City Council Minutes

Thursday, November 6,2014



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
NOVEMBER 6, 2014, 5:00 P.M.
CITY COUNCIL CHAMBERS


PRESENT:
Mayor Pro Tem Gil Almquist
Councilmember Jimmie Hughes
Councilmember Michele Randall
Councilmember Joe Bowcutt
Councilmember Bette Arial
City Manager Gary Esplin
City Attorney Shawn Guzman
City Recorder Christina Fernandez

EXCUSED:
Mayor Jon Pike

OPENING:
Mayor Pro Tem Almquist called the meeting to order and welcomed all in attendance. The Pledge of Allegiance to the Flag was led by Brevan White and the invocation was offered by Reverend Alex Wilkie.
COMMENTS FROM THE PUBLIC:
Mayor Pro Tem Almquist commented that four forms were received for public comment. He read the rules for having comments heard.

Tiffany Barnes, resident, stated that they are asking to remove the need for permits for dancing form the licensing process. She asked what the reasons were to have the regulation for dancing. She is a co-founder of a dance society who has worked for the past couple of years in fostering an underground dance identity. She would not mind being arrested or cited for dancing under the improper circumstances. There are certain fundamental concepts that cannot be ignored. The regulation infringe on their right to peaceably assemble as well as their right for free expression. Taxpayers may be unhappy that taxes are being wasted enforcing such a frivolous regulation. Her dance society is the Red Rock Swing Dance. Putting on a dance should not be a charitable endeavor all the time. It is exhausting as an endeavor and it does not put food on the tables. If there are further concerns about whether or not things should proceed forward, she urges the Council to list those concerns. The dance community asks to table the matter so that they come up with an adequate solution for the issues.

Mayor Pro Tem Almquist stated that although there is not an ordinance against dancing, there is a permitting process. The Council has never denied a request for a dance. He explained that decisions are not made in open forums.

Councilmember Hughes advised that the process will probably be looked at. He asked if her dance group has ever been shut down.

Ms. Barnes explained that they have had to fly under the radar. They were finally approved for, and hold, water tank dances. The regulations made it really hard. There is a cultural mentality that does not embrace dance. She believes the special event permit application should not include dancing.

Councilmember Arial stated that she agrees and is baffled over the whole thing. There are a lot of new members on this Council. She explained that she has a degree in modern dance and does not believe there is a culture that is anti dance. The City Council is not anti dance.

Jared Keddington stated that although he is not a resident of St. George, he would like to address the Council as he intends to hold dances in the City of St. George.

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Mayor Pro Tem Almquist stated that the forum is intended to serve residents of St. George. He respectfully accepts Mr. Keddington’s feelings on the issue; however, he cannot comment.

Councilmember Randall explained that there is a gentleman who has attended several meetings and tries to comment. Since he does not reside in St. George, he is not allowed to comment.

Councilmember Hughes advised that the special event permitting process will be looked at in the future, at that time it will be an open process. He encouraged those that have a vested interest to get involved at that time.

Mr. Keddington stated that being the guy who started the fire, he would like to help put it out in the most positive way. He never intended for this to go in the direction that it has.

Councilmember Randall invited Mr. Keddington to take part in the process when the decision is made.

Matthew Jacobson, resident, thanked the Councilmembers for the great job they are doing. He explained that he was born and raised in St. George, runs the St. George marathon,
goes to school here, goes to church here, works here, and is gay. He is here to ask to update the city’s existing non-discrimination law to include sexual orientation and gender identity to protect people like him from discrimination. Despite his work ethic and his ability to do a job well, he has a fear that at any moment he will be let go because of who he is. In 2002, he was working for a local retail store as a make up artist. His immediate manager was very supportive of him and told him often that he did a good job. After management found out he was gay, he was let go, which was very humiliating. It became difficult to find work, he had to change professions. The Utah Labor Commission has shown that each month, 3-5 gay or transgender Utahns are fired for being who they are. Additionally, 67% of transgender people are fired or denied jobs. Every resident of St. George should have the freedom to work, live and love without the fear of being fired or evicted. He is asking that the City Council follow the example of the LDS Church who endorsed the same code. The gay and transgender people of St. George are asking to light the way of fair treatment. Everyone wearing red tonight is doing so in solidarity.

Mayor Pro Tem Almquist explained that there has been a discussion about the opportunity for this item to come before the Council.

