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City Council Minutes 07/20/2006:
...nge the land use designation from only commercial to business park, public facilities, high-density residential, park, light industrial, and commercial for both east and west sides of the proposed Milepost 2 I-15 interchange area. State and Institutional Trust Lands Administration (SITLA), applicants. 2. Consider a request to change the zone from residential to R-1-10 to Commercial C-2 on 0.42 acres located at 951 South River Road. Virginius and Barbara Dabney, applicants. 3. Consider a request to change the zone from Mobile Home MH-6 to Planned Development Residential on 28.45 acres located west of 1100 East and north of 500 North in the area of the St. George Industrial Park. Jim Haslem, applicant. St. George City Council Minutes July 20, 2006 Page Five 4. Consider a request to change the zone from Agricultural A-1 to Residential R-1-12 on 1.59 acres located on the west side of 3000 East at about 1100 South in the Washington Fields area. Larry McEntire, applicant. MOTION: A motion was made by Council Member Gardner to set the public hearings for all four requests for August 17, 2006 at 5:00 p.m. SECOND: The motion was seconded by Council Member Whatcott. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. FINAL PLATS: Bob Nicholson, Director of Community Development, advised that the Planning Commission, at its meeting held on July 11, 2006, recommended approval of the following eleven final plats: 1. Bloomington Courtyard Phase 7, located at Pioneer and Brigham Road. Brandon Anderson, representative. 2. Primrose Point Phase 3, located at 1680 East and Acantilado Drive. Korey Kinder, representative. 3. Vista Del Cielo, located at 1450 South and 2630 East. Arturo Del Toro, applicant. 4. Tonaquint Hills Phase 2, located at Silicon Way and Dixie Drive. Kay Traveller, applicant. 5. Rink Estates, located at 2020 East Circle and 2800 South. Jim Raines, representative. 6. Ft. Pierce Area 1 road dedication located at River Road and Venture Drive area. Reid Pope, representative. 7. East Ridge Phase 6, located at Crestline Drive and 60 South. Scott Woolsey, representative. 8. Beehive Homes, located at Tonaquint Drive and Mesa Palms Drive. Marc Brown, representative. 9. Mesa Palms Townhouses Phase 5, located at Mesa Palms Drive and Crystal Drive. Reid Pope, representative. 10. Twin Creeks Phase 3, located at Northstar Drive and 510 N. Circle. Brandon Anderson, representative. 11. Cottam Fields, located at River Road and 2250 South. Jim Raines, representative. Council Member Whatcott asked about the request for Vista Del Cielo. He stated that there was a question about the protection on 1450 South and whether appropriate landscaping was required. Mr. Nicholson stated that the Council required that if there were any privacy walls they would have to be consistent. He said that the ones that had frontage would either have no walls or a consistent wall and the mandatory 10 ft. planter strip along 1450 South. MOTION: A motion was made by Council Member Orton to approve the final plats with the stipulations as stated on the plan notes and authorize Mayor McArthur to sign the plats. 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: City Planner Ray Snyder explained that this request is for Desert Hills High School located at the intersection of Desert Hills Drive and 840 East. He explained that the layout consists of three separate buildings. Mr. Snyder referred to a site plan and stated that the middle building would be for classrooms, the second building would be a gymnasium and the third would be a vocational building. Mr. Snyder said that a softball field, a baseball field and a future football field would also be part of the property. He explained that the classroom building is two-stories and 54?5? at the tallest point, the gymnasium is 36?3? at the tallest point, and the vocational building is 20?5? at the tallest point. He said that the number of students anticipated for the high school would be 1,350 with a maximum of 1,500. He said that the proposed parking proposed meets and exceeds the City standard because it meets state standards. Mr. Snyder stated that the Washington County School District and the City are working together to mitigate the manmade hillside between the Desert Hills subdivision and the south property line of the Washington County School District property. He said that the hillside mitigation also involves the related trail system and erosion protection. All lighting would be mitigated so as not to impact the adjacent residences. The mitigation would involve using the latest technology of dark sky style lighting and minimum footcandles. The Planning Commission requested a photometric plan to be submitted for staff review. Mr. Snyder stated that the Planning Commission recommended approval for the construction and development of the high school along with its associated buildings, heights, playing fields and landscaping as proposed. Mayor McArthur asked City Manager Gary Esplin if the concerns about the trail and retaining the hillside had been taken care of. City Manager Gary Esplin stated that the City is still working with the previous developer to get a commitment to help with the expense. He stated that the City is planning on working with the school to build the trail behind the school. He said the trail going to the east will be a significant amount of money and the City will have to wait on that one for awhile. St. George City Council Minutes July 20, 2006 Page Six Council Member Bunker stated that the City Council requested that specific lights be used for the project but that they were not allocated in the budget. City Manager Gary Esplin stated that in the past the City has provided some lighting on a joint use basis so other community groups could use the facilities in the evenings. He said that he didn?t know if this was going to be the case in this situation. Glen Carnahan stated that he is an Engineer with Alpha Engineering Company. He said that the school district has directed his company to provide all of the conduits and underground infrastructure to accommodate future lighting on the baseball and softball fields and tennis courts. He stated that the school district was going to light the football field. He stated that the school district has expressed an interest in continuing the relationship with the City to allow public use after hours but he said that he didn?t think the school district had budgeted for additional lights. Council Member Orton said that it would be a shame to not have the facility available for public use in the neighborhood. He asked City Manager Esplin if the expense for the lighting could be put into the next budget year. City Manager Esplin stated that he would look at the costs and include it in the next budget year. Mr. Carnahan stated that the facility will take two years to construct and is anticipated opening in the fall of 2008. Mayor McArthur asked about the night sky issue since the school hadn?t included the required lights in its budget. Mr. Carnahan said that he would have to follow up on that issue. He stated that the majority of the site sits quite a bit lower than the surrounding subdivisions. He said that the proposed football field is 35 feet below the existing toe of the slope. Council Member Orton asked if some residents? homes are on the same elevation as the school. Mr. Carnahan said that there are some homes that back up to the school on the west side. Council Member Whatcott asked if there was anything planned for the vacant ground that currently sets in front of Desert Hills Intermediate. Mr. Carnahan stated that he cannot speak for the board but he knows that they are considering a site for a seminary building. Council Member Whatcott asked why the proposed baseball field is facing to the west. Mr. Carnahan stated that it is due to a grading issue with the layout of the project. Council Member Bunker asked Mr. Carnahan to explain what the size of the retaining wall would be and how it would be constructed. Mr. Carnahan stated that they have been working with the City engineers on the issue. He said that the existing fill slope is on City property and when they began grading the site they discovered the necessity for retaining walls. He said that there would be a series of walls that would be approximately 10 feet in height and staggered. The highest point would be 35 feet. He said that one of the things that would be accomplished with the retaining walls and the associated geogrid is the stabilization of the existing fill slope on the City property. He said that when they install the geogrid they will mitigate the slope by cutting it back to be a stable slope. He said that the walls will be offset enough to put a trail in. MOTION: A motion was made by Council Member Whatcott to approve the conditional use permit. 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 the preliminary plat for Bella Tuscana at Mesa Palms located at Dixie Drive and Mesa Palms Drive. Cutrell, Inc., applicant. Kathy Hasfurther, Engineer IV, explained that this subdivision is part of the existing Mesa Palms PD zoning but that it will stand alone as far as having its own recreational area. She stated the design is for 55 single-family dwellings. Ms. Hasfurther stated that the Planning Commission recommended approval with the following staff comments: 1) the subdivision is required to have 11,000 sq. ft. of recreational area , and 2) lots 60-72 and 99-108 are being shown as walkout basement lots which will need to be built as such to reduce the wall heights within the subdivision. Mayor McArthur opened the public hearing. There being no public comment, he closed the public hearing. St. George City Council Minutes July 20, 2006 Page Seven Council Member Bunker asked about the size of the recreational area. She said that she couldn?t see where it was located on the plat. Ms. Hasfurther said that was why staff stated that the area had to be 11,000 sq. ft. She said that they couldn?t tell from the plat whether the recreational areas met that requirement because the square footage was not shown. Council Member Bunker asked if the applicant had something in place as far as what they are going to do with those areas. Ms. Hasfurther said that she has not seen anything. Mayor McArthur asked if the applicants were present. No one came forward. Council Member Bunker stated that she would like to see it tabled until more information on the recreational areas and trail system to connect with the City?s trails was provided. MOTION: A motion was made by Council Member Bunker to table the request. SECOND: The motion was seconded by Council Member Whatcott. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. City Attorney Shawn Guzman asked if a date could be set for reconsideration since it was a public hearing. Mayor McArthur said that it would be tabled until the next official council meeting. PUBLIC HEARING/PRELIMINARY PLAT: Public hearing to consider approval of the preliminary plat for Villa De Colina condominiums at the southeast corner of the Foremaster Drive and Riverside Drive intersection. Ben Howell, applicant. Kathy Hasfurther, Engineer IV, explained that this preliminary plat used to be called Foremaster Green and is located on the east side of the new Riverside Drive extension along the base of the hill. Ms. Hasfurther said that was a discrepancy regarding slope percents. She said that the hillside development plans show a 2.2:1 cut but that the preliminary plan shows a 2:1 cut. She said that both plans need to be consistent. She also stated that as part of the recommendation from the City traffic engineer, the north cul-de-sac is to extend north to eventually tie into the Netta?s Knoll entrance road that would provide access to a street traffic light. She said that they have talked to the applicant about this and the applicant is in agreement. Ms. Hasfurther said that the Planning Commission recommended approval on a 4-1 vote with the conditions that the hillside development plan and preliminary plat coincide on the hillside cut; that the old landscape plan submitted with the original hillside development permit be used along Riverside Drive and that the applicant is required to over excavate in that landscape area by 5 ft. Tim Fry stated that he is an engineer with Premier Design & Engineering. Mr. Fry explained that the new applicant is Ben Howell and that the hillside permit was obtained by the prior applicant. He said that was the reason there was a difference between the hillside development permit and the preliminary plat. He explained that the unit types have been changed to larger units with parking underneath each unit. He went through a computer animated presentation that showed the project from different angles and heights. Council Member Gardner asked about the sloughing on the cut. Mr. Fry stated that the current sloughing is because the slope in at 1:1. He said that their project has the slope at a 2:1 and that the geotechnical engineer is not concerned about the possibility of sloughing with the slope at a 2:1. Mayor McArthur asked how many units there were per building. Mr. Fry said that there are eight units per building. He explained that there is a proposed recreational area, a pool and a club house with additional parking spaces. He described the entrance off of Riverside Drive going south and the exit from the project. Council Member Gardner asked if the private streets in the project were lower than Riverside Drive. Mr. Fry said that on the north end Riverside Drive is lower but on the south end it is higher. Council Member Gardner asked about the conditional use permit. Mr. Fry explained that the conditional use permit is for height variance. Council Member Whatcott clarified that the height variance request is because the buildings are lower than 35 feet if the measurement is from Riverside Drive but when measured from the north end the buildings are up to 42?2? in height. Mr. Fry stated that was correct. St. George City Council Minutes July 20, 2006 Page Eight Council Member Whatcott asked if there was a requirement coming off Riverside Drive for a deceleration lane. Mr. Fry said there was not. He said that the traffic engineer and Tyler Hoskins discussed the need for a deceleration lane but both felt it wasn?t necessary at this time. Rick Snyder from the City?s engineering department stated that the deceleration lane will be on the adjacent property. He clarified that the main access into the project does have a deceleration lane and the south road will also have a deceleration lane. Ms. Hasfurther explained that in a memo from Rick Snyder regarding the Foremaster Green Traffic Impact Study, Item 3 of the required improvements states that they will dedicate enough right-of-way to accommodate right turn deceleration lanes at both project accesses. Council Member Bunker asked if the applicant had a 3D picture that would show what the buildings would look like from the angle of Riverside Drive toward Foremaster Drive. Mr. Fry showed a computer animation of someone driving south on Riverside Drive and entering the project on the left at the northern access. Council Member Orton asked how wide the streets were in the project. Mr. Fry stated that they are 25 feet with 5 foot sidewalks. Mayor McArthur asked about the colors of the buildings. Mr. Fry stated that the colors on the screen are more yellow than they actually will be on the buildings. Council Member Whatcott stated that the type of presentation that is being shown is the type that the Council wants to see in order to get a good idea of how projects will look from the surrounding area. Council Member Bunker asked if there are recreational areas in the project. Mr. Fry stated that the center area is the major recreational area that meets the ordinance. He said that there is also another area that they may put more grass on or desert scape based on the type of soil. Council Member Bunker asked if the south road will access Johnson Farm. Mr. Fry stated that it would. Mayor McArthur opened the public hearing. There being no public comment, he closed the public hearing. MOTION: A motion was made by Council Member Gardner to approve the preliminary plat and the conditional use permit for height variance. SECOND: The motion was seconded by Council Member Orton. Council Member Whatcott asked to see a low fly over on the north end on Riverside Drive to see what the elevation would be. Mr. Fry stated that it would take a few minutes to load up the actual model in order to show the view. PROCLAMATION: Mayor McArthur said that he wanted to read a Proclamation designating August 26, 2006 as Americans with Disabilities Day. He stated that he should have done this at the start of the meeting and apologized to those in the audience that he had overlooked it. Mayor McArthur presented the proclamation to a representative in the audience who thanked the Mayor. CONTINUATION OF PUBLIC HEARING/PRELIMINARY PLAT: Mr. Fry said that the computer generation on the screen shows the building on the east side of the cul-de-sac. Council Member Whatcott said that the view gives the impression that the street is at ground level rather than 6 feet higher. Mr. Fry stated that it was difficult to portray the view as accurately as it would be in real life since there is 25 feet of slope. Council Member Whatcott asked if the hillside on the north side of the end building would be cut down. Mr. Fry said that it would have to be cut down. Council Member Whatcott asked if the road would go through to the intersection. St. George City Council Minutes July 20, 2006 Page Nine Mr. Fry stated that the road would be stubbed to connect with the Riverside Drive and Foremaster Drive intersection. 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 R-1-10 to PD Administrative & Professional Office on 3.62 acres located on the southwest corner of 1400 West and Snow Canyon Parkway. Snow Canyon Holdings, LLC, applicant. Bob Nicholson, Director of Community Development explained that the property is presently zoned R-1-10 and that the request is for a PD with administrative and professional office uses. He said that on the City General Plan the area has been designated for some time as a neighborhood commercial center. Mr. Nicholson said that approximately one year ago the applicant requested commercial uses for retail and fast food and at that time the Council turned the request down because of the type of uses. Mr. Nicholson stated that now the applicant is requesting professional office use only. He said the site plan shows three single story buildings with varied rooflines, tile roof, with stucco and stone materials. The three buildings combined would be approximately 35,000 sq. ft. He stated that under the PD zone the ordinance requires the front 25 ft. along a public street to be landscaped. Mr. Nicholson explained that applicant?s site plan shows an average width of 25 ft. of landscaping, with some areas less than 25 ft. but other areas greater than 25 ft. as allowed by the code. He said that the traffic engineer has recommended a right-in only be allowed off Snow Canyon Parkway and a turning lane on Snow Canyon Parkway onto 1400 West. He said that on 1400 West there are two driveways with in and out possibilities. He stated that the proposal calls for monument type signs which would be located at 1400 West and Snow Canyon Parkway. The project proposes hooded lights to provide minimal lighting to protect the night sky and the applicants have recently submitted a photometric plan for review. Mr. Nicholson said that the Planning Commission recommended approval subject to the traffic engineer?s recommendation. Mr. Greg Griffin stated that he was representing the applicant. He stated that they have tried to create a project more appropriate to the neighborhood based on information from their last request. He stated that the project is 20% to 21% over code on parking to allow for medical uses. He said that they moved the buildings back off the corner to allow for better visibility. They have lowered the roof line down several feet below code and tried to accomplish architectural detail that is uniform around all of the buildings. He stated that the site has between 3 or 4 steps down to give it a little more natural look with the lay of the land and the combination of materials is similar to the surrounding houses. Council Member Bunker asked to clarify if the reason the buildings were moved away from the street was for safety. Mr. Griffin explained that the buildings were moved off the corner. He stated that one of the comments that came up last time from their engineer was that because there?s not quite a 90 degree angle and if there was a little more visibility around the corner this might help safety at the intersection. He said that by having the buildings clustered closer toward the center of the property it gives more open space to the project and allows better visibility when turning right onto 1400 West from Snow Canyon Parkway westbound. Mayor McArthur opened the public hearing. Mr. Tom Lukow stated that he is a resident of Paradise Canyon. He stated that he had petitions with 515 signatures in opposition to changing the zoning from single-family residential to this particular project. Mr. Lukow presented the petitions and signatures to the Deputy City Recorder. He stated that single-family residences fit the area. He said that Red Cliffs Parkway meets and blends into Snow Canyon Parkway, passes down to Halfway Wash which is very close to where the proposed project will be located. He said that the area is delightful and makes the residents feel comfortable and that they do not like the concept of changing it to anything but single family homes. He stated that living next to the park is unique and that it was represented that the park will be expanded and extended sometime in the future. He stated that the proposed parking lot would be right across from play areas in the park. He stated that he thinks this is the wrong place to put this project and that it will be dangerous to his grandchildren and to other children visiting the area. Mr. Lukow said that the increased traffic flow by this project will inhibit the 40 MPH traffic that flows down through that area. He said that the residents believe this will create a bottle-neck and a problem for those who are living there. He said that neighborhood sentiment is strongly against the project. Mr. Lukow pointed out on the map the various areas that are already commercial and he explained that many of the commercial venues are within walking distance of the neighborhood. He said that residents at the Planning Commission meeting on June 13, 2006 were told the project being proposed patterns similar things in Las Vegas, Nevada. He said that he lives where he lives because he likes the residential atmosphere and doesn?t want another Las Vegas next to him. Mr. Lukow said that there appears to be ample commercial property to rent and purchase and lease on Dixie Downs Road, Sunset Boulevard and Bluff Street. He said that he wanted to pay Council Member Whatcott a compliment by reading from the minutes of October 21, 2004 which stated that Council St. George City Council Minutes July 20, 2006 Page Ten Member Whatcott said that he would like to see some projects with R-1-8 and R-1-10. He said that the developer says that they can?t put that type of development there but the property over the fence is already R-1-7, R-1-8 and R-1-6. Mr. Lukow concluded by saying that he appreciated their attention and that twenty-one months had gone by since Council Member Whatcott asked to see plans for the property. Ms. Barbara Foust stated that she lives at 1420 West, 1370 North. She presented Mayor McArthur with a copy of letter which she then read out loud. She said the letter was written in protest of the requested re-zoning of the property at 1400 West and Snow Canyon Parkway from single family residential to PD-AP. Mr. Curt Gordon stated that he lives on that side of town and he welcomes a nice looking project like the one proposed so that he and his family can get to services they need without having to travel through the congestion at Sunset and Bluff. He said that he would encourage the Council to support the project. Mr. Glen Penrose stated that he is a resident of Paradise Canyon. He said that he doesn?t believe that they need another commercial property. He said that it was originally zoned residential and that it should stay that way. Mr. Penrose said that it?s a beautiful building but not in the right spot. Mayor McArthur explained that in the overall General Plan the corner was intended to be commercial. He said that the General Plan was adopted sometime ago and that they try to update the plan every year or two. Mayor McArthur said that when property comes into the City now it comes in zoned as Mining and Grazing which is a holding zone until a plan is adopted in the General Plan. He said that when this particular area came into the City it came in as R-1-10 which was the holding zone at that time. He said that he understood why people would get a false impression of how the property was going to be used in the future unless they looked at the General Plan to see what had been approved and adopted. Mayor McArthur explained that when this property was annexed into the City it was zoned as R-1-10 but the General Plan shows that it is to be a commercially zoned corner. He said that the City is going through this process in many areas throughout the City in order to have the zoning changed to what the City intended it to be. He said that they are trying to correct deficiencies throughout the community that had been overlooked in the past. He said that the Little Valley area was an example of that process. He said that people need to look at the General Plan to see the intended zone for an area. Mayor McArthur closed the public hearing. Council Member Gardner stated that what would happen along that drive has been a hotly debated issue. He said that it was turned down last time because it was a commercial nature. He said that he thought that the new proposal showed good faith on the part of the applicant to be responsive to the neighbors? requests regarding the height and types of use. He said the corner is not ideal as a R-1-10 area. He said that there are only so many uses to apply to the property. He said that the property owners have the right to develop their property. Council Member Gardner said that he looks at the proposed use as better than what had been proposed in the past. He said that PD-AP doesn?t have near the traffic problems as a commercial area. He stated that he thinks it compliments that neighborhood and is very much in favor of it. Council Member Whatcott stated that the original plan brought to the City proposed commercial use with two-story buildings, a gas station, and a bank. He explained that those were not the types of uses the City wanted for that corner. He said that the property was sold to the current applicant who came in with a plan that was all retail which still wasn?t what the City wanted because of the high vehicle turnover which would add to the congestion problem mentioned by some of the residents. Council Member Whatcott said that he agreed with Council Member Gardner that AP Professional is a good neighbor. He said that they are quiet at night and they are not there on the week-ends. He said the traffic turnover is quite small. He said that he hasn?t seen anyone come in with a proposal for residential use. He stated that this is probably because the property was bought at a commercial price and would have to have a commercial venture there for economic reasons. Council Member Bunker said that she agrees that the project is beautiful but said that the R-1-10 is a good use of the property because it?s across the street from a City park. She said that she would like to see it retained as R-1-10 even though the General Plan has it otherwise. She said that there is plenty of commercial in that area already. She stated that the City has approved a lot of businesses on Sunset Boulevard, the top of Bluff and on Snow Canyon Parkway. She said that she thinks it is a mistake to have more of a commercial aspect on any more property on Snow Canyon. Council Member Orton said that it?s going to be difficult to satisfy everyone. He said that the Council has reacted to the citizens very well in that they started with something that could have been very detrimental to the neighborhood and have come a long way. He said that the proposed project will make the corner very professional. He said that he thinks the project will satisfy the owners of the property and that they will be a good neighbor. City Attorney Shawn Guzman stated that the General Plan shows the property as commercial. St. George City Council Minutes July 20, 2006 Page Eleven Council Member Bunker asked if that meant the City would have to keep it that way. City Attorney Guzman said that a legal analysis was done and that it would be problematic for the City to change it because of the confines of the General Plan showing just that particular piece of property as commercial rather than a general area. He said that the Mayor did a good job of explaining the holding zones that have been brought into the City. He said that if you look at some of the steeper hillsides they are zoned R-1-10 even though a house couldn?t be built on them but that was the zone when it came into the City. Council Member Bunker stated that it is misleading to a homeowner who buys property and sees adjacent property as R-1-10. City Attorney Guzman said that the homeowner would be best advised to look at the General Plan because that shows what use the City contemplates for the area. Mayor McArthur said that?s why the holding zone was changed to Mining and Grazing which is an open space zone. MOTION: A motion was made by Council Member Gardner to approve the zone change from R-1-10 to PD-AP. SECOND: The motion was seconded by Council Member Orton. VOTE: Mayor McArthur called for a vote, as follows: Council Member Gardner ? aye Council Member Bunker ? nay Council Member Orton ? aye Council Member Whatcott ? aye The motion carried. PUBLIC HEARING/PROPOSED CAPITAL FACILITY PLANS AND IMPACT FEES: Public hearing to receive public input on the proposed capital facility plans and impact fees on a City-wide basis. City Manager Gary Esplin stated that this had been a culmination of many months worth of study and effort and discussion. He said that he was going to have consultants Jason Burningham and Justin Carlton make a presentation that would give the general parameters of the study and also their recommendations. Mr. Jason Burningham stated that he wanted to go through the methodology, the basis for which they look at impact fees and what they are recommending the City consider as a new impact fee structure. He stated that impact fees are typically intended to be used to defray portions of capital infrastructure, not operation or maintenance costs. He said that the capital infrastructure is more specifically related to development. He explained that it?s the demand of development that creates new capital infrastructure that has to be created. He said that the purpose of an impact fee is a financing mechanism that allows the City to collect money and then put in capital facilities in order to serve the new development as well as to equitably distribute costs across different users within the system. He stated that impact fees could be used for culinary water, wastewater, storm water, roads and transportation, parks, electric, and public safety. Mr. Burningham stated that they are in the process of updating a Master Plan with respect to parks, open space, trails and recreation which has not been completed yet so the recommendations made in the presentation for impact fees do not include parks or recreation. He said that all impact fees are governed by a specific statute under Utah code that was put in place in 1997. He explained that the purpose of the code was to make sure that there was uniformity across communities that intended on imposing impact fees. He said that the methodology that they have used and the process that they are going through is prescribed under that particular law. Mr. Burningham said that they generally recommend that impact fees be considered at the full 100% of the maximum allowable impact fee recommended in the study. He stated that communities have the flexibility to set the impact fees at less than 100% of the recommended impact fee. He said that in the past St. George has adopted impact fees that were less than what was justified in prior studies. He explained that the concern with anything that is adopted at less than 100% of the recommended impact fee shifts a portion of the burden to current residents who have already contributed to the system. He said that the Impact Fee Ordinance allows the City to have some flexibility to deal with specific land uses that may be atypical, that don?t specifically equate to anything else that is in the community, or something that may have more demand or less demand then some of the facilities. He said that the City can look at those situations independently in order to deal with them appropriately so it would be fair and equitable to all participants. Mr. Burningham said that for the culinary water impact fee they looked at a five year capital improvement plan that identified almost $50 million of infrastructure in order to meet the needs of the community. He stated that just under $10 million of that amount is related to new growth. He said that the recommendation for the impact fee is based on an equivalent residential user and prescribed by the size of the meter that would be provided by each development. He stated that the culinary water impact fee for the City will be going down fairly significantly because of the consolidation with the Washington County Water Conservancy District. St. George City Council Minutes July 20, 2006 Page Twelve Council Member Gardner stated that the current recommendation had been dropped by $2,000 from an earlier recommendation because of that pooling agreement. Mr. Burningham explained that there are two components for the wastewater fee. One is a local component and the other is a regional component. He said that the total capital facilities plan for the local side is just under $30 million with $19 million related to growth. He stated that on the regional side the total capital facilities plan is $83 million with $43 million related to growth. He said that based on a fifteen year plan their recommendation for a ?? water service for a single-family dwelling unit would be just under $900 for the local impact fee and just under $1,000 for the regional fee. Mr. Burningham stated that the storm drain capital facilities plan identified $81 million as future capital costs with $42 million growth related. Based on the fourteen year capital facility plan the impact fee for low density residential would be just under $500 and $83 per 1,000 sq. ft. for commercial. City Manager Gary Esplin stated that the City would continue with the current practice of allowing a 50% reduction for developments that detain one-half of the storm water produced by a 10-year storm. Mr. Burningham stated that was correct and would be part of the ordinance. He stated that most communities adopt a similar type of structure. Mr. Burningham explained that the transportation plan is a fifteen year plan. He said that the capital facility plan is just under $300 million with half of that amount related to growth. Based on the capital facility plan a single family resident would pay just under $800 for the impact fee. He said that the last time the information on non-residential transportation impact fees was discussed with the council it was an area of concern. He said that they had gone back and looked at other comparables and other cities and the true impact. He said that they looked at different types of recent development in the City and that the variance between the actual fee imposed under the City?s old structure and the maximum allowable under the proposed structure is significant. He said that the transportation impact fee is the area of largest discrepancy. He said that the impact fees adopted previously were only adopted at 5% - 10% of the true cost of transportation for commercial activity. The amount recommended would be the full amount at 100%. He gave several examples of the difference between what the previous fees were and what the proposed fees would be. Council Member Gardner asked if a church that had paid $4,200 previously would in the future be expected to pay $36,000. Mr. Burningham stated that the $36,000 was based on the high end of the range determined by comparing approximately 15 cities of similar size to St. George within Utah or the western region. Mayor McArthur said that they needed to look at the figure under the proposed fees which was $14,000. City Manager Gary Esplin asked Mr. Burningham to explain other aspects of the transportation fee on an adjustment factor that is used to get to the calculation. Mr. Burningham then explained the adjustment factors that have been taken into account. Council Member Whatcott asked Mr. Burningham to explain how the factors would impact the fees for a fast food restaurant with a drive through and a convenience store. He said that the trips per unit are higher for the convenience store but the fee is less. Mr. Burningham explained that the full details are shown in the study and that a convenience store or fast food is not the ultimate location so it is not considered a full ?trip in.? He said that each category is adjusted based on those factors. He said that all of the adjustment factors are based on trip generation data prepared by the Institute of Transportation Engineers. Council Member Gardner stated that there was a difference in the cost per square foot for supermarkets since the last presentation. He asked Mr. Burningham why the supermarket category had changed but some of the others stayed the same. Mr. Burningham said that for the supermarkets they looked at the St. George community and other communities and determined the way the trip generation manuals were applying adjustment factors was probably not accurate for the community for various reasons. Justin Carlton said that the ITE manuals have a sample size for each land use. He stated that they worked with the Public Works Department and looked at each land use when the sample sizes were particularly small. He said that if some of the sample sizes were too small they took it back to the lower range rather than the average range to be more realistic to what the City was actually experiencing. Mr. Burningham stated that the transportation impact fees are probably the most difficult to determine perfect equity. He explained that the information they have to go on are St. George City Council Minutes July 20, 2006 Page Thirteen samples, traffic studies and generalization of patterns of traffic. He said that not all communities fit within a particular sample. He said that if an applicant comes in with their own traffic study and challenges the City?s data there is language in the ordinance that binds the City Council to take into account the additional information and to adjust the fee accordingly. Council Member Gardner stated that ultimately the end user is going to be paying the impact fees through higher prices. He said if the impact fees are too high it prices out anyone who wants to come in with a commercial venture and drives them to the neighboring communities. Mr. Burningham said that?s why they provided a comparable range which shows the recommended fees and that they aren?t disproportionate to other communities. He stated that the impact fees in the surrounding areas would probably be close to what the City?s would be. Mr. Burningham explained that the fourteen year power capital facilities plan identified $180 million in infrastructure with $54 million related to growth He said that the impact fee for a single family residence with 200 amp service would be $3,445. He said that the Fire/EMS and Police capital improvement plans are the longest going out to 2030. He stated that the Fire/EMS plan identified $23.8 million in future capital and $14 million related to growth. The impact fee for a single family dwelling would be $215 and $184 per 1,000 sq. ft for commercial. He said that the police plan identified $8.8 million in future capital costs with $5.1 million related to growth. The impact fee for a single family dwelling would be just over $100 and the fee for commercial use would be $94 per 1,000 sq. ft. City Manager Gary Esplin said that if you look at the difference between what the impact fees will generate and what the total cost will be to complete the projects discussed there is a significant amount that will need to be paid for through other revenue sources. He said that some of the monies may come from grants or regional programs but a lot of it will have to come from bringing deficiencies up. He said that impact fees can only be used for growth and not to fund existing problems. He stated that the City will have to be creative to come up with other dollars because the projects will not get done just with the impact fees. Council Member Orton asked City Manager Esplin if he felt the recommendations for the impact fees were conservative. City Manager Gary Esplin stated that he thought that they had done a good job in identifying the existing conditions. He said that the growth rates are defendable and that the recommendations are conservative. He stated that the impact felt on the City is because the City is a regional center. Some of the growth related issues that the City is dealing with is because of the surrounding communities. Council Member Gardner asked if they had considered sales tax generated versus not having the sales tax. He said that there is an offsetting benefit to the City with the sales tax and asked if that was accounted for anywhere. Mr. Burningham said that he did not know if sales tax was part of any of the formulas. He said that for the City the sales tax revenue has been used more for maintenance and operational issues. City Manager Gary Esplin stated that a quarter cent of the sales tax goes strictly to transportation and is earmarked for capital projects. He said that the sales tax in the General Fund has not been allocated to capital projects in transportation. The sales tax that the City is generating has to go to fund services, additional police force and additional services. He said that the City is tied too much to sales tax when it comes to the balance of revenues to keep operations going. He stated that in the past the City kept the commercial fees low in order to encourage businesses to locate in St. George to generate the sales tax. He said that it kept the rate artificially low so now there is a bigger jump than there would be if the City had set the fees higher in the past. Mr. Burningham stated that the current transportation impact fee for commercial land use was adopted at 5% of what was actually recommended in 1997. He stated that the significant change in the transportation fee is the largest increase on commercial property. Mr. Burningham explained that the final slide in the presentation showed the other cities that were used as comparisons. He said that some of the communities that were used don?t have power impact fees. He stated that some of the cities are part of a water district and don?t provide their own water or sewer. He said in terms of a single family dwelling unit the recommended impact fee would be just under $9,500. He said that the median range is between $8,700 to $8,800. Council Member Orton asked how many of the cities listed on the comparison chart were addressing their impact fees. Mr. Burningham said that almost all of them other than Layton and perhaps Logan are or have recently addressed impact fees. Council Member Orton asked Mr. Burningham if he knew what the City of Herriman was doing with its impact fees. St. George City Council Minutes July 20, 2006 Page Fourteen Mr. Burningham said that they didn?t include Herriman because it is a smaller community. He said that their impact fee is closer to $15,000. He said that their park impact fee is $3,400 for a single family dwelling. Council Member Bunker asked if Logan was low because of the factors that Mr. Burningham mentioned. Mr. Burningham stated that their sewer is on a regional basis and they don?t charge a transportation or public safety impact fee. Council Member Orton asked if they did a comparable list for businesses. Mr. Burningham said they did. He said that for a 8,500 sq. ft. commercial property the fee in St. George would be $31,607 compared to $68,254 in South Jordan; $53,809 in Draper; $14,905 in Logan; $52,656 in Riverton; and $39,701 in Layton. Council Member Gardner asked if any of the other communities listed are paying additional impact fees as the City is also with the Conservancy District. He said that the true impact includes the additional fee. Mr. Burningham said that Riverton, Draper and South Jordan have about a $4,800 impact fee from the Jordan Valley Water Conservancy District that is not included in the figures listed on the Comparable Impact Fee slide. Council Member Orton said that no other city in the state had been impacted by growth the way St. George has. He said that the City Council needs to be very sensitive to that. Mayor McArthur opened the public hearing. Mr. Ed Baca stated that he is a concerned citizen. He said that the Energy Services Capital Plan is comprehensive and well done. Mr. Baca stated that he wanted to represent the interests of homeowners and residents who have paid for current and past development. He said that the issue before the council is who should pay for the growth. He asked the council to exercise their talents and wisdom in making a decision that would be the right course of action for the City in seeking all of these funds. He asked that they consider present users and residents in the issues of raising property taxes or user fees. Council Member Gardner stated that he thinks the City needs the impact fees but he is concerned about the law of unintended consequences. He said that the City needs to be concerned about workforce housing, our children, our grandchildren, those who are in the housing market, who are anxious to have their own opportunities. He stated that St. George has been built on the heritage of pay it forward. He said the City has always built for the future and that he doesn?t think it should get to the point where the City does not feel some obligation to those who come after us. He said that he thinks the City Council has to be careful in saying that it doesn?t have any obligation to look at others who would want to live here. He said that $10,000 may be the difference in someone being able to get financing or not. Mr. Mike Gardner stated that he is the current President of the Southern Utah Homebuilders Association. He said that SUHBA has had several constructive discussions with the City Manager and department heads regarding various financing vehicles for providing public improvements. He said that they applaud the City for exercising caution concerning any attempt to finance facilities that are not currently provided through the general fund, inter-government transfers or grants. Mr. Gardner said that it is the responsibility of the Council to consider circumstances that would justify the City charging less than the consultant?s recommended highest fee justified by the study. He said that the proposed impact fee analysis before the Council states that an inflation component is included in all capital project costs to be constructed in fiscal year 2007 and beyond. He said that SUHBA?s concern is that residents purchasing permits today will pay the same cost as those purchasing permits in ten years. He said that the dollar today represents more to current residents versus the same dollar value in ten years that will be less due to inflation factors. He said that the recent impact fee analysis prepared for the Washington County Water Conservancy District states that the fee is structured to account for the time value of money as stated in the Impact Fees Act. The impact fees are to be increased annually by 5% to account for the time value of money to ensure that the burden is equitable spread from a real cost perspective. Mr. Gardner said that there have been changes in the use of infrastructure over time that has reduced the impact of public improvements per capita. He said that water and power conservation are two excellent examples of reducing the use per capita. He said that those factors would not be reflected in historical figures to estimate future use. He said that the Southern Utah Homebuilders Association recently presented an extensive local economic impact model to the community. He stated that residential growth contributes a significant economic benefit to the community. He said that the Southern Utah Homebuilders Association proposes that the current capital facilities plan and impact fees studies be adopted at a maximum 90% of the highest fee justified by the impact fee analysis presented. He said that SUHBA also requested that the impact fee increase determined by the Council be implemented in 25% increments over a year to soften impact fee increases particularly when taking into consideration the recently passed Washington County Water Conservancy District impact fee of $4,000. St. George City Council Minutes July 20, 2006 Page Fifteen Council Member Gardner asked Mr. Burningham to respond to Mr. Mike Gardner?s reference to the 5% escalator versus another approach. Mr. Burningham stated that they are aware that Washington County Water Conservancy District recently adopted an impact fee that started out quite a bit lower than what was justified and that will be increased 5% annually until it gets to an amount of $25,000 for one single family dwelling unit. He said that there are a couple of differences with respect to the Capital Facility Plan. He said that the Washington County Water Conservancy District is looking at a nearly $1 billion capital facility plan over thirty years. He said the major project is the Lake Powell pipeline which will come to fruition in the next seven or eight years. He stated that it was a policy decision by the Conservancy District to adopt a fee now that is only $4,400 even though what was justified under the same methodology typically used would be $10,000. He said that by increasing the fee by 5% annually it will reach $25,000 in approximately twenty-five years. Mr. Burningham stated that the Capital Facility Plan is not a document that is complete and put on the shelf. He said that the recommendation to the Council is that the plan needs to be addressed and updated for costs on a yearly basis. He said that each year the City should identify what impact fees have been collected, account for where they have been used and make certain they are being used toward the Capital Facility Plan. Mr. Scott Hirshi stated that he is with County Economic Development. He stated that he is concerned about the commercial/industrial aspect of the proposed fees. He said that the formula used for impervious surfaces proposes that the coverage would be 90%. He stated that in his experience that is a high percentage. He explained that the paving and surface for the footprint of a building is generally less than that. He said that he is not suggesting that the figure be lowered but that it be looked at site specific. He stated that industrial projects are usually very large acreage-wise. He said that he would like each project to be looked at individually in order to determine what the impervious coverage of the acreage is and charge accordingly based on the impact figure that is recommended. He said the impact fee should be determined on the actual coverage not on a predetermined percentage of coverage. He said that a concern he has on the power impact fee is there is a cost allocated to growth for the Millcreek gas generation plant. He said that in the past generation has always been paid for in rates. He said that it appears from the study that part of the cost of that plant is now going to be covered by impact fees. He stated that he doesn?t agree with that. He said that rates should pay for generation. Mr. Hirshi stated that he did an estimate on what he believed was a fairly typical industrial facility to see what the cost difference would be. He said that it shows an increase of about 100%. He explained that it was a hypothetical project with a 100,000 sq. ft. building on ten acres of property. He said that he estimated current fees to be around $70,000 and the proposed the fees would be $144,000 if the impact fees recommended at 100% were adopted. He stated that the implementation should be done in phases and he recommended that in the case of industrial it be 10% per quarter, which would take about two and one-half years for the increase to be absorbed through the permitting process. City Manager Gary Esplin explained that the Millcreek Plant is not intended to be used for day to day generation but only for peaking based on demands. Director of Energy Services Phil Solomon said that the impact fee recommendation shows that only 41% of the Millcreek Plant is being allocated to growth. He said that the remainder is covered by rates. He said that they are looking at a $60 million investment in a generation facility in the Bonanza area and none of that is being allocated to impact fees because of retiring contracts that the City currently has and the fact that the plant will be a base load plant that will run 24/7. He said that through a series of analysis and computations figured that approximately 41% of the plans are attributed to growth strictly due to peaking. Mr. Gilbert Jennings said that he represents the Ft. Pierce Industrial Park and commercial development. He said that he would like to reiterate what Mr. Hirshi said about the industrial setting. He said that the economic base in the City is out of balance. He said that the City should have an industrial/manufacturing base that is 15% of the economy and currently it is about 7%. He stated that he has been working with a company for about two years to get them to come to St. George and a conversation he had with them that day centered around the proposed impact fees. He said that the company has 120 days to conduct a feasibility study to decide whether they want to continue with the project. Mr. Jennings said that they are looking at a significant difference in impact fees when considering a 40 acre site. He said that trying to compute the proposed fee schedule is confusing. He asked that the fee schedule and explanation of how the fees are computed be looked at. He said that in the Fire Protection and Police areas it is very confusing on how to actually compute the exact calculation. Mr. Jennings stated that he took two different building permits he had paid for in the last short period of time and applied the new proposed fees. He said that he recently paid an impact fee of $30,986.50 on an industrial building permit for a 12,000 sq. ft. building. He said that the proposed fee would be $52,910. He said that the Main Street Building project that was completed in the last year had impact fees of $154,839. Mr. Jennings said that under the new fee proposal it would be $535,266. He said that if the project was starting today it would not exist. He stated that construction costs have gone up so high in the last two years that he is having a hard time getting the market place to pay the rents to get the project to happen. He stated that the ordinance and impact fee statute has a concept of proportionality. He stated that he thinks there is a problem and that he is sensitive to the cost of housing because of regulation. He asked if increasing the St. George City Council Minutes July 20, 2006 Page Sixteen commercial impact fee by 350% and the residential fee by 15% or 20% is fair. He said that if the Council increases the impact fees he would lose probably 15 prospective tenants. He said that he would probably have to drop three or four buildings that are designed and waiting for building permits. He stated that he wanted the growth and is not opposed to paying but asked the Council to help get through the interim period so they can pass the cost on to the consumer. Mr. Jennings said that he is troubled by the capital facilities plan for transportation. He said that it should be a detailed plan with a detailed budget with real justification for what the budget and dollar expenditures are considering the actual cost of the items and real timing. He said that the capital facilities plan budget looks like a wish list. He said that it goes way out in years and there are projects that have very little definition. He said that when he asked the staff how they arrived at the cost he was told it was pulled out of the air. He said that the budget is not definitive or precise enough. Council Member Orton asked Mr. Jennings if he would give the Council the name of the staff member. Mr. Jennings stated that he would not. He said that when he reads the budget he sees projects where everything is rounded to millions of dollars. He stated that the numbers are not based on reality and he questioned the validity of some of them. He stated that he?s not saying that something shouldn?t be done but he asked for more definitive numbers and he couldn?t get them. He said that he would like to see a process that is more public and more open and for those who are going to have to pay the cost. Mr. Jennings said that impact fees are not the only way to finance projects. He stated that it is easy compared to going through a special improvement district and having to justify a specific project. He said that he thought some of the projects could be financed in a different way and that it would have a drastic effect on the impact fees and this ordinance. Mayor McArthur closed the public hearing. Council Member Gardner explained that before when the City Council went with 75% of the recommended 100% impact fees, they looked at the power in particular and saw that the growth was 6% versus the increased demand which was much greater at 30% or 40%. He said that they concluded from that analysis that the existing residents were creating a lot of the new demand. He asked Mr. Burningham if there had been any consideration as to how much those types of fees are attributed to new growth versus existing. Mr. Burningham stated that the electric facilities plan was developed based on the different types of capital projects necessitated throughout a certain horizon. He said there were several millions of dollars of cost that needed to be defrayed through the capital facilities plan. He said that what was estimated was determined by looking at the current demand on the system versus a future projected demand on the system and looking at how many growth units would fill up that additional demand. He stated that he didn?t think that any delineation was made about if any of the additional demand was created by existing users. He said that there was some rationale before that was looked at and that was why there was a discount factor that was applied. He said that in the present circumstance they took the actual demand based on current number of residents and commercial entities in the community and then used that same level of service to forecast out for a period of 15 years. He said that they didn?t increase the demand per unit. He stated that if current residents are requiring a higher level of service, this is not reflected in the capital facilities plan. He said the capital facilities plan only takes into account how many additional facilities will be needed to maintain the same level of service per unit going forward. Council Member Orton stated that he indicated before that no city in the state of Utah has been impacted with growth the way St. George has. He said that now that the City recognizes the impact the growth will have, the City Council would not be doing its duty if it did not put the impact fee in place for the future growth. He stated that the Council has always worked well with Economic Development if there was a non-competing company that wants to come into the community that is going to generate jobs. He said that the Council can make some concessions in those types of situations. Council Member Bunker asked if the incremental scale suggested could be considered. Council Member Orton said that this would be delaying the inevitable. He said that if 10% per quarter were adopted, the current citizens will be paying the remaining 90% for the next quarter. Council Member Whatcott asked Mr. Burningham to clarify the difference between the Washington County Water Conservancy District factoring and what is being proposed for the City. Mr. Burningham stated that it was a methodology consideration and a policy decision. He said that what was originally presented to the Conservancy District was the same type of methodology used for the City. He explained that they take a capital facilities plan and look at different projects that have to be constructed to meet projected growth and demand over a period of years. He said that some of the projects may not be completed until the end of the time frame. He stated that in order to effectively finance the improvements without getting behind in the ability to pay for them, impact fees have to St. George City Council Minutes July 20, 2006 Page Seventeen be collected in order to defray the costs. He said that the Washington County Water Conservancy District looked at the original impact fee recommendation of $10,000 and decided to approach it differently. They wanted to look at some other methodology that would over the long term get the same cash flow to cover the project but put a little burden up in front and a larger burden on the back. Mr. Burningham stated that the reason they felt that methodology was appropriate for the Washington County Water Conservancy District was due to the fact that they had some capital facilities that were drawn out over 30 to 40 years. He said that given that time frame it seemed justified for them to increase the impact fee 5% each year in order to address the cash flow. He said that for the most part the City?s capital facilities plans are over a period of five, seven, or ten years. He said t...