Patricia Kent stated that she has been a resident of St. George for 34 years. She has worked in many capacities throughout the City. She is an avid student of the Constitution of the United States. Being 63 years old, she has been through race discrimination and now they are talking about the discrimination of gender. Without fail, every anti discrimination ordinance that has been passed has been discriminatory. They want to push their ideologies on the rest of us. No government should be able to tell her that she is required to allow anyone race or gender identification to come onto her property and do whatever they want. The constitution gives her the right to life, liberty and property. Additionally, it protects those of all races, genders and gives us all the same rights. There is no need for an ordinance as people who have been fired because of their gender orientation have recourse given to them by the laws of the land. She has members in her family who are different races and others that are gay. Although she does not support their lifestyle, she believes in equality. A homosexual family member, who attended the LGBT parade, held a sign that read “I am Gay and you are wrong.” He was talking about those pushing their lifestyle on the majority. It is time that we all go back to the laws of the land.

Mayor Pro Tem Almquist mentioned that there is one law above all - the law of love your neighbor. He explained that Lex Deazevedo II wishes to comment; however, because he is not a resident of St. George, he cannot do so. He then called for a five minute recess.

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FINANCIAL REPORT:
Consider approval of the financial report for September 2014.

City Manager Gary Esplin advised that things are going well.

MOTION: A motion was made by Councilmember Randall to approve the financial report for September 2014.
SECOND: The motion was seconded by Councilmember Arial.
VOTE: Mayor Pro Tem Almquist called for a vote, as follows:

Councilmember Almquist - aye
Councilmember Hughes - aye
Councilmember Randall - aye
Councilmember Bowcutt - aye
Councilmember Arial - aye

The vote was unanimous and the motion carried.

PUBLIC HEARING/ZONE CHANGE/ORDINANCE: Public hearing to consider approval of a zone change from Single Family Residential R-1-10 to Planned Development Residential on 8.55 acres located at approximately 1850 South River Road.

Bob Nicholson stated that request is to re-zone property from R-1-10 to PD-R for a 60-unit townhome project on approximately 8.5 acres located at approximately 1850 South River Road. The General Plan identifies this area as medium density. Notice letters were sent to property owners within 500 feet. The project consists of 60 townhome units in a 4-plex arrangement, with a height up to 26 feet. He reviewed the comments from the Planning Commission report which included comments regarding: General Plan, The Project, Design, and Issues. The Planning Commission felt that Mr. Wright has made a reasonable effort to minimize the impact. Included in the agenda packet is a letter from the Hills HOA requesting that the two-story fourplexes be reduced to duplexes. An additional issue brought up at the Planning Commission meeting was the maintenance of the 2-acre natural area. It has been an overflow drainage area when it was farmed and also drains the LDS church parking lot to the north. He stated that the Planning Commission unanimously recommends approval with the following conditions:

1. A deceleration lane on River Road at 1850 South shall be included in this project.

2. Because the project has double fronting lots on River Road, a 10 ft. wide landscape area and a 6' high privacy wall shall be installed along River Road.

3. The interior roads may be private, and will maintained by the HOA.

4. The responsibility of maintaining the 2-acre natural area for storm water drainage and detention shall be with the develop initially and then with the HOA.

5. A new drainage easement between property owners may be needed, unless a drainage easement is determined to already exist due to historic drainage patters, or for other reasons.

6. An option for the developer is to pipe the drainage (through the wetlands area).


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7. Building & project design shall be as presented (site plan, elevations and materials board).

8. Per cross sections submitted, a 30 ft.+/- building setback from the south property line shall be provided behind units 13-16 and a 58 ft. +/- building setback shall be provided behind units 9-12.

9. The 2-acre natural wetlands area shall not be allowed to hold stagnant water which could become a mosquito breeding ground. The HOA shall create an effective drainage system and the HOA shall maintain the drainage area so as not to become a neighborhood nuisance.

Councilmember Arial left the meeting.

City Attorney Shawn Guzman asked if when the LDS chapel was built, was the drainage through the property shown as a drainage plan for the chapel. If so, there would be a need to require the easement to ensure that the water will continue to flow. He advised there should be documentation that shows the adjacent property has the right to put the water there.

Mr. Nicholson replied he believes so. The drainage is off the property, but enters in at the natural area.

Derek Wright, owner of Wright Homes, noted that their hope is that you will not be able to see where one unit starts and another stops. There are various sizes and price points. All units will have covered patios. They have put a lot of time and emphasis into the architecture. He asked if the letter he wrote to the HOA was included in the agenda packet.

Mr. Nicholson replied that he did not see it.

Mr. Wright stated that they are trying to be good neighbors. Initially, he mentioned to the Hills HOA that they could build within 10feet of the property line, but will not do so. Additionally, the ordinance allows for 35 feet, but they have kept the height to 26 feet. They have committed to having fences closer to their units and have a gradual grade, there will not be a fence at the property line. He will work to properly provide easements for the church.

Councilmember Bowcutt commented with regard to the natural area, that homeowners will take over the area when the subdivision is full. It is easy to say that the homeowners will take care of that until someone actually has to. He is concerned that yearly maintenance is done.