St. George Regional Water Reclamation Facility Pretreatment Program:
...stewater from homes, commercial buildings, and industrial/ commercial facilities and/or locations. This wastewater leaves these locations through...


Park Planning:
...mplementation of new parks, regional trails, other open-space recreational facilities, and major upgrades to existing parks and trails. Park Planning ...


Planning Commission Minutes 09/22/2009:
...location. They are currently proposing a location in an M-1 zone. Wireless facilities require a CUP in all M-1 zones for any tower greater than 35 feet that does not exceed a maximum of 100 feet. He went on to say that the facilities are unmanned and only occasionally visited by maintenance personnel. Therefore, they do not require public facilities or services greater than presently available. Given the limited visits to the facilities, approximately 1 per month, there is no distinguishable impact on infrastructure. All facilities have and maintain all applicable FAA 7460-1 Obstruction Approvals. A letter was presented from Ft. Pierce Industrial Park Owners Association and portions were read by Ray Snyder. Their board requested that only one tower be allowed in the park at this time and they said their preferred location would be on the western boundary of the park which is the site proposed by Insite Towers. Ray said we will talk about this in item 3C on the Agenda. Ray also mentioned that this letter is in the file and is public information.Ray Snyder stated that someone has the right to submit a conditional use permit and also has the right to submit a wireless master plan. We need to go by our ordinances and sections to view each on a case by case business. We would like to have minimum cell towers in a community. It is an aesthetic issue. However, historically in the industrial park we have found that they are more agreeable down there. Staff proceeds to take in each wireless master plan and it is up to the Planning Commission to look at each on its own merits. Ray Snyder told the commissioners that there is another letter before them rescinding the previous letter from Alltel, a possible future customer of either of the towers. They are saying that they would basically like to remain neutral and have the option to go on either tower if either one is approved. The applicant, Jerome Gourley, came forward to represent Atlas Tower in this application. He said they had looked seriously at several site and considered several locations in the Ft. Pierce Industrial Park before selecting the property and business owned by Mr. Thomas Shakespeare, called Tom’s Mechanical, which is located at 4241 S River Road. It is a 3 acre parcel. They have met the 10 ft. setback required for the monopole. They selected the south end of Ft. Pierce because of the new airport and River Road extension; they believe a growth of expansion will take place in the south end. Mr. Gourley went on to say that this is not in an area to break any ridge lines, it is on private property and will provide a 360 degree signal for Alltel and other providers. It makes sense to be on the east side of River Rd. The existing poles in the area are 66 ft. high. Commissioner Taylor asked how far off River Road this would be. Mr. Gourley responded that they are 137 ft. behind the Tom’s Mechanical Building. It is 324 ft. from the center line of /River Road.Ray said another property owner in Ft. Pierce had called and was concerned as to what would happen if the cell tower fell over. Ray told him that the building dept. would be in charge of that.Commissioner Burks asked if Mr. Jennings had been sent notice of this request. Ray Snyder said notices had been sent. He said staff cannot say that an application can not be turned in. It would be a civil matter between the CCR’s and the applicant.Jerome said the property owner is present and he would be willing to discuss the CCR’s. Commissioner Burks said his problem is that the Ft. Pierce Industrial Park Owners Association is against the one applicant coming in but would approve the other applicant.Tom Shakespeare came to the podium and said he and his wife were approached for this request. He has a hard time with the owner saying there will only be one tower and it would be his choice. Tom feels that competition is good and is a necessity.Commissioner Taylor asked Tom Shakespeare if he had a conversation with the board. Mr. Shakespeare replied that he is scheduled for October to be on their agenda. Acting Chairman Bracken said he agrees with Mr. Shakespeare that competition is good. Tom Shakespeare said the tower would blend in with the other poles on River Road. Assistant City Attorney Joseph Farnsworth said the PC should consider if this is a reasonable request and in the best interest of the City.Commissioner Taylor asked if two towers would be in competition radio frequency wise and the response from Mr. Gourley was no, there would not be interference.MOTION: Commissioner Burks made a motion to recommend approval of item #2 with staff comments. Commissioner Nobis seconded the motion. All voted aye, motion passes. 3. CONDITIONAL USE PERMITSA. Consider a request for a conditional use permit to construct a 100 foot monopole telecommunications tower with an associated equipment shelter. The applicant is ATLAS Tower LC. Mr. Jerome Gourley is the representative. The location is 4241 South River Road, in the Ft Pierce Industrial Park (M-1 Zone) Case No. 2009-CUP-015.Ray Snyder presented a slide show. A monopole is permitted in an industrial zone up to 35 ft. maximum as a permitted use. (Section 10-22-4). However, a 100 ft. monopole is not described as a permitted use and thus requires a CUP.Jerome’s letter stated that this site is located in the rear of a developed parcel and will be partially screened by an existing 25 ft. building, located directly west of the proposed lease area. In addition, the monopole will be painted tan to blend with the surrounding landscape. The visual impact of the tower and associated equipment cabinets from and public ROW or neighboring property will be minimized. MOTION: Commissioner Taylor made a motion to approve the CUP due to the finding stated: mitigate dust, odor, noise, and that the height is within the range allowed by the City. Commissioner Campbell seconded the motion. All voted aye, motion passes. B. Consider a request for a conditional use permit to construct a 100 foot monopole telecommunications tower with an associated equipment shelter. The applicant is InSite Towers, LLC. Ms. Debbie DePompei is the representative. The location is on the east portion of the Ledges Planned Development on north U-18, in a Planned Development Residential Zone. Case No. 2009-CUP-016.Ray Snyder presented this request and stated this WMP had previously been approved. The property is located south of Winchester Hills (County) and located adjacent to the existing St George City Substation. This site would be upon a leased 7,333 square foot area. It is zoned LDR (Low Density Residential 4 du/ac). A monopole in a residential zone is not listed as a permitted use and thus requires a CUP. Slides were shown by Ray Snyder. This is a new site and collocation is proposed. Insite is a tower provider only-collating clients would be cell phone companies. The applicant proposes fencing around tower and shelters. The setbacks must be met. Ray said that this 100 foot monopole may be visible from residential properties; however the proposed proximity to the existing electrical substation should make it less intrusive to the community. Ray stated that for findings, uses shall be consistent with the character and purpose of the zone within which they are located. A monopole is consistent with an electrical substation. Ray said that the representatives are present and they were invited to come forward. Debbie DePompei came forward. Her clients prefer to be next to the sub-station and felt it would be the least impacted to the community. They are a tower developer and this tower will be able to accommodate 5 major carriers. Commissioner Nobis asked the color of the pole and Debbie said it could be painted to match the background.MOTION: Commissioner Campbell moved to approve item 3B with any comments by staff A-K and note that the tower needs to be painted to match the hillside and galvanized would be unacceptable. Commissioner Hullinger seconded the motion. All voted aye, motion passes. C. Consider a request for a conditional use permit to construct a 100 foot lattice tower for telecommunications with an associated equipment shelter. The applicant is InSite Towers, LLC. Ms Debbie DePompei is the representative. The location is on lot 73 in the Ft. Pierce Industrial Park and located west of Commerce Drive & Venture Drive in an M-1 Manufacturing Zone. Case No. 2009-CUP-017.Ray Snyder presented this request for Lot 73 in Ft. Pierce Industrial Park. Slides were shown by Ray. A lattice tower is permitted in an industrial zone up to 35 ft. maximum as a permitted use. However, a 100 ft. lattice tower is not described in section 10-22-4 as a permitted use and thus requires a CUP. A lattice tower is permitted in the M-1 industrial zone. The lattice tower may not exceed 100 ft. maximum. This is a new site and collocation is proposed. Insite is a tower provider only-collating clients will be cell phone companies. The applicant proposes fencing around the tower and shelter. Setbacks must be met.Ray commented that a lattice tower is a self supporting multiple sided, open steel frame structure used to support telecommunication equipment. A 100 foot lattice tower is the maximum height permitted by a CUP. A 100 foot lattice tower in the industrial area is not anticipated to be visible from residential properties and would be less intrusive to the community. The tower and shelter(s) must have security fencing. A six foot (6’) vinyl coated chain link fence is proposed. The Planning Commission is required to make CUP findings. The applicant Debbie DePompei is present and came to the podium. She said she works with Ft. Pierce Leasing and chose this location as it was a high elevation and is at the end of the park, which would not be intrusive to the owners. She said it needs to go through the Owners Association to be approved. She said Alltel never built their site as they never got Owner Association approval. Commissioner Burks asked why they wanted a lattice tower. Debbie DePompei stated that they wanted to make sure there was a design to accommodate all of the carriers from the beginning. Commissioner Campbell mentioned that he thought the City’s goal was to have one pole in an area and today they are faced with two poles in the same area. He wonders why all cannot be done on one pole.Ray Snyder said they are different developers that want a pole and he said they would want to encourage that more in an industrial park, rather than Webb Hill, due to the aesthetics. He said free enterprise and the ability to have competition in that area would be the consideration before them.Commissioner Taylor said even though it is a lattice pole, there is no shielding of it. He stated that he does have concerns about this lattice tower and how it prominently protrudes into the skyline. Debbie DePompei said they would have no objections to change it to a monopole design if that was requested. She thought it was at the least intrusive position.Commissioner Nobis said their concern was that since it is on a hill, it is more visible. Commissioner Taylor asked if the SITLA area would be developed.Bob Nicholson said it is their impression that it will be zoned Open Space. He said if the commissioners are concerned with the lattice pole, it could be a monopole. He said there is an opportunity for a lot of cell phone users in that area and competition is more desirable than a monopoly.Commissioner Nobis questioned where the Alltel tower is and he was told that there is a letter in the file that it is now rescinded. MOTION: Commissioner Campbell made a motion to approve item 3C with the condition that the lattice pole is changed to a monopole and add the staff comments. As far as being in alliance with finding A-K it will be acceptable, because of the monopole and it not be galvanized color but be in harmony with the hills to the west. Commissioner Burks seconded the motion. All voted aye, motion passes. 4. SHARED PARKING REQUEST Consider approval of a ‘Shared Parking Agreement’ for the property located at 1035 E. 100 South in a C-3 zone where the tenant’s peak hours will vary. Pat Chappell, applicant. Case No. 2009-PRKG-003. Bob Nicholson presented this request and slides were shown. The building has 3,904 sq ft of office/retail area and 2,090 sq ft of storage/warehouse area. The 3,904 sq ft of office/retail area requires 16 parking spaces at 1 space per 250 sq ft of floor area, and the storage area requires 2 parking spaces at 1 space per 1,000 sq ft of strictly storage area. The building owner (applicant) proposes to have a fitness business locate in the present storage area to the rear of the building in the 2,090 sq ft area. The ‘Cross Fit Dixie’ business is intended to provide athletic training to Dixie State College students/athletes and the hours of operation will be 5:30 – 7:30 a.m. and 6:30 – 7:30 p.m. The applicant states the Cross Fit Dixie business will not be open during ‘normal’ business hours of 8 a.m. to 6 p.m. The other existing and potential tenants will operate between 8 a.m. and 6 p.m. Monday thru Saturday. The property owner and two existing tenants have signed an agreement regarding these hours and the one page agreement is attached along with a letter from the applicant. Staff supports the request for the shared parking approval based on the variation in hours of operation and the written agreement signed by the owner and tenants.Commissioner Campbell asked why two parking stalls were need for the Cross Fit Training since it is not a warehouse.Bob said 10 spaces would be required as a minimum for fitness center. He said they are allocated 15 spaces to use in the morning. Commissioner Campbell thought for the record it should be stated that they are 8 spaces short, however due to the peak hours varying, it would allow for the code.Pat Chappell came to the podium representing the applicant. The students will run up from the college to the location. The times they will be in the site are off peak. She does not see a problem with the parking. They are applying so the applicant can get a permanent license. He has a conditional license at the moment.Bob Nicholson said all of the people involved today have signed the agreement. Assistant City Attorney Joseph Farnsworth stated that this agreement must be recorded.MOTION: Commissioner Hullinger made a motion to approve item 4 and have it recorded. Commissioner Nobis seconded it; all voted aye, motion passes.5. SUBDIVISION REGULATION AMENDMENT – PUBLIC HEARING (5:00 P.M.)Consider a request to amend the City St. George Code, Title 11 Subdivision Regulations; Chapter 5, Section 3:A to add a requirement for a secondary water system for new subdivisions. Case No. 2009-SRA-001.Bob Nicholson presented this request. The proposed amendment would require the installation of underground piping in new subdivisions for irrigation purposes unless irrigation water will not be available to the subdivision within 5 years, or where a secondary water system is not feasible for other reasons. The Water & Wastewater Dept would make the determination of whether a secondary system is feasible or not. A secondary water system for irrigation purposes is important to the long term growth of the city and the need to conserve valuable culinary water resources. Typically during the hot summer months the city’s water consumption quadruples compared to the winter months of November thru March and this dramatic increase is due to the outside irrigation with culinary water. The city cannot sustain this amount of culinary water consumption for outside irrigation purposes. The city is developing secondary water sources such as wastewater reuse and Virgin River water to be used for irrigation purposes. Having developers install the secondary water piping will enable the city to develop an effective irrigation system. Barry Barnum came to the podium. He said as we grow, we can use less and less culinary water on the grasses. He stated that many communities around St. George already have this ordinance. Commissioner Campbell asked what materials the secondary water would use. Barry said there are a variety of materials that could be used; PVC, etc. Barry said the Director of the Water Dept. would make that decision which could be appealed by the City Council.Commissioner Taylor asked if anything is in the ordinance to restrict the person from using culinary water. Barry said they will use the economic incentive. He said there will be appropriate pressure for irrigation and it will be properly filtered. Commissioner Burks asked about the piping put in and if it is unused for three years, would the piping be damaged. Barry said as long as it was installed properly it should not have any damage even if it was not used for an extended time.The cost per lot per development was asked by Commissioner Burks. Barry said it would be the same approximate cost as the culinary installation. He said it is almost as much to develop an irrigation system as it is to develop a culinary system.Commissioner Campbell clarified that the secondary meter would not have a cost. An impact fee would be charged. Commissioner Nobis has a concern of the guidelines that it could make or break a developer. He asked if the Washington County Water Conservancy District would give the developer a break. Barry said the WCWCD is looking into this and have agreed in principle to reduce their impact fees but the details have not been worked out. Commissioner Nobis wanted to clarify that this does apply to residential and commercial and Barry responded that was correct. The floor was opened to the public.No one came forward, so the public hearing was closed.Commissioner Burks asked Mr. Barnum if this was presented to the Home Builders Association and the response was that they had presented it, but no response had been received.MOTION: Commissioner Campbell made a motion to approve item 5. Commissioner Hullinger seconded the motion. All voted aye, motion passes. 6. DESIGN REVIEWConsider review and approval of the design and conceptual site plan for a temporary indoor ice skating rink to be constructed on the southeast corner of 200 West and Tabernacle Street in the C-4 Commercial Zone. Dixie Igloo, applicant, David Stanley, representative. Case No. 2009-BDCSP-003.Bob Nicholson presented this review for approval to construct a large tent-like structure to house an indoor skating rink for approximately five months during the winter (Nov thru March). The structure would have a floor area of about 23,000 sq ft therefore requiring site plan & building design review by the Planning Commission and City Council.Slides were shown as well as showing the existing landscaping along 200 West. The applicants have pursued various possible buildings and sites for an indoor ice rink which will be open to the public as a commercial venture. The applicants are now requesting approval for a 5 month period to erect a large vinyl tent to house the skating rink facility and also 3 small modular buildings for an office, restrooms, and equipment shelter. The rink would be located on the SE corner of 200 West Tabernacle Street on the site where the old School District office building was formerly located. The property is now owned by the city, and the applicant will need to secure a lease from the city. Some discussions on a lease arrangement have been held. Because the structure is temporary, the same scrutiny applied to a permanent building is not needed, but the structure should also be aesthetically pleasing and not create an ‘eyesore’ even though it is temporary.The Zoning code requires ‘Building Design & Conceptual Site Plan’ review for all buildings with a ground floor area of 20,000 sq ft or more.(Section 10-10-5:I) The temporary tent will have a floor area of about 23,000 sq ft. Staff feels that the skating rink downtown will bring additional vitality to the downtown and will provide a beneficial new recreational facility to the city. The proposed vinyl tent and modular buildings for office and restrooms can be done so that the facility will not detract from the downtown but rather be a positive addition. Any approval should only be for the 5 months beginning this November, and any consideration of future years should wait to see how the initial 5-month period turns out.Bob said this could help bring vitality back to the downtown especially during the winter months.The applicants, David Stanley and Jim Mitchell, are present and came to the podium. Mr. Stanley said they are proposing a tent 195 long by 80 wide. Being in a tent they would be limited by the weather. It would be too hard to keep ice in March. Commissioner Taylor asked about the base of the tent. Mr. Stanley explained the grading process and the sand placement. He also mentioned that this site will be restored to it’s previous grade once the tent is taken town.Commissioner Nobis asked where the water would go. Mr. Mitchell said a lot of the water will be removed in a dump truck and hauled away. Mr. Stanley said each time they resurface, 100 gallons of water will be piped into the storm drain. During peak usage this would be every two hours from 5 pm to 10 pm. Commissioner Taylor asked about the noise level for the neighbors to the south. The storage container box was shown that will house the equipment. Mr. Stanley said most of the noise would be generated near the new courthouse. Commissioner Campbell asked about the air compressors being used in an enclosed container. Mr. Mitchell said the sound similar to a diesel engine would be in the storage unit.Commissioner Campbell asked about a public address system and buzzers. He was told they would both of these. He mentioned the IBC (International Building Code) for temporary building structures. He was told they have been working with Mesa Consulting and are aware of the requirements.Commissioner Campbell asked about the color of the tent and Mr. Stanley said there was no economic option. His point is that it is not a big box and a big white elephant. Commissioner Campbell said that he understands this is a temporary basis. He questioned how the loud buzzers and loud music could be mitigated for the neighbors.Mr. Stanley said the landscaping could provide some deadening and they would be open to follow decimal levels the PC and City Council would put into place. He said that the hours of operation would be until 11:00 p.m. during the week and midnight during the weekends.Commissioner Burks asked about the sides of the tent. The exterior grade will be 12 ft. high on one side and 14 ft. high on the other side. The ridge would be somewhere between 36-39 feet.Commissioner Hullinger mentioned the decibel level and asked if that would apply in this situation. Mr. Mitchell said the City policy is that the city will send someone out to be sure it does not go above a certain level. Assistant City Attorney Joseph Farnsworth stated that tonight the Planning Commission is looking at how this request aesthetically fits in with the area.Commissioner Nobis asked if there were plenty of parking stalls. Mr. Stanley pointed out the parking diagram on the wall and said the remaining parking far exceeds what is in the code.Commissioner Nobis asked if it would interfere with other city events downtown.Bob Nicholson pointed out that this will be taken down prior to the Arts Festival. MOTION: Commissioner Taylor made a recommendation to approve item 6, the indoor skating rink. Commissioner Nobis seconded the motion. Commissioner Burks asked that it be taken down within five months, period. All voted aye, motion passes. 7. DISCUSSION ITEMS A. Bridle Gate Estates; to consider a request regarding the future use of the equestrian facilities. Ken Miller, applicant.Bob Nicholson presented this request. The developers of Bridle Gate Estates located on the SE corner of 2450 South and 3000 East in Little Valley are seeking ways to make the equestrian facilities which were developed in conjunction with the subdivision more financially self-supporting. Phase 1 of Bridle Gate Estates with 40 lots was recorded in February 2006 and as of early August 2009 only 10 lots had been sold. Of the ten lots only 3 lot owners utilize the equestrian facility. The letter from Ken Miller explains the financial difficulty of maintaining the equestrian facilities in view of poor lot sales and minimal usage by the present subdivision lot owners. The possibility of opening up the equestrian facilities to non-owners of the subdivision is one way to make the equestrian facilities more viable for the long term. The property is currently zoned RE-12.5. This issue is on the agenda to explore possible ways to maintain the equestrian facilities on a long-term basis. Bob said this area encompasses 54 acres. A letter was received from Miller Consulting regarding amending the current use and designation of the existing equestrian facilities at Bridle Gate. The floor was opened up to Ken Miller. Mr. Miller said that at the time this was put together they felt it was a good idea. He still feels that it is a good idea, however times have changed.Out of 40 lots, only 10 lots were sold. The property went into default and has been in limbo since then until FDIC went through a management company. He has worked diligently with then to come up with some solution. They would like to work with Ken to develop the subsequent phasing. There has been some interest from 3 builders to continue the sub-division; however they have disinterest in the equestrian facilities. It has little use now from the lot owners; only two of them hav...


City Council Minutes 03/25/2014:
...ervice Area; Demand Analysis; Level of Service (measured based on existing facilities; Existing Inventory and Excess Capacity; Calculation of Storage Buy-In; Calculation of Transmission Buy-In (Airport Waterline); Capital Facilities Analysis; Financial Resources and Revenues to Finance System; Culinary Water Impact Fee; Culinary Water Impact Fee Cash Flow. He had the Councilmembers turn to page 11 & 12 of the Culinary Water section in the Impact Fee binder referring to Table 5.1: Illustration of Capital Improvements. He continued with the powerpoint presentation covering the following topics: SANITARY SEWER: Service Area; Demand Analysis; Level of Service; Existing Inventory and Excess Capacity; Capital Facilities Analysis; Resources to Finance System Improvements; Capital Facilities NOT Included in Analysis; Sanitary Sewer Impact Fee; Sanitary Sewer Impact Fee Cash Flow. He had the Councilmembers turn to page 13 of the Sanitary Sewer Impact section in the Impact Fee binder referring to Table 5.1: Illustration of Capital Improvements Related to Growth. He continued with the powerpoint presentation covering the following topics: STORM DRAIN (IFA ONLY): Service Area; Demand Analysis; Level of Service; Existing Inventory and Excess Capacity; Capital Facilities Analysis; Resources to Finance System Improvements; Storm Drain Impact Fee per SF; Storm Drain Impact Fee by Land Use Type; and Storm Drain Impact Fee Cash Flow. He had the Councilmembers turn to page 10 of the Storm Drain section in the Impact Fee binder referring to Table 5.2: Summary of Percent Associated with New Development. Mayor Pike called for a short recess. Mr. Burningham continued with the powerpoint presentation which covered the following topics: TRANSPORTATION: Service Area; Demand Analysis; Level of Service; Existing Inventory and Excess Capacity; Capital Facilities Analysis; Resources to Finance System Improvements; Financing Revenues and Resources to Finance System Improvements; Transportation Impact Fee Cost per Trip; Transportation Impact Fees by Land Use Type (Residential); Transportation Impact Fees by Land Use Type (Other); Transportation Impact Fee Cash Flow. He had the Councilmembers turn to pages 18 - 21 of the Transportation section in the Impact Fee binder referring to Table A-1: Illustration of Capital Facilities and Estimated Cost and Table A-2: Illustration of Capital Facilities by Funding Source. He continued with the powerpoint presentation which covered the following topics: FIRE: Service Area; Demand Analysis; Existing Inventory and Excess Capacity; Level of Service; Capital Facilities Analysis; Financing Revenues and Resources to Finance System Improvements; Cost per Call Calculation; Fire Impact Fee; Fire Impact Fee Cash Flow. POLICE: Service Area; Demand Analysis; Level of Service; Existing Inventory and Excess Capacity; Capital Facilities Analysis; Financial Revenues and resources to Finance System Improvements; Police Impact Fee; Police Impact Fee Cash Flow. PARKS, RECREATION & OPEN SPACE: Service Area; Demand Analysis; and Existing Inventory; Level of Service; Excess Capacity; Capital Facilities Analysis; Resources to Finance System Improvements; Park Impact Fee. POWER: Service Area; Demand Analysis; Level of Service; Existing Inventory and Excess Capacity; Capital Facilities Analysis; Resources to Finance System Improvements; Energy Impac...


Sandtown Park:
.... Large shade trees line the perimeter of 6.5 acres of open grass area and facilities include a children's playground with swings and picnic tables wi...


Blake Memorial Park:
...d, swings, and small shaded areas for a picnic with barbecues and restroom facilities.


Larkspur Park:
...etention basin for storm water runoff. The park amenities include restroom facilities, two sand volleyball courts, a children's playground, and two li...


Dixie Downs Park:
...n 2007 with the addition of a new covered pavilion with barbecue, restroom facilities, looped walking trail, lighting and landscaping. These improveme...


Slick Rock Park:
... climbers. This naturalistic park has two rock climbing boulders, restroom facilities, a trellis covered pavilion with picnic tables and a barbecue, a...


Shadow Mountain Park:
...en from the street. The hidden features include covered pavilion, restroom facilities, children's playground with swings, sand volleyball court, light...


Arts Facilities:


Recreation Facilities:


City Council Minutes 05/16/2002:
...ng concerning impact fees would not be held at this meeting as the capital facilities plans must first be adopted. It is anticipated the public hearing concerning impact fees will be held within a month. WATER CONSERVATION PRESENTATION: Council Member Allen introduced Dr. Frank Williams, a professor of agronomy horticulture at BYU, who has been working with the Washington County Water Conservancy District on water conservation. Dr. Williams explained that he has been working with the WCWCD for three years to establish methods of conserving water. He suggested that instead of maximizing fertilization and irrigation, that watering of lawns be done at a minimum. He advised that if a lawn does not have dry spots, it is being overwatered. He advised that many sprinkler systems are not good, and it is possible to have lawns yet conserve a tremendous amount of water. WATER EFFICIENT LANDSCAPE GUIDE: Presentation of the Water Efficient Landscape Guide program. Rick Heffelbauer of the Utah State University Extension Office, advised that he has worked on the Water Efficient Landscape Guide for the past nine months at the request of Georgia Barker. He explained that outdoor water use accounts for more than half of all water used, and moisture loss from turf is 60 inches per year, yet precipitation levels this year are 30% of normal and the area is currently in the fourth year of a drought. The goal of the Guide is to promote efficient outdoor water use and healthy landscapes. Landscape industry professionals were invited to give input. He explained that the Guide does not stress turning St. George into a cactus desert, but is meant to help with wise water use to lower water use levels. Compliance with the Guide is voluntary, not mandatory. Water and Power Director Wayne McArthur advised that the Guide would be made available to the public. St. George City Council Minutes May 16, 2002 Page Two Mayor McArthur suggested that the Guide be available to the public at the Parks Office and Water and Power Department. Council Member Allen suggested the Guide be put on the City's web site. She inquired if there had been any discussion among the committee about making the Guide mandatory rather than voluntary. Parks Superintendent Lynne Scott replied that it was discussed but the committee felt there was a need to first get the information out, as there are many principles and guidelines to comprehend. Enforcement would also be necessary if the Guide was mandatory, and the City is not yet prepared to do this. Council Member Allen suggested that whenever a building permit is issued, a copy of the Guide be made available to the owner or builder, and to make sure landscapers and contractors are aware of it. Ms. Scott replied that the committee discussed creation of a certification program, but the main goal now is to get the educational material to the public. Carol Sapp, a member of the committee, advised that the goal of the committee was to educate, and installation and design of watering systems is just one factor, as maintenance is extremely important in order to have optimum use of an irrigation system. Gary Beddingfield stated it appeared that anyone with a pick-up truck and a means to cut pipe and a can of glue can pass off as an expert in sprinkler installation, and that most people overwater 80% of their grass so that the remaining 20% doesn't die. He suggested an inspector for sprinkler installation. PRESENTATION FROM NELLIS AIR FORCE BASE PERSONNEL: Colonel Jim Callahan, 98th Operations Group Commander at Nellis Air Force Base, advised he is responsible for the Nevada Test and Training Range. He explained that even though St. George is outside its boundary, it is just outside the boundary and is still affected by noise from the airplanes. He expressed appreciation for the City's support. He then made a power point presentation on the air warfare center headquartered at Nellis. Mayor McArthur again advised those present that the impact fee schedule will not be adopted at this meeting, and that another meeting for this purpose will be held in June. PUBLIC HEARING/AMEND PD ZONE/ORDINANCE: Public hearing to consider an amendment to the PD zone for Anasazi Ridge Townhomes at Entrada located at 2200 North Cohonina Cr. north of 2100 North at Entrada. Reed Brinton, applicant. Community Development Director Bob Nicholson explained the proposed amendment is to an existing PD. The project was approved as a twin home development, but is now proposed to have many single detached units. The overall number of units (42) would not change. There would be 26 single detached units and 16 twin homes. The same overall design will be used. There was no opposition at the Planning Commission meeting. Mayor McArthur opened the public hearing. There being no public comment, he closed the public hearing and called for a motion. A motion was made by Council Member Gardner and seconded by Council Member Allen to approve by ordinance the amendment to the PD zone. Mayor McArthur called for a roll call vote, as follows: Council Member Gardner - aye Council Member Allen - aye Council Member Whatcott - aye St. George City Council Minutes May 16, 2002 Page Three The vote was unanimous and the motion carried. PUBLIC HEARING/AMEND ZONING ORDINANCE/ORDINANCE: Public hearing to consider an amendment to the Zoning Ordinance, 19-2,19.F and 19-2.C. Community Development Director Bob Nicholson explained that Chapter 19 of the Zoning Ordinance pertains to commercial zones. The proposed amendment deals with residential treatment centers in commercial zones, and requires an increase in open space and playground area from 20% to 30% when an existing building is converted to a residential treatment center. This change will make the requirement uniform with requirements of other residential projects. The Planning Commission recommends approval. Mayor McArthur opened the public hearing. There being no public comment, he closed the public hearing and called for a motion. A motion was made by Council Member Allen and seconded by Council Member Whatcott to approve the proposed change by ordinance. Mayor McArthur called for a roll call vote, as follows: Council Member Allen - aye Council Member Whatcott - aye Council Member Gardner - aye The vote was unanimous and the motion carried. PUBLIC HEARING/CAPITAL IMPROVEMENT PLANS/RESOLUTION: Public hearing to consider adoption of the Capital Improvement Plans and Impact Fee Schedule for the City of St. George. Mayor McArthur advised that while he would take comments concerning the impact fee schedule, its adoption would be scheduled at a later meeting. Impact fees are based on capital facilities plans, and they must first be adopted. City Manager Gary Esplin commented it was important to emphasize that state law governs the procedure to adopt impact fees and capital facilities plans, and periodically they need updating. Leisure Services Director Kent Perkins advised that the park impact fee is based on a standard to determine and maintain a certain level of service. Neighborhood parks are built with park impact fees. Parks to be built in the near future include Forest Park, Springs Park, Slickrock Park, Blake Memorial Park, the first phase of the Virgin River Park near the dinosaur tracks, and the first phase of the Hela Seegmiller Park in the Washington Fields area. The second year plan includes additional development of the Virgin River Park, Little Valley Park, and second phase of the Hela Seegmiller Farm and Historic Park. The City's goal is to update its plan every five years, and in some cases sooner, since development does not always occur in the direction assumed. Mayor McArthur explained that when the citizens of St. George approved the recreation bond, impact fees were based on a certain standard, and the City wants to maintain that same standard. Mr. Perkins explained that impact fee funds are not to be used for special facilities, community parks, the trail system or soccer fields, but for neighborhood parks. City Manager Gary Esplin advised that no changes were proposed to the Police Department plan. Fire Chief Robert Stoker stated that fire impact fees can only be used to build new facilities, and cannot be used for equipment or anything else. St. George City Council Minutes May 16, 2002 Page Four City Manager Gary Esplin advised that $600,000 has accumulated in the Fire Department Impact Fee Fund, and $28,000 in the Police Department Impact Fee Fund. Fire Chief Robert Stoker advised that seven new stations are proposed for construction within the next five to ten years. Station 7 is currently under design and will be located in the northwest part of Dixie Downs. Others are planned for the Sun River, Little Valley, Ledges, Green Valley Plantations, and Southern Corridor areas, and at the new airport. The City's plan is for a station within 1.5 to 2 miles of every residence. The new station in the Dixie Downs area will include an area for a backup dispatch center for the Police Department, and an area for the police officers. The City's goal is that any new station built will be a combination fire/police station. The City is also looking at radio repeater sites. Chief Stoker advised that the estimated cost of the new Dixie Downs fire station is $600,000-$700,000 and is hoped to be out to bid by late June or early July. He stated the Department currently has eight full time firefighters and 50 reserves. The new budget contains a new full-time position for a Captain/Training Officer and 15 new volunteer positions. Water and Power Director Wayne McArthur explained that the capital facilities plan in the Water Department includes the West City Springs project, east side irrigation project, Sandberg pond project, and a project to take the Bloomington Hills Elementary School, sixth and seventh grade center, and two church baseball fields off culinary water. The Department's long term plans include completing the regional pipeline by next year and to begin design to expand the water treatment plant. City Attorney Jonathan Wright inquired why the pipeline and water treatment plant was being expanded. Mr. McArthur replied that with expected growth at 6%, the City will grow into it by 2007-2008. There is also a plan to bring the reuse project on line within the next year or two, as well as a new well field in the Ledges area. He explained that the regional pipeline will bring water all the way to Ivins and will provide a good mix of surface and ground water. The City will have to comply with the new arsenic rule by 2005. Mr. McArthur advised that in the power area, the City is installing capacitors, with the hope that the technical task force is working on ways to build additional transmission. The plan shows a 138 line, but ways are being looked at to get electricity in from the south. Another alternative is to build either a 230 or 138 line from Las Vegas to St. George up over Highway 91 or over the new national monument. Wind farms are also being looked at, and there is a plan to put a turbine at SHAC and make a co-generation plant with the waste heat from the pool and sell it to the school. The City will eventually have to replace the 69 loop with a 138 loop. He explained that a long term source of power includes the Payson gas turbine project with 112 megawatts which is fully subscribed by UAMPS members except for 7 megawatts and should be on line this summer. There is also the IPP plan with a completion date of May 2008, and a small wind farm project which Pacificorp bought and would like to sell 10 megawatts to UAMPS. The City has signed up for one megawatt. Mayor McArthur commented that the Water Impact Fund was minus five million dollars. City Manager Gary Esplin replied this was because projects have been assigned to the impact fees. The Power Impact Fee fund has $500,000-$600,000. Public Works Director Larry Bulloch advised that Public Works Capital Facilities Plan projects include expenditures of $256,000,000 over 20 years, consists of 139 projects, and is well defined. 12 projects have been completed in the transportation system, and 6 drainage projects. The City is moving rapidly in the final stages of completing the major regional trunkline which upgrades capacity west of the West Black Ridge. The plan will emphasize expansion in St. George City Council Minutes May 16, 2002 Page Five that area, including upgrade of the trunk line downstream through the Southgate Golf Course and extending lines into the Winchester area for the future. The City is also looking at expanding from the Sun River area up to the Atkinville Interchange. The airport will need to be serviced with a trunkline from the Ft. Pearce Industrial Park and will also serve major residential development in the south block area and around the new airport. The Plan has 15 projects regionally in Wastewater and 17 in the Collection system. He advised that the Wastewater Division is exclusively growth driven with growth funding a majority of its revenue. The Division is well managed by Barry Barnum and is an efficient organization well set for the future. It is not expected that expansion will have to take place for ten years and will be driven by growth. He advised that transportation is funded about half by the State and federal sources, and half by City funds such as sales tax and development exactions. Drainage is also a 50-50 split between development and all other sources. Mayor McArthur inquired why the access to the new airport through Horseman's Park was not shown on the capital facilities plan. Mr. Bulloch replied that Little Valley Road is shown as the access to the new airport. The City is trying to focus on the southern corridor as the primary access, but may have to modify its plan. Council Member Whatcott inquired why no specific dates to begin were shown on the transportation list, such as the Atkinville Interchange. Mr. Bulloch replied that the City was meeting now with property owners to develop a formula for splitting costs above grant funds available for this project. The funding gap for this project is estimated to be four million dollars. The City cannot move ahead too quickly as it must wait for the environmental impact statement and record of required because of federal funds being used for this project. It is hoped that construction will begin within three years. Council Member Whatcott inquired if the projects were listed by time frame. Mr. Bulloch replied that they were listed by priority and would be done as money becomes available. He asked City Council Members if they agreed with the priorities. Mayor McArthur replied that the City Council can occasionally rethink the priority list. He inquired if the funding of eight million dollars for the Atkinville Interchange was secure. Mr. Bulloch replied that it was. City Manager Gary Esplin advised there was $409,000 in the Streets Impact Fund, $381,000 in the Drainage Impact Fund, and $400,000 in the Sewer Impact Fund. Mayor McArthur opened the public hearing. There being no public comment, he closed the public hearing and called for a motion. City Manager Gary Esplin advised that the City Council has an opportunity every year to change its priorities when the budget is adopted. Jerry Campbell, representing the AOPC, inquired if only water and power impact fees were being considered for an increase. City Manager Gary Esplin replied that staff has not made a recommendation to increase impact fees other than for water and power. Mayor McArthur commented that all impact fees will be discussed, but staff has not recommended any changes to impact fees other than for water and power. St. George City Council Minutes May 16, 2002 Page Six Mr. Campbell commented that impact fees have not been raised since 1994. Mr. Esplin replied that impact fees can only be adjusted as part of the capital facilities plan review. Mr. Campbell stated that impact fees are currently set at 75%, while only getting 50% value of the impact. Mr. Esplin stated that the public hearing on impact fees will be held June 6 or 20. Council Member Whatcott commented that the City currently uses all funds collected, and that does not mean the accounts are empty as they are constantly being replenished by construction and the funds will be used for future projects. He then made a motion to approve the capital facilities plans by resolution. The motion was seconded by Council Member Allen. Mayor McArthur called for a roll call vote, as follows: Council Member Whatcott - aye Council Member Allen - aye Council Member Gardner - aye The vote was unanimous and the motion carried. CONSENT CALENDAR: Consider approval of the financial statement for April, 2002. A motion was made by Council Member Allen and seconded by Council Member Gardner to approve the financial statement as presented. Mayor McArthur called for a vote, as follows: Council Member Allen - aye Council Member Gardner - aye Council Member Whatcott - aye The vote was unanimous and the motion carried. AWARD OF BID: Consider award of a blanket purchase order for building and plan review services. Purchasing Agent Sue Swensen advised that a blanket purchase order is desired for a professional services contract for review of commercial building plans. The amount of the contract will be $30,000 for the year. The vendor is Willdan from Las Vegas. City Manager Gary Esplin advised that building department staff cannot keep up with the current workload, and fees collected from building permits will be used to hire someone to do commercial plan checks. Ms. Swensen commented that plan review will include some structural design and engineering. City Manager Gary Esplin stated that staff does not have the expertise to review these plans as they do not see them often enough. A motion was made by Council Member Whatcott and seconded by Council Member Gardner to award a blanket purchase order for building and plan review services to Willdan in the amount of $30,000 for the year. Mayor McArthur called for a vote, as follows: Council Member Whatcott - aye Council Member Gardner - aye Council Member Allen - aye St. George City Council Minutes May 16, 2002 Page Seven The vote was unanimous and the motion carried. AWARD OF BID: Consider award of bid for construction of the Navajo Detention Basin project Phase I. Purchasing Agent Sue Swensen presented four bids received: Interstate Rock Products $320,170.20 L&M Construction $240,939.00 Mel Clark Construction $310,233.00 Rogers Construction $192,353.50 She recommended award to the low bidder, Rogers Construction, in the amount of $192,353.50. The Navajo Detention Basin is located west of Bloomington on State lands. City Manager Gary Esplin commented that SITLA granted the City a right to go on to their property. A motion was made by Council Member Gardner and seconded by Council Member Whatcott to award the bid to the low bidder, Rogers Construction, in the amount of $192,353.50. Mayor McArthur called for a vote, as follows: Council Member Gardner - aye Council Member Whatcott - aye Council Member Allen - aye The vote was unanimous and the motion carried. AWARD OF BID: Consider award of a contract for the tee time reservation system for City golf courses. This item was tabled. PUBLIC HEARING/AMEND FISCAL BUDGET/RESOLUTION: Public hearing to consider amendments to the fiscal budget for 2001-2002. City Manager Gary Esplin reviewed the proposed amendments. See Exhibit "A" attached hereto. Mayor McArthur opened the public hearing. There being no public comment, he closed the public hearing and called for a motion. A motion was made by Council Member Whatcott and seconded by Council Member Gardner to approve the amendments as presented by resolution. Mayor McArthur called for a roll call vote, as follows: Council Member Whatcott - aye Council Member Gardner - aye Council Member Allen - aye The vote was unanimous and the motion carried. ORDINANCE: Consider approval an ordinance requiring sterilization of animals adopted or claimed from the City of St. George Animal Shelter. City Manager Gary Esplin explained that this ordinance is necessary to bring the City into conformance with State law. The ordinance requires all cats and dogs adopted or claimed from the animal shelter to be sterilized. The sterilization fee will be required at the time of adoption and will be paid to the vet clinics which St. George City Council Minutes May 16, 2002 Page Eight have contracted with the City once proof of sterilization is received. If the animal is not sterilized within 30 days, the animal can be impounded or the fee paid forfeited. The ordinance also allows the City to require sterilization of an animal that has been picked up two times in a period of one year. Animal Control Officer David Vane commented that the City may see a temporary reduction in the number of adoptions due to the sterilization fee. A motion was made by Council Member Whatcott and seconded by Council Member Allen to approve the ordinance as presented. Mayor McArthur called for a roll call vote, as follows: Council Member Whatcott - aye Council Member Allen - aye Council Member Gardner - aye The vote was unanimous and the motion carried. RESOLUTION: Consider approval of a resolution approving the Economic Development Agreement with Wells Dairy Group. City Manager Gary Esplin explained that this agreement is a culmination of discussions with Wells Dairy in an attempt to have them locate in St. George. An Economic Development Agency (EDA) was created for the Ft. Pearce Industrial Park. Under this agreement, Wells Dairy would have the right to use property taxes they generate to cover some of their building and infrastructure costs. Construction will begin within a year of the agreement and will be completed by 2006. It is proposed that Wells Dairy receive 80% of the tax increment generated by and through construction of their facility for 15 years. 20% will come back to the City to use in its affordable housing program. Wells Dairy also has the right to trigger when the assessment begins, and they plan to begin after the facility has been completed. They may use the increment for whatever is allowed by law. The agreement also includes non-binding language which states that 50 acres currently under negotiation for option might be included in a similar agreement, in addition to the 50 acres they have purchased. By entering into this agreement, Wells Dairy is making a major statement about their plans to locate additional facilities here. If State law changes and affects the money received by th...


Sand Hollow Aquatic Center Water Aerobics:
...er Water Aerobics Flyer for a listing of times and classes offered at both facilities this summer and our Fall Water Ae


:


Special Event:
...city or a third party, than normally provided to groups which reserve park facilities or other city-owned facilities.C. Events held at the following are not special events unde...


City Council Minutes 06/21/2001:
...ht advised that this may depend on whether the fueling station had walk-in facilities. However, there is no state requirement or local ordinance requiring restroom facilities at a fueling station. Mark Kiosk, representing the applicant, advised the fueling station will contain a unisex bathroom for employees only, and customers will pay for the fuel at a window. There will be some soft drink machines on the side of the fueling station. Council Member Orton suggested the issue be further examined before approval is granted. Harold Jordan, representing the applicant, advised his client targets Walmart clients. Council Member Orton inquired if any other states required restroom facilities at fueling stations. Mr. Jordan replied that he had not been required to provide public restroom facilities at fueling stations, and Walmart allows fueling station customers to use their restroom facilities. Council Member Orton inquired if the applicant had a contract with Walmart for use of their restroom facilities. Mr. Jordan replied that they did not. Mayor McArthur opened the public hearing. City Attorney Jonathan Wright inquired if the fueling station would have a diesel island for large trucks. Mr. Jordan replied their target was automobiles. Mr. Kiosk advised that if diesel fuel is sold at the site, it will be for automobiles only, and the fueling station will not be set up as a truck stop for large 55’ rigs. He advised there are 34 fueling stations in this format, all in the western United States, and none have public restrooms, and the public is not allowed inside the fueling station building. Council Member Whatcott stated that Walmart’s traffic study was based on their activity. He inquired if a new traffic study was necessary because of the additional pads. A representative of the applicant advised that the design criteria for the Walmart project took into account future development of the entire site, including the traffic analysis. St. George City Council Minutes June 21, 2001 Page Ten Associate Planner Mark Bradley advised that the pads were part of the Walmart site plan, and the original text of the PD mentioned that use of the pads had not been determined, but may include a gas station, restaurant, etc. There being on further comment, Mayor McArthur closed the public hearing. A motion was made by Council Member Orton to table the request until the next regular City Council meeting to allow the City Attorney time to determine if the City can require one business to have facilities other businesses are required to have. The motion was seconded by Council Member Isom. City Attorney Jonathan Wright asked if the motion also included direction to City staff to assure the Walmart impact study included the pads. Council Member Orton replied he would include that in his motion. Mayor McArthur called for a vote, as follows: Council Member Orton - aye Council Member Isom - aye Council Member Allen - aye Council Member Whatcott - aye The vote was unanimous and the motion carried. PUBLIC HEARING/ZONE CHANGE/ORDINANCE: Public hearing to consider approval of a zone change from R-1-8 Single Family Residential to R-2 Duplex Residential on 8,184 sq. ft. on the north side of Diagonal at 600 North. Rebecca Stucki representing Habitat for Humanity, applicant. Associate Planner Mark Bradley advised that the applicant recently submitted a preliminary plat, and there are some issues regarding access within the proximity of the intersection, however, this would not be a part of the zone change approval process. Mark Fonger with Rosenberg Associates explained that there is a need to reduce this lot to 6,000 sq. ft., and that is why the applicant is requesting R-2 zoning. Mayor McArthur opened the public hearing. There being no public comment, he closed the public hearing. A motion was made by Council Member Isom to approve by ordinance the zone change as requested. The motion was seconded by Council Member Allen. Mayor McArthur called for a roll call vote, as follows: Council Member Isom - aye Council Member Allen - aye Council Member Whatcott - aye Council Member Orton - aye The vote was unanimous and the motion carried. PUBLIC HEARING/AMEND ZONING ORDINANCE: Public hearing to consider an amendment to the Zoning Ordinance regarding the number of occupants in a dwelling unit for off-campus student housing. City of St. George initiated. Associate Planner Mark Bradley advised City staff recommends an amendment to Chapter 24 of the Zoning Ordinance, "Definitions," to limit occupancy in off-campus student housing. Staff proposes that occupancy of student housing projects with five or more units be limited to six students per unit, provided all other requirements of the Zoning Ordinance are complied with. The Planning Commission recommended additional language limiting the number of student to no more than two students per bedroom, and no more than three bedrooms per unit. Council Member Isom inquired how the City would monitor this requirement, as there are many existing violations with inadequate parking. City Attorney Jonathan Wright advised these would be zoning enforcement issues. St. George City Council Minutes June 21, 2001 Page Eleven Council Member Whatcott commented the proposed amendment did not address parking issues. City Attorney Jonathan advised that parking problems in single family zones would be zoning enforcement issues, and unless designated as student housing, cannot have more than four students per home. Mayor McArthur opened the public hearing. LeeAnn Hoopes commented that it was not just students who caused parking problems within the City. There being no further comment, Mayor McArthur closed the public hearing. A motion was made by Council Member Isom to approve the ordinance as presented with review and changes as necessary in the future. The motion was seconded by Council Member Whatcott. Mayor McArthur called for a roll call vote, as follows: Council Member Isom - aye Council Member Whatcott - aye Council Member Orton - aye Council Member Allen - aye The vote was unanimous and the motion carried. PUBLIC HEARING/AMEND FISCAL BUDGET/RESOLUTION: Public hearing to consider amendments to the 2000-2001 fiscal budget for the City of St. George. Administrative Services Director Joe Vincent distributed copies of proposed amendments to the budget. Mayor McArthur opened the public hearing. There being no public comment, he then closed the public hearing. A motion was made by Council Member Allen to approve the amendments as recommended by resolution. The motion was seconded by Council Member Isom. Mayor McArthur called for a roll call vote, as follows: Council Member Allen - aye Council Member Isom - aye Council Member Orton - aye Council Member Whatcott - aye The vote was unanimous and the motion carried. PUBLIC HEARING/ADOPT FISCAL BUDGET/RESOLUTION: Public hearing to consider public comment regarding adoption of the 2001-2002 fiscal budget for the City of St. George. Administrative Services Director Joe Vincent advised there has been some discussion about adopting new rates for the Sand Hollow Aquatic Center, which could be done as part of this budget hearing. Assistant Leisure Services Director Herb Basso advised City staff has surveyed other facilities and entertainment values, and is hoping to implement an increase prior to the end of the fiscal year. He explained that while a child resident rate will increase, the same value can be obtained through purchase of a punch card. Leisure Services Director Kent Perkins advised that staff has done a good job of programming and reducing costs related to water and power, and the only way to generate additional money for the facility is to raise rates. Mayor McArthur opened the public hearing. There being no public comment, he then closed the public hearing. St. George City Council Minutes June 21, 2001 Page Twelve A motion to adopt the fiscal budget by resolution, including the proposed rate increase at Sand Hollow, was made by Council Member Orton and seconded by Council Member Isom. Mayor McArthur called for a roll call vote, as follows: Council Member Orton - aye Council Member Isom - aye Council Member Whatcott - aye Council Member Allen - aye The vote was unanimous and the motion carried. AMENDED CONDITIONAL USE PERMIT: Consider approval of an amended conditional use permit for the City of St. George’s reuse yard located at 575 E. Brigham Road to allow acceptance of asphalt and concrete from private companies for crushing and storage. City of St. George, applicant. Public Works Director Larry Bulloch advised that the City previously received approval for a conditional use permit to crush concrete and asphalt from City projects, but now would like to expand that use to include concrete and asphalt from private entities. He explained that Mr. Tad Ogden, a professional in his field, helped to evaluate impacts and issues raised by the public, and determined that the reuse center is operating at 1% of the level allowed by state and federal regulations, well below governing regulations for this type of operation. Mayor McArthur inquired what would prohibit private companies from depositing more material than was financially feasible for the City to handle. Mr. Bulloch replied that the private companies will be charged $3 a ton to crush their material, and this will generate revenue for operation of the Streets Division. The City will only be recouping its costs, and is doing it as an accommodation only. Mayor McArthur commented the City should be making a profit, not just recouping costs. Mr. Bulloch suggested $4 a ton for disposal. Mayor McArthur expressed concern that the City would be overrun with material to crush from private companies, and inquired if there was a market for the crushed product. Mr. Bulloch replied that there was a market for it, as it is a high quality material and is better than road base because it contains asphalt. It would available to anyone who wanted to purchase it. Council Member Allen advised that air quality issues were discussed in the Planning Commission meeting. Mr. Tad Ogden advised that air monitoring for fine particulates was performed and sample collections were taken at a distance of 100’ from the operation. The results were 1% of the allowable dust exposure per OSHA, and the facility is not generating a problem from this standpoint. The EPA also does not feel this operation is a problem and advises it could be run 365 days a year, but a permit was given for 180 days a year. Streets Superintendent Randy Halverson advised that private companies crush product for their customers as a service only, and not for profit. Public Works Service Division Manager Lyle Swaney advised this program would help eliminate illegal dump sites throughout the City, and the City has spent 500 man hours cleaning up these dump sites. Scott Nickel advised he does the crushing at the City’s reuse center, and did not think there would be any problem getting rid of the crushed product, nor would the City be overrun with material to crush. St. George City Council Minutes June 21, 2001 Page Thirteen Council Member Orton inquired about the hours of operation for crushing. He was informed the hours were 7:00 a.m. to 7:00 p.m. Phil Williams, representing the Washington County School District, expressed support for the program of recycling green waste and the concept of reusing materials, but stated he was baffled by the reuse center’s location and suggested it be moved to a site better suited to its activity. He also expressed concern about the pile that is now on the site and that moisture will bond it together, the winds will then dry it and blow the dust about. He stated, however, that up to now he has seen little or no dust coming from the operation. Mayor McArthur advised that a lot of thought was put into choosing the present site for the reuse center, and the site is well maintained and not readily seen. Council Member Orton advised he was not sure trees were needed to buffer the site. Associate Planner Mark Bradley advised that the Planning Commission recommended approval of the amended conditional use subject to: 1. Establishing a monitoring system on the site and test air quality during each crushing period. 2. No crushing when wind speeds are greater than the EPA regulations. 3. Provide a screen by planting trees around the entire property. 4. Review in one year. 5. Continue to test for the safety of children. 6. The City actively continue to look for an alternate site for crushing and be ready to move when growth requires it. Mr. Bulloch advised City staff will monitor the facility visually, and if dust becomes a problem, testing will be done. A motion was made by Council Member Orton to approve the conditional use permit with the elimination of two requirements suggested by the Planning Commission: the planting of trees to buffer the site, and establishment of a monitoring system to test air quality. He also suggested the word "actively" be deleted from the suggestion from the Planning Commission that the City "actively" look for a new site. The motion was seconded by Council Member Whatcott. Mayor McArthur called for a vote, as follows: Council Member Orton - aye Council Member Whatcott - aye Council Member Allen - aye Council Member Isom - aye The vote was unanimous and the motion carried. ADJOURN TO REDEVELOPMENT AGENCY MEETING: A motion was made by Council Member Orton and seconded by Council Member Isom to adjourn to a St. George Neighborhood Redevelopment Agency meeting. Mayor McArthur called for a vote, as follows: Council Member Orton - aye Council Member Isom - aye Council Member Allen - aye Council Member Whatcott - aye The vote was unanimous and the motion carried. RECONVENE: A motion to reconvene was made by Council Member Whatcott and seconded by Council Member Allen. Mayor McArthur called for a vote, as follows: Council Member Whatcott - aye Council Member Allen - aye Council Member Orton - aye Council Member Isom - aye St. George City Council Minutes June 21, 2001 Page Fourteen The vote was unanimous and the motion carried. FEE WAIVER AND USE OF PARKS: Consider a request for approval of a fee waiver from the Southern Utah Soccer League as well as permission to use Christensen Park, Dixie Downs Park, and Sunset Park for league games during the fall. Assistant Leisure Services Director Herb Basso advised that the St. George Leisure Services Department has typically been the host for surrounding areas’ programs and currently sponsors a soccer program and the AYSO soccer program. A Southern Utah Soccer League formed last year, and Hurricane offered to let them play on its fields, but they declined, and are requesting permission to use three City parks for their games, as well as a fee waiver for use of those parks. Mr. Basso suggested it was time the City shared the burden of operational costs and wear and tear on the parks with neighboring cities so that the Parks Department is not taking the brunt of all the outdoor activities and other cities share the costs and impacts. He advised that allowing use of three parks at no charge will negatively impact the parks without receiving any revenue. He expressed concern that the request was for use of three neighborhood parks, as these parks were developed with the understanding that they were for the neighborhoods, and not City programs. In fact, the City itself is banned from using the parks for City programs, and it would be unfair to allow a private entity to use them when the City cannot. Mayor McArthur commented that a discussion with the applicant was needed, as the City would have no problem co-sponsoring the league. Council Member Whatcott advised that use of the three neighborhood parks by the applicant would eliminate family use of the parks, and he struggled with using tax dollars to maintain facilities for use by private organizations without compensation. Mr. B...


City Council Minutes 09/28/2006:
...he City used them to defray costs of development of neighborhood parks and facilities - parks that are beneficial for specific areas and do not provide regional benefit. During the master planning process, it was seen that system improvements, those that have multiple benefits, were not being funded through impact fees, including recreation centers. General obligation bonds were being used to finance these improvements. City Manager Gary Esplin explained that when the park study was done, one of the goals was to have one park within half a mile radius or four acres of park for every 1,000 residents. A community park consists of 15-20 acres and has a ball field or something more structured, other than a trail system. In the past, these community parks have not been funded by impact fees. Leisure Services Director Kent Perkins advised that the standard for a community park is six acres for every 1,000 residents. The four acre standard is for a neighborhood park. Jason Burningham advised that the City?s present level of service is significant and not deficient and the City is providing a high level of service. There is a lack of connectivity with some of the improvements that makes them less beneficial as a system improvement, and he has tried to address some of these issues. If a developer builds an improvement that classifies as a system improvement because of its size, yet there is no connectivity, it should not necessarily qualify as a system improvement. He then presented an overview of proposed impact fees consisting of several scenarios. Carol Sapp inquired if exactions counted toward the payment of impact fees. Mr. Burningham replied that if they were system improvements, they would. City Manager Gary Esplin commented that use of a portion of the impact fees for neighborhood parks with amenities that are accessible to surrounding projects may be possible. If impact fees are imposed for both the land and the development, this may be a heavy burden for developers, but all options are shown for the Council?s consideration. The City?s facilities are also being used by visitors and perhaps this should be taken into account when structuring the impact fees. He inquired if the voters should be given a chance to vote on whether or not to pay for large recreation projects such as recreation centers through bonding, rather than through impact fees. Carol Sapp inquired if facilities built by private entities would fulfill the needs of growth. City Manager Gary Esplin replied that this was exactly why he was suggesting that not all facilities be funded by impact fees. He stated he did not feel there was enough demand to warrant construction of another recreation center. St. George City Council Minutes September 28, 2006 Page Five Mr. Burningham commented that the master plan suggests that the City provide one major recreation amenity per 40,000 residents, but it could look at privatization as fulfilling some of that gap, and this should be looked at. He stated he felt strongly that community parks be paid for by impact fees, with the building of recreation centers and neighborhood parks going either way. He stated that direction was needed with regard to the best approach. Council Member Gardner commented that if developers have to pay for the recreation amenity, they will make it exclusive to them. He stated that pocket parks provide a greater service than the Worthen Park, and it makes sense to have some leverage with the developer to make sure the amenity is for the community rather than developer-exclusive. Jason Burningham commented that whether the cost of amenities are developer exacted or paid for by impact fees, the same bundle of assets is being paid for. Impact fees are intended to pay for system improvements. Neighborhood parks should be defined in the master plan, but as long as they meet certain requirements, they could be classified as system improvements. Council Member Whatcott questioned the guidelines for definition of a neighborhood vs. community park and stated that a line could not be drawn in black and white. Kent Perkins commented that the definition of a park also includes City maintenance. He stated that the definition of recreation center also included aquatic facilities, pools, etc. Mr. Burningham commented that the definition of recreation center could also include tennis courts. Council Member Gardner commented that a City park must be designed to be welcoming. City Manager Gary Esplin commented that this was why impact fees should be used to build a portion of a park, so that the City will have the ability to assure it is inviting and accessible. Council Member Whatcott inquired if criteria for what a park will look like for maintenance purposes, etc. was being created. City Manager Gary Esplin inquired if the standard for acreage was appropriate, as well as the radius standard. Mayor McArthur stated he was comfortable with the current standard for a neighborhood park of four acres per 1,000 residents. Jason Burningham advised that the national standard of a community park is seven to nine acres. He advised that the City has already established a level of service and should not adopt anything less than that. St. George City Council Minutes September 28, 2006 Page Six Council Member Gardner suggested that flexibility was needed with regard to the acreage requirement in the event a piece of property was irregular. Leisure Services Director Kent Perkins advised that there is significant open space in the Ledges area, and the developer has said he would like to turn some of it over to the city for preservation as open space. There should be flexibility to allow an area to remain undeveloped so that grass does not have to be planted to consider the area as a park. Jason Burningham commented that the master plan should be flexible but enough guidelines set so it meets the City?s needs. Mayor McArthur commented that he liked Scenario No. 6, but debt service and some other things would have to be included. Jason Burningham explained that the City can use the pay-as-you-go philosophy, but then the City would not have enough impact fees to defray the costs. He explained that he tried to put some debt in to level out the dips and flows of cash flows and the timing of impact fees. It would not double from the debt service perspective, but would add some cost to any of the impact fee scenarios. Council Member Whatcott inquired how the City could allow developers to put in a park with individual lot owners receiving a credit. Mr. Burningham replied that if the developer wants to be the bank and accelerate it, they can fund the project and enter into an agreement with the lot owners. City Manager Gary Esplin commented that the City could only give a credit for a neighborhood park, not the trails, or community park, and it becomes more complicated when a building permit is issued. Mr. Burningham replied that if a system improvement is being installed, the developer is legally bound to provide an impact fee credit. City Attorney Shawn Guzman commented that the City would have to pay the developer if a system improvement was built. Community Development Director Bob Nicholson inquired if a credit could be given for private park development, like in Sun River. City Attorney Shawn Guzman replied that the City could not legally give a credit for a private improvement. Carol Sapp commented that with regard to private and public recreation centers, the key is not to exclude anyone from being able to use them. The City does not have to fill the entire need of the public because some citizens prefer to use a more upscale private facility. St. George City Council Minutes September 28, 2006 Page Seven City Manager Gary Eslin commented that if Scenario No. 6 is used, a percentage for recreation centers and some debt should be added in, increasing the figure to somewhere around $2,500. Mr. Burningham commented it would be around $2,800-$3,200. City Manager Gary Esplin inquired if staff was being too aggressive on some of the issues it was trying to fund. Council Member Whatcott replied yes, staff was being too aggressive on acreage and population. Council Member Gardner commented that he did not think a recreation center paid for by impact fees was needed in every neighborhood as there are other options. City Manager Gary Esplin commented that adding in all the open space property throughout the City should change the requirement for community parks. Council Member Bunker inquired how a recent survey ranked the recreation facilities as far as usage. Leisure Services Director Kent Perkins replied that trails were rated number one. Council Member Whatcott commented that maintenance on a smaller park would be less expensive than on a larger park. City Manager Gary Esplin commented that Cox Park is four acres and has two tennis courts, sand volleyball, a gazebo, and basketball court, and should qualify as a community park, not just a neighborhood park. He suggested that perhaps acreage required for a neighborhood park should be reduced to 3.5 acres instead of four, and perhaps the population requirement should be changed to four acres per every 1,250 residents. While these may be arbitrary numbers, what is critical is the master plan and that the City have a park in each designated circle area. This may mean only a 1.5 acre park in some places, and four acre parks in other places. Another fact which needs discussing is the fact that the City is subsidizing the rest of the County with its facilities. He commented that these requirements should be revisited each year, especially if the City allows density with height, more acreage will be needed. Leisure Services Director Kent Perkins commented that if something has to be shrunk, the acres required per 1000 residents for a community park is the way to go. Neighborhoods really want neighborhood parks that they don?t have to drive to and places for their kids to practice. Community parks will contribute to the traffic problems. Jason Burningham urged caution in defining everything by acreage. He commented that he was hearing consensus that neighborhood parks may be two to four acres with a certain amount of amenities, and community parks may be four to eight acres, not described so much by acreage as by the amenities which are put in. St. George City Council Minutes September 28, 2006 Page Eight Rick Rosenberg inquired if school playgrounds would come into play as they provide huge practice facilities. Jason Burningham replied that they could be counted if they can be used. He stated that school districts across the state have been difficult to work with as they prefer the public keep off everything except their open space. Carol Sapp urged combining uses with schools. City Manager Gary Esplin commented that the City is a model in the western United States for joint use of facilities. He suggested that Scenario No. 6 might be the way to go. He i...


City Council Minutes 02/15/2007:
...tion of uses allowed under the category of ?Private Recreation Grounds and Facilities? within an Open Space zone. City Manager Gary Esplin explained that tonight?s discussion is not to address specific existing uses, but to make a determination regarding private, public and commercial uses in relation to the recommendation made by the Planning Commission. Mayor McArthur commented that this discussion would have nothing to do with horses in the area. City Manager Gary Esplin commented that horses are allowed in open space zones, and it is not the City Council?s intent to prohibit them. The question is what constitutes private and public uses and what uses are appropriate in the open space zone. 19% of the entire City is zoned open space and a decision on what is allowed within this open space is critical. A determination needs to be made and then applied to uses which may be in conflict. Council Member Gardner inquired how much of the open space designation was made as a holding zone. Community Development Director Bob Nicholson explained that a good chunk of the open space area is tortoise habitat, some is airport property, some around the Bloomington area is considered a holding area and some has the bear claw poppy on it. Council Member Gardner commented that it appeared some of the open space property had been appropriately zoned according to use, and other areas have been zoned open space simply by default because it was annexed in as open space. City Manager Gary Esplin commented that a vast majority of the open space area is in public ownership or tortoise habitat area or Virgin River floodplain. However some of the area zoned open space will be rezoned and developed. City Attorney Shawn Guzman advised that it is not an issue of whether or not animals can be in the open space zone, as they can. The issue needing clarification is the definition of public and private recreation grounds and facilities. He recommended the definition of public recreation grounds and facilities as ground or facilities owned by a governmental entity and open to the general public, and the definition of private recreation facility is a facility privately owned which may not be used for a commercial operation unless authorized by city, state or federal law, and includes any activity for which fees or compensation is received. He then listed the conditional uses allowed in an open space zone. He advised that an applicant could approach the City Council with another use and ask to have the ordinance changed. St. George City Council Minutes February 15, 2007 Page Six Council Member Allen inquired if an operation which traded services and did not charge would be permitted. City Attorney Shawn Guzman replied that the definition would not preclude someone from keeping a horse. The definition hinges on compensation, and regardless if something is traded, this would still be compensation and would fall under a commercial operation. Council Member Allen inquired if the limit of four large animals per acre applied in the open space zone as well. Community Development Director Bob Nicholson replied that the limit did apply. MOTION: A motion was made by Council Member Orton to determine that under Sec. 10-12-2, St. George City Code, private recreation grounds and facilities mean grounds or facilities that are privately owned and may not be used for a commercial operation unless specifically authorized by city ordinance, and public recreation grounds and facilities mean grounds and facilities owned by a government entity that are open to the general public, and that commercial operations shall be any activity for which rent, fees or other compensation is received for the use of the grounds or facilities or activities thereon. SECOND: The motion was seconded by Coun...