Mr. Wright stated that one of the Planning Commissioners encouraged him to work with the City. Other HOA’s are third party managed. This item will need to be revisited yearly, maybe twice a year. There a secured easement that will be improved. This will serve as a secondary emergency access for their residents.

Mayor Pro Tem Almquist opened the public hearing.

Sharon Mickle, who owns #17 in The Hills subdivision stated that she wrote a letter to the Councilmember recently. They too tried to be good neighbors and appreciate Mr. Wright’s efforts in working with them. In the meetings, they asked for open space near The Hills subdivision. When looking out their window they will see two stories above them since the ground level of the proposed 4-plexes will be above their second story. They are concerned with their resale values and are asking that the two units at the bottom of The Hills be eliminated or moved up so that the open area can be put in. Additionally, she is


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also concerned about traffic. In 2006, it was proposed that an office complex be built in this area; traffic was an issue then.

Anthony Nethercott, who resides at 1903 Point Drive, explained that he is in a similar situation as The Hills condos. Their backyard will face directly into the units on the southwest corner, there is quite an elevation change. One of his questions is when he looks out his backyard, what will he see when the development is there. He has not seen a good presentation of what the elevation will be from his prospective. They all back up against the green area. His concerns are privacy, terrain and traffic.

Mayor Pro Tem Almquist closed the public hearing.

Mr. Wright explained that were are not any changes to elevation. There was a drainage study that they will present to staff. He explained that they have communicated with The Hills to view their landscape plan; they are willing to allow their input. Their goal is to give the neighbors privacy and they are committed to working with them.

Councilmember Randall commented her only concern is that there is nothing south that those residents will be going to. Turning north onto River Road is not pleasant.

City Manager Gary Esplin advised that staff is doing a study now for three traffic signals included in the budget. St. James is one of them.

Mr. Wright commented that the property is land locked - River Road is the only access. They can do their best to do what they can to make it safe.

City Attorney Shawn Guzman advised that he would like the drainage included in the approval.

MOTION: A motion was made by Councilmember Hughes to approve the zone change from R-1-10 to PD-R with the conditions of the Planning Commission and that the drainage agreement be made with the drainage easement issues taken care of in addition to the site plan and renderings.
SECOND: The motion was seconded by Councilmember Randall.
VOTE: Mayor Pro Tem Almquist called for a roll call vote, as follows:

Councilmember Almquist - aye
Councilmember Hughes - aye
Councilmember Randall - aye
Councilmember Bowcutt - aye

The vote was unanimous and the motion carried.

PUBLIC HEARING/IVINS/BLOOMINGTON BUS ROUTE:
Public hearing to take comments on the proposed new Ivins/Bloomington Wal-Mart bus route.

City Manager Gary Esplin stated that as part of the requirements for adding a new route, there is an agreement with Ivins to provide service to their community.

Public Works Director Cameron Cutler presented a copy of the Bloomington Route. He explained that the Bloomington route has several stops along the route. The time fits within the 40 minute period. The Ivins route goes down Sunset Boulevard through Santa Clara; however, the doors will not open until it gets into Ivins. He outlined the Ivins route.



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Debbie Justice with the Learning Center For Families, explained that they are located on Tonaquint Drive. Many of their families do not have transportation. It is important to
have an opportunity to participate. They are missing a lot of riders who will use the service. She provided a petition requesting that the City consider a route that will stop near them.

Joe, a citizen, commented that his kids attend the Learning Center For Families. He would love to see SunTran go there.

City Manager Gary Esplin advised this project was done with Ivins paying for the bus. The bus is tied to the 40 minute route; however, staff can look at the route and see if something can be adjusted to allow for additional routes.

PUBLIC HEARING/AMEND CITY ZONING REGULATIONS/ORDINANCE:
Public hearing to consider approval amending the City Zoning Regulations, Title 10, Chapters 8 and 19, to add provisions for off-campus college student housing projects.

John Willis presented the proposed amendment to Title 10, Chapters 8 and 19 to add provisions for off-campus student housing. He mentioned that the current zoning regulations allow for a density up to 22 dwelling units per acre and a building height up to 35 feet. The requested code amendment will allow for increased density and building heights up to 55 feet, along with other special development standards applicable only to off-campus student housing within in the already established “Student Pedestrian Emphasis Area”. After a conditional use permit was issued allowing for the increased
density and height, staff felt that a PD zone is much more appropriate. In order to determine the proper density, staff looked at several other communities. He highlighted key points of the amendment and read sections 10-8-8(K) and 10–8-8(L) which cover the number of students and the penalty for failing to meet the minimum student occupant requirements. The ordinance does not require that 100% of the occupants be students as some students may take a semester off. He presented a map of the “Student Pedestrian Emphasis Area”.

Mayor Pro Tem Almquist commented that the area is already land locked. There needs be a way to enable the walking capability. He asked if the University were to ever get a satellite campus, can this ordinance apply to a non-contiguous piece of property.