City Council Minutes 03/19/2015:
...d by the proposals being made; he will not be able to utilize recreational facilities as easily and has financial concerns. He thinks Sun River should be required to notify the entire community. The 2nd phase is still coming and goes on the other side of Sun River Parkway and also is intended to be changed to residential. He explained that that at the time residents purchased their homes that the SITLA land would be an RV Park, storage and light industrial. He anticipated a grocery store, all abilities facility and a park. He explained Sun River residents have to approve annexation and he thinks the residents will fight it. He discussed the burden that would be experienced if it is developed as multi-family with children. He said there is a parcel that is not before the council yet, it will border the interstate which will mean a sound wall will be erected. He asked if that is the look everyone wants, he thinks not. Councilmember Almquist asked how it would affect Mr. McFarland’s pocket book Mr. McFarland replied that when he was on the board of trustees, he presented suggestions for a $1,000 impact fee on new homes which was not adopted. The idea was it would be split, with $500 going to pay off the debt to the developer and $500 to a capital improvement fund. Now the developer wants a $1,500 impact fee when a house is resold, that will affect him. He also expects to see an increase in association fees to expand the facilities to accommodate the new homes. Councilmember Bowcutt asked if this addition is going to be the classified as 55 older. Mr. McFarland replied that the developer can do that but can’t annex it into Sun River without residents’ approval. He said if residents’ don’t approve annexations, the developer will not build the addition into Sun River. Scott McCall explained the area in this proposed zone change is already in an agreement to be annexable. There is an area that will come to a vote to the association in a different portion in April. It’s a different parcel and the association will get to vote on it. Mr. McFarland pointed out that the agreement he spoke of was not with the HOA but part of mediation in a court battle between the developer and a board member and is not part of the issue. Judy Bozeman, a resident of Sun River stated that the homes under consideration today are part of the 2,391 residential units originally included. The HOA dues will not go up. A second zone change will come before council in April or May. This portion was part of the transition agreement which Sun River residents voted on in 2012. David Patten, a Sun River resident and member of the board of trustees said he was speaking personally and not as a member of the board. He said the confusion caused by the board is the proposal to annex south of the Sun River Parkway. That will have a vote of the community at a later date. The $1,500 resale fee and increase of HOA’s fees will be part of that decision. This St. George City Council Minutes March 19, 2015 Page Ten proposal was approved in the 2012 transition agreement. The 2,391 units comes from the mediation agreement between the developer and community and was effective in March of 2011. The maximum amount is 2,391 and is part of the proposal today. There was a question of when the land in the zone change was acquired. There was discussion of it happening in the last two years. Mayor Pike indicated some of the issues raised are between the HOA and residents and not part of the proposal to the city council for action tonight. Bob Royal, a Sun River resident said more attention should be given the demands this will put on the water system. He would like to hear if that has been thoroughly discussed. He also asked what kind of community facilities would be allowed in the community commercial area. Scott McCall explained the developer will pay impact fees and he hasn’t been told water would be unavailable. He commented that Sun River has a very low water use compared with other residential areas of the city. Community commercial is defined as commercial highway uses as put in the SITLA agreement. He doesn’t have a list of what is approved for that at hand. City Manager Esplin explained it is a combination retail and highway. He provided clarification with respect to water services, there is a tank in that area and there is capacity to meet the demands of this project. The city has done a build out analysis and determined there is enough water to meet demand until a population of approximately 150,000 – 155,000. On the other side of the freeway to the airport there are other issues that will need to be addressed. John Mogibol, a Sun River resident asked how much real estate taxes will go up if new homes become available. He referred to an FBI report regarding the number of police, firemen and such needed for a given amount of people in an area. City Manager Esplin commented the city doesn’t subscribe to any FBI or national standard with respect to first responders. The need is based on the number of calls for service and the budget. He stated that he doesn’t anticipate this will result in an increase to property taxes to existing homes, he anticipates new officers required would be funded through property taxes on the new homes. There was discussion regarding the new fire station and the assumptions of growth in the area. The fire station serves more than just Sun River, it provides for growth on both sides of the freeway. Seeing no one else wanting to comment, Mayor Pike closed the public hearing. Councilmember Almquist commented that he thinks Sun River is known as a good development, which is a tribute to the services that are provided. He has seen every phase that has gone through and there have been concerns expressed with each phase of development. He suggested to Scott McCall that some funds should be incorporated into expanding recreation St. George City Council Minutes March 19, 2015 Page Eleven facilities. He said it looks like there is a piece of land that moves away from RV storage which is a use he doesn’t like much. Councilmember Hughes indicated he sees a concern with the 2,391 number. Some residents are okay with that number and don’t want to go over that amount. He sees this phase as staying within the 2,391 number. He knows growth is a concern for many and it has been for a long time. In this case, it seems like it has been known the homes would go somewhere and this seems like a good place for them. Councilmember Arial encouraged Sun River developers to communicate better which might clear up some of the confusion. Mayor Pike called for separate motions for each piece of the zone change and requested a motion on part 1 amendment No 6 to the St. George Sun River Planned Development Zone to move approximately 30 acres of the Interchange PD into the Sun River PD and to update the land use to become PD-R. MOTION: A motion was made by Councilmember Hughes to approve the zone change request to rezone 76.42 acres to allow Part 1 Amendment No. 6 to the Sun River PD Zone to move approximately 30 acres of the Interchange PD into the Sun River PD, and to update its land use to become PD-R. SECOND: The motion was seconded by Councilmember Bowcutt. VOTE: Mayor Pike called for a roll call vote as follows: Councilmember Almquist, aye Councilmember Randall, aye Councilmember Bowcutt, aye Councilmember Arial, aye Councilmember Hughes aye The vote was unanimous and the motion carried. Mayor Pike requested a motion on part 2 amendment No. 2 to the Interchange PD to update the balance of the property to join the existing 8.1 acres Community Commercial (CC) as defined by the Atkinville Interchange PD. MOTION: A motion was made by Councilmember Hughes to approve portion 2 Amendment No. 2 to the Interchange PD to update the balance of the property to join the existing 8.1 acres Community Commercial (CC) as defined by the Atkinville Interchange PD. SECOND: The motion was seconded by Councilmember Almquist. VOTE: Mayor Pike called for a roll call vote as follows: St. George City Council Minutes March 19, 2015 Page Twelve Councilmember Almquist, aye Councilmember Randall, aye Councilmember Bowcutt, aye Councilmember Arial, aye Councilmember Hughes aye Mayor Pike asked for a motion on part 3, to update the location of the signage parcel used for advertising the Sun River community and to include the extension of the term of the temporary sign permit through the year 2022. There was discussion regarding the five year extension and moving the sign 200 feet. MOTION: A motion was made by Councilmember Arial to approve part 3 to update the location of the signage parcel used for advertising the Sun River community. The properties are generally located westerly of Pioneer Road and northerly of Bluegrass Way and the sign is generally located south of the Atkinville Wash, west of the I-15 Freeway, and east of the residential lots 2122 thru 2128 along Silk Berry Drive. City Attorney Guzman asked if this will also extend the term of the permit to 2022 if so it should be put into the motion. Mayor Pike said the term of the sign permit to go through 2022. Councilmember Hughes clarified that is for the temporary construction sign, after 2022 it goes away. Councilmember Arial indicated that was okay. SECOND: The motion was seconded by Councilmember Randall. Councilmember Almquist said the sign doesn’t change in size or message. VOTE: Mayor Pike called for a roll call vote as follows: Councilmember Almquist, aye Councilmember Randall, aye Councilmember Bowcutt, aye Councilmember Arial, aye Councilmember Hughes aye The vote was unanimous and the motion carried. St. George City Council Minutes March 19, 2015 Page Thirteen PUBLIC HEARING/ZONE CHANGE/ORDINANCES Consider approval of an ordinance changing the zone from R-1-10 to PD-R on 11.75 acres on property located at approximately 501 South 2200 East. Planning and Zoning Manager John Willis explained the zone change consists of 12 dwelling units and garages. The project is Grayhawk Apartments at Rivers Edge. He described the elevations, site plans, multi-use material and colors. He indicated there are two additional requests with zone change. 1. To allow eight buildings to be 45 feet tall. This is an exception to the 35 foot height limit and is allowed under code with council approval. 2. To allow a reduction in parking spaces, this is allowed under the code. Based on the number of dwelling units 569 parking spaces would be required. The proposal provides for 506 spaces. There was discussion as to how the number of parking spaces per unit was calculated and the studies provided in the agenda packet that show 569 spaces aren’t needed. John Willis explained there would be one covered stall per unit however, the uncovered parking is lacking. The proposal exceeds the recreation requirement per unit. There are three accesses for the project. He reviewed the staff comments and indicated the Planning Commission recommended approval with conditions. The density, parking and building heights were of concern to the Planning Commission. He read the motion and recommendation from the Planning Commission. The recommendation from the Planning Commission would reduce the number of units and allow a 20 parking space shortage. Councilmember Bowcutt asked with the reduction in units in three of the buildings, how short the development will be of the parking space requirement. John Willis said it would be a 16 unit reduction and 23 parking spaces deficient as opposed to the 63 as proposed by the applicant. Councilmember Almquist wondered if the council should have some input from the police department as it seems like there are a lot of calls for service in these types of projects. Does this have any federal dollars in this project. John Willis replied that there are no federal funds as part of this project. Councilmember Almquist asked if there is adequate access and an emergency aisle to allow for both police and fire department to respond without going through adjacent property. John Wills replied it doesn’t appear that way. St. George City Council Minutes March 19, 2015 Page Fourteen Councilmember Almquist commented that he doesn’t see fire access to building L or K without going through adjacent property. He expressed concern for fire access throughout the project. City Manager Esplin commented the plan would need to receive approval from staff Councilmember Almquist asked why buildings A, B and E are only two stories. Randy Rindlisbacher with Bach homes replied those buildings have garages on the bottom floor and placed for aesthetics. Mr. Rindlisbacher handed out print outs of his Power Point and began the presentation. Council Member Arial left at 6:41 pm and returned at 6:44 pm. Councilmember Bowcutt asked about hours the management office would be staffed: Mr. Rindlisbacher replied business hours Monday – Saturday. He continued with the presentation. Councilmember Almquist discussed the emergency service entrance and expressed concern with the turning radius. Mr. Rindlisbacher replied it will be designed to meet all city codes. The three access points were discussed. The top of the covered parking on northern end of the property and a wall in existence on the property was discussed. Mr. Rindlisbacher commented that he anticipates adding a retaining wall at north and south ends as needed. The parking cover as it will be seen from other properties was discussed. It hasn’t been engineered yet but it isn’t expected to be seen. Due to the lack of aesthetics of parking structures, the applicant was encouraged to design something nicer looking. Mr. Rindlisbacher continued with the presentation. He discussed the parking situation and a parking analysis of quite a few projects that his company owns and manages. The stalls per unit range from 1.3 and 2.14; the average is 1.95 parking spaces. This proposal is for 2.07 spots per unit. The other projects don’t have parking problems. His company hired a professional traffic engineer, Ryan Hills to do a parking study. Ryan Hills explained he completed a parking study in St. George. He reviewed his qualifications to conduct a parking study. He referred to the Power Point as he discussed the study. At Canyon Point Apartments the supply was 1.93 stalls per unit, demand is 1.58 per unit. Oasis Palms Apartments the supply of 2.38 stalls per unit, the demand 1.70 per unit. The Falls at Mesa Point there is a supply of 2.14 per unit and demand of 1.9 per unit. St. George City Council Minutes March 19, 2015 Page Fifteen Councilmember Hughes asked with respect to parking did the study take into account the vacancy rate. Mr. Hills replied he assumed a 5% vacancy rate. Councilmember Hughes asked with respect to The Falls at Mesa Point, what is the thought process and seeing the demand per unit go up relative to the size of the complex. Is there a correlation or trend with the number of units and is 2.7 space per unit appropriate. Mr. Rindlisbacher replied the Canyon Point complex has zero garage units. The assumption was that every garage in the others had a car in it and that is conservative as many use the garage as a storage unit. He said one option is to put into the leases that garages cannot be used as storage units. City Manager Esplin said with respect to parking, the city code requires more than others as most apartments are built around residential homes and if there aren’t enough parking spots, parking spills on the streets. He expressed that this case may be a bit different in that in this area there won’t be in any competition from existing homes for parking. That may be a reason to consider a reduction in parking space requirement. Mr. Rindlisbacher said that with 250 units there isn’t a time when everyone is at home and that allows for a lower demand for parking. Councilmember Almquist commented the bicycle stalls will be attractive. He asked if the demographics of the residents with respect to them owning more than one vehicle or if this is a vacation location is taken into account. The concern being that if the purchaser is vacationing in St. George often that increases the number of vehicles needing parking. Council Member Bowcutt asked if the units are going to be sold or rented. Mr. Rindlisbacher said they are all rentals. He continued with the Power Point presentation. He explained why he felt the density decrease which made the parking 2.2 spaces per unit was excessive. He feels strongly that this density fits well on the parcel of the ground. He respectfully requests the council disregard the conditions from the Planning Commission. Councilmember Hughes asked if reducing the density is the only way to reduce the parking issues. Mr. Rindlisbacher said the only other thing that could be done is to use some of the open lawn area for parking. But he feels like that it would be a mistake to eliminate open space kids could enjoy for parking spaces that will be empty. Councilmember Bowcutt asked when the club house will be built. St. George City Council Minutes March 19, 2015 Page Sixteen Mr. Rindlisbacher replied it will be the first thing built. Mayor Pike opened the public hearing. Ed Bacca asked if a traffic study has been done to determine the impact to that area. City Manager Esplin said a traffic study has been completed and there will be some negotiation with regard to a traffic signal that is part of the traffic study. It is the city’s opinion that it should be installed now, but that is not the conclusion of the report. It will need to be negotiated with the developer and owners of the other pieces of property. Mayor Pike closed the public hearing. City Manager Esplin commented that he doesn’t think it’s a density issue, there are some extenuating circumstances based on the location of the development. It is out of the 100 year flood plain but it is within the erosion plain. There will have to be some erosion protection as part of the plan. The roadway needs to be constructed from Mall Drive to the project along the river which guarantees more access. With that many units staff thinks it’s necessary. The developer doesn’t necessarily agree with that assessment. City Manager Esplin continued that if the council is considering the study and information provided it could make sense to require a 16 unit decrease, but visually it won’t make a difference. There was discussion regarding the parking issue and the city requirement for more parking spaces as a result of parking overflowing into neighborhoods. Councilmember Hughes commented that this is a really nice project. He has no problem with density, but he also commented that he’s never lived in an apartment complex with enough parking and he is concerned there aren’t enough parking spaces. Councilmember Almquist discussed a letter that was in the agenda packet of a resident that was opposed to the zone change. John Willis commented the applicant has provided much more clear information to the council than what was provided to the Planning Commission. Councilmember Almquist stated that he has complete respect for the Planning Commission decision. However understanding the management issue is important. More apartments mean more funds and ability to fulfill obligations and traffic concerns. He indicated he is supportive of the design. Mayor Pike called for a motion. St. George City Council Minutes March 19, 2015 Page Seventeen MOTION: A motion was made by Councilmember Almquist to approve the zone change from R-1-10 to PD-R on 11.75 acres to accommodate a multifamily development consisting of 12 dwelling structures which includes 244 apartments units, a clubhouse, two pavilions etcetera. The address is 510 South 2200 East and the applicant is Grayhawk at Rivers Edge LLC and in respect to the traffic study is pending or completed? City Manager Esplin indicated that is a separate item than what the council is looking at tonight and will be part of the development review. MOTION: Councilmember Almquist said that is his motion and anyone can amend it. Councilmember Bowcutt asked does the motion include the original four stories on buildings K and L and three stories on Building M. Councilmember Almquist replied yes. SECOND: The motion was seconded by Councilmember Bowcutt. Councilmember Hughes asked that that means Councilmember Almquist is agreeing with the Planning Commission recommendation? Councilmember Almquist replied no. Mayor Pike said to clarify that the council would accept other recommendations by the Planning Commission, but not the building height of the two units. Councilmember Almquist replied correct. Councilmember Hughes commented then the motion is allowing the parking to be reduced. Mayor Pike replied correct. City Manager Esplin commented this is the proposal as submitted to Planning Commission which reduced the height and the parking. It’s the original plans the Planning Commission considered. Councilmember Almquist replied correct. City Attorney Guzman stated it’s a Planned Development and you are approving it as presented it should include a stipulation with the traffic study and whether or not it requires improvements and participation in the signal and what that participation should be. There was discussion as to how the council can approve it without knowing what the traffic study will determine. There was discussion that the motion could be made to approve subject to St. George City Council Minutes March 19, 2015 Page Eighteen the normal development process and the developer could come back to the council and redo their project. Councilmembers Almquist and Bowcutt agreed to the stipulation. VOTE: Mayor Pike called for a roll call vote as follows: Councilmember Almquist, aye Councilmember Randall, aye Councilmember Bowcutt, aye Councilmember Arial, aye Councilmember Hughes, nay The vote was four ayes and one opposed, the motion carried. PUBLIC HEARING/VACATE PORTION OF A ROADWAY/ORDINANCES Consider approval of an ordinance vacating a portion of a platted roadway located at approximately 1100 South between 2580 East and 2780 East. Assistant Public Works Director Wes Jenkins explained there are some platted roads on the property for which this action requests to be vacated. City Manager Esplin commented that in the past when the city has owned platted property and a request has been made to vacate a portion of the roadway the city would seal the property. In this case a request was received it in the annexation, Staff is also requesting to approve the lay out of the street. Perhaps it’s not abandonment but an exchange as the owner is giving the city another roadway. Mayor Pike opened the public hearing, seeing no one wishing to comment, he closed the public hearing and called for a motion. MOTION: A motion was made by Councilmember Almquist to approve an ordinance vacating a portion of a platted roadway located at approximately 1100 South between 2580 East and 2780 East. SECOND: The motion was seconded by Councilmember Bowcutt. VOTE: Mayor Pike called for a roll call vote as follows: Councilmember Almquist, aye Councilmember Randall, aye Councilmember Bowcutt, aye Councilmember Arial, aye Councilmember Hughes, aye St. George City Council Minutes March 19, 2015 Page Nineteen The vote was unanimous and the motion carried. RESOLUTIONS Consider approval of a resolution for the Warner Draw Supplemental Watershed Work Plan Agreement #3. City Manager Esplin explained the watershed hasn’t been well maintained in the past. The flood authority is working to make sure the basins are maintained to prevent flooding in the Washington field’s area. This agreement would require the flood authority to maintain it once it’s improved. Mayor Pike called for a motion. MOTION: A motion was made by Councilmember Arial to approve a resolution for the Warner Draw Supplemental Watershed Work Plan Agreement #3. SECOND: The motion was seconded by Councilmember Randall. VOTE: Mayor Pike called for a roll call vote as follows: Councilmember Almquist, aye Councilmember Randall, aye Councilmember Bowcutt, aye Councilmember Arial, aye Councilmember Hughes, aye The vote was unanimous and the motion carried. STAFF REPORTS: Consider approval of an agreement between the Zion Lions Football team and the City regarding use of the Sun Bowl for the 2015 season. City Manager Esplin indicated the agreement in the agenda packet. It is a standard agreement for the use of city facilities prepared by the Legal Department. It’s important to understand it’s a non-exclusive right to use the facility. The facility will be scheduled as much as possible. There are numerous requests to use the facility. City Attorney Guzman said the fee is $200 per game and allows the use of the recreation center for the locker room facilities. It’s for one year and is non-exclusive. The applicant can only use the facility for the games on their schedule. He commented that the insurance issue was resolved. Councilmember Bowcutt asked if the $200 fee is just for this use. St. George City Council Minutes March 19, 2015 Page Twenty City Attorney Guzman said the fee this is just for the football games. Other uses might have other fees. There was discussion as to what the $200 fee covers which are costs the city incurs for items such as striping the field. Mayor Pike called for a motion. MOTION: A motion was made by Councilmember Arial to approve the agreement between the Zion Lions Football team and the City regarding use of the Sun Bowl for the 2015 season for a $200 per game fee and the other arrangements made for use of the locker room for the 2015 season. SECOND: The motion was seconded by Councilmember Bowcutt. VOTE: Mayor Pike called for a vote as follows: Councilmember Almquist, aye Councilmember Randall, aye Councilmember Bowcutt, aye Councilmember Arial, aye Councilmember Hughes, aye The vote was unanimous and the motion carried. Consider approval of the sale of City property to homeowners adjacent to the Millcreek Industrial Park. City Manager Esplin explained this is to approve the sale of city property along the new Millcreek Park. He itemized the square footage of each of the three pieces at $1.50 per square foot. Mayor Pike called for a motion. MOTION: A motion was made by Councilmember Bowcutt to approve that pricing and to approve the sale that property along Millcreek Industrial Park. SECOND: The motion was seconded by Councilmember Hughes. VOTE: Mayor Pike called for a vote as follows: Councilmember Almquist, aye Councilmember Randall, aye Councilmember Bowcutt, aye St. George City Council Minutes March 19, 2015 Page Twenty-one Councilmember Arial, aye Councilmember Hughes, aye The vote was unanimous and the motion carried. There was a discussion regarding the schedule of the park and that the Parks Department is working on grant funding. Report from the Planning commission meeting held March 10, 2015 FINAL PLAT Consider approval of a twelve lot residential subdivision for Cornerstone Phase 2. Wes Jenkins indicated this is approximately 3100 East and 2100 South and it meets the conditions of the preliminary plat approval. Mayor Pike called for a motion. MOTION: A motion was made by Councilmember Hughes to approve the final plat of a twelve lot residential subdivision for Cornerstone Phase 2. SECOND: The motion was seconded by Councilmember Almquist. VOTE: Mayor Pike called for a vote as follows: Councilmember Almquist, aye Councilmember Randall, aye Councilmember Bowcutt, aye Councilmember Arial, aye Councilmember Hughes, aye The vote was unanimous and the motion carried. LOT LINE ADJUSTMENT Consider approval of a lot line adjustment for 731 and 735 North Industrial Road. Wes Jenkins indicated all aspects have been reviewed by staff. Councilmember Bowcutt asked if the same person owns both pieces. Wes Jenkins replied no but both property owners agree with the movement of the property line. Mayor Pike called for a motion. St. George City Council Minutes March 19, 2015 Page Twenty-two MOTION: A motion was made by Councilmember Randall to approve a lot line adjustment for 731 and 735 North Industrial Road. SECOND: The motion was seconded by Councilmember Arial. VOTE: Mayor Pike called for a vote as follows: Councilmember Almquist, aye Councilmember Randall, aye Councilmember Bowcutt, aye Councilmember Arial, aye Councilmember Hughes, aye The vote was unanimous and the motion carried. FINAL PLAT AMENDMENT Consider approval of a fourteen lot commercial subdivision amendment for Escalera Phase 5 Amended. Wes Jenkins indicated all aspects were looked at by staff and it meets the conditions for approval. There was discussion regarding the need for the amendment. A Parade Home Show home was built on the lot and included a pool. The pool was built across the property line. This action adjusts the line so that the pool and home will be on the same lot. Councilmember Almquist asked if the neighbor is okay with the adjustment. Wes Jenkins indicated the lot hasn’t been sold yet, it is still under the ownership of the developer. Mayor Pike called for a motion. MOTION: A motion was made by Councilmember Almquist to approve a fourteen lot commercial subdivision amendment for Escalera Phase 5 Amended. SECOND: The motion was seconded by Councilmember Hughes. VOTE: Mayor Pike called for a vote as follows: Councilmember Almquist, aye Councilmember Randall, aye Councilmember Bowcutt, aye Councilmember Arial, aye Councilmember Hughes, aye St. George City Council Minutes March 19, 2015 Page Twenty-three The vote was unanimous and the motion carried. Consider approval of a twenty-four lot residential subdivision amendment for Gentry Lane Amended. Wes Jenkins indicated all aspects were looked at by staff and it meets the conditions for approval. The trail location has been located on the plat to match the location where it was constructed. Councilmember Bowcutt asked if the width is still the same as what was presented to the Planning Commission. Wes Jenkins replied, yes. Mayor Pike called for a motion. MOTION: A motion was made by Councilmember Almquist to approve a twenty-four lot residential subdivision amendment for Gentry Lane Amended. SECOND: The motion was seconded by Councilmember Arial. VOTE: Mayor Pike called for a vote as follows: Councilmember Almquist, aye Councilmember Randall, aye Councilmember Bowcutt, aye Councilmember Arial, aye Councilmember Hughes, aye The vote was unanimous and the motion carried. PREMILINARY PLAT Consider approval of a preliminary plat for a nine lot commercial subdivision for The Fields at Mall Drive. Wes Jenkins indicated in the discussion at the Planning Commission meeting it was noted that the development will be done in phases. With Phase 1 the developer will finish improvements on 3000 East and Mall Drive with deceleration lane. Phases 2 and 3 were discussed and there was a concern with truck assess because Phase 3 won’t be built until later. Mall Drive and 2780 improvements are proposed to done at a later date. City Manager Esplin noted there is enough parking once all the Phases are complete. Wes Jenkins detailed the parking space. St. George City Council Minutes March 19, 2015 Page Twenty-four Mayor Pike noted that in terms of Mall Drive does this development add a lane. Wes Jenkins indicated the south half will be built out and a deceleration lane will be constructed. There was discussion regarding access from Mall Drive and participation of the developer with respect to culverts. Wes Jenkins noted the city is participating with one of the culverts; the developer is responsible for the others. Councilmember Hughes asked if the phasing will be spelled out in the development agreement. City Manager Esplin detailed what the council will be approving if this action is approved. He explained that either Lin’s or the property owner will be responsible for off-site improvements. The city will construct one crossing that is the wider one in the middle as part of its cost of doing the drainage in exchange for the property the drainage will be put on. Wes Jenkins noted the accesses will be located in the public right of way but the developer or property owner will have to maintain the access. The city will only maintain the roadway itself. City Manager Esplin commented that before final plat approval is granted the city needs to receive the necessary dedications and a development agreement will have to be completed. He noted that there was a bid opening today at two pm on the drainage channels but he doesn’t know how the bids came out. Mayor Pike called for a motion. MOTION: A motion was made by Councilmember Hughes to approve the preliminary plat for a nine lot commercial subdivision for The Fields at Mall Drive. SECOND: The motion was seconded by Councilmember Arial. VOTE: Mayor Pike called for a vote as follows: Councilmember Almquist, aye Councilmember Randall, aye Councilmember Bowcutt, aye Councilmember Arial, aye Councilmember Hughes, aye The vote was unanimous and the motion carried. St. George City Council Minutes March 19, 2015 Page Twenty-five Consider approval of a preliminary plat for a four lot residential subdivision for Blackberry Court Phase 3. Wes Jenkins explained the low density residential proposal. The developer will finish the cul-de-sac as the road is completed. Councilmember Bowcutt asked if the cul-de-sac meets the requirement for fire department access. Wes Jenkins replied yes. Mayor Pike asked if there will be another access point. Wes Jenkins replied that he doesn’t think so because a sewer line can’t be brought to it. There was discussion regarding the drainage, the elevation changes and erosion protection that has been put in since the 2005 flood. Mayor Pike called for a motion. MOTION: A motion was made by Councilmember Almquist to approve the preliminary plat for a four lot residential subdivision for Blackberry Court Phase 3. SECOND: The motion was seconded by Councilmember Bowcutt. VOTE: Mayor Pike called for a vote as follows: Councilmember Almquist, aye Councilmember Randall, aye Councilmember Bowcutt, aye Councilmember Arial, aye Councilmember Hughes, aye The vote was unanimous and the motion carried. Consider approval of a wireless site lease agreement with Tonaquint Networks LLC. City Manager Esplin said staff recommends approval for co-locate on the pole within the Stonecliff water tank site as it will reduce the amount paid for storage at the data center by about $200 a month. He recommended the approval should be subject to legal review. Mayor Pike called for a motion. MOTION: A motion was made by Councilmember Bowcutt approve the wireless site lease agreement with Tonaquint Networks LLC subject to legal review. St. George City Council Minutes March 19, 2015 Page Twenty-six SECOND: The motion was seconded by Councilmember Randall. VOTE: Mayor Pike called for a vote as follows: Councilmember Almquist, aye Councilmember Randall, aye Councilmember Bowcutt, aye Councilmember Arial, aye Councilmember Hughes, aye The vote was unanimous and the motion carried. Consider approval of a renewal of a Fuel Facilities Lease for SkyWest. City Manager Esplin explained this is a basically a formality, that the lease has to be approved every year. Mayor Pike called for a motion. MOTION: A motion was made by Councilmember Arial approve the renewal of a Fuel Facilities Lease for SkyWest. SECOND: The motion was seconded by Councilmember Almquist. VOTE: Mayor Pike called for a vote as follows: Councilmember Almquist, aye Councilmember Randall, aye Councilmember Bowcutt, aye Councilmember Arial, aye Councilmember Hughes, aye The vote was unanimous and the motion carried. Consider approval of a special event permit for a concert in the Dixie Sun Bowl on April 16, 2015, Simmons Media and St. George News applicants. Shawna Smith said the request is to add the city as a sponsor of the event as it is planned to be a family friendly event. She indicated the goal is to recreate it every quarter and ask that the council consider that as well. Mayor Pike discussed the streamlining of special event permit process. City Manager Esplin indicated that process is still being worked on. St. George City Council Minutes March 19, 2015 Page Twenty-seven Mayor Pike indicated this action would just approve this event only City Manager Esplin noted that approval of this event would be subject to review of the application. This item has come before the council before staff has had a chance to review the application due to a time constraint on the part of the event organizers with respect to the band. Staff is supportive but would like to review the application. The only real issue is with respect to a request to use the city’s stage. Staff is very concerned about using the city stage for an event outside of city purposes. There have been other requests for use of the stage, which cost over $100,000, and those requests have been denied. Even with the First Night events, bands were required to bring their own stage. Staff feels if others are allowed to use the stage it will get beat up and it will have to be repaired at the city’s cost and the city will be in competition with private sector businesses that provide those items for rent. There was much discussion regarding the events for which the stage is used. Shawna Smith commented that the request to have the city sponsor the event is so that they would be allowed to use the stage and turn it into more of a festival. The organizers believe it will bring additional revenue to the city. Bryan Benware commented that the nearest stage that is the size needed is out of Las Vegas so no local vendors would be hurt. City Manager Esplin commented this could lead to the city being asked to cosponsor every event that comes to town so that the stage could be used. He said if all proceeds were donated to a charity then perhaps it should be considered. He expressed that the city should not be in the business of supporting private businesses. Mr. Benware commented that the city will make more if more people are there. City Manager Esplin expressed concern that the stage costs approximately $125,000 if it is rented to private businesses the city will move into the rental business. How can this request be approved and all others denied. Councilmember Arial commented that if the city wants concerts maybe a stage should be purchased. City Manager Esplin commented that the use of the stage for other downtown events does not equate into the merchants directly making money on the deal. Whereas for this event the organizers are directly making a profit from the concert so it becomes a money making event for a private company. He suggested this is an area the city needs to be very careful with. Matt Loo commented that staff has never put the stage in that location (The Sun Bowl) and it might have to be modified in order to fit through the 12 foot entry. St. George City Council Minutes March 19, 2015 Page Twenty-eight It was noted that a smaller stage was used last July 4th, but the band for this event has requested a larger stage. There was discussion regarding renting as an option but transport makes it cost about $3,000. City Attorney Guzman reminded the council that rental companies recoup their cost for repair and replacement as well as profit. Liability insurance and the repair/replacement cost would have to be added to the agreement. Councilmember Bowcutt asked if the organizers were to use the stage would the city need man-power to assemble and disassemble it. City Attorney Guzman stated city staff would have to assemble and disassemble the stage. Matt Loo commented that it is a four hour process for two people. Shawna Smith commented that whether rental of the stage is approved or not, she’d like the city to sponsor our event. Mayor Pike asked if the organizers can make it work if a stage from Las Vegas has to be rented if the council approves the event tonight. Brian Benware replied yes the contract with the band has been signed. The group discussed the rental fees for the facility, which are $1,000 plus 5% of the total proceeds. City Manager Esplin commented that if the council is inclined to sponsor the event, there is some inherent risk to being a sponsor with regard to liability. He suggested an option is to be a sponsor and waive the $1,000 fee and 5% of the proceeds and require the organizers to clean up the facility so that there are no out of pocket costs for the city. Brian Benware said that would be a good deal. Mayor Pike commented that would give the city a chance to work through this issue. City Manager Esplin indicated if the council is considering sponsoring the event it should be approved if it can be worked out with the city attorney and as a sponsor waive a portion of the fees with no other costs to the city. Mayor Pike said that could be considered this for this one event. City Manager Esplin recommended the motion be subject to working this out with the City Attorney and running it past the special event committee. Mayor Pike called for a motion. St. George City Council Minutes March 19, 2015 Page Twenty-nine MOTION: A motion was made by Councilmember Hughes approving special event permit for a concert in the Dixie Sun Bowl on April 16, 2015, subject to legal review and subject to recommendations by the special event committee and working out the sponsorship. SECOND: The motion was seconded by Councilmember Randall. VOTE: Mayor Pike called for a vote as follows: Councilmember Almquist, aye Councilmember Randall, aye Councilmember Bowcutt, aye Councilmember Arial, aye Councilmember Hughes, aye The vote was unanimous and the motion carried. Consider approval of a resolution setting a fee schedule for the use of the Ridgetop Complex. Matt Loo explained that staff looked at several facilities such as the county fairgrounds. Fees ranged from $250 - $800. St...


City Council Meeting Minutes Minutes 03/01/2018:
...ondary irrigation, Wastewater Collections and Wastewater Treatment Capital Facilities Plan and Impact Fee Facilities Plan Updates.   City Manager Adam explained that the existing Capital Facilities Plans for culinary water, wastewater collections, and wastewater treatment which are outdated.  The last wastewater collections master plan was prepared in 2010, and the culinary water master plain in 2011.  This proposed master plan will combine all water and wastewater, and secondary irrigation into one master plan document.  The cost would be for the amount of $145,106.00.    Mayor Pike mentioned that this is particularly important due to all the development and potential development on the south block, southern parkway.    MOTION:      A motion was made by Councilmember Arial to approve the Professional Service Agreement with Bowen, Collin and Associates for the Culinary Water, Secondary Irrigation, Wastewater Collections and Wastewater Treatment Capital Facilities Plan and Impact Fee Facilities Plan Updates as presented for $145,106.00.             SECOND:        The motion was seconded by Councilmember Baca.             VOTE:             Mayor Pike called for a vote, as follows:                                Councilmember Hughes – aye Councilmember Randall - aye Councilmember Bowcutt – aye Councilmember Arial – aye Councilmember Baca – aye           The vote was unanimous and the motion carried   LOCAL CONSENT: Request for a Class A Beer License.  Location is 275 South River Road. Applicant is Target Corporation.   City Manager Adam stated that Target Corporation is applying for a Class A Beer license (packaged beer for off-site consumption) at 275 South River Road store.  Jarret Shaw, the store manager is the applicant.  The business license office has received all the required information including the background history of the applicant which was clear.    MOTION:      A motion was made by Councilmember Hughes to local consent for a Class A Beer License for Target Corporation located at 275 South River Road as presented.             SECOND:        The motion was seconded by Councilmember Bowcutt. St. George City Council Minutes March 1, 2018 Page Thirteen             VOTE:             Mayor Pike called for a vote, as follows:                                Councilmember Hughes – aye Councilmember Randall - aye Councilmember Bowcutt – aye Councilmember Arial – aye Councilmember Baca – aye                                        The vote was unanimous and the motion carried.   AWARD CONTRACT: Consider approval of contract award for design and detention basin and upgrade storm drainage facilities in the vicinity of 2050 East and Colorado Drive.   Public Works Director Cameron Cutler presented the area to the Council.  He explained that Showed area on map for the proposed detention basin and stated that the hope of this project is create some flood control facilities in the area to protect the homes from possible future flooding, and in doing so would like to help redo the FEMA flooding mapping so that the homes in the area will no longer be in a flood zone.  He stated that this is just for the design of the facility which includes the piping coming out of it.    MOTION:      A motion was made by Councilmember Randall to award the contract for design services for the detention basin and upgrade of storm drainage facilities in the vicinity of 2050 East and Colorado Drive to Bowen Collins and Associates for the amount of $49,588.00.             SECOND:        The motion was seconded by Councilmember Arial.             VOTE:             Mayor Pike called for a vote, as follows:                                Councilmember Hughes – aye Councilmember Randall - aye Councilmember Bowcutt – aye Councilmember Arial – aye Councilmember Baca – aye                                        The vote was unanimous and the motion carried.   PURCHASE AGREEMENT: Consider approval of a purchase and share agreement for fifteen (15) shares of stock in the St. George Valley Irrigation Company.   Water Services Director Scott Taylor explained that the City has been presented with a rare opportunity to purchase 15 shares of stock in the St. George Valley Irrigation Company from BFF Investments, LC.  He explained that the City is the majority shareholder in the irrigation company and the 15 shares would be used to augment     St. George City Council Minutes March 1, 2018 Page Fourteen   and expand the City’s secondary irrigation system in the future.  The Cost to purchase them would be $33,000.00.                                                      MOTION:      A motion was made by Councilmember Randall to approve the purchase and share agreement for fifteen (15) shares of stock in the St. George Valley Irrigation Company for the amount of $33,000.00.             SECOND:        The motion was seconded by Councilmember Baca.             VOTE:             Mayor Pike called for a vote, as follows:                                Councilmember Hughes – aye Councilmember Randall - aye Councilmember Bowcutt – aye Councilmember Arial – aye Councilmember Baca – aye                                        The vote was unanimous and the motion carried.   PROFESSIONAL SERVICE AGREEMENT:             Consider approval of a professional services agreement with Carollo             Engineers for the design of the Gunlock Water Treatment Plant.   Water Services Director Scott Taylor explained that the City has been working for the past few years with the BLM to secure a site for a water treatment plant in the Gunlock Well Field and have finally been able to secure the site and are now ready to begin the design phase of the project, which he anticipates to take the remainder of the year and hopes to begin construction of the plant around this time next year.  He explained that the Washington County Water Conservancy District is looking at building an exact replica of this plant out in the Sand Hollow area, and after discussions with them it was determined that it would be in the best interests of both parties and save costs to combine both projects and have one engineer design both treatment plants.  Mr. Taylor mentioned that in combining these projects there would be potential cost savings in the construction as well.     Councilmember Baca mentioned that when the Council was first looking at this project several years ago, the estimated costs were between 6-7 million dollars.  He asked Mr. Taylor what the estimated costs would be today.  Mr. Taylor said they estimate the cost to be somewhere around 8 million now.    Mayor Pike stated that the legal staff has reviewed and approved this agreement.  He also asked about how much water the plant would be able to treat.  Mr. Taylor stated that initially they will only build half of the design so  they anticipate it to be able to treat 6 million gallons a day.  When complete it should be able to treat twice that much.  Currently the city has eleven wells in the area, two that are currently being used and this plant will begin to pull from the remaining nine.   Councilmember Hughes asked if the amount presented was for both facilities.  Mr. Taylor said yes, of that amount the City would pay 60...


Planning Commission Agenda 08/11/2009:
...zoning is C-3. Ordinance: Section 10-19-9 “Optional Provisions”A. Shared Facilities: Shared parking facilities may be used jointly with parking facilities for other uses when operations are not normally conducted during the same hours, or when peak uses vary. Ray said that this would end with the Planning Commission and would not need to go on to City Council.B. Requests; Guidelines: Requests for shared parking are subject to the approval of the planning commission. Requests shall be subject to the following guidelines:1. Sufficient evidence shall be presented to show that there will be no substantial conflict in the periods of peak demand of uses for which the joint use is proposed.2. The number of parking stalls which may be credited against the requirements for the uses involved will not exceed the number of spaces that may normally be required for any one of the uses sharing the parking.3. Parking facilities should not be located farther than two hundred fifty feet (250') from any use proposing to use such parking and should be contiguous to the businesses sharing the lot.4. A written agreement shall be executed by all parties concerned assuring the continued availability of shared parking facilities in the event that one of the uses shall be sold or otherwise change ownership or management. (1998 Document § 6-9)Comments: 1. The Fire Department will inspect and determine compliance with applicable Fire Codes for group assemblies. They will not get a business license until the Fire Department has done this inspection. 2. The Building Department will inspect and determine compliance with applicable Building Codes for group assemblies.3. Provide evidence that there will be no conflict in the periods of peak demand of uses.4. The number of parking stalls which may be credited against the requirements for the uses involved will not exceed the number of spaces that may normally be required for any one of the uses sharing the parking.5. Parking facilities shall not be located farther than two hundred fifty feet (250') from any use proposing to use such parking and should be contiguous to the businesses sharing the lot. 6. A written agreement shall be executed by all parties concerned assuring the continued availability of shared parking facilities in the event that one of the uses shall be sold or otherwise change ownership or management. (1998 Document § 6-9)7. Clarify what other types of parties or events might also be proposed.Ray also went through the attachments in the Planning Commission report. The letter from Skyler Lawrence, Sunburst Management, was read to give a history of the pool hall and how they have leased the space for over a year and recently expanded into a new location, moving from one suite to another and detailing how they would like to lease out for Quinceaneras. Commissioner Read asked if the ownership of the entire mall was one person. Ray Snyder said that he believes so, it is all under the management of Sunburst, every suite is just leased. Laura Woolsey, the City Business License Officer, came to the podium. Her only concern for approval was the alcohol issue and the landlord as well as the tenant renting the facility agreed that their lease with the individuals leasing the property for events will include that no alcohol will be served there and they will conform to those regulations. She said that as far as security goes, for special events, because they are private parties, there is no other type of requirement from the city. Ms. Woolsey was asked to explain the Quinceanera. She said it is a Spanish, Catholic tradition where the individual comes of age and has what is similar to a 16 year old’s Cotillion. They have a ceremony in the Catholic Church generally, attended by parents and generally a dance is held at a reception center. It is similar to a wedding and is a big event and a big deal to the Hispanic family and the young lady coming of age. It is a religious ceremony with the event at the end where there are parents, grandparents and invited guests that have been a part of the young lady’s life. Chairwoman Shakespeare questioned if that was the only type of event to take place there and Laura said that was her understanding from the applicant. She said they would need to define what type of events he was planning on leasing the facility to, such a birthday parties. Laura said anytime an individual comes in and requests to hold a dance there, that individual will need to come in compliance with the business license regulation for a dance hall, which would require approval from City Council. Those types of events, a dance, a concert, would require the applicant coming in for a special events license for that event to be held there. Laura would require the fire department to go back in to re-inspect the facility, the police department would need to give approval and the City Council would need to give approval. Councilwoman Shakespeare questioned curfew and Laura referred this to Assistant City Attorney Farnsworth who said that if they are with a parent this is fine. It is when the minor is by himself. The City curfew is between midnight and five a.m. that they can’t be out by themselves. If they are with a parent, guardian or other responsible adult that is authorized by the parent to have custody of the minor child, they can be out past those hours. Ms. Woolsey said if he subleases to a business coming in making a profit, not just a private party, then it would be different. She said tonight this is for a shared parking agreement. Laura Woolsey said she will look at the contract and how it is stated with the Art’s facility, as they also dealt with Quinceanera’s. She will look at the hours, so we are on the same page for everyone.Commissioner Read is concerned with how we are addressing this with the shared parking. His understanding was that with shared parking you have adjacent uses and normally separate properties owned by separate individuals. Here we have one shopping mall, all owned by the same thing, the parking requirements are all based on square footage of the whole thing. Commissioner Read told Ray that he calculated 72 spaces and they have 87, so they have enough spaces for the whole thing, but what happens when 10 of these little businesses go out and each one of those decides that they want to stay open past 6:00 p.m. on Saturday nights. There will be no one who comes to tell the Planning Commission about this because usually we have the adjacent property owners saying you’re using my parking when I’m supposed to be using it. Here you have the same owners. Commissioner Read is questioning if this is a shared parking or just a use determination. Because of the use of this property after 6:00, all of the other properties have to close by 6:00 p.m. To him this is a use determination. Assistant City Attorney Farnsworth said there would need to be some type of written agreement recorded for this land. He said code doesn’t address property ownership which in this case is the same, one parcel with one owner.Assistant City Attorney Joseph Farnsworth stated the legal department has not seen any type of legal agreement regarding this and that needs to be done before any type of approval can be issued. Ray said that the options tonight would be to table it or condition it subject to approval by the legal department.Assistant City Attorney Joseph Farnsworth asked if the applicant is here tonight.No one appeared to be here and Ray stated he does call people to remind them. He said this is the first time he’s had a meeting where so many did not show up. Assistant City Attorney Joseph Farnsworth’s recommendation then would be to table it to allow them to come in to address the written agreement and talk to them about their leases because there may be some issues they would like to bring up.Commissioner Taylor questioned the broadness of the other special parties that were mentioned in the narrative vs. what was presented today. He thinks it would be good to have the applicant firm up their intent and spell it out specifically because it would impact the shopping center heavily if they went to some other kind of thing. MOTION: Commissioner Hullinger made a motion to table this item. Commissioner Read seconded it. All voted aye, motion passes. 3. REDUCED SETBACK Consider the reduction of two (2) required side yard setbacks. The first would be the reduction of the required ten foot (10’) setback at the south property line to a one foot (1’) side yard setback. The second would be the reduction of the required ten foot (10’) setback at the north property line to a variable setback of one foot (1’) to five feet (5’). This request is to allow the expansion of a car dealership. The project is “Findlay Hyundai.” Findlay Hyundai is the applicant and Rosenberg and Associates is the representative. The site is located at 1405 South Sunland Drive. The property is C-3 (General Commercial). Case No. 2009-RS-003.Ray Snyder presented this project. This expansion involves a car dealership. In the Ordinance Title 10 Zoning Regulations, Chapter 10 “Commercial Zones” Section 10-10-4 “Area, Setback, and Height requirements”.* Note: Side and rear yard setbacks in the C-2 and C-3 zones may be reduced or eliminated where the Planning Commission determines such setback is unnecessary.Required Setbacks: Front Setback: 20 ft. Street Side: 20 ft.Street Side: 10 ft. Rear: 10 ft.Proposed Setbacks: Front (West / Sunland Drive): N/A Street Side: N/A Side (North) Addition to existing building, varies 1 ft. to 5 ft.Side (South): Addition to existing building, 1 ft.Rear: (East): N/A The applicant shall contact JUC to obtain approval and a memo that no easements are affected. Ray said the applicant is aware of that and he will let them address that when they come up to the podium. The existing dealership building is one story and has a show room. The existing total square footage is 4,800 sq. ft. The expansion would add 1,800 sq. ft. for a total of 6,600 sq. ft. The shop / service area existing square footage is 4,400 sq. ft. The expansion would add 2,000 sq. ft. for a total of 6,400 sq. ft.Ray showed slides of the project including the site plan. He said they do have room to expand. Chapter 19 “Off Street Parking Requirements”, Section 10-19-5 “Nonresidential Area Requirements” requires one (1) space for each seven (7) displayed vehicles + 2 for management. It appears there is room for approximately 100 vehicles to be displayed on site. There are approximately 27 spaces behind the showroom building. The applicant can comment upon where designated customer parking spaces will be on site. There appears to be ample parking provided.Chapter 19 “Off Street Parking Requirements”, Section 10-19-5 “Nonresidential Area Requirements” requires one (1) parking space for each 400 sq. ft. of gross floor area for automotive supply and repair. For 6,400 / 400 = 16 spaces required. It appears there will be ample parking to accommodate the service center on this site because there will be ten (10) bays and thirteen parking spaces along the rear property line.Chapter 19 “Off Street Parking Requirements”, Section 10-19-5 “Nonresidential Area Requirements” states: “Notwithstanding all provisions of this section, the planning commission shall take into account in each instance of nonresidential parking the type of development, use, location, adjoining uses and possible future uses in setting parking requirement, and it shall recommend to the city council a requirement of that number of spaces that it deems reasonably necessary in each instance for all employees, business vehicles and equipment, customers, clients and patients of such nonresidential property.The building materials will match the existing building. This site shall meet the requirements of Chapter 25 “Landscaping.” Staff has talked to them about this in Planning Staff Review. Staff supports the request of the reduced setbacks. A reduced setback is only acted upon by the Planning Commission. Ray said no council action would be required. The applicant is aware that they need to show a 54” diameter minimum pipe for detention as well as the easement for the catch basin shown on the plans. He also went over the Planning Staff Review meeting and comments by staff at that meeting.Ray stated that the applicant’s representatives, Shawn and Mike Robinson with Rosenberg Associates, are here for any questioning. Mike and Shawn Robinson came to the podium. Mike stated that the applicant owns both sites. They will master plan around this reduced setback so that it all basically works together. Site distance was discussed to help traffic flow due to the radius at the site. They are master planning dealerships for sites next to them. All of these sites will basically work together and flow through. Any negative impacts would only involve what they are currently developing. Detention was addressed by Mike Robinson. Currently it is an above ground detention in the parking lot, it is designed to back the water up. Because they are extending the building, it eliminates approximately half of the detention previously approved for there. They will re-route the water. A storm drain is right behind their property, but the property is the best access for the storm drain. They will bring their storm drain along side and drop it into a catch basin. They will use large pipes to do that. Shawn Robinson said that a sewer easement will go to 25 ft. and give them access to upgrade the line at a later date. They have no future plans for the other two dealerships to put anything into that easement. They are in the process of going to their surveyors to get it dedicated.Ray Snyder said that they must have 15 ft. of landscaping in the front and they are aware of this. This is to comply with Chapter 25 landscaping. Interior they must have 5% landscaping.Ray Snyder said a shared driveway will be put in later.MOTION: Commissioner Nobis made a motion to approve item # 3, with the following stipulations about the detention and the 54 in. pipe Ray talked about so that they continue with the catch basin, landscape compliance with the frontage and also the interior. Commissioner Taylor seconded it. All voted aye, motion passes. Discussion: Commissioner Read asked if a deceleration lane should be added into the motion pursuant to what Development Services requires. Mike Robinson said he would hate to see that included as it may not be the best solution for this area, they still have to do the studies. Ray said Jay Sandberg and the Traffic Engineer will have to look at that. Ray said ultimately they will be doing a site plan review. Assistant City Attorney Joseph Farnsworth said a deceleration lane is not necessary to determine a reduced setback. VOTING: All voted aye, motion passes. 4. ZONING REGULATION AMENDMENT (5:00 P.M.)Consider a zoning regulation amendment to the City Zoning Regulations, Title 10 Zoning Regulations, Chapter 10 “Commercial Zones”, Section 10-10-2 “Permitted Uses” to add under the section “Amusement centers, recreation and entertainment facilities, including the following and similar uses;” an in-door shooting...