City Manager Gary Esplin advised these provisions can only apply to the property highlighted on the “Student Pedestrian Emphasis Area” map. There have been discussions with UDOT to see about a connection under the I15 freeway to the east side. The intent is to keep the concentration of the housing near the campus and not to go into the neighborhoods and possibly push it to the east.

Councilmember Arial returned.

Mayor Pro Tem Almquist opened the public hearing.

Doug Alder, citizen, explained that about a decade ago, there was a major discussion about the area from 700 East going west to the City center. The City has worked very well on revitalizing the downtown area. One of the elements in reviving downtown is to have families residing there. Approximately 10 years ago, the R-1 zone was expanded. He thanked everyone for making a proposal that is consistent on where the Council stands.

Georgia Barker, citizen, stated that she appreciates the language in the ordinance trying to protect the west side. It would be nice to have also include language outlining the intent of the ordinance. Her biggest concern is that there is so much traffic around the University. She thinks a traffic study is called for at 700 East. The ordinance does not say anything about reducing the parking until page 6. She hopes that those renting the


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units understand the parking reductions. There needs to be some method of accountability so that the ordinance does what it is supposed to do.

City Manager Gary Esplin commented that in the ordinance, if a parking reduction is requested, the developer will be required to provide a plan. Staff will monitor the situation.

Biff Williams, President of Dixie State University, explained that they are up 33% in enrollment and have seen a shift with regards to commuter versus non-commuter. They expect to see a greater increase in enrollment in future years. The University is going to build a residential dorm on campus since a number of students want to reside there.

Mayor Pro Tem Almquist closed the public hearing.

Stanford Graham, representative for the developer, stated that he recognizes the need for student housing. He explained that they have had success in other communities with this type of project.

MOTION: A motion was made by Councilmember Arial to approve the ordinance amending the City Zoning Regulations, Title 10, Chapters 8 and 19, to add provisions for off-campus college student housing projects.
SECOND: The motion was seconded by Councilmember Bowcutt.

Councilmember Hughes commented that what is happening here is making sure to keep the high density students on campus. By requirement the number of cars will be limited. This is a step in the right direction.

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

Councilmember Almquist - aye
Councilmember Hughes - aye
Councilmember Randall - aye
Councilmember Bowcutt - aye
Councilmember Arial - aye

The vote was unanimous and the motion carried.

PUBLIC HEARING/PROXIMITY VARIANCE:
Public hearing to take comments for and consider approval of a local consent for a proximity variance for the Chef Alfredo restaurant located at 1135 East 700 South.

City Manager Gary Esplin explained that at the last City Council meeting, a local consent was granted to Chef Alfredo; however the distances did not clearly reflect the proximity requirements. In order to approve the proximity variance, there is a need for a public hearing.

Councilmember Hughes stated that he asked about the distances at the last meeting.

Shiloh Kirkland advised that the distances provided previously were not the closest, they were what Mr. Alfredo thought were the closest. She stated that she asked Mr. Alfredo to resubmit the distances.

City Manager Gary Esplin commented that the packet includes letters in support of approving Mr. Alfredo’s request.




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Alfredo Modica, owner of Chef Alfredo stated that he is requesting a license for wine. His restaurant does not have a bar. The church and school nearest to the location have submitted letters stating that they have no objections.

Mayor Pro Tem Almquist opened the public hearing.

Ed Baca, citizen, stated that this is a unique location and the restaurant fits in nicely. The fact that the church and school support the approval should sway the Council in the right direction.

Mayor Pro Tem Almquist closed the public hearing.

MOTION: A motion was made by Councilmember Hughes to approve the local consent for the liquor license with a waiver of the distance requirements.
SECOND: The motion was seconded by Councilmember Arial.
VOTE: Mayor Pro Tem Almquist called for a roll call vote, as follows:

Councilmember Almquist - aye
Councilmember Hughes - aye
Councilmember Randall - aye
Councilmember Bowcutt - aye
Councilmember Arial - aye

The vote was unanimous and the motion carried.

RESOLUTION/NAMING UAMPS REPRESENTATIVES:
Consider approval of a resolution naming James Van Fleet as the UAMPS representative and Gary Esplin as the alternate representative.

City Manager Gary Esplin advised that Phil Solomon will be retiring soon. This resolution appoints James Van Fleet as the UAMPS representative and himself as the alternate.

MOTION: A motion was made by Councilmember Hughes to approve appointing James Van Fleet as the UAMPS representative and Gary Esplin as the alternate representative.
SECOND: The motion was seconded by Councilmember Arial.
VOTE: Mayor Pro Tem Almquist called for a roll call vote, as follows:

Councilmember Almquist - aye
Councilmember Hughes - aye
Councilmember Randall - aye
Councilmember Bowcutt - aye
Councilmember Arial - aye

The vote was unanimous and the motion carried.