Planning Commission Minutes 04/13/2010:
...e proposed:Site #1; This site could contain several wireless communication facilities varying in height from fifty feet (50’) to one hundred feet (100’). Wireless service providers would co-locate. Access would be provided directly from the Southern Parkway on an existing ‘two-track’ service road which goes to the top of Little Black Mountain. The existing service road would be extended approximately 2,000 feet. A water tank is also planned near site #1 and would share the service road. The site is relatively flat requiring minimal grading. This site would require a relay site and site #2 would be that relay site. Site #2; This site could contain several wireless facilities varying in height from fifty feet (50’) to one hundred feet (100’). Wireless service providers would co-locate. Access is provided from Banded Hills Drive, the roadway that provides access to the General Aviation side of the Replacement Airport. The proposed site will require some grading. The access road would be constructed as a gravel road to minimize disturbance.Site #3; This site could contain several wireless facilities varying in height from fifty feet (50’) to one hundred feet (100’). Wireless service providers would co-locate. Access is through the Tonaquint Ridge Planned Development and would utilize an existing ‘two-track’ road to the area. Minimal grading is proposed.Ray stated that the zoning is:1. R-1-10 (under the Desert Canyons Master Plan)2. ASBP (Airport Zoning)3. R-1-40 Title 10, Section 22 “Wireless Telecommunication Facilities”, Section 10-22-3 (A) “Required: A site location development master plan shall be submitted by each company desiring placement of wireless telecommunication facilities. The development master plan shall be submitted and accepted by the Planning Commission prior to the processing of any permits for permitted or conditional use locations.” Title 10, Section 22 “Wireless Telecommunication Facilities”, Section 10-22-3 (B) “Future Amendments: Future amendments of a significant nature to each company’s development master plan shall be submitted and reviewed by the Planning Commission prior to approval of additional facility location. The development master plan shall show approximate locations of future facilities, and provide specific locations when possible, but are not required to detail the specific type (i.e., pole, roof, wall mount) of facility. The Community Development Director shall determine whether changes in the development master plan are significant enough to require Planning Commission review.Title 10, Section 22 “Wireless Telecommunication Facilities”, Section 10-22-3 (C) “Facility Types: Monopole With Antennas ...


Planning Commission Minutes 08/11/2009:
...zoning is C-3. Ordinance: Section 10-19-9 “Optional Provisions”A. Shared Facilities: Shared parking facilities may be used jointly with parking facilities for other uses when operations are not normally conducted during the same hours, or when peak uses vary. Ray said that this would end with the Planning Commission and would not need to go on to City Council.B. Requests; Guidelines: Requests for shared parking are subject to the approval of the planning commission. Requests shall be subject to the following guidelines:1. Sufficient evidence shall be presented to show that there will be no substantial conflict in the periods of peak demand of uses for which the joint use is proposed.2. The number of parking stalls which may be credited against the requirements for the uses involved will not exceed the number of spaces that may normally be required for any one of the uses sharing the parking.3. Parking facilities should not be located farther than two hundred fifty feet (250') from any use proposing to use such parking and should be contiguous to the businesses sharing the lot.4. A written agreement shall be executed by all parties concerned assuring the continued availability of shared parking facilities in the event that one of the uses shall be sold or otherwise change ownership or management. (1998 Document § 6-9)Comments: 1. The Fire Department will inspect and determine compliance with applicable Fire Codes for group assemblies. They will not get a business license until the Fire Department has done this inspection. 2. The Building Department will inspect and determine compliance with applicable Building Codes for group assemblies.3. Provide evidence that there will be no conflict in the periods of peak demand of uses.4. The number of parking stalls which may be credited against the requirements for the uses involved will not exceed the number of spaces that may normally be required for any one of the uses sharing the parking.5. Parking facilities shall not be located farther than two hundred fifty feet (250') from any use proposing to use such parking and should be contiguous to the businesses sharing the lot. 6. A written agreement shall be executed by all parties concerned assuring the continued availability of shared parking facilities in the event that one of the uses shall be sold or otherwise change ownership or management. (1998 Document § 6-9)7. Clarify what other types of parties or events might also be proposed.Ray also went through the attachments in the Planning Commission report. The letter from Skyler Lawrence, Sunburst Management, was read to give a history of the pool hall and how they have leased the space for over a year and recently expanded into a new location, moving from one suite to another and detailing how they would like to lease out for Quinceaneras. Commissioner Read asked if the ownership of the entire mall was one person. Ray Snyder said that he believes so, it is all under the management of Sunburst, every suite is just leased. Laura Woolsey, the City Business License Officer, came to the podium. Her only concern for approval was the alcohol issue and the landlord as well as the tenant renting the facility agreed that their lease with the individuals leasing the property for events will include that no alcohol will be served there and they will conform to those regulations. She said that as far as security goes, for special events, because they are private parties, there is no other type of requirement from the city. Ms. Woolsey was asked to explain the Quinceanera. She said it is a Spanish, Catholic tradition where the individual comes of age and has what is similar to a 16 year old’s Cotillion. They have a ceremony in the Catholic Church generally, attended by parents and generally a dance is held at a reception center. It is similar to a wedding and is a big event and a big deal to the Hispanic family and the young lady coming of age. It is a religious ceremony with the event at the end where there are parents, grandparents and invited guests that have been a part of the young lady’s life. Chairwoman Shakespeare questioned if that was the only type of event to take place there and Laura said that was her understanding from the applicant. She said they would need to define what type of events he was planning on leasing the facility to, such a birthday parties. Laura said anytime an individual comes in and requests to hold a dance there, that individual will need to come in compliance with the business license regulation for a dance hall, which would require approval from City Council. Those types of events, a dance, a concert, would require the applicant coming in for a special events license for that event to be held there. Laura would require the fire department to go back in to re-inspect the facility, the police department would need to give approval and the City Council would need to give approval. Councilwoman Shakespeare questioned curfew and Laura referred this to Assistant City Attorney Farnsworth who said that if they are with a parent this is fine. It is when the minor is by himself. The City curfew is between midnight and five a.m. that they can’t be out by themselves. If they are with a parent, guardian or other responsible adult that is authorized by the parent to have custody of the minor child, they can be out past those hours. Ms. Woolsey said if he subleases to a business coming in making a profit, not just a private party, then it would be different. She said tonight this is for a shared parking agreement. Laura Woolsey said she will look at the contract and how it is stated with the Art’s facility, as they also dealt with Quinceanera’s. She will look at the hours, so we are on the same page for everyone.Commissioner Read is concerned with how we are addressing this with the shared parking. His understanding was that with shared parking you have adjacent uses and normally separate properties owned by separate individuals. Here we have one shopping mall, all owned by the same thing, the parking requirements are all based on square footage of the whole thing. Commissioner Read told Ray that he calculated 72 spaces and they have 87, so they have enough spaces for the whole thing, but what happens when 10 of these little businesses go out and each one of those decides that they want to stay open past 6:00 p.m. on Saturday nights. There will be no one who comes to tell the Planning Commission about this because usually we have the adjacent property owners saying you’re using my parking when I’m supposed to be using it. Here you have the same owners. Commissioner Read is questioning if this is a shared parking or just a use determination. Because of the use of this property after 6:00, all of the other properties have to close by 6:00 p.m. To him this is a use determination. Assistant City Attorney Farnsworth said there would need to be some type of written agreement recorded for this land. He said code doesn’t address property ownership which in this case is the same, one parcel with one owner.Assistant City Attorney Joseph Farnsworth stated the legal department has not seen any type of legal agreement regarding this and that needs to be done before any type of approval can be issued. Ray said that the options tonight would be to table it or condition it subject to approval by the legal department.Assistant City Attorney Joseph Farnsworth asked if the applicant is here tonight.No one appeared to be here and Ray stated he does call people to remind them. He said this is the first time he’s had a meeting where so many did not show up. Assistant City Attorney Joseph Farnsworth’s recommendation then would be to table it to allow them to come in to address the written agreement and talk to them about their leases because there may be some issues they would like to bring up.Commissioner Taylor questioned the broadness of the other special parties that were mentioned in the narrative vs. what was presented today. He thinks it would be good to have the applicant firm up their intent and spell it out specifically because it would impact the shopping center heavily if they went to some other kind of thing. MOTION: Commissioner Hullinger made a motion to table this item. Commissioner Read seconded it. All voted aye, motion passes. 3. REDUCED SETBACK Consider the reduction of two (2) required side yard setbacks. The first would be the reduction of the required ten foot (10’) setback at the south property line to a one foot (1’) side yard setback. The second would be the reduction of the required ten foot (10’) setback at the north property line to a variable setback of one foot (1’) to five feet (5’). This request is to allow the expansion of a car dealership. The project is “Findlay Hyundai.” Findlay Hyundai is the applicant and Rosenberg and Associates is the representative. The site is located at 1405 South Sunland Drive. The property is C-3 (General Commercial). Case No. 2009-RS-003.Ray Snyder presented this project. This expansion involves a car dealership. In the Ordinance Title 10 Zoning Regulations, Chapter 10 “Commercial Zones” Section 10-10-4 “Area, Setback, and Height requirements”.* Note: Side and rear yard setbacks in the C-2 and C-3 zones may be reduced or eliminated where the Planning Commission determines such setback is unnecessary.Required Setbacks: Front Setback: 20 ft. Street Side: 20 ft.Street Side: 10 ft. Rear: 10 ft.Proposed Setbacks: Front (West / Sunland Drive): N/A Street Side: N/A Side (North) Addition to existing building, varies 1 ft. to 5 ft.Side (South): Addition to existing building, 1 ft.Rear: (East): N/A The applicant shall contact JUC to obtain approval and a memo that no easements are affected. Ray said the applicant is aware of that and he will let them address that when they come up to the podium. The existing dealership building is one story and has a show room. The existing total square footage is 4,800 sq. ft. The expansion would add 1,800 sq. ft. for a total of 6,600 sq. ft. The shop / service area existing square footage is 4,400 sq. ft. The expansion would add 2,000 sq. ft. for a total of 6,400 sq. ft.Ray showed slides of the project including the site plan. He said they do have room to expand. Chapter 19 “Off Street Parking Requirements”, Section 10-19-5 “Nonresidential Area Requirements” requires one (1) space for each seven (7) displayed vehicles + 2 for management. It appears there is room for approximately 100 vehicles to be displayed on site. There are approximately 27 spaces behind the showroom building. The applicant can comment upon where designated customer parking spaces will be on site. There appears to be ample parking provided.Chapter 19 “Off Street Parking Requirements”, Section 10-19-5 “Nonresidential Area Requirements” requires one (1) parking space for each 400 sq. ft. of gross floor area for automotive supply and repair. For 6,400 / 400 = 16 spaces required. It appears there will be ample parking to accommodate the service center on this site because there will be ten (10) bays and thirteen parking spaces along the rear property line.Chapter 19 “Off Street Parking Requirements”, Section 10-19-5 “Nonresidential Area Requirements” states: “Notwithstanding all provisions of this section, the planning commission shall take into account in each instance of nonresidential parking the type of development, use, location, adjoining uses and possible future uses in setting parking requirement, and it shall recommend to the city council a requirement of that number of spaces that it deems reasonably necessary in each instance for all employees, business vehicles and equipment, customers, clients and patients of such nonresidential property.The building materials will match the existing building. This site shall meet the requirements of Chapter 25 “Landscaping.” Staff has talked to them about this in Planning Staff Review. Staff supports the request of the reduced setbacks. A reduced setback is only acted upon by the Planning Commission. Ray said no council action would be required. The applicant is aware that they need to show a 54” diameter minimum pipe for detention as well as the easement for the catch basin shown on the plans. He also went over the Planning Staff Review meeting and comments by staff at that meeting.Ray stated that the applicant’s representatives, Shawn and Mike Robinson with Rosenberg Associates, are here for any questioning. Mike and Shawn Robinson came to the podium. Mike stated that the applicant owns both sites. They will master plan around this reduced setback so that it all basically works together. Site distance was discussed to help traffic flow due to the radius at the site. They are master planning dealerships for sites next to them. All of these sites will basically work together and flow through. Any negative impacts would only involve what they are currently developing. Detention was addressed by Mike Robinson. Currently it is an above ground detention in the parking lot, it is designed to back the water up. Because they are extending the building, it eliminates approximately half of the detention previously approved for there. They will re-route the water. A storm drain is right behind their property, but the property is the best access for the storm drain. They will bring their storm drain along side and drop it into a catch basin. They will use large pipes to do that. Shawn Robinson said that a sewer easement will go to 25 ft. and give them access to upgrade the line at a later date. They have no future plans for the other two dealerships to put anything into that easement. They are in the process of going to their surveyors to get it dedicated.Ray Snyder said that they must have 15 ft. of landscaping in the front and they are aware of this. This is to comply with Chapter 25 landscaping. Interior they must have 5% landscaping.Ray Snyder said a shared driveway will be put in later.MOTION: Commissioner Nobis made a motion to approve item # 3, with the following stipulations about the detention and the 54 in. pipe Ray talked about so that they continue with the catch basin, landscape compliance with the frontage and also the interior. Commissioner Taylor seconded it. All voted aye, motion passes. Discussion: Commissioner Read asked if a deceleration lane should be added into the motion pursuant to what Development Services requires. Mike Robinson said he would hate to see that included as it may not be the best solution for this area, they still have to do the studies. Ray said Jay Sandberg and the Traffic Engineer will have to look at that. Ray said ultimately they will be doing a site plan review. Assistant City Attorney Joseph Farnsworth said a deceleration lane is not necessary to determine a reduced setback. VOTING: All voted aye, motion passes. 4. ZONING REGULATION AMENDMENT (5:00 P.M.)Consider a zoning regulation amendment to the City Zoning Regulations, Title 10 Zoning Regulations, Chapter 10 “Commercial Zones”, Section 10-10-2 “Permitted Uses” to add under the section “Amusement centers, recreation and entertainment facilities, including the following and similar uses;” an in-door shooting...


City Council Minutes 05/26/2005:
...ion regarding requiring stationary caterers to provide restrooms and other facilities needed for public events. There was discussion regarding violations such as consumption of alcohol and sales of merchandise such as leather goods. Laura Woolsey indicated one caterer, Mr. Flores, is required by the schools to have portable restroom facilities. City Attorney Guzman commented for the last two Sundays he has gone to the Sunbowl and Coral Cliffs Elementary. He didn?t see any alcohol or other violations; smoking was the worst thing going on. Mr. St. John indicated there are people from other areas that come only on Sunday with special types of merchandise to sell. These vendors don?t have a license and should not be there. He indicated another issue that needs to be addressed is the people that stand around the stable caters and conduct business that is not appropriate. City Manager Esplin commented that if the change in the ordinance creates different problems; the council can address those issues at that time. An unnamed man asked who is selling other types of merchandise; he stated he hasn?t seen leather goods being sold. Mr. St. John asked for the City to designate one person that he can go do if there are problems. He asked for better enforcement to bring these community problems to a halt. The group discussed how to solve the problem. One option is to disallow all mobile caterers. City Manager Esplin stated Ms Woolsey has dealt with specific issues as they have come to the attention of staff. The current problem is a technical violation of the ordinance, but he doesn?t see it as a major problem for stationary caterers to be at the park one day a week. Ms. Woolsey will be the staff member to contact with regard to licensing issues and she can contact the appropriate staff member if there are other problems. As licenses are renewed vendors will have to be to meet the requirements of the ordinance. Mr. St. John person expressed concerns with Coral Cliffs School. City Manager Esplin commented the police should be notified of violations. Laura Woolsey suggested the changes include a stipulation that if a specific number of violations occur the vendor will be required to go before the council and face possible revocation of their license. Council Member Allen suggested the type of violation should also be taken into account when deciding the vendor goes to council for review. The group discussed what has to be done to comply with ordinance while the changes are being drafted and presented to the council for approval. City Attorney Guzman suggested allowing the caterers to continue to operate as they have been while staff drafts the ordinance. Mr. St. John man suggested enforcing the ordinance as it stands now. Laura Woolsey stated that in the year 2000 there was a problem with a mobile caterer operating in City parks in violation of the ordinance. Staff went to the council to ask for this to be allowed; council changed the ordinance to allow mobile caterers to operate in the parks. Mr. St. John stated during the time it took to change the ordinance, those mobile vendors were ticketed for violating the ordinance. He thinks the ordinance has to be enforced as it is right now. Mayor McArthur asked if the council can allow the ordinance to be violated during the time it takes to change the ordinance. City Manager Esplin said the council can allow the ordinance to be suspended and require operation to be conducted in such a manner as agreed on until the changes are made. Mayor McArthur and the council indicated this would be acceptable. Discussion concerning uses in neighborhood parks Present for this discussion: Matt Loo, Sergeant David Moss, Chief Stratton, Marc Mortensen, Leisure Services Kent Perkins Mayor McArthur indicated the issue concerns whether or not to install a restroom in Cox Park. City Manager Esplin explained City policy is to have restroom facilities in all neighborhood parks. There is a concern from staff that if council approves no restrooms in this park; will there be other requests for exemptions and how many parks will not have restroom facilities. There was a general discussion concerning the policy of restrooms in parks. Funds are not always available to build restrooms at the time some parks are constructed, but as funds become available, restrooms are built. Members of the audience raised concerns regarding crimes occurring in restrooms. Sergeant Moss explained there are some problems in restrooms in the parks, primarily vandalism. He reviewed police reports for Snow, Vernon Worthen and Bluff Street parks. There were about 140 police calls to the parks since January 2004. Of those incidents there were two reports of problems in the restrooms and they were graffiti problems. He then ran a search of park violations back to 1987 and found only a few issues of problems in bathrooms, none of which were violent crimes. Leisure Services Perkins explained there is only one stall on each side of the restroom (male and female side). The buildings are block constructed. The restrooms can be locked electronically or by hand. He commented the Parks Department has received a number of calls over the years concerning the lack of restroom facilities. Members of the audience expressed concern regarding the amount of unreported crimes with respect to restrooms, troubled youth that are brought in by the van full and may use the restrooms to commit crimes. The group discussed the possible new school that will be located in the area with soccer or ball fields and possibly constructing a restroom as part of that facility that can be used by those using the park. Council Member Orton indicated he doesn?t know how can the City can provide a public park and not have public restrooms. He stated the council is a steward of tax payer?s money, so it can?t construct facilities that are only for use by those living on one block; it has to provide facilities for the general public. Audience members voiced concern regarding the transient population along the river and that a restroom would lure this population in the neighborhood. The fence along the river was discussed. Audience members didn?t feel it was adequate to keep people out of the park as children climb over it. There was discussion of restrooms in the area, such as Harmon?s Grocery Store that are accessible to park users that don?t live in the area. An unnamed woman commented she witnessed a man bathing and shaving in the water fountain. Mayor McArthur detailed the property swap with the County, School District and City to facilitate the building of a new school and courthouse. Restrooms in schools are inside the schools. He suggested moving the restroom to another location within the park. There was discussion of locating the restroom south of the tennis courts. Chief Stratton commented that since the flood the area has been cleared of vegetation, the bike patrol now monitors the area to prevent the homeless from living there. He has also instructed motorcycle officers to patrol the areas along the rivers and trails. He asked the audience to call the police if they see anything of concern. Council Member Gardner complimented the police for being so proactive in taking care of community problems. He indicated it is encouraging to see the neighborhood rallying to protect kids, however, there are times when an individual needs a restroom is needed immediately and driving to a gas station or grocery store is not an option. He indicated the City has a responsibility to provide restrooms for the public at City facilities. Members of the audience expressed concern about inmates from...


Planning Commission Minutes 03/24/2009:
...equate to handle four people. The State rule which governs assisted living facilities, which is R432-6 requires that there is a minimum of two persons to have a Type 1 Assisted Living facility. She has to have at least two people anyway. The hours of operation will be seven days a week, twenty four hours a day. The applicant does have adequate parking however the applicant would need to pave the gravel area shown on the plan to accommodate three cars.The adjacent residences are all single family residences. Ordinance Title 10, chapter 7 Article B was read for the audience. “H” states that it is not operated as a “business” as defined in section 3-1-3 of this code; provided, that any fee charged for food or for actual or necessary costs of operation and maintenance of the facility shall not by themselves cause it to be considered a business”. There is a conflict with the current State Licensure requirements R432-6 regarding Assisted Living Facilities. Assistant City Attorney Joseph Farnsworth is looking into this conflict for the City.Under the safety category of the findings, she will need to meet all the current fire codes. There will be no increase in traffic because these individuals will not be driving; if they do they may have just one car. There are no similar facilities within ¾ of a mile. For public health, she will have to meet all of the state requirements.There had been no comments from neighbors until a letter was received today from Mr. and Mrs. Blake. This was read into the record. It stated: “We purchased a home in this single family neighborhood two years ago. We are now faced with a neighbor who wants to turn her home into a business. We feel that allowing this change will open the neighborhood to many changes in the future that would not be desirable. We would like to see this area stay a single family residence. We hope this change is not permitted.”Comments from staff included the client complying with all fire department regulations including escape routes, paving of the gravel area to complement the paved service existing and also recommends that the service be limited to four persons and staff recommends approval.Acting Chairman Ron Bracken mentioned that the gravel area appears to be in the front set back area and that would not be allowed for workers parking. Craig stated that there is additional room for parking in the rear of her property; there is a concrete pad they could park cars on. Acting Chairman Ron Bracken asked how many parking spaces would be required totally. Joseph Farnsworth, Assistant City Attorney, said that in section 10-19-5 it says for nursing homes, care centers and assisted living, one parking space for each 3 beds except where skilled care is provided the requirement is one parking space for every two beds. Where there is staff, it would be one space for every two beds.Bob Nicholson, Community Development Director, came to the podium and said that per Code 10-14 Section 21, Residential Facilities for Persons with Disabilities, the minimum number of parking spaces required shall be the same as those required for a dwelling (that would be 2) plus one for each support staff employed on the premises of the facility. Acting Chairman Ron Bracken questioned whether it is the support staff hired or the support staff on duty.Bob Nicholson thinks that would mean whoever is there at that time. Acting Chairman Ron Bracken said that would come to 6 spaces. Commissioner Read asked what the State staff requirements are for four beds. He also asked if this needs to be re-advertized again since the change is for four clients instead of two. Assistant City Attorney Joseph Farnsworth said he will look into whether it needs to be re-noticed since he was only notified of this change a few moments before this meeting.Craig Harvey stated that this is not a public hearing and it shouldn’t need to be noticed, other than letters to neighbors. Commissioner Read asked if adjacent property owners had been sent letters. Craig said yes, letters had been sent out. Joseph Farnsworth said his initial reaction would be that it would need to be re-noticed, he will look into that.The applicant Diana Mass came to the podium and said the staffing will be 12 hour shifts with two people during the day and one at night. She said she has parking already for her personal caregivers. She also said that she has a gate and two cars could park there very easily and there is still room for them to pull out and another car to still be there. Diana stated that when the State came and talked to her, they did not make requirements about her parking. Acting Commissioner Bracken said that would be for the City to determine. She said staffing requirements are according to the State.Commissioner Read asked what the evening hours would be. Diana Mass said it would be from 8 pm to 6 am. There would be two staff up to 8:00 p.m. Once the clients go to bed, they have two hour checks. Commissioner Read also asked the state requirement ratio and she said it is one staff to four beds. Her intent is to do two beds. The reason she put in for four is because the bedroom size according to the State allows for a married couple or two men or two women to share a room. This is why it had to be stated four individuals. Commissioner Read asked how many bedrooms she has opened and the answer was two. Commissioner Read also asked about her many years of experience listed in her narrative. Diana stated that she owned and operated her own business since she was 24 yrs of age until 58 years of age, which she is now. It was in construction and health care. She was also care giver for her daughter for 23 years. She also sat on many different boards in Colorado.Commissioner Read asked who lives in the house at this time. She stated that she is the only occupant; however the house is owned as joint tenancy with her ex-husband. Her ex-husband is aware of her plans for the business. Acting Chairman Ron Bracken stated that he assumes she wants to do this as a good way to supplement the income plus she already had staff there to help her out and her facilities are already there to make it more economical and feasible. Diana stated that is part of the reason. She doesn’t have anyone in her family who lives near her. She spends all of her time either at school or home alone. She would like to have other people in her home for company. She also enjoys her volunteer work in acute rehab at the hospital. She has room in her home and the staff and she said she would really enjoy doing this. She even looked into being a director. She doesn’t need to do be a director to do this, but her qualifications would allow that. She has management skills and had up to three hundred employees in her own business at one time. Staffing and managing a business would not be a problem for her. Diana explained that assisted living type 1 people are people who can come and go on their own. They can in the case of a fire crawl out the window or come out the front door. She even has automatic door openers on her front door. They just need limited assisting, this is the in between stage where you may just need someone to oversee what you are doing, help with dressing, bathing, have nutritious meals, etc. Many times people with disabilities are left alone and isolated. This would give them an opportunity to have other people around as well. Diana stated that it’s been a proven fact that it helps with their mentality, how they feel emotionally and gives them a sense of belonging by being in a home. Craig Harvey came to the podium with the staff idea that perhaps the Planning Commission could recommend approval for two individuals tonight and waive the fee for coming back at a later time, once we resolve the parking issues, for two additional clients at a later time. Acting Chairman Ron Bracken said that might be the way to approach this. That way she would not be held up due to the advertising. Craig Harvey said then a letter could be sent out saying four individuals. Diana is the home owner and would not be counted in the staff needed for clients. She has her own personal staff member. Assistant City Attorney Joseph Farnsworth stated that the staffing requirement would be dictated by the state, but it is still something the Planning Commission can require because you’re looking at how many occupants would be in there, how many cars are going to be there and what kind of impact it will have on the neighborhood. Tonight’s application is for two elderly clients and one staff member during the day for them and one staff member during the evening. Commissioner Taylor asked if it would be acceptable to the applicant if they act tonight on what was placed before them for two clients and see how that works out for her with parking and all, and if she feels she needs to make an adjustment return and make an adjustment.Diana said this would be fine to go ahead tonight, it would just mean if two people wished to share a room they wouldn’t be able to. Acting Chairman Bracken said that staff said that they would waive her coming back the second time because they had the wrong number to start with. She can go forward with that and then a month or two or three or four down the road if she decides to, she can come back and ask for the other two.Assistant City Attorney Farnsworth stated that to clarify, tonight is just for two and if the applicant wants to add to that number she can later on. Commissioner Nobis said it could be tabled tonight and she could come back later once it is re-noticed at four clients.Attorney Farnsworth said it could be tabled to further adjust the residency issue as well as the parking issues It sounds like there is confusion amongst the Planning Commission and possibly the city staff too. That might be the best course of action if the applicant is agreeable to table it to revise things and re-notice it properly.Audience members were invited to come forward.Kit Vowles came to the podium. He is here with his wife, Valerie Vowles, and they live at 1482 E 1850 S, directly across the street from Diana. They want to go on the record as being opposed to allowing an assisted living center at this location. They are not opposed to Diana personally, or her living in her own home as long as she desires. They are only opposed to the proposed change. 23 yrs ago, the Vowles purchased lot # 23 in Quail Valley Estates. They could have purchased in a similar size lot in Bloomington Hills for ½ the price. They were attracted to the fact that this was a nice neighborhood that had covenants and restrictions that governed the use of the property and protected the rights of all of the residents in the neighborhood. He read from paragraph one in the covenants which describes the use of the land; “Use of land: No lot shall be used except for single family residential purposes and no lot shall contain more than one habitable structure. No building shall be erected, altered, placed or permitted to remain on any lot other than one detached single family dwelling”. They do not feel that this CUP complies with the covenants.Kit Vowles wanted to address the parking. Paragraph #3 in the covenants states: “Driveways shall be constructed of cement or other approved hard materials. Driveways consisting of cinder, sand, gravel or dirt shall not be permitted on any lot”. Currently Diana parks her car in her garage and her caregiver parks on the landscaped cinders. He thinks that with her caretakers and clients with their potential vehicles and guests, this could involve 5 to 7 cars. He doesn’t feel that there is adequate parking available. Mr. Vowles further commented on Diana’s personal physical status. Mr. Vowles also questioned if her current 1700 sq. ft. 2 bathroom home where Diana intends to house 5-7 unrelated people is in compliance with ADA standards. If it is not, what is necessary by way of additions, remodeling and changing the appearance of the home to bring it into compliance? She has a nice master suite, which leaves 5-6 other people to share one small bathroom. He questions if she would have on hand 24-7 competent, trained, certified staffing ready to administer medications and to handle medical emergencies or will she rely on neighbors in an effort to cut costs and make this a profitable business venture for her. Diana has from time to time put her house on the market for sale. He questioned what guarantees they have as neighboring property owners that would prohibit this house from becoming another business venture that is even less desirable than the one proposed.Mr. Vowles concluded that they are not against Diana, nor are they against her living in her home. They are against this CUP. He asked if we’d like a copy of the covenants.Assistant City Attorney Joseph Farnsworth stated that was not necessary, but thanks for supplying the information.Terry Hawks came to the podium. He is a disability advocate and has known Diana for several years. He wants to speak on her behalf and said that she a very capable individual and is in her third year of going to Dixie College in drafting. She is a very ambitious person. He has worked with Diana on this project for a couple of years. She always was talking about having two individuals. She never spoke of having a large operation. There was some talk about the medical, and he said they will need to develop a medical plan. They are working with another home agency that was successful in getting the same type of request approved. Diana is a conscientious and caring person and would not go into this in a haphazard way. They have been working on this for some time now. Diana Mass came back to the podium. She said the covenants that were mentioned for Quail Valley have been expired for several years. There are other people in her community, in that little niche, that have many home based businesses as well. Many neighbors have large families and have many cars. Her cars are the least amount in the neighborhood even if she had four cars. She said that if her clients had guests visit, they would just park on the street, like a normal visitor would for anyone else in the community. She went on to say that this is an emotional thing for the neighbors and a business side for her. She stated that she loves her community as well as they do and she wouldn’t do anything to change that. Her home just happens to be very handicapped accessible because she remodeled it and made it so. Diana went on to say that her health is not part of this issue, it is about whether she is qualified and meets the guidelines through the State and the City. The State does many checkups and she must meet all the requirements every time. This is why she has been working on it for two years. When the health care plan is done, all must be in place. Scheduled meals and scheduled activities are part of the requirements. It is very structured and well run if you do what you are supposed to do. She will be under scrutiny. The fire department has come to her home and checked things out. The bathroom they will be using is shared by the two clients and the care giver. They could use her master bathroom in an emergency. She thinks she has meet all of the requirements for the city and she is not the only person in her neighborhood that has three cars. Commissioner Read questioned the overnight person. Diana said that the overnight staff person can not go to bed, must be awake, must make rounds every two hours to be sure they are still breathing and to check if they need anything. She has intercom systems set up where the caregiver is and the people have one in their room. It is monitored at all times.Commissioner Taylor said there are some things they need to be aware of in this consideration. One is what would happen to the property if it came up for sale. He said a conditional use permit goes with the property, not the owner. If the CUP is granted for the property and the property comes up for sale, the CUP continues to be in force. Commissioner Taylor stated that is something that needs to be considered. Another thing that would need to be considered would be the traffic situation, the amount of automobile traffic that may be created. He said that will increase some, however he doesn’t think it would be an alarming issue. His biggest concern is the conditional use permit going with the property.Commissioner Nobis asked Diana Mass if she wanted the Planning Commission to table it for four or to try to approve it for two people tonight.Diana said she would just go with the two people tonight.Joseph Farnsworth, Assistant City Attorney, want to ask a question before the motion as to whether the parking requirements have been established and if they are satisfied for this type of use. Craig Harvey said that city staff has determined that a residence would require two spaces and two spaces would be required for the staff. You would have to condition it for four spaces.Joseph Farnsworth referring back to the issue of the subdivision’s CCR’s, stated that CCR’s typically do run with the land and are recorded and stay with the land forever. If that is an issue with the residents, it will not be something the City enforces. It is something that as property owners they have the right to enforce their CCR’s and the City does not get involved in this. Diana Mass stated that her CCR’s were to run for 20 years and the 20 year time period is over.Assistant City Attorney Joseph Farnsworth stated he wasn’t giving an opinion on the CCR’s, he just wanted to bring that issue up.MOTION: Commissioner Taylor said that although he is empathetic with the desires and purposes of Diana Mass in making this request, he finds that this use is inconsistent with the neighborhood and would be a departure from the environment of the neighborhood; for that reason he moves that the Planning Commission deny the request for this conditional use permit. Assistant City Attorney Joseph Farnsworth asked Commission Taylor to please go over the factors and elaborate a little more on that, the seven factors in the “findings” on pages 2 and 3 in the report.Commissioner Taylor stated that his primary concern is the twenty four hours of operation and that this becomes a business use in a residential area. To the extent feasible, non-residential uses or business uses allowed in residential areas conditional uses, this is not consistent. The character and purpose of the zone is not consistent with the character and purpose of the neighborhood in which it’s located. For that reason, he would find that it would not meet the conditions required of the conditional use permit.MOTION SECONDED by Commissioner Campbell. DISCUSSION: Commissioner Read asked if he is basing it on the number of parking and traffic. Commissioner Taylor said no, it was for the character of the residence. It does not comply or fit in well with the character of the neighborhood. VOTING: Acting Chairman Ron Bracken asked for a vote. A roll count was taken with Commissioner Hullinger voting aye, Commissioner Taylor voting aye, Commissioner Campbell voted aye. Commissioner Read voted nay, Acting Chairman Ron Bracken voted nay and Commissioner Nobis voted nay. It was three aye’s to three nay’s and the motion does not pass. DISCUSSION: Bob Nicholson, Community Development Director, came to the podium and said we may need to take some more time on this matter. He said there is a section in the City Code, that has to follow the Utah Code, that says you cannot discriminate against the disabled. He further said that there are some provisions in the zoning code and a provision that defines various definitions of the “family”, one of which is up to four unrelated persons who may live together as a housekeeping unit. He said we may need to see with our provisions for the disabled on whether or not a CUP is even required, especially if we are only talking about up to two additional people.Assistant Attorney Joseph Farnsworth said that with Bob Nicholson bringing this up tonight, his personal feeling is that this application may not have gotten some of the scrutiny it needs to, to have gotten to this point. It seems that it would be wisest to have it reevaluated to see what needs to happen. Tabling it would be his recommendation.Commissioner Read thinks the license requirement is the key, because you can have up to four people in your home, but this requires a business license, which changes the whole flair for that.Bob Nicholson said there is a provision in the section for residential facilities for the disabled that says if it is licensed under the State of Utah, State Code says it shall be a permitted use in all residential zones. This is a state law. Commissioner Taylor then asked if that means that there is not a need for a conditional use permit.Assistant City Attorney Farnsworth said that potentially a CUP may not be necessary; however it needs to be scrutinized more.Commissioner Taylor stated that would relieve the obstacle that he is concerned about here, that once it’s established as a conditional use, that conditional use stays with it beyond the owner. That was his biggest obstacle to approving this CUP. Acting Chairman Ron Bracken said sounds like it might pay for the applicant to ask for this to be tabled until further things can be checked out. It can then be brought back at some point if it needs to be or to go in some other direction. Diana Mass commented that you could put in the motion that the next person who buys her home would have to reapply, because the state would not allow for a new owner to come in and just take over. It would have to be under the name that’s under the business. The only reason she calls it a business is because that’s the way it’s stated when it’s a caregiver, even though you’re providing services for these people. There is another assisted living called Elderberry Care, which is in the City and it is in a neighborhood just like hers, and it was ok’d with them to do theirs .Their parking is even less than Diana’s and she has far more people in her home than Diana does. Diana said she has met the criteria.Regarding the flavor of the community, Diana said she understands the emotional part of that, but it is no different than her having her grandparents there or fixing up her basement and having her grandmother move in. Cattycorner from her house, this is what they did. Other people in the area have casitas where someone lives in it and it is an aunt or a grandmother. She wonders if that makes it any different. She doesn’t feel that this changes the flavor of the neighborhood unless the whole front of the house gets changed to look like a medical building. Even if the clients sat on the porch it should not change the neighborhood. She sits on the porch and doesn’t think this detracts from the neighborhood. She doesn’t see how they can say the flavor of the neighborhood would be changed by assisting two elderly people in a home, rather than having to go straight into a nursing home. That is her concern, that she doesn’t understand “the flavor of the neighborhood”. Acting Chairman Bracken asked what staff suggests at this point.Bob Nicholson said he suggests this be continued until the next meeting.MOTION: Commissioner Read suggested this be tabled for two meetings out and the reason for tabling this is to address the legal issues and staff concerns. It has nothing to do with the application or Ms. Mass. Staff is trying to look at the vote and help her saying we’re three and three and not going anywhere tonight, let’s see if we can resolve the issues brought up tonight.Motion was seconded by Commissioner Nobis. All voted aye and motion passes. 3. ZONE CHANGE REQUEST – PUBLIC HEARING (5:00 P.M.)Consider a zone change from MH6 (Mobile Home zone 6,000 square foot minimum lot size) to PD-RES (Planned Development Residential) on 2.62 acres. Located in the Dixie Downs area of the city, bounded by Dixie Downs Drive on the east, 1425 North Street on the north, Vista Ridge Estates on the south, and residential property to the west. The property includes all of Lot 6 and 7 of Racing Ranch Estates and would become “Vista View Subdivision”. Case No. 2009-ZC-005.Bob Nicholson presented this project. This encompasses 2.6 acres requesting to become PD-Residential. This property has been leveled out flat, although it is higher than the property to the South. This will accommodate 21 units, which includes 17 single family homes and four twin-home units. The density is 8 dwelling units per acre, which is in line with the General Plan for that area. Each home has a 2 car garage with a 20 ft. long driveway in front of the garage. When we met with the applicants about parking, they tried to get some guest parking included. There are hammerhead turnarounds; in reality you could designate one side of that for parking for guests. There is a green court area in the middle and along the back. Vista Ridge is the development directly to the south.The homes will range in size from 1,124 sq. ft. up to 1,318 sq. ft. They will contain three bedrooms and a double garage. The exterior will be stucco with tile roofs.This project removed a dilapidated , deteriorated mobile home park in the city and applicant is to be applauded for taking steps to clean this up and in benefiting the neighborhood.The applicant’s engineer, Rick Rosenberg with Rosenberg Associates, came to the podium as the representative for Terry Monson and the developer. He stated that this project does comply with the development agreement between the developer and the City, which stated the number of units and the size restriction of the units. There are some requirements in the development agreement about the number of units that are to be used for qualified workforce housing with deed restrictions. This will be part of the CCR and deed restrictions that would come along with the final plat. The exterior of the homes are stucco with tile roofs. It is a fairly simple project. There is a landscape common area in the center of the project. The site is rather tight as far as moving stuff around to achieve the number of units required by the development agreement and it does not allow for much flexibility to achieve the number of units required by this development agreement. This site does grade above the properties to the south and also to the west. They will grade the site to lower it so it matches up better with the street with the adjacent properties to the south and the west. This will eliminate some of the taller retaining walls that are out there now. Commissioner Read asked about the color chart for the homes and roofs. Rick said it will be general earth tone colors. There will be nothing to contrast dramatically with each other or the adjacent properties. However he is not aware of a color pallet being put together. Commissioner Read asked if he could have the colors before it gets to City Council. Rick said he will do so.The hearing was opened to the public.Ed Smith came to the podium. He is a trustee with Vista Ridge Estates, which is the adjacent south property owner. They wholeheartedly support the zoning change. He does have a question about the adjoining property line and fence line. The ugly looking fence on the left side of the property is about 12 ft higher than Vista Ridge Estate’s concrete wall which is on the property line. Their concrete wall is 8 ft. high. The bottom of the slope is about the same as the top of their concrete wall, which is their north property line. He said there is a huge difference in elevation. According to the plat, the hammerhead turn around is almost up to the property line. He said it looks like the intention is to put a block wall around the complex, and the block wall would be right on the south property line. That would put it right on top of their existing concrete wall on their north property line. He thinks they would need to set back some distance to get a good footing under the new retaining wall. He questions what would happen to their wall and where they are going to put their wall. He would like to see a profile of the two properties.Rick Rosenberg came to the podium and said that the adjacent grade is being lowered and material moved from the site and hauled away to a different location. The new grade will then be down close to the white columns shown. They have lowered the entire site and changed the drainage and sewer to go out to the road on the north side. Rick went on to say that the block wall would be a privacy wall and they anticipated coming to Vista Ridge Estates to be able to remove the interesting fence thing they have going and replace it with a block wall. Geotechnical engineering is being done now, the foundation of the block wall will extend underneath the hammerhead turn around. Rick said he thinks it will be a 6 ft. privacy wall that will sit next to their fence. No one will be able to see into their backyards.Lois Smith came to the podium. She lives in unit #40. She is down about 25 feet from the photo shown. She gets bottles, screwdrivers and bats thrown into her yard from children. She is hoping that the wall built will be high enough that things don’t get thrown over the fence. Four or five units in their development have been in danger from throwing objects. She said it would be nice if they had room to put trees behind their parking pad.Commissioner Campbell asked if they can question the materials and styles. Bob said yes they can.Commissioner Read asked if they can put trees into the backyard to protect the backyards of the neighbors adjacent to this project. Rick Rosenberg said the issue is the watering. He said if you saturate the soil behind the wall, it will lead to problems as well. They did have trees planned for the open space area. He would highly discourage any trees planted adjacent to the hammerhead, it would ruin the road and probably the wall at the same time. With the heat generated in the narrow plant strip, the trees probably wouldn’t survive anyway. There are trees proposed within the project. Commissioner Campbell commented that the garage dominated architecture is the product of the number of units. Rick Rosenberg said that the City’s Development agreement said they can’t have less than 21 units. They would have to go two story or more attached product to achieve the 21 units and avoid the garage door front door architecture. That is why they have the two duplex units. Bob Nicholson asked where this came from. Rick Rosenberg replied that it was the development agreement between the City of St. George and Dixie Downs Development LLC. Paragraph 1 section A says: “Developer will submit plans to develop property by applying for zone change, preparing preliminary and final plats to subdivide property into not less than 21 individual residential units”. Assistant City Attorney Joseph Farnsworth asked when the development agreement was signed. Rick stated that the agreement was signed on Jan 12, 2009. MOTION: Commissioner Nobis made a motion to approve the zone change in item # 3. Commissioner Hullinger seconded the motion. DISCUSSION: Commissioner Taylor asked if it was subject to staff comments. Commissioner Read said he would request staff comments including the elevation drop, that the wall beset back and replaced with a block wall no taller than 6 ft. and a color pallet to be shown by the time it gets to City Council meeting.Commissioner Nobis asked if that was not all part of the PD design. Commissioner Read said it wasn’t in there now even though they talked about it, it’s not in the paperwork. He said this is the PD zone change. He said that he would also like included that the hammerhead stay unencumbered by guest parking unless they get approval of Kevin in traffic engineer that it’s acceptable; otherwise there is no guest parking. Commissioner Nobis said he would add those comments. VOTE: All voted aye. Motion passes.4. ZONE CHANGE AMENDMENT – PUBLIC HEARING (5:00 P.M.)Consider a zone change and zone amendment to rezone approximately 79 acres from OS (Open Space) to PD (Planned Development) on land that is contiguous to and southwest of the existing Hidden Valley Master Plan and to consider a request to amend the existing PD zoning on approximately 585 acres of the Hidden Valley Master Plan. The amendment to the existing Master Plan consists of the realignment of Hidden Valley Road, the location of a school site, the addition of a church site, the addition of an RV site, the replacement of one club house with three smaller ones distributed throughout the development, and the renumbering of several P.A. (Planning Areas). There will not be an increase in the number of units in the original Master Plan area, but there will be 90 units added in the 79 acre addition. Case No. 2007-ZCA-017.Ray Snyder presented this item. This application has two parts: to rezone appropriately 79 acres from OS to PD and also to consider amending the existing PD zoning on approximately 585 acres of the Hidden Valley Master Plan. In 2007 this Planning Commission saw the original master plan and recommended it for approval at that time. If you compare 2007 with 2009, there are a few things that have been moved around. They are now showing a church site and a school site. Only one of those was shown in 2007. In 2007 the school district had questioned why their school site was taken out. Ivory Homes worked with them, but the economy became difficult, so it had been on hold. They are now coming back and saying they’ve worked it out with the school district, they are showing a conceptual site for the school and the church.The RV will be in the middle of the site, down toward the southern end and it would be just for the homeowners. In 2007 they were showing one large clubhouse with a pool. They would now like to have three clubhouses spread out to better the residents. Staff comments are that these requests are consistent with the General Plan density of Medium Density Residential. The realignment of Hidden Valley Drive is supported by staff. The number of dwelling has increased by approximately 90, but this is reflected in the addition of Planning Area 5.1 and 5.2 which staff supports. The applicant shall demonstrate to the satisfaction of the Planning Commission the design for Planning Areas, the clubhouse, school and the RV storage area. As required by the City ordinance a hillside review shall be required for any proposed hillside development over 20%. The street radius in Planned Area 4.1 and 5.1 shall be to the satisfaction of the City Traffic Engineer and meet City street design standards. Brandee Walker from Bush & Gudgell came to the podium. She said the three clubhouses are actually amenity areas. Rather than do one big one, they wanted to do three to accommodate the economy and build out. There will be recreational areas, but they not necessarily a clubhouse building. In an effort to be more cost effective, the pools will be smaller in size than previously planned and will be at each of the three locations. The hearing was opened to the public.No one came up to the podium, so the hearing was closed.MOTION: Commissioner Hullinger made a motion to approve item #4 and include staff comments. Motion was seconded by Commissioner Campbell. All voted aye. Motion passes. 5. ZONING REGULATION AMENDMENT – PUBLIC HEARINGS (5:00 P.M.)Consider a zoning regulation amendment to the City Zoning Regulations, Title 10, Chapter 10 Commercial 10-10-2 “Permitted Uses” to amend uses in the C-1, C-2, C-3, and C-4 zones. Case No. 2009-ZRA-003Bob Nicholson, Community Development Director, presented this amendment. He began by highlighting some of the updates. He addressed Councilwoman Shakespeare’s question regarding car lots in a C-4 zone. The ordinance today states that in a C-4 zone a car lot would be a conditional use. They are also subject to some new proposed standards which will severely limit the number. Also in a C-4 zone trailer sales are not permitted. There had been concern about the one located at 1st West and St. George Blvd. When that came in, the area was zoned C-3. A few weeks ago the Council did expand the downtown C-4 zone and now C-4 goes from 5th East almost to 4th West. The uses now are a little more restrictive in the C-4 zone. Bob said that storage rental units now have a definition. This will be a conditional use in a C-2 and C-3, which it is today, but now they propose to add design standards. Mini-storage units shall be limited to 12 ft. overall height for the storage unit portion. The site location shall be behind a retail, office or similar storefront and other appropriate mixed uses which effectively screen the storage units from public street views. They shall be located to the rear of existing commercial developments so they are not the dominant view from public streets. When they are located adjacent to a residential zone, they shall have the front of the storage units screened behind a front façade typical of a commercial, retail or office building. They can be constructed of prefabricated metal building provided the exterior of the facility is covered with 50% of the building in decorative material. Colors are to be earth tone. Lighting will be required to be constructed and shielded. Individual storage units shall not be used for manufacturing, retail or wholesale selling, office functions or human habitation. No hazardous, flammable or explosive materials are permitted. Main access shall be allowed only from a public street. Facilities located next to a residential zone shall be screened with a soli...