SET PUBLIC HEARINGS:
Ray Snyder advised that the Planning Commission, at its meeting held October 28, 2014, recommended public hearings be set for November 20, 2014 to consider: 1) a zone change from OS to R-1-10 on 11.88 acres located between the end of Marigold Way and 1470 West Street for Hyde Berry Park; 2) a zone change from RE-20 to R–1-10 on 5.047 acres located between Tuweap Drive and 2100 West Street; and 3) a proposed amendment to the City Subdivision Regulations, Section 11-5-4.C.3 to allow for a five foot landscape and utility strip between the sidewalk and wall where additional road right-of-way and a deceleration/acceleration lane is provided at the request of the City.



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MOTION: A motion was made by Councilmember Randall to set the public hearings for November 20, 2014 for the items mentioned.
SECOND: The motion was seconded by Councilmember Bowcutt.
VOTE: Mayor Pro Tem Almquist called for a vote, as follows:

Councilmember Almquist - aye
Councilmember Hughes - aye
Councilmember Randall - aye
Councilmember Bowcutt - aye
Councilmember Arial - aye

The vote was unanimous and the motion carried.

FINAL PLAT:
Wes Jenkins presented the final plat for Desert Edge Phase 2, a 30-lot residential unit located at the southeast corner of Deserts Edge Drive and Broke Mesa Drive, zoning is PD-R. A note will be added to the plat to say that a landscape strip and wall will be required. They added a drain line to to capture the runoff from the backyards of the homes with walk out basements. Additionally, they will be required to dedicate 15% of open space. There is a public utility easement; however, it is a private utility to the lots. The developer will be responsible to maintain the easement.

City Attorney Shawn Guzman stated that the City does not allow private utilities to go into the public utility easements. The City did not require them to drain the lots, they did so as an enhancement for the lots. It will be spelled out in the easement that it is not a City drainage. The City will not maintain the easement and will not be liable. According to the study, there is not a requirement for drainage there, it is simply an enhancement.

MOTION: A motion was made by Councilmember Hughes to approve the final plat for Desert Edge Phase 2.
SECOND: The motion was seconded by Councilmember Bowcutt.
VOTE: Mayor Pro Tem Almquist called for a vote, as follows:

Councilmember Almquist - aye
Councilmember Hughes - aye
Councilmember Randall - aye
Councilmember Bowcutt - aye
Councilmember Arial - aye

The vote was unanimous and the motion carried.

FINAL PLAT:
Wes Jenkins presented the final plat for Deserts Plateau Phase 2, a 10-lot residential unit located on the east side of Deserts Edge Drive at Chimney Rock Road, zoning is PD-R. They will be required to dedicate 15% of open space.

MOTION: A motion was made by Councilmember Bowcutt to approve the final plat for Deserts Plateau Phase 2.
SECOND: The motion was seconded by Councilmember Randall.
VOTE: Mayor Pro Tem Almquist called for a vote, as follows:

Councilmember Almquist - aye
Councilmember Hughes - aye
Councilmember Randall - aye
Councilmember Bowcutt - aye
Councilmember Arial - aye

The vote was unanimous and the motion carried.


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FINAL PLAT:
Wes Jenkins presented the final plat for Escapes at the Ledges Phase 2, a 21-unit residential subdivision located easterly of the East Ledges Round-A-Bout and Ledges Parkway, zoning is PD-R.

MOTION: A motion was made by Councilmember Randall to approve the final plat for Escapes at the Ledges Phase 2.
SECOND: The motion was seconded by Councilmember Arial.
VOTE: Mayor Pro Tem Almquist called for a vote, as follows:

Councilmember Almquist - aye
Councilmember Hughes - aye
Councilmember Randall - aye
Councilmember Bowcutt - aye
Councilmember Arial - aye

The vote was unanimous and the motion carried.

FINAL PLAT:
Wes Jenkins presented the final plat for Fieldstone Phase 1, a 25-lot residential subdivision located on the south side of Crimson Ridge Drive at 2240 East Street, zoning is R-1-10.

MOTION: A motion was made by Councilmember Hughes to approve the final plat for Fieldstone Phase 1.
SECOND: The motion was seconded by Councilmember Arial.
VOTE: Mayor Pro Tem Almquist called for a vote, as follows:

Councilmember Almquist - aye
Councilmember Hughes - aye
Councilmember Randall - aye
Councilmember Bowcutt - aye
Councilmember Arial - aye

The vote was unanimous and the motion carried.