City Council Meeting Minutes Minutes 09/07/2017:
...nanimous and the motion carried.   PRESENTATION OF THE DRAFT IMPACT FACILITIES PLAN: Presentation of the Draft Impact Fee Facilities Plan by the Washington County Water Conservancy District.   St. George City Council Minutes September 7, 2017 Page Twenty-one   Ron Thompson with the Washington County Water Conservancy District presented a PowerPoint presentation covering the following topics: 2017 Impact Fee Facilities Plan: Draft Report Review; Impact Fee Facilities Plan (IFFP); level of service; excess capacity; excess treatment facility capacity; demand; existing water supply; planned supply and facilities; planned treatment facilities; planned available water supply; cost of existing facilities with excess capacity; proportionate share of existing facility c...


City Council Minutes 08/13/2015:
... Mayor Pike mentioned that the RAM Company is considering expanding their facilities but in order to do so they are looking at securing state and local tax incentives which would require another CDA. He mentioned owner Ray Ganowsky’s desire to highlight their company which has remained in business locally for 30 years and is a great success story of entrepreneurship with currently over 200 employees. 1. TOUR OF THE RAM MANUFACTURING COMPANY: Councilmembers were greeted at the facility by owners Ray and Melzie Ganowsky. They were then ushered into a conference room where they were shown a Powerpoint presentation which St. George City Council Minutes August 13, 2015 Page Two included the following topics: Overview, Product Lines, Specialty Solenoids, Rotary Solenoid and Butterfly Valves, Hydraulic Valves, Major Customer Listing, Commercial Aircraft, Commercial Engines, Commercial and Marine Equipment, Engineering Capabilities, Quality Assurance and Inspection, Modern 55,00 Square Foot Facility, Machine Shop, Approvals, Average Annual Wage Growth for 2005-2014, RAM Employee Benefits, Projected Employee Growth 2015-2025, Annual Sales for 2005-2014, Projected Annual Sales for 2015-2025, Annual R&D Spending, 2010-2015, Local Spending 2010-2015, Looking to the Future 2016-2025. Mr. Ganowsky mentioned that this year would be the 30th Anniversary of their company. Discussion ensued on the possibilities of tax incentives from the City, and it was noted that as long as the applicant is receiving incentives from the State the City tries to help with incentives when they can. Mr. Ganowsky mentioned that they have outgrown their current facilities and are constantly being urged to build large facilities elsewhere in order to expand their production to meet demand for this specialized product, but he prefers to keep the company here in St. George if possible but needs the tax break in order to do so. They would like to begin expansion of their company by 2016, so they are anxious to secure the needed assistance by this time. Councilmembers were then taken on a tour of the facilities. Upon completion of the tour, Mayor Pike thanked Mr. and Mrs. Ganowsky for their hospitality and congratulated them on their business doing so well for 30 years. 2. TOUR OF THE CREMATION GARDEN AT TONAQUINT CEMETERY: Councilmembers arrived at the Tonaquint Cemetery at approximately 6:20 PM and were met by Leisure Services Director Kent Perkins and selected staff who presented and explained aspects of the All Abilities Park currently under construction. Councilmembers discussed the train that was planning on arriving sometime within the next week, as well as water features and placement of various items. Councilmembers then walked over to the recently completed Cremation Garden and viewed the recently installed columbarium. They discussed the plans and implementation for this space-saving element for use of cremated remains within the St. George City Council Minutes August 13, 2015 Page Three Tonaquint Cemetery. Councilmembers discussed with the Sexton and staff about other options that may be needed or implemented in the future. Council thanked and complemented staff for the beautiful job done there at the Cemetery. Councilmembers then returned to City Hall, Administrative Conference Room at approximately 6:53 PM. 3. PRESENTATION OF THE ROUND UP DAYS FESTIVAL HELD IN CONJUNCTION WITH THE DIXIE ROUND UP RODEO: Dixie Round-Up Days event coordinators Kathie Thayne and Brittany Dell from the Old World Historical Council, addressed the Council. Brittany explained that they are the faction who puts on the Dickens Festival every year. She presented the Council with the plan to implement what she hopes to be an annual event held from 10 am - 7 pm each day before the Dixie Round-Up Rodeo each year. She presented a Powerpoint which included the following topics: When/where, events, games, contests, entertainment, vendors, crafts, farmers market, food, sponsors. Kathie Thayne explained that they are having a struggle getting the farmers market arranged and asked for Council help. Councilmember Bette Arial suggested asking the directors of the farmers market at Ancestors Square to move their location to this event for these two days. Council agreed to help with this as best they could. Mayor Pike asked what other things the committee needs help from the Council on. Kathie stated that they will need extensive advertising as this is their first year doing this event and they would like the City’s help in getting the word out to the community. She stated that with having the success of the Dickens Festival behind them they have many vendors willing to participate because they know this event will be done efficiently and is sure to be well planned. She mentioned the fact that there will not be admission charged to this event, so there will be no recuperating costs and therefore more sponsors are needed to help fund this. Councilmember Bette Arial suggested that the Washington County School District have a booth there explaining where the new school is going to be placed by the Sun Bowl and educate the public about what is happening with this area because of all the publicity and controversy from public in this regard. Kathie also expressed the need from Council to help with overnight security at the park and if Police could possibly help with this. Waste removal and bathroom needs for the event were also discussed. St. George City Council Minutes August 13, 2015 Page Four Mayor and Councilmembers thanked the organizers for their work and were excited to see this event unfold this year. 4. REPORT FROM MAYOR, COUNCILMEMBERS AND CITY MANAGER: Councilmember Jimmie Hughes briefly reported on the St. George Housing Authority meeting that he was unable to attend. Mayor Pike mentioned the new pantry and laundry facilities at SwitchPoint and stated that things are running well there, and he is pleased with the cooperation between agencies to keep this facility running smoothly. Councilmember Michele Randall reported on the Veterans Board meeting she attended. They are planning on doing a “stand-down” at SwitchPoint on October 17 where they will be providing lunches not only for veterans, but all those who choose to attend this event. The purpose of this event is to bring attention to homeless veterans. SwitchPoint and director Carol Holloway have been good in cooperating with this event. She also mentioned that the board is working with the VA to get bundles with hats, coats and blankets to hand out to any homeless veterans. Councilmember Bette Arial reported on the Children’s Museum and noted that they have now hired a part-time assistant that they are able to fund. She mentioned the completed restrooms there and expressed great appreciation to the Council for their help in this aspect. She mentioned that the Art Around the Corner Committee has hired a part-time person to run it and is pleased with its success. She also mentioned that the Arts Museum is planning on coordinating a Western Art exhibit in conjunction with the Dixie Round-Up Rodeo. She mentioned that the Arts Commission is excited about the Electric Theatre progress and feels that this will be a great asset to the Arts community. She also mentioned that the Arts Commission has recently gone through the granting process for arts groups and was overwhelmed by the tremendous response from so many diverse groups applying for these grants. She stated that in total the Arts Commission awarded 35 grants. Councilmember Michele Randall reminded Council that they needed more people on the Shade Tree Board. Different options of possible candidates were briefly discussed. Mayor Pike mentioned that the County has hired a new Economic Development Director because Scott Hirschi is retiring. Mayor Pike commended Mr. Hirschi for all his help and hard work and Councilmember Randall mentioned that the City should do something to show appreciation for all he has done in helping the city throughout the years. Mayor and Councilmembers also briefly discussed the structure of this position. Mayor Pike brought up the issue of the RAP tax and mentioned that there were some recent developments on this subject. Council discussed the issue of how much funding this would bring to the City and where the proposed funds would be allocated. Council also discussed at length the issue of funding Tuacahn and the large amount of revenue that facility generates for the County and State in sales tax alone, among other areas. Councilmembers expressed their St. George City Council Minutes August 13, 2015 Page Five concern with the lack of support from legislature for this viable arts facility. Councilmembers also discussed the need for more soccer fields and the need for the County to help in this regard with a possible complex that benefits all residents of the County, as all residents currently use St. George City’s facilities and the need has increased greatly for county facilities. 5. ADJOURN TO CLOSED SESSION: MOTION: A motion was made by...


City Council Minutes 01/10/2013:
...ried. DISCUSSION CONCERNING RATES CHARGED FOR USE OF CITY BUILDINGS AND FACILITIES: City Manager Gary Esplin explained that this discussion becomes more timely as there have been more and more requests to use the old airport, but there is not a schedule of fees to charge. There has also been a lot of interest in holding weddings, birthday parties, etc. on the third floor of the Arts Center, as well as at the Opera House and Social Hall. The City remodeled the third floor of the Arts Center with the philosophy that its use should be higher than for use by the private sector. He expressed concern that the City is competing with the private sector, as well as concern with the damage that has been caused to the third floor as a result of heavy use by the public. He inquired of the City Council what uses they would like to allow. Councilmember Almquist commented that the City is not restoring historic buildings to see them worn out. Mayor McArthur commented that they are public buildings owned by the public. Leisure Services Director Kent Perkins advised that the third floor of the Arts Center was used for 82 events last year. The opera house complex had 361 events. With regard to the community center located in the parking lot of the Senior Citizens Center, the main thrust of this building was to provide a low cost facility for non-profit groups such as the American Legion, Color Country Chorus, elections, etc. Because the third floor can accommodate two times as many people as the social hall or opera house, it has been attracting groups of 250-300 people. City staff has had to call the Fire Department because the occupancy numbers were being exceeded. These kinds of uses have been difficult to manage because of the crowd size and St. George City Council Minutes January 10, 2013 Page Three there has been abuse of the building and police calls. Renters have also expanded their half-day rentals by spending longer in the building than they have rented it for. As a result, a moratorium was put on the building for private rentals. There are now 15-20 requests for private rentals which the City has not honored. The City was able to respond to some of the uses and problems by increasing the presence of staff and roping off areas of the building, but this also led to increased costs for the City and shrinking profit margins. There have been times when the breakers would blow due to people cooking in the kitchen, when it is just a warming kitchen. There have been no private rentals since October. City Manager Gary Esplin commented he did not think the City should be in the rental business and it is not worth the revenue the City is receiving from those rentals. He suggested use of the third floor of the Arts Center should be for government use and use by the City’s partners in the Town Square, and should be a higher use than the current use. Councilmember Almquist commented that the owner of the Bell Tower suggested to him that their number of rentals was down because of the other rentals available, and the private sector will applaud the action now being contemplated by the City. Leisure Services Director Kent Perkins advised the charges for the third floor are $600 for a half day rental and $900 for a full day rental. The City provides tables and chairs and AV equipment. There have not been a lot of problems at the Social Hall or Opera House because they are small venues; it is the large groups that the City struggles with. City Manager Gary Esplin stated the City should not be competing with the private sector. Councilmember Bunker commented that while the City should not compete with the private sector, almost every city has a facility which they rent out. She suggested that restrictions be placed instead of banning its use by the public. City Manager Gary Esplin replied that staff has tried this, but has no control over an event when 300-400 people show up. He stated he has the same concern with competition at the Opera House and Social Hall, and the City should be sure it is charging enough for those facilities. He stated he was not sure government should be in the facilities rental business. He recommended that City rates for rental of the Social Hall and other facilities should be 25% higher than the private sector. He advised that staff will do a study of rates charged by private facilities. He advised that the City will no longer allow private parties at the Arts Center and will provide the City Council with proposed rates to be charged for other facilities at a future meeting. He advised that rates to be charged at the old airport is a different discussion, and Marc Mortensen will look at rates being charged by other cities for similar facilities. Councilmember Nickle commented he did not like to se...


City Council Minutes 05/17/2001:
...uncil Minutes May 17, 2001 Page Four cover the City’s physical facilities, with a significant adjustment in the property schedule. A review of the City’s facilities is performed every three years to make sure they are insured for the present replacement value. For boiler machinery insurance adjunct to the property insurance, a re-calculation in the schedule to reflect the new increase limit was made. This coverage would pertain to all boilers and mechanical apparatus within all facilities. The primary area of exposure is the Electrical Department and Water Treatment Plant. A review of the City’s present airport liability coverage indicates a significant increase is needed in the limits, and the present limit of $10,000,000 per occurrence is not adequate. He recommended continuance of the City’s excess liability insurance with the present limit of $10,000,000 per occurrence. He summarized by recommending Royal Insurance for the City’s property liability insurance, Chubb for boiler and machinery liability, Old Republic for the airport liability policy, and Royal Insurance for excess liability insurance. City Manager Gary Esplin explained that this year’s liability insurance market has tightened. Mr. Childs commented this was the reason many carriers did not respond to the City’s request for bids. Mr. Esplin recommended that the airport liability coverage limit be increased from $10,000,000 to $100,000,000 due to increased activity at the airport. Council Member Orton inquired if all the recommended bid awardees were rated Triple A. Mr. Childs responded that they were. He explained that the excess liability policy deals with City operations and encompasses the Police Department, public officials, administrative staff, and the general liability policy involves facilities, parks, power department and auto liability. Council Member Orton inquired if coverage for outside interests using City facilities for City-sponsored events was reviewed. Mr. Childs replied this policy was primarily designed to cover insurance interests of the City’s facilities and operations. City Attorney Jonathan Wright explained the City requires a certificate of insurance from third parties using City facilities. Council Member Gardner inquired of Mr. Esplin if he felt th...


Water Distribution:
...ality is unaffected; in fact aeration is sometimes used in water treatment facilities to make the water taste better. Letting the water sit for a few ...


City Council Minutes 03/06/2014:
...er line to the Washington County Water Conservancy District’s Capital Facilities Plan. City Manager Gary Esplin advised that under an agreement the City has with the Washington County Water Conservancy District, their Capital Facilities Plan is presented to the City Council for approval. Ron Thompson, with the Washington County Water Conservancy District, stated that in the last 15 years, there have been more years of significant drought than average. He does not believe there be a significant run off this spring. Last year, they delivered approx 7.5 billion gallons of water to regional cities. They encourage all regional cities to continue with conservation efforts. He appreciates St. George for their water ordinances. Additionally, he explained that they have is a policy that sets a budget with the cities, if they go over the budget, they give the city a rebate over their cost. He presented a rebate check to the Council. The regional agreement requires a committee that looks at the underlining infrastructure. By agreement, any project that benefits two or more cities, would be regionalized and built through the Capital Facilities Plan. Adding a project requires the consent of the majority of the cities. He explained that the big line that goes from Quail Creek Reservoir to Snow Canyon is primarily used to augment water supply as well to blend with some of the water in Snow Canyon and Gunlock to help with the arsenic issues. Because Sand Hollow water has some residual arsenic, more water in needed to blend on the west side. As they update their Capital Facilities Plan, they would like to add this as an additional project. Most cities have consented. Councilmember Almquist stated that it is important to note that 10 years ago, Mr. Thompson could not discuss how water was moved around. Connecting all of the lines together helped water quality. He inquired about the level of the reservoirs. Mr. Thompson spoke about the level of the reservoirs. MOTION: A motion was made by Councilmember Almquist to approve the resolution to amend the WCWCD Capital Facilities Plan as directed for the water line and to add the water line to the District’s Capital Facilities Plan. SECOND: The motion was seconded by Councilmember Hughes....


City Council Minutes 04/13/2006:
...for areas west of Main Street. DISCUSSION CONCERNING THE CITY?S CAPITAL FACILITIES PLAN AND RELATED FEES: City Manager Gary Esplin advised that Lewis Young Robertson & Burningham Inc. will present an overview of City-wide impact fees. This analysis has been based on the law and the most up-to-date state requirements. Public hearings on the matter will be scheduled in the future. Jason Burninghamof Lewis Young Robertson & Burningham Inc. explained that they are a financial advisory and impact fee consulting firm retained by the City to look at updating the City?s capital facilities plans and associated impact fees. The study looked at what capital improvements need to be made to accommodate the growth. In 1995 the Utah Legislature required all communities to go through an impact fee analysis and update their capital facilities plans by 1997 for consistency. The main focus of today?s presentation will be the City?s capital facilities plan with the exception of parks and recreation as this master plan is in the process of being completed. He then presented a power point presentation providing an overview of impact fees, impact fee methodology, planning horizons, level of service standards, a summary of future capital project costs, proposed financings, recommendations and a proposed timeline. He advised that the capital facilities plan presented only applies for the next five years. Water Services Director Barry Barnum reviewed the Water Services Department?s capital projects and expenditures. Public Works Director Larry Bulloch reviewed the Public Works Department?s capital projects. Energy Services Director Phil Solomon reviewed the Energy Services Department?s capital projects. Carol Sapp advised that she is a member of a committee studying the issue of whether growth pays for itself and the analysis should be completed in two weeks. Council Member Orton commented that to limit impact fees during runaway profitability did not make sense. Ms. Sapp replied that land is driving the cost, not construction costs. Washington County Economic Development Director Scott Hirschi commented that while growth should pay its own way, those costs are very difficult to determine and the full universe of costs and how they are paid should be looked at. He stated that everyone who was here 40 years ago is better off today because of growth. Mr. Burningham commented that he is working with Budget and Financial Planning Manager Deanna Brklacich to customize the capital facilities plan to keep it updated so that future adjustments can be made q...


City Council Minutes 03/20/2008:
...ul in keeping the balance of the community in mind as far as special needs facilities, and should use care so as not to burden areas with too many special needs homes. She stated she was not disputing the facilities, or their need, or their purpose or intent, but they do not belong in the RCC zone. Allowing them in the RCC zone would be a disservice to the zone and to the community as a whole. She stated she was opposed to the request. City Attorney Shawn Guzman advised that the request is not for a zone change, but for an amendment to the City Code to allow the use in the RCC zone as a conditional use. Council Member Bunker commented she had the same concerns as Council Member Shakespeare. She inquired if there were a way to allow this particular use without allowing this type of use in all the RCC zone. City Manager Gary Esplin explained that a conditional use allows the City Council to look at each particular request, however, the City Council must have a good reason to deny a conditional use. St. George City Council Minutes March 20, 2008 Page Four City Attorney Shawn Guzman explained in order to be a conditional use, conditions which would have to be met would have to be spelled out in the ordinance, and if those conditions are met, the City Council would have to allow the use. The City Council could look at location, parking, traffic circulation, etc., and build that criteria into the Code. Council Member Pike commented he wondered if the City Council was overreacting. He inquired how many of these types of facilities would actually be located within the RCC zone. He commented this facility was needed. Council Member Shakespeare replied there are already many special needs facilities within the RCC zone, and it needed to be protected from more. The RCC zone was created so people would live in the neighborhoods. Council Member Pike commented be believed the facilities would naturally space themselves. Council Member Shakespeare commented the RCC zone was created to build stability, and this request would not build more stability. City Attorney Shawn Guzman cautioned the City Council would have to be specific in determining why this facility would be allowed in other zones but not in the RCC zone. Council Member Shakespeare commented that the RCC zone is the only zone in the City with historic homes. Before the City opens the door to this type of use, it should research how many homes have already been turned into special needs facilities or businesses. Council Member Bunker commented that there is...


Planning Commission Minutes 08/08/2006:
...Section 10-2-1 “Definitions”, to define “Private Recreation Grounds and Facilities”, regarding the keeping of horses in an Open Space zone. Proposed amendment to the City of St. George code, Title 10, Section 12 “Open Space Zone”, Section 10-12-2. City of St. George, applicant. Case No. 2006-DI-006Bob Nicholson Community Development Director said this is listed as a discussion item and no action on the proposed code amendment can be taken because they have not given the appropriate notice to the newspaper. The issue is equestrian boarding and a riding arena near the Christensen Park in the Bloomington area. The complaints deal with traffic, noise, odors, flies, dust, etc. They feel their residential area has been impacted. If you look at the OS (Open Space) zone in the ordinance - one of the uses is private recreation grounds and facilities. Bob said they recommend a definition as follows; “Public & Private Recreation Grounds & Facilities, including public and private park site development” . This definition would preclude commercial-type operations under the use of private recreation facilities.Bob said there is a nuisance aspect to the horse facility and the City has filed a nuisance citation against the owner, based on the various complaints received.Gary Kuhlmann representing Delray Jackson and DC Properties, LLC said when activities started on this property his clients were issued a notice of violation. The violation states “you are conducting a commercial activity in an Open Space zone. This activity includes but is not limited to boarding and feeding horses, providing trailer parking, providing storage and providing riding lessons. Commercial activity is not permitted in an Open Space zone.” They were also advised to stop the commercial activity and were told to apply for a flood plain permit. The flood plain permit wasn’t issued because it was a non-permitted activity in an Open Space zone. PLANNING COMMISSIONAugust 8, 2006Page EightGary Kuhlmann said the City Attorney’s office suggested they come to the Planning Commission. His clients want to know if commercial activities are prohibited in an Open Space zone. There is a notice of violation which they are dealing with but this has nothing to do with whether this is an appropriate use of land. It has to do with whether it is being done in an appropriate manner. If you look at the Open Space uses, you will notice that three of those uses allude to commercial activity. One is for raising crops or horticultural, live stock raising allows you to raise 4 animals per acre and the other is public and private recreational ground and activities. He said there is nothing in this ordinance that states you cannot have commercial use in this zone. He is here today to ask for the Planning Commission’s interpretation.Bob Nicholson said the applicant’s point is they feel privately owned commercial recreation grounds should be considered permitted. A private recreation facility needs to be defined. Staff is suggesting that it is something that you don’t receive compensation for. Commissioner Bracken asked what zone would be the right zone to put horses in? Bob replied the agricultural zone. Commissioner Taylor asked if this property is zoned as open space? Bob said it is open space. Gary said they will charge fees for stabling, lessons and they will charge for feed and it would be a commercial activity. Gary said the ordinance states public or private recreation area. This would be considered private facility.Darin Snow said it appears they are trying to change the zoning from open space. It says in the open space there cannot be any feed lot. It also states that you can have only 4 large animals per acre. Robin Hanson said this area has become hazardous. It went from two corrals to a major operation. It becomes muddy in the intersection.Darin Snow spoke in opposition to the horse facility.Deputy City Attorney Paula Houston said what Planning Commission needs to decide tonight is if this particular use falls into that definition. You need to give guidelines on what you believe the definition is or should be and whether or not this current use falls within that definition. Planning Commission will not adopt a new definition tonight. PLANNING COMMISSIONAugust 8, 2006Page Nine Commissioner Taylor said he can see Mr. Snow’s comparison with a commercial feed lot. He is wondering if it would be appropriate to consider this boarding of animals as similar to a commercial feed lot which is not a permitted use in an open space. Council Member Bunker said this does not seem like it should be allowed because it is a commercial use. Deputy City Attorney Paula Houston said the issue is whether this type use should be considered as a private recreation facility. Deputy City Attorney Paula Houston asked the Planning Commission; do you believe this use meets the intent of a private recreation facility? Just a yes or no vote. MOTION: Commissioner Taylor made a motion that this operation is not a private recreation facility. Commissioner Bracken seconded the motion. The motion passed with all voting in favor, except Commissioner Campbell voted nay. SITE PLAN BUILDING ELEVATIONConsider a request for a site plan and building elevation approval in an existing PD zone, that will include the construction of a new three phase project. The development will consist of 14 residential units, a club house, and a pool called “The Residences (Villas) at Green Valley Spa.” The buildings are single story. The site is located south of Canyon View Drive and between Trend West Resorts on the south and Coyote Inn on the north with Green Valley Spa and tennis facilities along the east side. There is also undeveloped property to the west and south of the “Cottages South” townhomes. The property is on approximately 3.006 acres. The site is zoned PD (Planned Development). The owner is Mr. Alan Coombs. Case No. 2006-SPBE-011Planner Ray Snyder presented an aerial view of the vicinity. The project will be done in three phases. The structures will be single-story. There will also be a club house and pool in later phases of the project. Ray said the City Traffic Engineer will look at circulation which will be analyzed during plan check. The roofs appear to be concrete tile in the renderings. The exterior of the buildings will be earth tone synthetic stucco with cultured stone wainscot and accents.PLANNING COMMISSIONAugust 8, 2006Page TenStaff recommends approval subject to:1) Any signage shall be approved under a separate permit.2) Earth tone colors and materials shall be used as represented in the colored elevation submitted August 8, 2006.3) The maximum building heights shall not exceed 35 ft.4) Street trees shall meet the City Tree Ordinance.5) Meet the requirements of the City Traffic Engineer.Commissioner Campbell has a concern about the front of Building A and Building B and the side of Building A. It is total parking lot right up to the front of the building. There is landscaping around the other buildings but these two sides of the buildings lack the landscaping. This is exactly what they don’t want to see. He feels this is poor planning. Alan Coombs the applicant said the green space in front of the homes is a courtyard which is a 25 x 35 grass area. There is a 6 ft. high wall in front of every building. He said on the side of building A there is no landscaping showing. Commissioner Campbell said if you turn the parking on the left side of building A into angle parking it would look better.MOTION: Commissioner Campbell made a motion to recommend to City Council approval of a request for a site plan and building elevation approval in an existing PD zone, that will include the construction of a new three phase project. The development will consist of 14 residential units, a club house, and a pool called “The Residences (Villas) at Green Valley Spa.” The buildings are single story. The site is located south of Canyon View Drive and between Trend West Resorts on the south and Coyote Inn on the north with Green Valley Spa and tennis facilities along the east side. There is also undeveloped property to the ...


City Council Minutes 10/19/2006:
...idents such as groceries, medical offices, stores, restaurants and related facilities and services. 7. Project density is flexible and will be determined by the City Council upon recommendation from the Planning Commission. Density will be based on such factors as building design, traffic capacity, and overall compatibility with the surrounding neighborhood. 8. The subject property must be a minimum of one thousand feet (1,000') away from any single family residential zone. 9. A management plan for the operation of the residential complex shall be submitted to the Planning Commission and City Council for their review. The plan must include a copy of the rules for tenants living in the building. The rules must specifically require all tenants to keep all areas of the complex which are visible to the public neat and orderly, free of clutter and debris, including bicycles, clothing, boxes, etc. No items may be stored in an outside area, including on balconies, courtyards, patios or other semi-private areas that are visible to the public. Clothes lines which are visible to the public are not allowed. 10. Buildings must have varied roof lines and varied wall planes which include balconies, decks and other features which provide visual interest to the building. A building materials board showing the exterior building materials and colors shall be submitted along with a colored site plan and building elevation drawings for approval by the Planning Commission and City Council. Building elevations shall be shown for all four sides of every building. St. George City Council Minutes October 19, 2006 Page Ten 11. Permitted Uses: The property may only be used for multiple-family residential uses including household pets. No other uses, including residential treatment facilities are allowed. Mayor McArthur commented that a PD would provide more control. Mr. Nicholson replied that the PD ordinance would have to be amended and another set of hearings would be required in order to change the zone from C-3 to PD. Council Member Gardner inquired if this could be done simultaneously. Mr. Nicholson replied that if it were done concurrently it would still take six to eight weeks. Mayor McArthur commented that the City Council has to look out for what?s best for the City as a whole to protect the community. Scott Safford, representing Cowboy Partners, advised that Dan Lofgren is his partner. He stated that St. George has a need for workforce housing, and a similar project has been done successfully in Salt Lake City and addresses a specific housing need. He suggested that the proposed ordinance amendment be separated from the proposed project. He stated he has in mind the project he wants to do in St. George and has applied for tax credits. It has been hard to make low income projects work in St. George because rents are historically high and land is expensive and construction costs are high. The tax credit program is a federal program to push the rents down. It is not for subsidized housing. It is for targeting wage earners such as someone at Albertsons who makes $7 an hour or a first or second year school teacher or mechanic. The program is designed so that someone will pay 30% of their income on rent. As a condition, they must pay their rent every month, pass a credit check, and pass a criminal background check. All applicants are screened. One and two bedroom units are being considered. With regard to open space, this is an urban project in a location close to work and necessary services. 20% landscaping is proposed, but this is high for open space in a project of this type. The project is not targeting families, but this is not to say that families don?t need this type of housing. This project is just one installment in what St. George needs. Council Member Gardner inquired how the policies would be policed. Mr. Safford replied that inspections of the units are made monthly. Cowboy Partners is a for-profit company and they want to keep the project as nice as possible. The properties are managed tightly in order to keep them nice. There will be on-site management. The project is targeted to wage earners with a specific rent. Income is verified. A four story building is needed. Mayor McArthur inquired of Mr. Safford is he was opposed to a PD. Mr. Safford replied that the City Council must do what?s best for the City, and he is here to tell the City what financially they need in order to make the project work. He stated that he would like to keep the project moving forward as the application for tax credits has already been submitted and the opportunity will go away next year. Mayor McArthur opened the public hearing. Myrna Stout applauded the City for considering a project such as this and encouraged 30% landscaping to soften the look of the large building. As far as not being able to convert existing buildings, one of the things discussed for the downtown area is having studio apartments built on the upper levels of retail buildings, and this provision would preclude that. She stated she loved the idea of using a PD Commercial zone as this would give the City the most control as there will be a large impact to surrounding neighbors and community. She wondered if a proximity requirement to mass transit St. George City Council Minutes October 19, 2006 Page Eleven should be included. She advised that her daughter lives in the Liberty Metro Apartments and is very pleased. She encouraged underground parking for facilities such as this, thinking that the number of cars would detract from the attractiveness of the building. Council Member Whatcott suggested that a proximity requirement to mass transit be added. The City is already working on a different type of zone for housing in the downtown area. Mike McGregor commented that the cost of infrastructure for fire fighting needed to be considered. The City should identify the maximum density in overall areas so that zones are not created where all these people accumulate which potentially could create a blight zone in 30-50 years. Jim McArthur suggested the matter be considered as a PD rather than a wholesale change to the commercial zones. He suggested that out of courtesy and consideration to everyone who owns property in commercial zones, they should be invited to offer their input. He suggested that the matter be tabled. He stated another concern is if a blanket overlay zone is granted, there will be treatment centers, youth homes, etc. who may come in and pressure the City for these zones, and a PD zone would be better at determining the socio and economic balance of a neighborhood. He suggested that a board be formed to address the issues. He stated that the parking requirement should be two spaces per unit, and encouraged 30% open space. He stated he hoped what the City Council decided would be a positive benefit to the community. He stated the proposed Cowboy Partners project is a good project, but the location needs to be addressed. Community Development Director Bob Nicholson advised that the parking requirement is two spaces per unit except for single occupancy units where the requirement is 1.5 spaces per unit. Mayor McArthur inquired if there was a way to limit the number of cars allowed. Deputy City Attorney Paula Houston replied that there was not a way to limit cars. Gloria Shakespeare commented that there is already plenty of affordable housing in the downtown area. 80% of Dixie Care and Share patrons live in the downtown area. She expressed concern with the applicant?s management plan and what will happen when Cowboy Partners sells the project and someone else takes over. She stated that low income project housing is being town down in New York City because they are ridden with crime. A socio-economic balance is crucial. She also expressed concern with setting a precedent allowing the downtown to become the low cost housing area for the City. She commented that a community can only be as healthy and strong as each neighborhood allows it to be. Council Member Gardner inquired of Mrs. Shakespeare if one of these projects would qualify anywhere between the black ridges. Mrs. Shakespeare replied that only mixed use projects would be beneficial. She inquired why St. George had to provide all the workforce housing in the County. Dan McArthur advised that his family has property in the area being discussed and he is concerned about the impact the project will have on the area. He then read a letter from Angelo Gaspare, the owner of the Albertson?s shopping center, suggesting that a new commercial zone be created to permit this type of project. Mr. Gaspare also expressed concern that his parking lot would become the parking lot for this facility. Ross Taylor commented that the concept had merit, but some areas would be positively and negatively impacted. He expressed concern with the management as management can change and the City does not want to get in the business of code enforcement of CC&Rs. A PD project needs a definite management concept built into it so that if St. George City Council Minutes October 19, 2006 Page Twelve management changes the values, limitations and standards remain. They should be well-defined and legal so they aren?t discriminatory. Royden Wittwer commented that if someone is making $20,000 a year, this would be $500 a month for rent, not $300 a month. He expressed concern about parking. He stated he liked the PD concept and suggested that all nearby property owners be notified of the issue as they will be affected. Rick Adams agreed that a PD is the approach to use. He stated that he had a client who invested in government subsidized housing, and after 15 years the project got so bad that it was torn down. Georgia Barker commented that at the Vision Dixie meeting, a comment was made that a lot of people who wanted high density really did not like what they saw, and they talked about the importance of setting values for what is desired. She stated that the proposed project sounded like low income housing rather than workforce housing. She questioned the density and inquired how many people would live in each unit. Community Development Director Bob Nicholson replied that it is proposed that most of the units be limited to single occupancy. Georgia Barker commented that she liked the requirement for two parking spaces per unit and suggested the project be considered for the Sunset Blvd. or Green Valley area. Scott Safford replied that the Gateway project has some condo units selling for $400,000 right next to an apartment project, 50% of the units of which are designed for low income, affordable workforce housing. He stated that the best way to make a great neighborhood is to mix all kinds of housing. St. George?s downtown area is big, and this project is just the first installment. He stated he suspected there were others looking into putting market rate housing in the downtown. Part of the deterioration of the downtown has been because of suburbia. The proposed ordinance is looking at an installment of need to create a zone that can financially work. Low income tax credits last for only so long and when they go away someone will come in and do a conversion to high end housing. He stated he hated to see the City so scared that it does not provide any housing for the workforce. Many projects have been renovated after the tax credits end. He stated that society has to provide a place for workforce people to live and the downtown is an excellent location because it provides ease of access to needed services. It is a balancing act trying to make an affordable, attractive project with the right amount of parking. The things being proposed are from experience. The Liberty Metro apartments have a turnover rate of 100% a year, and all units are occupied with a significant waiting list. There is a huge need for this type of project. Mr. Safford commented that low income and affordable housing have negative connotations. This is workforce housing at a targeted lower rent. There will be less crime in the area because of the project, and the occupants will want to park on site for security reasons. There being no further public comment, Mayor McArthur closed the public hearing. Council Member Whatcott commented that in his mind this project is separated from downtown residential because of the location. If this project were proposed for the corner of Tabernacle and Main or 100 South, there would be a totally different set of criteria. He stated he felt a PD was a better vehicle to deal with the issue and he felt this should be pursued and the proper criteria put in place so the project can move forward. Deputy City Attorney Paula Houston advised that in order to pursue a PD zone the request would have to be denied. City Manager Gary Esplin advised that the ordinance would have to be amended to allow PD residential in commercial zones. St. George City Council Minutes October 19, 2006 Page Thirteen Community Development Director Bob Nicholson advised that the time frame could be shortened if the necessary actions could be piggy-backed. The PD code would have to be amended to add criteria, public hearings would have to be held, and the zoning map will have to changed. He stated he was not sure this could happen concurrently. MOTION: A motion to deny the request and pursue a PD amendment was made by Council Member Whatcott. SECOND: The motion was seconded by Council Member Gardner, who commented that it would be expeditious for the City and applicant to try and complete the steps necessary concurrently. City Manager Gary Esplin clarified that by requiring a PD designation for these types of projects, each project will be considered on its own merits. VOTE: Mayor McArthur called for a roll call vote, as follows: Council Member Whatcott - aye Council Member Gardner - aye Council Member Orton - aye Council Member Allen - aye Council Member Bunker - aye The vote was unanimous and the motion carried. Mayor McArthur called for a break. Upon the conclusion of the break, the meeting resumed. PUBLIC HEARING/RESOLUTION: Public hearing to consider approval of the Parks and Recreation Master Plan by resolution. Mayor McArthur announced that this item has been under consideration for some time, and a committee was formed to study the issue and make recommendations. He then read the names of the committee members. Jan Streifel of Landmark Design presented a power point presentation on topics including completed activities, community profile, results of the survey, neighborhood park definition, existing neighborhood parks, community park definition, existing community parks, neighborhood parks in new development areas, recommendations and actions, the City?s role, most used recreation facilities and programs, most desired activities and facilities, existing recreation facilities, key issues, community arts, trails, and next actions. Mayor...


City Council Minutes 01/18/2007:
...ation on an overview of impact fees, definition and purpose of fee, public facilities for which impact fees may be collected, legal authorization of impact fees, and considerations in establishing impact fee structure. He stated that if the City did not adopt 100% of the recommended impact fee, there would be inequity based in terms of funding capital facilities and if the developer is not paying the costs, someone else has to. The recommended impact fee for single family residential is $2,729.69. The recommended impact fee for multi-family residential is $2,827.89. No impact fee for commercial development is being recommended at this time. Mayor McArthur opened the public hearing. Curt Gordon representing Desert Canyon Development, questioned how the fee was calculated and if it included land acquisition costs for parks. City Manager Gary Esplin replied that it does not include land acquisition costs for neighborhood parks, four acres or less, but it does for community parks and also includes construction costs for neighborhood parks. Mr. Gordon inquired if there would be a reduction in the fee if the developer dedicated the land. City Manager Gary Esplin replied that a reduction could be given if the land dedicated was for a community park but not for a neighborhood park. Jason Burningham commented that community parks are system improvements and identified in the capital facilities plan. If a developer dedicates a certain amount of acreage, he or she would receive a dollar for dollar credit on the impact fee. Mayor McArthur advised that the improvement would have to identified in the capital facilities plan. Mr. Burningham explained that a concern he is trying to address in the master plan is receiving land, but not useable land because of slope or location, etc. or land tied to the master plan or system improvements. He stated he tried to be specific in identifying system improvements so it is clear to developers when they would get impact fee credits. Mayor McArthur commented that the City receives many donations of hillside property and river bottom property and inquired how this would fit in. Mr. Burningham replied that if the property is useable for a linear park or trail, and if there is connectivity, the developer could receive credit on the trail component of the impact fee. City Manager Gary Esplin advised that the developer would receive credit if what he or she is donating is above and beyond what is required for the actual development itself. St. George City Council Minutes January 18, 2007 Page Seven With regard to community parks, the master plan identifies in what areas the City is trying to locate them, and the developer would have to meet this criteria. Council Member Gardner inquired when the fees would be collected. City Manager Gary Esplin replied that the impact fee would be collected at the time the building permit is taken out, but the in-lieu fee would be collected at the time of platting the subdivision. There being no further public comment, Mayor McArthur closed the public hearing. Darrell Hafen stated that he would like to make public comment on a different matter. City Attorney Shawn Guzman advised that if the item was not on the agenda, it could not be discussed. Mayor McArthur advised Mr. Hafen to submit his request in writing and he would be scheduled on an upcoming agenda. Leisure Services Director Kent Perkins commented that although the fee was established with mandatory dedication in mind, he stated he would like to present how the fee will be administered in house and the process to follow. The ordinance indicates that if the funds are not used within a certain period of time they must be returned. In order to protect the interests of the development community, the City is obligated to do this. City Manager Gary Esplin commented that this is a integral part of the fee, but if the City Council chooses not to approve mandatory dedication, staff will have to come back with a recommendation to increase the fee or change the provisions of the ordinance because there will be no funds to purchase neighborhood park property. City Attorney Shawn Guzman advised that another option would be to make the new ordinance effective March 1 in order to give staff time to make additional recommendations. MOTION: A motion was made by Council Member Bunker to approve the ordinance with the provision that it take effect on March 5. SECOND: The motion was seconded by Council Member Whatcott. VOTE: Mayor McArthur called for a roll call vote, as follows: Council Member Bunker - aye Council Member Whatcott - aye Council Member Allen - aye Council Member Orton - aye Council Member Gardner - aye The vote was unanimous and the motion carried. Jason Burningham clarified that any building permits issued between now and March 5 would be under the old impact fee structure. ORDINANCE: Consider approval of an ordinance amending Title 7, Chapter 2, Section 5, St. George City Code, to eliminate the amounts for liability insurance, property insurance, and bond amounts, and provide that the City Council will set the amounts by resolution. City Attorney Shawn Guzman explained that the City?s current ordinance states the dollar amount for minimum insurance requirements for bonding and insurance certificates. The minimum was $500,000 per occurrence, but under state law the City St. George City Council Minutes January 18, 2007 Page Eight would now be liable for $1,107,000. Rather than changing the ordinance every year, it is recommended that it be established by resolution. MOTION: A motion was made by Council Member Gardner to approve the ordinance. SECOND: The motion was seconded by Council Member Orton. VOTE: Mayor McArthur called for a roll call vote as follows: Council Member Gardner - aye Council Member Orton - aye Council Member Allen - aye Council Member Whatcott - aye Council Member Bunker - aye The vote was unanimous and the motion carried. RESOLUTION: Consider approval of a resolution adopting minimum insurance and bond amounts. MOTION: A motion was made by Council Member Gardner 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 Gardner - aye Council Member Allen - aye Council Member Orton - aye Council Member Whatcott - aye Council Member Bunker - aye The vote was unanimous and the motion carried. RESOLUTION: Consider approval of a resolution for a lot line adjustment and public utility easement abandonment in the Canyon Terrace Subdivision. City Manager Gary Esplin explained that the request had been reviewed by the JUC and all City departments, and the necessary dedication of other easements had been made. Staff recommends approval. City Attorney Shawn Guzman recommended that any approval be subject to receiving the new easements. MOTION: A motion was made by Council Member Gardner to approve the resolution subject to receiving the new easements. SECOND: The motion was seconded by Council Member Whatcott. VOTE: Mayor McArthur called for a roll call vote, as follows: Council Member Gardner - aye Council Member Whatcott - aye Council Member Allen - aye Council Member Bunker - aye Council Member Orton - aye The vote was unanimous and the motion carried. Mayor McArthur announced that the public hearing for The Flats at South Pointe was tabled at the applicant?s request. A discussion concerning 450 North Street will be scheduled on the next City Council agenda. St. George City Council Minutes January 18, 2007 Page Nine PLANNING COMMISSION REPORT: Community Development Director Bob Nicholson advised that the Planning Commission, at its meeting held January 9, 2007, scheduled public hearings before the City Council on February 1, 2007 at 5:00 p.m. to consider a zone change from M-2 to M-1 on Lot 26 of the Millcreek Subdivision. FINAL PLATS: Community Development Director Bob Nicholson advised that the Planning Commission, at its meeting held January 9, 2007, recommended approval of the following final plats: Franklin Place Amended and Extended Phase 1, Tuscan Hills Phase 3, Ledges Phase 10, and River Crest Phase 4. Council Member Gardner declared a conflict of interest with regard to the Ledges Phase 10 plat. MOTION: A motion to approve the final plats for Franklin Place Amended and Extended Phase 1, Tuscan Hills Phase 3, and River Crest Phase 4 was made by Council Member Orton. SECOND: The motion was seconded by Council Member Gardner. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. FINAL PLAT: MOTION: A motion was made by Council Member Orton to approve the final plat for Ledges Phase 10. SECOND: The motion was seconded by Council Member Whatcott. VOTE: Mayor McArthur called for a vote, as follows: Council Member Orton - aye Council Member Whatcott - aye Council Member Allen - aye Council Member Bunker - aye Council Member Gardner - abstained The motion carried. CONDITIONAL USE PERMIT (2006-CUP-037): Consider approval of an amended conditional use permit to expand an existing gravel pit located in Section 27, T43S, R15W, near the Utah/Arizona line. Quality Excavation, Inc., applicant. Planner Ray Snyder explained that in 2004 a conditional use permit was approved for 19 acres. The applicant is now requesting approval of a new 54 acre site. A technical report was done by Rosenberg Engineers. The site is close to the new Viacon facility in the Ft. Pearce Industrial Park. The applicant proposes to mine the area in phases and will reclaim each phase as it is done. The property in the future would most likely become a golf course area, with a small percentage as possible residential. Extensive conversations with staff have been held about the geotech reports and making sure the sites are compacted. The site is not located close to residences. The applicant will keep the equipment on the existing 19 acre site. Staff recommends pre-watering of each phase prior to disturbance and mitigation of each phase prior to a new phase. A letter response from the applicant has been received agreeing to the terms of mitigation. The Planning Commission recommends approval subject to: 1. Provide perimeter fencing on the existing 19 acre site. 2. Provide a fencing plan for the 54 acre site. 3. Regarding the original 19 acre site, provide a site mitigation plan. The existing gravel pits are to be mitigated. This includes a geotech report and testing to the satisfaction of the Engineering Department. St. George City Council Minutes January 18, 2007 Page Ten 4. Re-vegetate nine acres of the original CUP (19 acres). Refill or provide an alternate mitigation to prevent airborne dust from scrapped areas. 10 acres may be used for mining equipment. 5. A dust control plan shall be submitted. 6. The applicant shall demonstrate mitigation of the high sulfur content in the associated production well. 7. A backup water source from a city hydrant where the haul road meets 1630 East shall be coordinated with the Water Department. 8. A channelization study is required. 9. As applicable, FEMA permits to be obtained. 10. As applicable, Army Corp of Engineers permits are required. 11. Provide a phasing plan. 12. The truck route shall be as previously approved for Case No. 2004-CUP-014. 13. The access road shall be 90 degrees and a stop sign installed at 630 East. 14. Provide a more specific plan for controlling dust along conveyors, stock piles and disturbed areas. 15. Provide a more specific plan for controlling dust during blasting operations. Mr. Snyder stated that the main concern was with dust from all activity in the valley added together. The applicant is working closely with staff on air particulate control. Council Member Gardner commented that the major concern with the new airport site is enough water for compaction of the soil. He suggested the City pursue cost sharing with the applicant as the City has underground water rights for this purpose as well as compaction for the new airport. City Manager Gary Esplin replied that he would check into the feasibility of this suggestion. Entrada ended up with some water rights in this area. He commented that with regard to dust, enforcement is no problem. The dust can be seen and it boils down to keeping trucks from stirring up too much dust and the key is water. The applicant?s plan meets state standards, and they currently are not in violation of any state standards. Mayor McArthur commented that much of the mud tracked onto streets by the large trucks turns to dust. City Manager Gary Esplin commented that a hard surface road will be built in this area within the year or as part of the extension of utilities to the new airport. Bill Swensen commented that the applicant?s site is located out two miles on a gravel road which has been well maintained in the past. The applicant has done a good job of keeping the dust down and there are no track-out problems with this site. The applicant submitted a very good dust control plan. City Manager Gary Esplin advised that the applicant is precluded from operating at night. Mr. Swensen explained that if there is an inversion in the morning and someone has operated all night, the dust remains in the air. The crushers will not operate without water spray misters. There was a request to do intermittent night operations, but staff is against it. There will, however, be extended hours in the summer. MOTION: A motion was made by Council Member Gardner to approve the conditional use permit subject to all recommendations made by staff and the Planning Commission. SECOND: The motion was seconded by Council Member Bunker. Council Member Bunker inquired how the sulfur smell of the water would be mitigated. St. George City Council Minutes January 18, 2007 Page Eleven Rick Rosenberg replied the applicant is working with a company who provides a treatment system to reduce the sulfur content and this should be on line within 30 days. He advised that the smell may be coming from other facilities as well as there are three other facilities located closer to the residential areas. VOTE: Mayor McArthu...


Technology:
...mation on the City website (www.sgcity.org).Free Wi-Fi at public parks and facilities. See map at http://maps.sgcity.org/sgcitywifi.Services and apps ...


Planning Commission Minutes 07/12/2011:
...s proposed then the applicant shall provide a camp site plan and sanitary facilities plan to be approved by council.8. Provide a photometric plan and evidence that only dark sky style (shielded) lighting will be used.9. Findings for CUP.Curt Gordon with Desert Canyons Development said the concept on the park is to have regional events that will attract out-of-towners to this City. He said on the issues raised by City staff he would be willing to address. Commissioner Campbell asked about the dirt treatment product.Curt replied that magnesium chloride is a chemical component that binds with the contents of the soil and lasts quite some time. In addition to that, they will use water to maintain the dust. Commissioner Read questioned the use being for five years, is that because you anticipate residential homes will be in the area by then so you won’t use the land for that use? Curt said the parcel is for a temporary use. Curt said they have most of the major utilities in place already and there is a well on site. They are not planning on permanent facilities. Curt said this site is a former gravel pit. So the area is not all dirt but it is mostly gravel. He said they would like to ask the board to consider the area of gravel as an acceptable use for the parking. Just for clarification they will not use magnesium chloride for the dirt bike track, they will instead control that site with water. Commissioner Read asked about how many people they expect to show up on a regional event.Judd Palmer the applicant said they may have about 800 people on the daily events but on the nightly events around 200. He said people will not be going in and out every day. The majority of the people will remain in the area for most of the day. Commissioner Read asked if they have used this magnesium chloride chemical before.Mr. Palmer replied he has and he uses the product in his construction business as well. They will apply the chemical on the parking lot as needed. It can be applied twice a year and he feels that will be satisfactory. They will apply more often if needed. Mr. Palmer said he has been in this sport for 20 years and he has never seen a paved parking lot.Bob Nicholson Community Development Coordinator asked if they be willing to apply the chemical on a frequency as needed at the request of the Airport Manager.Mr. Palmer replied yes.Rich Stehmeier Airport Manager said he noticed as they started to work out there they did not have water on the road yet and it created a dust cloud. When he spoke to Curt Gordon on the issue of the dust they resolved the problem quickly with water and he has not seen any more dust clouds since.Commissioner Read inquired as to what kind of noise distance travel can be expected (to be heard) in the Ft. Pierce area or at the Airport. Curt Gordon said the area sits down in the valley a couple of hundred feet below the elevation of the runway. The area has hills around it which will buffer the noise level. He feels the noise won’t be able to travel a long way.Commissioner Read asked what they plan to do for lighting in the parking lot.Mr. Palmer said they will have basic temporary construction yard lighting used for the parking lot lights. They will direct the construction lights downward for now. He feels they will have a good turnout for this use especially from Mesquite and Cedar City. Deputy City Attorney Paula Houston pointed out to the Planning Commission that the use of “all weather surfacing materials” cannot be waived. Either the ordinance can be changed or they can rule on whether the materials presented are all weather surfacing materials. If Planning Commission makes a determination on this material it does not just apply to this specific use but to all parking lots that may come forward in the future. Bob Nicholson said on parking lot development it states in the ordinance “a parking lot shall be paved with an approved surfacing material of asphalt or concrete composition or some other all weather surfacing material approved by the Planning Commission . . .” in order to make this a narrow decision instead of a broad decision could they say because this is a short term use for 5 years could they consider this an all weather material because of the limiting time span? Deputy City Attorney Paula Houston replied they would not be able to do that. She references other sites such as industrial parks that don’t want to pave a lot. This has to be able to be distinguished from this situation. The only option is to change the ordinance to allow for a temporary use like that.Curt Gordon believes Planning Commission should consider the setting and the context. He would encourage them to consider their choice of the chemical. The magnesium chloride will be put down everywhere but the bike track.Deputy City Attorney Paula Houston said she is fine with the board meeting that definition but they need to justify other businesses coming in and using that product and would they be comfortable having this product in other areas in the city? Commissioner Nobis asked if is it better to rewrite an exception into the ordinance or should they just make the determination. Paula Houston Deputy City Attorney replied if it meets the qualification as all weather surface material or if you are questioning whether it really arises to that level for performance then they may change the ordinance to allow this as a surface for temporary use. You could approve this as a ‘trial’ and then if it works then you can determine on the next one that comes in whether it works or not. Commissioner Read inquired if the Planning Commission should specify in the approval language such that they have the ability to see if the product is still working after a 90-day trial or review and should the project be re-visited every 90 days?Deputy City Attorney Paula Houston said they could approve it for this project, as a ‘test case.’ Then if a new business comes in and wants to use the same product the board could make the determination by seeing if the product worked or not. MOTION: Commissioner Campbell made a motion to recommend to City Council approval for a conditional use permit for a Moto Cross Park on 30 acres. The property is located northwest of Exit 6 on the Southern Parkway and in relationship to the City staff comments the items be addressed by the applicant and in relationship to the findings that they see no problems except with the all weather parking ordinance. The proposed magnesium chloride to be used as an all weather surface and that they are accepting the material on a ‘test system’ only and will review its performance in a four month period. Commissioner Hullinger seconded the motion. All voted aye.B. Consider a request for a conditional use permit for permission to establish and operate a Child Day Care. The proposed maximum number of children would be sixteen (16). A city business license and state license are both required. The applicant is Mrs. Nelson. The zoning is R-1-10 (10,000 square foot minimum lot size). The property is located in Bloomington at 1427 West Montezuma Circle. Case No. 2011-CUP-010Ray Snyder Planner II presented the request to establish and operate a Child Day Care. The applicant proposes to operate a Child Day Care business in a single family residence. The applicant is proposing to have a maximum of sixteen children. The hours of operation would be 9:00 a.m. to 6:00 p.m. The applicant will work with the neighborhood to mitigate any drop off and pick up issues. If the Planning Commission recommends approval, staff suggests the following conditions:1. Based upon other child day care conditional uses approved by the Planning Commission staff recommends a maximum of sixteen (16) children only.2. A final fire inspection would be required prior to operation. The applicant shall comply with all Fire Department conditions; such as the posting of fire escape routes, smoke alarms, etc.3. The applicants shall work with the neighborhood to mitigate any drop off and pick up issues.Ray said the neighbors were asking how many children Mrs. Nelson has. She has 11 children. So she can have 5 more children coming into the child care. The age of the children would be 2 to 5 years of age. Ray stated the letters from neighbors in opposition to this request.Commissioner Nobis said seeing this is a rental home he feels a signed document from the owner of the home would be appropriate so they will be aware what their home is being used for besides living quarters for the renters. He feels they cannot over look that.Mrs. Nelson clarified that they actually own the property. They do not want to decrease the value of their home either. The traffic will be migrated by picking up and dropping off at different times. During school hours they will have the pre-school. She has already received phone calls from parents that would use this service close to their home. With the hot weather the children can only handle 10-15 minutes outside. They will go out twice a day and it will be staggered with the age of the children. She pointed out that they will put in a fence to block off the rear yard. She said in her policy and procedures she will clarify the pickup and delivery times to the parents. She will have it very organized and timely.Council Member Ben Nickle said he has experienced this type of use. The board could stipulate how many children she could have outside at one time.Mrs. Nelson said they would like to have 8 children out at one time but she could work with what stipulations will be put upon her. Council Member Ben Nickle said would you consider having just 4 children at a time outside. Mrs. Nelson said she would do that.Mary Whitaker represents three other houses in the neighborhood. This is not what they want in the neighborhood. Her concerns are noise and traffic. Council Member Ben Nickle asked if she would like to wait for two weeks to be heard by Planning Commission again due to the fact that no all are present tonight. He pointed out that she will need all four members here tonight for a complete vote. Mrs. Nelson wants to move forward with the vote tonight. MOTION: Commissioner Hullinger made a motion to recommend to City Council approval for a request for a conditional use permit for permission to establish and operate a Child Day Care. The proposed maximum number of children would be sixteen (16) and include staff comments and also place a stipulation that only 4 children can be outside at a time and not more than 16 children in the home including her own and stagger the times for drop off and pickup. Commissioner Nobis seconded the motion. All voted aye. B. Consider a request for a conditional use permit to operate a Bed and Breakfast and Day Spa Salon in the James Andrus Home, a designated City Landmark site. The zoning is RCC (Residential Central City). Located at 164 W 100 S. Case No. 2011-CUP-011 Craig Harvey Planner I presented this item. The request is to re-establish the Bed & Breakfast with 3 sleeping units and add a hair salon. The Planning Commission and City Council previously approved the site as a landmark site in the downtown area. The CUP for a Bed & Breakfast has not been used since 1995 and the CUP has expired.The previous approval was approved for 3 bedrooms upstairs and 5 parking spaces would be required. Craig said they would need to have six parking spaces and maintain an open and clear driveway. The applicant has indicated that they have seven parking spaces available. They expect 2 to 3 clients for the hair salon per day.Craig went over staff comments and findings.1. The applicant shall provide a minimum of six (6) off street parking spaces on site. 2. The applicant shall maintain an open and clear driveway.3. The applicant shall maintain the level of landscaping.Sylvia Gaskell the applicant spoke on the required parking. They feel they have enough room on their property. Craig will meet with them tomorrow to make sure they meet the requirements for parking.MOTION: Commissioner Nobis made a motion to recommend to City Council approval for a request on a conditional use permit to operate a Bed and Breakfast and Day Spa Salon in the James Andrus Home, a designated City Landmark site along with staff comments and have this motion conditioned on meeting with staff to make sure they meet the parking requirements and include the findings A-K. Council Member Nickle seconded the motion. All voted aye.ZONE CHANGE REQUESTS – PUBLIC HEARING (5:00 P.M.)A. Consider a zone change request from the R-3 (Multiple-Family Residential) zone to PD-COM (Planned Development Commercial on 4.9 acres located at approximately 2000 East Riverside Drive. The applicant is Mr. Rich Lewis. Case No. 2011-ZC-005 Bob Nicholson Community Development Coordinator said this is to consider a zone change request from R-3 to PD-COM on 4.9 acres. The property is located on approximately 2000 East Riverside Drive. Bob said the applicant is aware about the flood hazard and understands he will have to have an erosion plan in place. The site plans consist of assisted living and retail stores. They are proposing to have 80 beds and on the other side to have Parking calculation is one space for each 250 sq. ft. of floor area. Bob said the applicant is proposing four single-story buildings, two for an assisted living facility with 155 beds total. Retail/office space is also proposed in two separate buildings. Bob said they may need a deceleration lane.Bob read over the uses that could be used in the retail spaces. Some of them may not work for this area. Bob said hospitals, mental health facilities with overnight stay and construction trade services are what Planning Commission felt would not be a good fit for this area at our last meeting. The applicant is in agreement to remove those propose uses. Bob mentioned the call center being a recommended use. This use would have to be based on the parking requirements being adequate.Rich Lewis the applicant said he is fine deleting those three uses but he would hate to delete anymore due to today’s economy. Rich said they did position the building back on the site plans so they could accommodate a decal lane. Deputy City Attorney Paula Houston said on the telemarketing, the applicant would have to come back and amend the plan. They could recommend that the call center be a small call center to use the parking that is being proposed.MOTION: Commissioner Nobis made a motion to recommend to City Council approval for a zone change request from the R-3 (Multiple-Family Residential) zone to PD-COM (Planned Development Commercial on 4.9 acres located at approximately 2000 East Riverside Drive and delete the stated uses (hospital, mental health facilities with overnight stay and construction trade services.) Commissioner Hullinger seconded the motion. All voted aye.B. Consider a zone change request from PD-RES (Planned Development Residential) to PD-COM (Planned Development Commercial) on 26.07 acres to develop an RV Park located approximately ½ mile northeast of Exit 6 on the Southern Parkway. The applicant is Desert Canyons. Mr. Curt Gordon, representative. Case No. 2011-ZC-007 Craig Harvey Planner I presented this item for a zone change request for a RV Park on 26 acres. This proposed RV Park is planned to support approximately 200 spaces with room to expand in the future. Facilities planned for this development will include full hookups for all s...


City Council Minutes 06/07/2012:
...approved. He stated it was his belief that neighbors and clients of nearby facilities will not even know what is going on in the building. This specific site was previously leased for three years to a restaurant with a liquor license. The Crystal Inn restaurant, right around the corner, also sold liquor, and this never affected Mr. Arslanian’s business. He stated he disagreed there will be potential problems with a non-alcoholic, non-smoking establishment. The list of uses presented was not intended to be all-inclusive. Similar allowed businesses include amusement enterprises, athletic club, bowling alley, health club, social hall, music store, penny arcade, recreation center, roller skating rink, etc., all with similar dynamics to a dance hall or dance instruction. He stated that right now he could open a convenience store or drug store and could sell alcohol or tobacco, or a grocery store. If anyone wants to obtain these items, they are all located within a half mile. People will not come to a non-alcoholic and non-smoking facility and find trouble. There are City ordinances in place for dance halls, which helps limit the possibility of drinking in parking lots. Customers will be required to pay an admission fee in order to gain readmittance to the building. Music is considered to be unnecessarily loud if it can he heard more than 100 feet from a building. As the crow flies to the property line is 250 feet, estimating it is another 150 feet to the closest building at Eagle Ranch Academy. Additionally, it is unlawful for any person to allow an intoxicated person to be on the premises. He stated he felt adequate protection was in place for those businesses located around the premises. He stated that as the landlord, he has ten other tenants in the building, and his personal business is located on site, and no one would be more affected than he would. Michael Renart advised he has been a customer of Mr. Carter’s at the Dance Factory, and he learned to dance there with his two daughters. He stated he has seen more drinking at LDS single adult events than at any of Mr. Carter’s places. He stated Mr. Carter’s facilities are the only dance facilities that are alcohol and smoke free. He stated it would be disastrous to not allow this type of activity. Mayor McArthur advised he is limiting comments to two minutes. Jordan Renart advised that she attends Mr. Carter’s dances with her sisters and father where they swing dance, do the two-step, and line dance. It is not only fun, it is family fun. She stated it is very hard to find something fun to do without alcohol, smoking or St. George City Council Minutes June 7, 2012 Page Nine drugs. She stated that Mr. Carter’s customers are the best security as they make sure nothing bad is going on because they want the facility to remain open. Tara Ferrin advised she has taken her children to the Dance Factory and there has never been a safety issue. She stated that her daughter and son-in-law met at the Dance Factory. She stated it is nice to know that when her children attended, they were off the street in a safe environment without alcohol or drugs. She stated she was in favor of the zoning amendment. Christina Jackson commented she has been attending Mr. Carter’s dances since she was 16 and she has met many great people and made many friends there. She stated she hoped the City Council would allow Mr. Carter’s facility to remain open. Adam Munks advised that dance is his passion and he has been attending Mr. Carter’s dances for 15 years. Janece Gardner commented her kids attend the Dance Factory and her daughter and son-in-law met there. She and her friends line dance there every week. Heather Chris advised she has been attending Mr. Carter’s dances for 13 years in a clean environment with no alcohol. Mr. Carter has made the dances welcoming for families, and her seven year old even attends. Jason Crist advised he courted his ex-wife and his current wife at Mr. Carter’s dances. He commented that Mr. Carter is reputable and honest. Nadia Crawford commented she started attending Mr. Carter’s dances in 1996 and she wants her children to experience the dances too. Heather Lightner said she has made lifelong friends at Mr. Carter’s dances. She stated that having Mr. Carter open again is the only release she has from being a mom. Catherine Bradshaw commented she has not only learned to dance at Mr. Carter’s dance facility, she has also learned life lessons there. Sophia Mill commented that Mr. Carter always insists on lady-like behavior and she thinks of Mr. Carter as a second father. She stated Mr. Carter was there for her when her own father, who was a truck driver, couldn’t be. She stated that because of Mr. Carter’s character, there will never be a problem. Kaylee Armstrong commented that Mr. Carter’s dances are good, clean fun, and she would like to take her children there. Kathy Westerby, age 64, commented that it does not matter how old or young, everyone feels comfortable at Mr. Carter’s dances. She stated she hoped Mr. Carter would not have to pay for someone else’s dance studio that might not be as good, as that would not be fair. She stated that St. George needs Mr. Carter. Danielle Loveless commented there is a family atmosphere at Mr. Carter’s establishment. She commented that line dancing encourages positive behavior, and country music is a good thing. Mr. Carter is a good example and encourages and motivates others to better their lives. Vincent Stringham advised that he has been going to the Dance Factory for 16 years and it is a great place for youth and to relieve stress on the dance floor. Elise Bee commented she attends the dances because she can breathe the air and exercise. She commented that none of the other tenants in the building are present to contest the request and they are supportive of the business. There is a karate studio to the right of the proposed location, and other tenants include a massage and fitness center and a dance studio for children. Dan Bicell encouraged the City Council to make the right decision and keep the Dance Factory open. Kathy Hawkes advised she has been attended Mr. Carter’s dances for eight years. She stated that Mr. Carter is an excellent person, and everyone polices each other at the dances. Lisa Hubbles commented that a lot of people have respect for Mr. Carter, and everyone is getting something that they love to do. St. George City Council Minutes June 7, 2012 Page Ten Eric Wallin commented that he has been attending Mr. Carter’s dances for 14-15 years. He stated there is nothing to do in this town that is as clean and wholesome as going line dancing. Eros Mackie commented that as a neutral citizen, he wanted to know why Mr. Carter is in business when a dance studio is against the code. Jim Arslanian advised he is the in-house attorney for Eagle Ranch Academy as well as part-owner and admissions director. He stated he has a solution to the problem which is a win-win. If everyone who supports Mr. Carter will help him find a location in a C-3 zone, then that will help Mr. Carter open his dance hall, as a dance hall without alcohol is a permitted use in the C-3 zone. None of the comments made address the legal issues. Eagle Ranch Academy is not opposed to dance halls, however, they are opposed to a dance hall within 200 feet of their property line in a PD zone that does not allow that type of business use. A packet has been provided to the City Council with a legal analysis and expert opinion in opposition to the zoning amendment. The City Ordinance relating to this matter is clear in what the applicant has to prove. Eagle Ranch Academy is a youth residential treatment facility, and he feels they are being attacked. The property where the treatment center is located has been a residential treatment facility for 27 years. City Code provides that the applicant must show that the proposed business is both compatible and in harmony with the existing businesses in the PD zone. He personally walked and measured from property line to property line, and it is within 200 feet. There is an adult detox facility across the street. It defies logic to think that a dance hall is compatible and in harmony with a youth residential treatment facility or adult detox facility. It is a bad idea and can create problems for patients and residents. Stephen Wade has provided a written statement in opposition to the application and would like it read into the record. The application does not meet legal standards and must be denied. He stated it was fair to call a dance hall a nightclub, and Mr. Carter’s business has at least one pool table set up. It is also to be noted that for two to three years, the property owner has been in violation of the existing zoning regulations as he already has a children’s dance studio on the property and that has never been an allowed use in the Southgate PD, and is the reason dance studio is included in the application to amend the zone. He stated that there has been no evidence, testimony or statement provided to the City Council that a court would consider that would touch upon the burden of proof that the applicant has. Mayor McArthur commented that the City Council has a right to determine this matter. Mr. Arslanian commented that if the City Council approves this request, it will have to approve the request for anyone who wants to operate a dance hall in that zone, regardless of the applicant’s character. Again, the applicant has the burden of proof that the use is in harmony with the PD zone. Jerry Thamert, Clinical Director of Eagle Ranch Academy, read a letter he wrote in opposition to the zoning amendment. He objected to the dance hall because of its party-like atmosphere and the fact that it would remain open three hours after the patients are in bed. The dance hall will put the patients at risk. The location is on a hill and in view of the patients and would be a distraction. Night life is a trigger for students, and there is an impact, whether or not there is drinking or smoking. He inquired what would stop the applicant from selling the business to someone else who may not have the same integrity. Kirk Smith commented that as a former law enforcement officer, he deals in worst case scenarios, and he has been around enough dances to know that it only takes one person to ruin it for everyone. He stated there are places available that are already zoned for a dance club, and the current zoning should not be changed. Ron Hahn commented that people will come to the dances who have been drinking, whether it is permitted or not, and the dance club will bring traffic and parking problems, loud music, and as an advocate of youth he does not see it as a desirable thing in the community. The nearby treatment centers are trying to break cycles, and the dance hall will trigger emotions. The welfare of young people should always come first. He stated that a treatment center would never build next to a dance hall. Paul Arslanian, founder and co-owner of Eagle Ranch Academy since 2005, stated he did not doubt that Mr. Carter runs a great program, but once the cat is out of the bag, the door cannot be closed. He stated he was disappointed with the PR blitz that has gone on and he felt attacked and demonized because he opposes the request. He read a letter from Stephen Wade expressing opposition to the request because of the possibility of increased vandalism to vehicles. Mr. Arslanian commented the three existing businesses in closest proximity oppose the request. He recommended that the applicant find zoning elsewhere where the use is permitted. St. George City Council Minutes June 7, 2012 Page Eleven Greg Anderson, owner of the adult detox hospital, stated his property is inches from the proposed site and shares a property line. He stated the area is conducive and appropriate for his business, and there is no other place for it. He made the decision to be there because of the City Council’s coaching and requirements of that type of facility. He promised the City Council not to have any mandated clientele. A dance facility can go anywhere, but there are not many places for rehab facilities. The area is quiet and the treatment centers located there are reputable businesses which bring in a lot of revenue to the City. He stated his facility is voluntary, and if his clientele see the commotion, even without alcohol, they will want to go out his door and do something they are trying to eliminate from their lives. John Carter commented he obtained a business license over a month ago to open his business for dance instruction. There is no negative impact, and the nearby treatment center did not even know he was there because they cannot hear or see them. The opposition is based on scare tactics and worst case scenarios. A recreation center is allowed in this location, and if he has to, he will change his business to a recreation center. He stated his dance business is a business just like the oppositions, and if run improperly, any business can create problems for the community. He stated he has invited the treatment center people to come and visit his business, but they have not done so. He stated he would not sell his business to anyone, and each application for a dance hall should be judged on its own merits. Dance halls can be good for a community, but regulations are needed. His business is reputable and invisible. He stated he would support whatever decision the City Council makes. Dan Derrick, applicant, disagreed that this proposal is not compatible and not in harmony based on intended but not inclusive uses. He stated that all issues have been addressed. It is physically impossible for the detox center or Stephen Wade or the Eagle Ranch to look through the windows and see what is going on. He encouraged approval of the request. Mayor McArthur closed the public hearing. Councilmember Hughes inquired if the City Council would have to approve the use if it were a permitted use. City Attorney Shawn Guzman replied no, only if it is a conditional use. The applicant will still have to obtain a business license for a dance hall. The ordinance says that dance halls are permitted in certain zones. Councilmember Pike commented it was his understanding that the City Council can decide what is in harmony with the PD zoning. City Attorney Shawn Guzman replied this is correct, noting that many of the comments made in opposition to the dance hall are the same comments the City hears in opposition to treatment facilities. The ordinance is clear in that the intent is to allow the City...