FINAL PLAT:
Wes Jenkins presented the final plat for Legends at Cactus Flats, a 12-lot residential subdivision located at approximately 2300 South and 2010 East Street, zoning is R-1-10. One significant difference between the preliminary plat and this final plat, was the change of lots 11 & 12 from walk out basements to slab on grade lots. They kept the elevation of the lots higher because they wanted to let the homeowners who purchase the lots decide whether they want a retaining wall on the rear of the property. One concern was the drainage. Because the lots slope against the walls, the developer will built temporary detention basins to collect the water keeping it away from the wall. A note will be added that each of the lots will have to have a drainage and grading plan with the building permit.

Councilmember Bowcutt explained that he is concerned that if one lot is built one way to take care of the drainage and the next one will not work since the plan will be with each individual building permit.

Mr. Jenkins stated that there is some concern in protecting the lots. It can be handled with the individual building permit. With something like this, when the lots are developed, staff will make sure what was built functions. Another note that can be added is that all the roof drains are piped to the front and drain off into the street.





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Councilmember Randall commented that she visited the area this morning and can see why the neighbors are angry since the dirt is up to the top of their block walls. She asked when each lot is sold, are the buyers going to be required to install a retaining wall.

Mr. Jenkins replied no, they will not be required to install a retaining wall. They will be required to provide a stable slope that will not erode over time.

City Attorney Shawn Guzman clarified that staff will not be doing extra inspections or requirements on these lots.

Mr. Jenkins explained that his thought was that staff would go to the site. Since that is not typically done, it would have to be added as a condition of the certificate of occupancy.
City Attorney Shawn Guzman advised the City will not commit to do that. Staff looks at an overall plan for the subdivision.

MOTION: A motion was made by Councilmember Hughes to approve the final plat for Legends at Cactus Flats.
SECOND: The motion was seconded by Councilmember Arial.

AMENDED
MOTION: Councilmember Hughes amended his motion adding the condition that a note be on the plat that the roof drains onto the street
SECOND: The amended motion was seconded by Councilmember Arial.

VOTE: Mayor Pro Tem Almquist called for a vote, as follows:

Councilmember Almquist - aye
Councilmember Hughes - aye
Councilmember Randall - nay
Councilmember Bowcutt - aye
Councilmember Arial - aye

The motion carried.

REVISED BUILDING DESIGN CONCEPTUAL SITE PLAN:
Bob Nicholson presented a revised building design conceptual site plan for Joule Plaza located between 200 West and 300 West Streets on the south side of Tabernacle Street. The changes include revised building design, 17 additional units, 40 additional parking spaces, and approval for certain uses to be considered as commercial uses. The item was approved in August of this year. No changes are proposed to Buildings A, B & D. Building C is a 2-story addition with 17 dwelling units located above a portion of the parking structure. The density increases from 33 to 37.4 dwelling units per acre. He reviewed a table outlining the original and proposed revised site plans. The parking structure, will blend in with the apartment units and is proposed to be stucco over concrete. He explained that the applicant is proposing commercial storage rental closets be allowed in the project as a commercial use, to both tenants and outside persons or businesses. The rental codes does not cover storage closets. The Planning Commission recommends approval with the following conditions:

1. The increased density is approved as presented.

2. The parking garage is approved as presented and the materials shall match those previously approved for this project.



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3. The storage closets square footage may be counted as commercial area and shall be available to the general public to be counted as commercial area.

4. The fitness center shall be open to the general public to be counted as commercial area.


5. Per standard protocol, the applicant shall process for review and approval a SPR (site plan review) application along with the standard required civil engineering plan set (e.g. site plan, grading plan, erosion control plan, utility plan, detail sheets, etc.).

Randy Wilkinson, applicant, stated that Mr. Nicholson has accurately described the recommended changes. There are drainage issues with underground parking structures, therefore they believe one parking structure will be better. Some of the difficulties with mixed use projects is the commercial aspect. These closets were done in other projects and were rented quickly. There will be approximately twenty 4'x7' storage closets and will be secured.

Councilmember Hughes explained that he is concerned that storage units are being used to bring activity to the downtown area.

Wes Davis stated that one of the projects they researched has these closets. From the exterior you would not even know they are there. It is nice to provide the services on site and it did encourage people to stay.

Councilmember Arial explained that when she lived at the Gateway, it was nice to have storage units on site. She was downtown near the Electric Theater today speaking with some of the business owners. Comments were about the Main St. Plaza businesses that were going in. They were discouraged with the types of business. Although she thinks it is great to have the storage, she would like to see more retail and restaurants.

Councilmember Bowcutt recalled that the Planning Commission discussed the fact that non-residents will have keys to access the storage closets, but the keys will not access other areas. He is in favor of this project since he lives in the area.

City Manager Gary Esplin commented that he thought the storage closets were an attempt to utilize the commercial space. The struggle of the property owners and developers is that they need the increased density. He is inclined to give the developers the benefit of the doubt to make the project happen, as long as you do not see the storage closets. He is hopeful the project will be successful and a model.

Councilmember Hughes stated that he wonders how to keep from the developers from using the storage as a way to meet the commercial requirements.

City Manager Gary Esplin explained that the City Council has to approve it. He would not want to see all of the commercial be storage.

City Attorney Shawn Guzman advised this proposal is site specific to this phase. The City Council can determine if this would be appropriate in other phases.

MOTION: A motion was made by Councilmember Arial to approve the revised building conceptual design plan for Joule Plaza.
SECOND: The motion was seconded by Councilmember Bowcutt.
VOTE: Mayor Pro Tem Almquist called for a vote, as follows:

Councilmember Almquist - aye
Councilmember Hughes - aye
City Council Meeting Minutes
November 6, 2014
Page Thirteen

Councilmember Randall - aye
Councilmember Bowcutt - aye
Councilmember Arial - aye

The vote was unanimous and the motion carried.

LOCAL CONSENT/FULL SERVICE RESTAURANT LIQUOR LICENSE:
Consider approval of local consent for a full service restaurant liquor license for the Wing Nutz located at 15 South River Road, #330. William Owens, applicant.

City Manager Gary Esplin advised this is not a new license but a new owner.

MOTION: A motion was made by Councilmember Randall to approve the local consent for a full service restaurant liquor license for Wing Nutz.
SECOND: The motion was seconded by Councilmember Arial.
VOTE: Mayor Pro Tem Almquist called for a vote, as follows:

Councilmember Almquist - aye
Councilmember Hughes - aye
Councilmember Randall - aye
Councilmember Bowcutt - aye
Councilmember Arial - aye

The vote was unanimous and the motion carried.

OPEN SPACE DONATION AGREEMENT:
Consider approval of the Desert Canyons open space donation agreement.

City Manager Gary Esplin advised as part of the development agreement with Desert Canyons, each time a plat is done part of the property has to be donated to the City. The developer proposed to 1.897 acres of open space.

MOTION: A motion was made by Councilmember Randall to approve the open space donation agreement with Desert Canyons.
SECOND: The motion was seconded by Councilmember Hughes.
VOTE: Mayor Pro Tem Almquist called for a vote, as follows:

Councilmember Almquist - aye
Councilmember Hughes - aye
Councilmember Randall - aye
Councilmember Bowcutt - aye
Councilmember Arial - aye

The vote was unanimous and the motion carried.

PROPERTY EXCHANGE:
Consider approval of a property exchange with Jeff Mathis.

City Manager Gary Esplin explained that the property is located near the Southgate Golf Course. Unusable private property of approximately 468 sq. feet for unusable hillside City property of 1,435 sq. feet will be exchanged. This will allow the City to upgrade and enlarge the irrigation pump station in the future.

Councilmember Bowcutt inquired about the language as stated in the agenda packet. It read: ”including other donated professional services”

City Manager Gary Esplin suggested to not include that language. He is not sure what it means.


City Council Meeting Minutes
November 6, 2014
Page Fourteen

MOTION: A motion was made by Councilmember Bowcutt to approve the exchange of 1,435 sq. feet of City property for 468 sq. feet of unusable private property and include that they delete the language “including other donated professional services”.
SECOND: The motion was seconded by Councilmember Arial.
VOTE: Mayor Pro Tem Almquist called for a vote, as follows:

Councilmember Almquist - aye
Councilmember Hughes - aye
Councilmember Randall - aye
Councilmember Bowcutt - aye
Councilmember Arial - aye

The vote was unanimous and the motion carried.

ADDENDA TO WIRELESS AGREEMENT:
Consider approval of an addenda to the wireless agreement with AWI.

City Manager Gary Esplin explained that this item is an addendum to an agreement with AWI to add two additional sites. The Water Services department has reviewed the sites and recommends approval.

MOTION: A motion was made by Councilmember Arial to approve two additional sites for AWI wireless.
SECOND: The motion was seconded by Councilmember Hughes.
VOTE: Mayor Pro Tem Almquist called for a vote, as follows:

Councilmember Almquist - aye
Councilmember Hughes - aye
Councilmember Randall - aye
Councilmember Bowcutt - aye
Councilmember Arial - aye

The vote was unanimous and the motion carried.

INSTALLATION OF A RELAY DISH:
Consider approval of the installation for a relay dish on the Water Services warehouse.

City Manager Gary Esplin advised this relay dish will allow IHC and Life Flight to have better lines of communication and to upgrade their service.

MOTION: A motion was made by Councilmember Randall to approve the installation for a relay dish on the Water Services warehouse.
SECOND: The motion was seconded by Councilmember Bowcutt.
VOTE: Mayor Pro Tem Almquist called for a vote, as follows:

Councilmember Almquist - aye
Councilmember Hughes - aye
Councilmember Randall - aye
Councilmember Bowcutt - aye
Councilmember Arial - aye

The vote was unanimous and the motion carried.



City Council Meeting Minutes
November 6, 2014
Page Fifteen

REVISE PURCHASING POLICY NUMBER 3.34:
Consider revising purchasing policy number 3.34 to include additional disposal methods.

City Manager Gary Esplin stated that the City currently has a purchasing policy for disposing of impounded bicycles. This revision would allow for the bikes to be deemed surplus property and donated to private charities. Support Services Manager Marc Mortensen has been involved with donating the bikes to those in need.

MOTION: A motion was made by Councilmember Hughes to revise policy number 3.34 to include bicycles as surplus property and the option to donate to charitable organizations.
SECOND: The motion was seconded by Councilmember Randall.
VOTE: Mayor Pro Tem Almquist called for a vote, as follows:

Councilmember Almquist - aye
Councilmember Hughes - aye
Councilmember Randall - aye
Councilmember Bowcutt - aye
Councilmember Arial - aye

The vote was unanimous and the motion carried.

DECLARE IMPOUNDED BIKES AS SURPLUS CITY PROPERTY:
Consider approval of a declaration declaring certain impounded bicycles as city surplus property to be donated to the homeless.

Support Services Marc Mortensen stated he has been working to establish a bike collective, a non-profit, 501c3 organization that would to help to recycle bikes in the community. The recipient would not just get them, they would help restore the bikes, essentially earning the bike. He would like to take some of the bikes impounded by the Police Department and donate them to SwitchPoint as a source of transportation. They have received requests for 8-10 bikes, but they only have 3-4.

Councilmember Bowcutt commented that there will be costs to repair the bikes. He asked where will those funds will come from.

Mr. Mortensen stated the fund will come through donations from a number of different sources such as the Boy Scouts of America and local bike shops. He will make contact civic clubs as well. They are trying to rescue bikes prior to them going to the dump.

MOTION: A motion was made by Councilmember Randall to approve a declaration declaring certain impounded bicycles as city surplus property to be donated to the homeless.
SECOND: The motion was seconded by Councilmember Bowcutt.
VOTE: Mayor Pro Tem Almquist called for a vote, as follows:

Councilmember Almquist - aye
Councilmember Hughes - aye
Councilmember Randall - aye
Councilmember Bowcutt - aye
Councilmember Arial - aye

The vote was unanimous and the motion carried.





City Council Meeting Minutes
November 6, 2014
Page Sixteen

City Manager Gary Esplin clarified that since item 6D is a platted subdivision, there may be an issue with adding or taking away from lots. He suggests to waive the fees for the amended plat process. He will have staff check into that further.

MINUTES:
Consider approval of the minutes from the City Council meeting held on October 9, 2014.

MOTION: A motion was made by Councilmember Arial to approve the minutes from October 9, 2014.
SECOND: The motion was seconded by Councilmember Randall.
VOTE: Mayor Pro Tem Almquist called for a vote, as follows:

Councilmember Almquist - aye
Councilmember Hughes - aye
Councilmember Randall - aye
Councilmember Bowcutt - aye
Councilmember Arial - aye

The vote was unanimous and the motion carried.

MINUTES:
Consider approval of the minutes from the City Council meeting held on October 16, 2014.

MOTION: A motion was made by Councilmember Hughes to approve the minutes from October 16, 2014.
SECOND: The motion was seconded by Councilmember Arial.
VOTE: Mayor Pro Tem Almquist called for a vote, as follows:

Councilmember Almquist - aye
Councilmember Hughes - aye
Councilmember Randall - aye
Councilmember Bowcutt - aye
Councilmember Arial - aye

The vote was unanimous and the motion carried.

REPORTS FROM MAYOR, COUNCILMEMBERS AND STAFF MEMBERS:
Councilmember Randall reminded the other Councilmembers about the Veteran’s Day Parade being held in Washington City.

Mayor Pro Tem Almquist mentioned the Crop Walk that will take place at Larkspur Park.

Councilmember Arial commented that the Children’s Museum restrooms need repair. Additionally, she noted that Art Around the Corner would like to utilize the sign displays at the Town Square to put up their signs. She stated that she believes there is a need to look at the vacation rental ordinance.

Mayor Pro Tem Almquist stated that the Dinosaur Museum was laying down flagstone and found that it had tracks through it. They have had donations such as this before, but these stones represent a time not yet represented.

ADJOURN:
MOTION: A motion was made by Councilmember Hughes to adjourn.
SECOND: The motion was seconded by Councilmember Bowcutt.
VOTE: Mayor Pro Tem Almquist called for a vote, as follows:

City Council Meeting Minutes
November 6, 2014
Page Seventeen

Councilmember Almquist - aye
Councilmember Hughes - aye
Councilmember Randall - aye
Councilmember Bowcutt - aye
Councilmember Arial - aye

The vote was unanimous and the motion carried.





_________________________________ Christina Fernandez, City Recorder