City Council Minutes 08/21/2003:
...ted that perhaps the City should do its own impact study on these types of facilities. He also cited the effort the City has put into its downtown area with redevelopment, and he was not sure the proposed program enhanced it. While the program may be a good business and well thought-out, it may not be the best for the community and downtown. He stated he also saw major problems with the parking, and while parents coming to visit their children may be beneficial to businesses, hotels and restaurants, it is a minimal impact as the community?s resort image may be tainted, and in his opinion the community impact statement does not cover the impact on the community. Mr. Peacock replied that while the report may not be as detailed as the Council has seen in the past, it pointed out that tourism may be affected along with the image of the community. He simply gathered data from other individuals, and was not an appraiser, expert realtor, or police officer. Council Member Orton inquired of Mr. Peacock if this was the first time he had done a community impact study and who he worked with in the City. Mr. Peacock replied that this was the first time he had prepared a community impact study for a youth program, and he interviewed Bob Nicholson and members of the Police Department. He addressed the issues required by statute. Mayor McArthur commented that if St. George has 25% of the youth in programs in the State, this would surely justify more than a four page report. Jerry Jensen advised that he currently managed the Tabernacle Towers building for a group of owners who repossessed the property. The owners are unable to put any money into the property to bring it to standard. Over the years St. George has overbuilt apartments, storage units and office buildings. Removal of this amount of office space would have a positive impact on the remainder of office space within St. George. Staff salaries are also important and would be a positive impact. Council Member Allen inquired of Mr. Jensen if there were currently tenants in the building. Mr. Jensen replied that there were tenants with short term leases which would expire soon, and he would assist them with relocation. Mayor McArthur advised that the City has made a significant investment in the downtown area and the City Council?s decision could not be based on what property owners have done. He inquired if the property were brought up to a higher standard with additional parking or an elevator if this would make the property more valuable. Mr. Jensen replied that the building is functionally obsolete and would require demolition. The homes around the building are being used for other uses and are old, and this is an opportunity to make beautiful buildings. Associate Planner Mark Bradley advised that the property is zoned AP, and there are still quite a few residences in the area. Brian Burton, owner of Godfather?s Pizza and the property on which it sits, advised that he is in the process of evaluating a liquor license, and this would impact his ability to lease the facility in the future. St. George City Council Minutes August 21, 2003 Page Twelve Kim Campbell, an adjacent property owner, distributed an outline in opposition to the request and then reviewed it. Council Member Allen advised that Mr. Campbell is a member of the Planning Commission, but he stepped down and did not vote on this issue. Council Member Isom commented that she had to be excused from the meeting, but she was opposed to the request. Kim Campbell advised that there were only 34 parking stalls on site, and that reason alone was enough for denial. Associate Planner Mark Bradley clarified that the actual zone of the site was C-4. Kim Campbell stated that the purpose of a conditional use permit is to provide regulation of land use to assure compatibility and proper integration with land use patterns of the City. This request is not compatible nor harmonious, and other treatment centers within the City do not have residences directly abutting the facilities. The community impact study says the proposed layout will be beneficial by camouflaging it, and the existing block wall and abundant trees and shrubs add to the integrity of the security. He commented that by their own statement the applicants are aware of the non-compatible location. The study says that Liahona intends to avoid a prison-like appearance with no additional fencing, but some of the adjoining residences and businesses have only a 4' fence between them which is not an adequate deterrent or protection for the neighbors. There are risks to the adjacent owners and property values will be decreased. This type of facility requires liability insurance. No one wants to do business or live next to a place where police assistance may be required, and each youth is in trouble and not happy about being removed from his home. The east stairway is not enclosed and not fire rated. This is a code violation and places them at risk in case of a fire. He also expressed concern that the windows were fire-rated, and on three sides the building is only 5' away from the property lines. Fire-rated windows are not operable and a residential treatment facility is required to have windows for all treatment rooms. The City Council should be committed to preservation and renovation of the downtown, and a ?no? vote is simply a recognition that the facility should be located where there is adequate parking and there are no residences adjacent to the property. Mr. Campbell clarified that the State Code requires that each room have a window, but if the building is too close to the property line, it cannot have windows. The windows on the outside walls are non-operable, with steel frames and wire glass. Laura Bergeson and Julie Wand, operators of the Montessori School around the corner from the proposed facility, advised that their school is less than 400' from the northeast corner of the property to the southeast corner of the school walking through the street. The school is less than 150' if one cuts through the property. They expressed concern about the safety of their students, and while the applicants say they only take children who have not been adjudicated or through the court system, this is not who they are advertising for. She advised that the Montessori School has been educating children in St. George since 1984 and has been a long-time contributor to the community. Ms. Bergeson commented that the reason Liahona will be a secure facility is because the youth are troubled and the Liahona Academy, according to their website, does not guarantee against accidents, sexual activity or use of illegal substances. She commented that while Liahona says they will not take youth who have been mandated to the program by the court, they cannot assure that they will not be taking youth who have not been in the court system at all. Approval of the Liahona Academy would severely limit the peace of mind and opportunity to provide safety for the children of the Montessori School. She strongly suggested the request be denied. Lorraine Blanch explained that she rents the Seegmiller home and has lived there ten years. Mr. Seegmiller was not notified of the Planning Commission meeting. She stated she wanted to be assured use of the property by Liahona would not be detrimental to her use of her backyard, or to the safety or welfare of the citizens. She stated she would like to continue to have the opportunity to use her backyard without worrying about the schedule of the youth in the facility or hearing foul language. She commented there was not enough parking at the facility. Jim Boone advised that he worked for Cinnamon Hills which has 125 youth in the program, 204 employees, and 90 parking stalls, and it is difficult to find parking. He advised that if there are not enough parking stalls for the employees, they park in other places, and Liahona?s parking problems would be even worse. St. George City Council Minutes August 21, 2003 Page Thirteen Dorothy Norton, a member of the Neighborhood Enhancement Committee, commented that in trying to make the downtown better, the General Plan states that the central City area contains many nice neighborhoods which are facing threats to their livability, including an increase in the number of group homes. The Neighborhood Enhancement Committee has been in favor of the General Plan and would like to see it followed and the application denied as it is not in the best interests of the downtown area. Jared Bowler, representing one of the short-term lessees in the Tabernacle Towers building, advised that his lease runs until April, 2004. He advised that David Watson, the previous owner and manager of the building, advised him he had no problem filling the building with viable businesses. Mr. Watson also had huge problems with the parking. There is not sufficient parking for an office building, and there is no way there would be sufficient parking for a residential treatment center. He stated he felt it would be shortsighted to grant the conditional use permit. Additionally, he was never been contacted about moving, and no one has made attempts to help him relocate to another office. He expressed concern about the effect the treatment center would have on St. George?s image, and one of his clients in New York already refers to St. George as having all the golf courses and youth prisons in the State of Utah. He stated that maintenance issues at the building stem from poor management, and it would not take much to make the building the best in St. George. He stated he felt a residential treatment facility at the proposed location was inconsistent with the General Plan, and while granting the conditional use permit may be the right thing to do, it is in the wrong place. The parking issues alone should be enough basis to deny the request. There are currently five tenants in the building who would have to relocate. Ross Taylor, a member of the Neighborhood Enhancement Committee, distributed a summary sheet and reviewed it. He commented that the site is only 6/10 of an acre, including all green space, and is too small for the facility. Gary Colf commented that the City did not need any more residential treatment facilities, especially in the downtown area. He stated that location of this facility next to his business and apartments would make it difficult for him to rent his apartments. He stated he did not feel good about the proposal and felt the facility would negatively affect his property values. Greg Stevens commented he did not feel residential treatment facilities should be allowed on the Boulevard or in a commercial area where homes should be, and if the City approves any more they should be located in the industrial park area. Curtis Jensen, representing the applicant, distributed a letter, attached hereto as Exhibit ?C?, and advised that his clients have done everything needed to comply with the conditional use permit process. The subject site is zoned C-4, and they have met or exceeded all standards. His clients have met with staff regarding the parking and he thought all of the issues had been addressed. Liahona Academy cannot be compared to other residential treatment facilities as it is totally different because of its students and its struc...


City Council Minutes 05/22/2003:
... well as accommodating almost any of the tournaments that want to use City facilities. The City is building all the facilities that contribute to economic development for the County. This is creating a problem with housing; there are not enough motel/hotel rooms to accommodate all those that come in for the tournaments. This facility will add more prime target events at the prime target time of year. The motel industry?s soft time is during the week and in the summer. So the department is considering building facilities that bring events to the City during those times. The group discussed holding a summit with the hotel industry, the County and other interested entities to determine what are the best types of facilities to build to best help with the economic development. Council Member Allen suggested indoor soccer fields as that is becoming a popular sport. Leisure Services Director Perkins advised the County would like the City to consider a way to recognize Officer Mike Dobson through the City soccer program. He explained the guide lines for naming fields to the County. Leisure Services Director Perkins recommended over sizing the fields and suggested a football field and fund raising for bleachers in support of tackle football. Mayor McArthur and Council Member Allen commented the over sizing of fields was a good idea. City Manager Esplin indicated The City of St. George has set a standard for the State with regard to quality sports fields. Whatever plan is chosen, it has to be equal to or better than the Canyon Softball complex. He also indicated the council has to make some decisions on how to handle the property with the school district and what to do with the lights located on the Little League field on 700 South. The group discussed moving the lights to the Bloomington area improving parking and the facility. The group discussed how to fund a soccer complex and the Confluence Park. This park is located along the Virgin River below the Dixie Center. Building the proposed fields near Little Valley in phases as funding becomes available was discussed as well as what will happen to the area that wouldn?t be developed at this time. Council Member Orton asked if more dialog on how much the City has impacted the economic development of the County is needed. City Manager Esplin commented the fields on 700 South have to be moved, but he is not sure how much the City should fund improvements. He commented that the motel and restaurant industries haven?t offered to help fund economic development. The City hasn?t gotten much support from the County with economic development efforts. The group discussed the amount of support the City provides to economic development in the County. Also discussed was what the City?s priorities should be for economic development. Mayor McArthur suggested detailing all the events the City sponsors during the year and how much money it brings into the area and then scheduling a meeting with interested parities to discuss if any of the others wants to assist in the development of other facilities. City Manager Esplin indicated the proposed park should b...


City Council Minutes 07/05/2001:
...as not all patrons of the fueling station will use Walmart’s restroom facilities but will use those of adjacent service stations, who have been required to provide public restroom facilities. Mr. Morgan was advised by members of the City Council that while they may feel the same as Mr. Draper and Mr. Morgan, there is no local, state or federal requirement that a fueling station provide restroom facilities for the public. A motion was made by Council Member Isom and seconded by Council Member Allen to approve by ordinance the requested amendment to the PD zone. Mayor McArthur called for a roll call vote, as follows: Council Member Isom - aye Council Member Allen - aye Council Member Whatcott - aye Council Member Gardner - aye The vote was unanimous and the motion carried. St. George City Council Minutes July 5, 2001 Page Seven Council Member Whatcott commented he liked the proposed recessed lights in the fueling station’s canopy and wished the Shell station at the Bloomington Interchange would do something similar as he has received complaints from citizens about the bright lights at night. Community Development Director Bob Nicholson advised the City has also received the same complaints and contacted Steve Holt who advised he turned down the lights, but apparently not enough. City Manager Gary Esplin advised that Mr. Holt will be contacted again. PUBLIC HEARING/AMEND MASTER ROAD PLAN/ORDINANCE: Public hearing to consider approval of amendments to the City’s Master Road Plan. City of St. George, applicant. Assistant City Engineer Jay Sandberg advised that the City’s Master Road Plan was last updated in 1995. The plan gives direction to the capital improvement plan and developers use it to plan for development. The City’s GIS system and aerial photography have helped to update the master road plan. He explained the three major categories of roads: residential, collector, and arterial, and the differences between each. He then reviewed the proposed master road plan with the Mayor and Council. He advised that the Planning Commission reviewed the plan three times. Council Member Whatcott commented he hoped City staff was planning beltways and thoroughfares without traffic lights to help move traffic throughout the City. Mayor McArthur opened the public hearing. There being no public comment, he closed the public hearing. Council Member Gardner made a motion to approve the proposed master road plan as presented, realizing it was a conceptual plan at this time. The motion was seconded by Council Member Isom. Mayor McArthur called for a roll call vote, as follows: Council Member Gardner - aye Council Member Isom - aye Council Member Whatcott - aye Council Member Allen - aye The vote was unanimous and the motion carried. PUBLIC HEARING/CAPITAL FACILITIES PLANS/ORDINANCE: Public hearing to consider adoption of the Capital Facilities Plans for the Water and Power and Public Works Departments. ...


City Council Minutes 01/09/2003:
...dbreaking was also announced for a new 400,000 sq. ft. Steton Technologies facilities in the Ft. Pearce Industrial Park. HERITAGE DAYS ANNOUNCEMENT: Mayor McArthur announced that the City?s 141st birthday was coming up. He invited Vonda Larsen, Chairperson of Heritage Days, to review upcoming activities. Ms. Larsen distributed a flyer explaining the many events associated with Heritage Days, and invited the Mayor and Council to participate. Mayor McArthur announced that the City is one of the oldest cities in Utah to receive a charter from the territorial legislature. AWARD OF BID: Consider award of bid for concrete slab jacking for the River Road bridge project. Purchasing Agent Sue Swensen explained this contract is with Concrete Stabilization Technology through the State contract. The project was estimated to be under $25,000, but as the project progressed more repair to the bridge was needed and the contract exceeded the original contract amount. The final cost is $33,675. The project is now complete. She recommended approval. A motion was made by Council Member Orton and seconded by Council Member Whatcott to approve a contract with Concrete Stabilization Technology in the amount of $33,675. Mayor McArthur called for a vote, and all voted aye. The motion carried. AWARD OF BID: Consider award of bid for installation of a new steel floor at the Green Tank. Purchasing Agent Sue Swensen explained this was an emergency situation for installation of a new steel floor for the green tank on the West Black Ridge. The vendor is ERO Stout Construction in the amount is $87,000. City Manager Gary Esplin explained that as the contractor was getting ready to paint the tank it was discovered that the floor of the tank had deteriorated significantly. He authorized immediate repairs to enable the floor to be repaired in time for the summer season. A motion was made by Council Member Whatcott and seconded by Council Member Orton to authorize this emergency purchase in the amount of $87,000 with ERO Stout Construction. Mayor McArthur called for a vote, and all voted aye. The motion carried. St. George City Council Minutes January 9, 2003 Page Two Mayor McArthur explained that the City Council receives and reviews all bids over $25,000, but under the City?s Purchasing Ordinance, the City Manager is authorized to make emergency expenditures no matter what the amount, and the emergency expenditure is then presented to the City Council. Purchasing Agent Sue Swensen explained there has to be three bids for any purchase over $1,000. Any purchase over $10,000 is advertised in the newspaper and sealed bids are accepted. VACATING ORDINANCE: Consider approval of an ordinance vacating the Pine View Commercial Center Subdivision plat. City Manager Gary Esplin explained that this item was actually approved at the last City Council meeting, but in order for official action to be taken, an ordinance had to be prepared. A motion was made by Council Member Orton and seconded by Council Member Whatcott to approve the ordinance. City Manager Gary Esplin explained the reason for the vacation of the plat was to increase the size of some of the lots. An amended plat will be needed. Mayor McArthur called for a roll call vote, and all voted aye. The motion carried. AUTHORIZE ISSUANCE AND SALE OF SAN JUAN PROJECT REVENUE BONDS: Authorize the City?s representative on the UAMPS Board of Directors to authorize the issuance and sale of San Juan Project Revenue Bonds in the maximum amount of $1,920,000. City Manager Gary Esplin recommended that Phil Solomon be authorized to sign on the City?s behalf for the issuance and sale of revenue bonds for the San Juan power project. The City is a 52% entitlement partner in this project with UAMPS and other cities. This is an unbudgeted expenditure, but the overall savings over the life of the project is expected to be $20 million. The problem is that there are no operating funds to pay for it, and most cities want to do the funding through bonding. A motion was made by Council Member Allen and seconded by Council Member Gardner to authorize Phil Solomon to authorize the issuance and sale of San Juan Project Revenue Bonds in the amount of $1,920,000. Mayor McArthur called for a roll call vote, and all voted aye. The motion carried. City Manager Gary Esplin explained that staff is not happy with the way UAMPS has handled this process, nor the manner in which this information was received from UAMPS. Our concerns have been expressed to them, and it is hoped this will not be a reoccurring situation. SCHEDULE PUBLIC HEARING: Schedule a public hearing to consider amendments to the Subdivision Ordinance. A motion was made by Council Member Orton and seconded by Council Member Allen to schedule the public hearing for January 23, 2003 at 5:00 p.m. Mayor McArthur called for a vote, and all voted aye. The motion carried. REPORT FROM BOARD OF EQUALIZATION FOR SID 99-1 AND ASSESSMENT ORDINANCE: Consider adoption of an assessment ordinance confirming the assessment rolls and levying an assessment against certain properties in the City of St. George, Utah Special Improvement District 99-1, Washington County, Utah for the purpose of constructing a sewer outfall line within a portion of the municipality and other related improvements and all other miscellaneous work necessary to complete the improvements in a proper and workmanlike manner; and related matters. City Manager Gary Esplin explained that this special improvement district involves extension of the Ivins outfall line, and there were no protests made to the Board of Equalization. It is therefore recommended the assessments stand as submitted. St. George City Council Minutes January 9, 2003 Page Three A motion was made by Council Member Gardner and seconded by Council Member Orton to approve the assessment ordinance. Mayor McArthur called for a roll call vote, and all voted aye. The motion carried. ABANDONMENT RESOLUTION: Consider approval of a resolution abandoning an easement in the Bloomington Hills #10 Subdivision. City Manager Gary Esplin explained that the applicants, the McBrides, would like to combine two lots, and the City has received the required easements. Staff recommends approval. A motion was made by Council Member Whatcott and seconded by Council Member Orton to approve the resolution. Mayor McArthur called for a roll call vote, and all voted aye. The motion carried. ABANDONMENT RESOLUTION: Consider approval of a resolution abandoning an easement in the area of the new Walgreens store. City Manager Gary Esplin explained that a water line in front of the store was relocated and put into another easement. Walgreens? would now like to have the easement abandoned to it. Staff has no problem with the request. A motion was made by Council Member Gardner and seconded by Council Member Allen to approve the resolution. Mayor McArthur called for a roll call vote, and all voted aye. The motion carried. ENGINEERING SERVICES CONTRACT: Consider a request for approval of an engineering services contract with Bush & Gudgell to provide engineering design and construction management services for a drainage system in the vicinity of the Riverside Heights Subdivision. City Manager Gary Esplin explained that the City has been planning to do storm drain work in this area as part of its overall storm drainage plan. This contract is for design work only in the amount of $15,500. A motion was made by Council Member Orton and seconded by Council Member Gardner to approve the contract as recommended. Mayor McArthur called for a vote, and all voted aye. The motion carried. City Manager Gary Esplin explained that this will be a new system and will not replace an existing system. City Engineer Dave Demas explained that this system will intercept ground water drainage in the area. City Manager Gary Esplin explained that the City does not bid professional contracts. It asks for proposals and evaluates those received. The City tries to spread out the work among the different engineering firms as much as possible. ASSIGNMENT OF AIRPORT LEASE: Consider approval of an assignment of an airport lease. Brent Bice, applicant. City Manager Gary Esplin explained that Dr. Currie sold his hangar to Brent Bice and a transfer of rights is needed. The Airport Board recommends approval. A motion was made by Council Member Gardner and seconded by Council Member Allen to approve the assignment. Mayor McArthur called for a vote, and all voted aye. The motion carried. ENGINEERING AGREEMENT: Consider approval of an engineering agreement for design of storm drain systems in the Green Valley and Indian Hills area. City Manager Gary Esplin explained that there are drainage problems along Valley View Drive and funds were budgeted to resolve the problem and extend the storm drain line up Valley View Drive. This contract will allow engineering design to be completed. A contract with Rosenberg Engineers in the amount of $18,141 is recommended. St. George City Council Minutes January 9, 2003 Page Four A motion was made by Council Member Whatcott and seconded by Council Member Orton to approve the agreement. Mayor McArthur called for a vote, and all voted aye. The motion carried. CONSULTING SERVICES CONTRACT: Consider approval of a consulting services contract to comply with NPDES Phase II regulations. City Manager Gary Esplin explained that a federal mandate, through the state, has been forced upon the City to comply with discharge permits required under the Storm Drainage Act. This is an unfunded mandate as there are no funds available to assist with compliance. This mandate was triggered once the City reached a population of 50,000. The City is required to submit a plan to show how it plans to address storm drainage, and it will need to proceed with the hiring of consultant. It is recommended that J-U-B Engineering be retained in the amount of $15,760 to assist with this service. He explained that once the City develops its plan it has to show a time line for implementation. City Attorney Shawn Guzman suggested the time line be included in the contract. A motion was made by Council Member Orton and seconded by Council Member Gardner to approve the contract. Mayor McArthur called for a vote, and all voted aye. The motion carried. Assistant City Engineer Jay Sandberg advised that there is flexibility in the program which will allow the City to use things the City is already doing which will apply toward the program. J-U-B has practical experience as they are on a committee in the Wasatch Front working with the State Engineer on how to implement this program, and they feel the City is already doing many things which will help in this program. They are recommending that a steering committee be formed to attain community support and satisfy requirements of the permit. Staff received proposals from two other firms, and feels good about J-U-B?s proposal. PROPERTY DONATION: Consider approval of a property donation to accommodate a bike/pedestrian trail. City Manager Gary Esplin explained that the property in question is located next to the new Lilywhite Plant World along the Santa Clara River. As part of the negotiations with the property owners, Thompson & Dredge Properties, LLC, the City has agreed to build a wall. Leisure Services Director Kent Perkins advised that the City agreed to work with the property owner with regard to the original alignment in front of their building, and agreed to help with their fence. City Manager Gary Esplin advised that the agreement indicates the City will reimburse them for 967 linear feet of fence. Mr. Perkins explained that if the property owners decide to put in a wall instead, the City will only pay the difference between the two. City Manager Gary Esplin suggested that any action be subject to working out details of the fence and to make sure the provisions are included in the agreement. A motion was made by Council Member Whatcott and seconded by Council Member Orton to accept the property donation subject to working out details with regard to the fence, and making sure the details are contained in the agreement. Mayor McArthur called for a vote, and all voted aye. The motion carried. IMPROVEMENT DELAY AGREEMENT: Consider approval of an improvement delay agreement for completion of public improvements. City Manager Gary Esplin explained that the original master plan road alignment showed the road going through the middle of the Lilywhite Plant World property. The property owners, Thompson & Dredge Properties, LLC, agreed to move the road to the western most portion of their property, and they are requesting a delay improvement agreement so they not be required to install improvements until the road is actually completed. Staff recommends approval. St. George City Council Minutes January 9, 2003 Page Five A motion was made by Council Member Orton and seconded by Council Member Allen to approve the agreement. Mayor McArthur called for a vote, and all voted aye. The motion carried. ACCEPTANCE OF DEED OF DEDICATION: Consider acceptance of a dedication of roadway in the Sun River area. City Manager Gary Esplin explained that at the request of Qwest, Sun River has agreed to dedicate 499 sq. ft. of roadway for expansion of telephone service in the area. A motion was made by Council Member Orton and seconded by Council Member Gardner to accept the deed of dedication. Mayor McArthur called for a vote, and all voted aye. The motion carried. PROFESSIONAL SERVICES AGREEMENT: Consider approval of a professional services agreement with Campbell and Associates to provide design, bid and construction oversight services for the renovation of the Millcreek building. City Manager Gary Esplin explained that staff recommends approval of an agreement with Campbell and Associates in the amount of $12,208 to provide a general plan for changes to the building purchased in the Millcreek Industrial Park for relocation of the Parks Department. A motion was made by Council Member Gardner and seconded by Council Member Allen to approve the agreement. Mayor McArthur called for a vote, and all voted aye. The motion carried. O&M AGREEMENT: Consider approval of an operation and maintenance agreement between UAMPS and Colorado Energy Management, LLC for the operation and maintenance of the Payson generation facility. City Manager Gary Esplin explained the Water and Power Board recommends approval. The project is changing its name to the ?Nebo gas project?. The City is currently a partner in the project, and it has been determined that it would be best to hire an outside manager knowledgeable in this type of plant. It is proposed that Colorado Energy Management be hired to operate the plant for $320,000 a year, with $80,000 as an incentive bonus. The City is 13% of this project. The incentive is based on Colorado Energy Management?s ability to make the cost lower to use, and it should be made up in benefits to the City. He explained that the project is going forward, whether the City participates or not, and City staff is still evaluating some of the models on how to use the gas, but staff has not seen the final document. A motion was made by Council Member Gardner and seconded by Council Member Orton to approve the agreement. Mayor McArthur called for a vote, and all voted aye. The motion carried. APPROVAL OF MINUTES: Consider approval of the minutes of the regular City Council meeting held December 12, 2002. A motion was made by Council Member Orton and seconded by Council Member Allen to approve the minutes as amended. Mayor McArthur called for a vote, and all voted aye. The motion carried. Consider approval of the minutes of the City Council work meeting held December 19, 2002. A motion was made by Council Member Allen and seconded by Council Member Whatcott to approve the minutes as presented. Mayor McArthur called for a vote, and all voted aye. The motion carried. PROPOSAL FOR SENIORS HELPING SENIORS: Mayor McArthur advised that several residents propose creating a 501(c)(3) called ?Seniors Helping Seniors? to distribute donated wheelchairs, crutches and walkers at no cost to those who need them. The project will be run by volunteers. They would to temporarily set up a shed in the parking lot by the Doctors? Free Clinic, and eventually move into a facility at another location in a year or less. The parking lot is located on City property. There would be no storage of the materials on site, other than one or two devices to show the prospective user. St. George City Council Minutes January 9, 2003 Page Six City Manager Gary Esplin suggested that, if desired, the City Council could say they support the concept, but request a formal proposal. PUBLIC HEARING/AMEND ZONES/ORDINANCE: Public hearing to consider amending the PD Commercial and Open Space zones for the Tonaquint Center at 1600 South Dixie Drive. Community Development Director Bob Nicholson explained that the property is located north of the Tonaquint Cemetery along Dixie Drive, and the amendment is almost a wash in terms of total area. There may be four to five feet of fill in some areas. He then displayed a site plan of the project. The Planning Commission recommended approval subject to (a) the property owner installing and maintain erosion control (rip rap) with an approximate 2:1 slope; (b) the City trail be located on the rip rap with a minimum 5' setback from the edge of the rip rap; and (c) compliance with the erosion control plan recommendations including the 25' building setback. Council Member Whatcott inquired of staff if the proposed plan addresses the City?s concerns with the trail. Leisure Services Director Kent Perkins replied that the property owner has agreed to work with the City as best as he can with regard to the corners along the trail, and the two in question appear to be worked out. Gayle Maxwell, representing the owner, advised that problems with the trail have been worked out. Mayor McArthur opened the public hearing. There being no public comment, he closed the public hearing. A motion was made by Council Member Gardner and seconded by Council Member Allen to approve the request, by ordinance, subject to the recommendations of the Planning Commission. Mayor McArthur called for a roll call vote, and all voted aye. The motion carried. PUBLIC HEARING/ZONE CHANGE/ORDINANCE: Public hearing to consider a zone change from R-1-10 to PD Commercial for an athletic center on five acres located east of River Road on 1450 South Street. Community Development Director Bob Nicholson explained that the General Plan shows this area as future commercial. In 1995 the site was designated as commercial with medium density housing. The proposed zoning is consistent with the General Plan. Phase One will contain an outdoor pool, four tennis courts, an indoor pool and fitness center, 216 parking spaces, and a 25' landscape setback as required by the PD zone. The Planning Commission recommended approval but felt the building was plain and could use some more work. The new site plan shows additional trees, and the plan facade has been broken up. He then displayed the new revised rendering. Council Member Orton inquired if more commercial could be expected in this general location. Mr. Nicholson replied that more commercial would be located toward River Road. Council Member Whatcott commented that the proposed plan expands the area designated as commercial in the General Plan. City Manager Gary Esplin replied that the General Plan has no real definition of zoned areas, and simply designates general areas. While the requested zoning may have expanded according to the map, in concept it is in the general area of what is allowed. Steve Sheffield, applicant, explained he felt the health club would be a good transition between residential and commercial. He stated he wanted to preserve the corners for more retail use. The new stub road on River Road will tie into the existing road, and the old road now there will become part of the parking lot of the new facility. Mayor McArthur inquired of Mr. Sheffield if he was still planning to donate property to the middle of the river to the City. Mr. Sheffield replied that he had plans to do so, but it needed to be worked out. He advised that the Planning Commission wanted him to hide the commercial nature of the building, add more vegetation, and change the roof color. He also added a second St. George City Council Minutes January 9, 2003 Page Seven entrance for a physical therapy segment of the club. A child care facility has also been incorporated into the plan . Rick Whitington, representing the management entity of the club, introduced himself and advised that similar facilities have been built and are successful. The facility in Memphis has over 3000 members. Council Member Whatcott commented that while he was still concerned with the tilt-up concrete construction which looks like an industrial building, the new concept is improved. Mayor McArthur opened the public hearing. Tracy Hickman advised that he lived behind the proposed facility on the ridge in The Boulders. He stated that while the facility is beautiful and well thought out, he was concerned about its failure. It is a commercial development venture and should it fail for some reason it would impact his home. The proposed plan actually doubles the original commercial area, and should the facility fail, he would be faced with a large area of commercial development in his back yard. He stated that while there is a transition zone provided for in the original plan, anyone who has walked the site knows it would be like building on a ramp, and in reality there is only one street?s worth of transition area between his home and the facility. The Boulders development contains high-end housing and such a small transition area from commercial to high-end housing would subsequently depress property values. He also expressed concern about lighting from the parking and tennis court areas and noise pollution issues. He stated, however, those issues were minor compared to the greater issue of a large expansion of commercial area in a high-end residential district. There being no further public comment, Mayor McArthur closed the public hearing. Council Member Allen inquired about the distance between the back of the building and the toe of the hill. Rick Rosenberg replied there was a minimum in excess of 350', and the PD units will step up. Council Member Allen inquired why the facility was moved from the originally designated commercial area. Mr. Rosenberg replied that the master plan is a bubble concept, and the exact position of a line is difficult to determine. Mr. Sheffield?s master plan is what they are following. The medium density would wrap around the project and provide a buffer. Council Member Allen inquired about road changes. Mr. Rosenberg replied that Mr. Sheffield and the City entered into an agreement years ago which described in detail how improvements will have to be made to River Road and 1450 South. This is the plan today and there is a time limitation on when the road has to be built. Council Member Whatcott inquired if eventually the land will be raised out of the flood plain. Mr. Rosenberg replied that material is being stockpiled because the geotech report requires significant work. The large pile will dissipate over time. Mr. Sheffield replied that the acreage of the current plan is within an acre or so of the original plan, and there may be only a perception in difference. The facility was moved only slightly to accommodate parking as well as the public road in-between. Timing on relocating the intersection is something that is being discussed with Aron Baker. Mayor McArthur advised that the agreement between the parties provides that the City will improve frontage on River Road and Mr. Sheffield will improve frontage on 1450 South. Mr. Sheffield responded the agreement is that he will improve one side of 1450 South and the City will improve the other side, and he will honor the terms of that agreement. There is also enough distance between the facility and the back of homes for four homes and two roads. Mr. Hickman inquired about the size of the proposed homes. St. George City Council Minutes January 9, 2003 Page Eight Council Member Orton commented that the plan is for medium density. Mr. Sheffield replied that the homes will average around 1,800 sq. ft., which is the minimum size allowed in The Boulders. The pricing range will be between $175,000 - $250,000. Lynn Ryan, a homeowner near Mr. Hickman, commented she would prefer the roof be more of an earth tone and not bright green. Mr. Sheffield displayed a sample of the roofing material and color, and advised the roof will be dark green. Council Member Allen inquired about lighting. Mr. Sheffield replied that he lives on the ridge too, and is planning on down-type lighting for the tennis courts and parking lots. The project will be heavily landscaped all the way around. Mayor McArthur commented this lighting is generally referred to as directional lighting. He then called for a motion. A motion was made by Council Member Whatcott and seconded by Council Member Orton to approve the request by ordinance. Mayor McArthur called for a roll call vote, and all voted aye. The motion carried. PUBLIC HEARING/ZONE CHANGE/ORDINANCE: Public hearing to consider a zone change from R-1-10 and Open Space to PD Residential on 12.73 acres located north of Bloomington Country Club Phase 7 between Los Padres Drive and Kolob Drive. Associate Planner Mark Bradley displayed a conceptual plan of the area, and advised that the developer would like to rezone the area and reduce the width of the road from 50' to 41' and make it a gated, private street in order to make two additional lots on the site. The Hillside Review Board reviewed the request and made recommendations. The Subdivision Ordinance states that private streets shall not be approved except when public dedication is unnecessary as determined by the City Engineer. City staff is willing to reduce the road width from 50' to 45' as it is considered a hillside road. The applicant is not satisfied with this recommendation and wants a 41' private road. A request was made to the Planning Commission to accept a private street community. The applicant has filed an application to include some existing R-1-10 with some Open Space for a total of 12.73 acres in the PD zone. Issues discussed at the Planning Commission included gating the street. The General Plan states that the City will avoid cul-de-sacs, and staff recommends that there should be a public street through the project. The applicant proposes a key entry area for the gated road off of the cul-de-sac. The Planning Commission recommended approval, disagreeing with staff?s position, subject to four conditions: (a) pedestrian access remain open; (b) drainage issues be resolved with the final plat; (c) both cul-de-sacs are built and dedicated to the public; and (d) the key pad for the private gate be located outside of the public right-of-way. Staff still recommends the road be public without entry gates, and at least a 45' road be required. Council Member Allen commented that the road would have to be built to City standards. Council Member Gardner commented that a public street cannot be gated. Council Member Allen replied that there is already an existing development in this area, and the new development would be adding a street to roads which are already public. Council Member Gardner commented there are other gated communities in Bloomington. Council Member Orton replied that Pheasant Run is located outside of Bloomington and is a separate subdivision. Council Member Allen commented that Pheasant Run did not have to be accessed through another subdivision. Frank Lindhardt, general manager of the developer of the property, made a power point presentation and advised that the property was purchased from State Trust Lands, and the street has nothing to do with the gate. A gated street has always been St. George City Council Minutes January 9, 2003 Page Nine the intent from the beginning, and there is a need for a small gated community. The reason State Trust Lands had the property zoned R-1-10 was simply to sell it. Council Member Allen advised that State Trust Lands presented a plan for the property. Mr. Lindhardt replied that the proposed lots are all the same size or larger than R-1-10 zoning and the project is compatible. If the road were left where proposed, this would lead to scarring of the hillside and this is the primary reason it was moved off the hill. A hillside access road of 41' is allowed by ordinance to prevent scarring of hillsides. All homes will be custom homes. The Hillside Review Board unanimously approved the request subject to certain conditions which have been agreed to. The Planning Commission unanimously recommended approval with certain conditions, which also have been agreed to. There is no connectivity between the adjacent blocks because this project is against a hillside. Gates are needed to prevent crime and to make the residents feel more secure as Bloomington has the third highest rate of vehicle thefts in all areas of Washington County, and a gate is simply an extension of the front door. The private street will be maintained. This area has a major problem with drainage, and the project will solve this problem for the entire area with a large detention pond located next to the swimming pool. A gate is an important part of the development concept. He advised that this subdivision is a separate subdivision and not part of the Bloomington subdivision. Mayor McArthur explained that a hillside access road is for access, and not to be used as a street with homes. Associate Planner Mark Bradley advised that a 45' road is considered a hillside local street, and 41' is considered as actually going up a hillside, much like the Airport Road or Webb Point. Staff does not feel that a 4' difference in road width is going to scar much of the area. In 2000 staff recommended, as part of the zone change, that there should only be single loaded development in this area because of the rock fall. One member of the Hillside Review Board commented he would not think of putting homes there, but he abstained from voting. Mayor McArthur questioned whether the sample homes shown would have to be the exact homes built, as that is one of the purposes of a PD. Mr. Lindhardt read from the Subdivision Ordinance, and commented that a PD deals with sizes and color, rather than with specific shapes of homes. He stated the proposed subdivision would contain custom, not cookie cutter, homes. Community Development Director Bob Nicholson explained that a PD requires elevations showing the building and roof type and exteriors. Stonecliff?s PD presentation contained four to five renderings, and homes there do not all look the same but they are constructed of similar materials. He explained that the ordinance was drafted to deal more with townhomes and condos rather than with single family homes. Council Member Gardner commented that with regard to the road width, the justification for the narrower road was to avoid impacts. The Zoning Ordinance says that a PD text shall indicate the type, character and proposed height of all buildings. A plot plan and elevation may be prepared to help consider the proposal. Mr. Lindhardt replied that his application contained all of these. He commented he would be happy to go with the 45' road, as the gated road is the main issue. Mayor McArthur opened the public hearing. Alan Wright, a resident in the neighborhood of the proposed development, expressed concern with the proposed 41' road and stated he was glad the developer agreed to a 45' road although he still did not think 45' was wide enough. He expressed concern about drainage and how the developer?s drainage plan would be developed as this was important to those down the street. He suggested access to the project be made off Tonaquint rather than Escalante or Kolob. Ron Barden, a resident of Los Padres, suggested the entrance be made from Tonaquint. He expressed concern about the drainage plan because the existing pond has blown out the dirt dam at least twice. Jim Raines, representing the developer, advised that he worked with SITLA on the original zone change and SITLA originally wanted access off Tonaquint, but the two stub streets just end without adequate turn-around, and this precluded access off St. George City Council Minutes January 9, 2003 Page Ten Tonaquint. This issue was forced upon the developer by the way the previous subdivision was developed and is an existing condition which they are trying to solve. The City built a temporary detention basin at the end of Los Padres and this will be significantly upsized by 20 times. Additional drainage off the hill will be caught and taken through the roadway and diverted to the detention basin. Ron Barden commented that the larger dam would help hold more water, if the load factor will hold, but the breaking of the dam is as critical as the holding of water. There is a jog of land in the center of the development which the developer plans to sell back to adjacent homeowners, and he requested the same right. The original developer was going to give this land to the owners, and while he was not asking that it be given to him, he would like to purchase 10 feet of this land to preserve his vegetation. Phyllis Hintner, a resident of Los Padres, stated she felt it was odd the development would have an entrance open for pedestrians but closed for traffic, and she could envision cleaning ladies and workers parking down the street unless someone is available to let them in. Further, this will make Los Padres a delivery route. She expressed concern about access for fire trucks and other emergency equipment. She expressed concern about the narrowness of the road and that there was no off-street parking other than in front of the garages. She advised that she had a lot of experience in real estate development and she was worried about the traffic and the fact there would only be 25 people to take care of the private road. She also expressed concern about water and flash floods. She stated she wanted to see a formal drainage system plan, and if the plan is good, it would be a good project. Mayor McArthur advised Ms. Hintner that the developer has to take care of his own drainage water and it cannot run off onto her property. Ralph Lauren advised that the proposed properties will drain into the area, and this must be taken care of. He commented that a gated community would not work and will cost too much, and the proposed width of the road will not allow moving vans into the area. He stated that the City will be left in a double jeopardy situation when the developer leaves town and does not take care of his development. He commented the proposed project does not blend into the system, and it is really a mini Sun River concept, not a Bloomington concept. Jeff Hintner, a former home builder from Colorado, inquired who would be responsible to take care of flooding problems if the developer moved away when the development was finished or the project changed hands. Lloyd Paulson, a Civil Engineer and former Deputy City Engineer for Los Angeles, advised that the engineer for the state previously determined that the property in question was not feasible for development, not even as part of the original development. He advised that he served on a committee responsible for development of the hillside standards for the City of Los Angeles, and he had experience mapping the Santa Monica Mountains. It was his opinion that the rocks above the property in question are going to move, and he inquired what the City was going to do to protect those who lived beneath the rocks. He stated that most of the homes around the development are around 4,000 sq. ft., and this project will not be an upgrade to the area, but a downgrade. He stated the suggestion for a connection to Tonaquint was a good one, as the project could still have its gate and additional parking space adjacent to Tonaquint. Gene Scott advised that he lived across from the proposed development on Escalante. When the property was originally planned for development by State Trust Lands, there was a big discussion about the drainage from the hill and how it was going to be addressed. He stated he did not see anything addressing a flood as there is only curb and gutter on one side of the street. He stated that water eroded the edge of the roadway even after it was repaved a few years ago, and there has not been a lot of good planning done for run-off. He stated he also did not see easements for water between the properties and homes. He stated that in the case of fire, he had doubts whether a hook and ladder truck could get around either corner in the proposed development, especially with gates. He inquired where mail delivery would be set up, and he expressed anger that the developer had the audacity to want a gate for a three block area. He stated that a PD allows substandard things because it is private, and landscapers maintaining the properties will be traveling the narrow road all the time. He stated he was depending on the City Council to deny the request. St. George City Council Minutes January 9, 2003 Page Eleven Sam Pinnell, a resident of Escalante Drive, stated that walk-out basements will require the land to be raised. He questioned the placement of walk-out basements on the side adjacent to the existing homes and on such small lots. Community Development Director Bob Nicholson stated that staff is concerned about the private road and long term maintenance. He stated the idea of gates is isolating, and this is not the right place to do it. Council Member Orton inquired about improvements to drainage in the area. Mr. Nicholson replied that drainage will come as part of construction improvements, and will be a major issue as part of the preliminary plat and is separate from zoning issues. He commented there were serious drainage issues which will take a lot of time to sort out. The issues before the Council now are zoning, road width, and gates. Council Member Allen commented that when State Trust Lands first brought their proposal to the City, there was a lot of talk about rock fall and the possibility of more. An unidentified man in the audience commented that there was rock fall last year. Lloyd Paulsen commented that he served on the Hillside Review Board for eight years, and no member of that committee is in favor of this project. Mayor McArthur advised that the plat will indicate there is a possibility of rock fall. Jim Raines advised that geotech and rock fall studies have been done. Four areas of potential rockfall hazard were identified and these rocks will be removed. Beyond that, it is felt the hillside is stable and adequate. The applicant has made a commitment that he will put a note on the plat identifying the potential for rock fall, but the study does not indicant any danger. Council Member Orton inquired how much of the property in question is currently zoned open space. Associate Planner Mark Bradley advised that over three acres is open space. Mr. Lindhardt advised that he was increasing the amount of non-buildable area by an acre. Kent Bankhead, a resident of Escalante Drive, commented he felt the proposal would be a good development if it was built according to plans, but he was insulted that the project was proposed to be gated. The neighborhood is friendly and has zero crime. He stated it was an insult that new people coming to the area will use public streets to access their private one, and the rest of the neighborhood will be locked out of their area. He expressed concern about the drainage, and inquired if the project would have curb, gutter and sidewalk. Mr. Lindhardt replied that the project will be built to full City standards all the way through. Mayor McArthur then closed the public hearing. Council Member Gardner commented that philosophically the City Council has had debates on gated communities, and has chosen to allow them in appropriate places. He inquired if there were a policy to dictate the size of gated communities, and if so, if this project met those guidelines and was an appropriate setting for a gated community. He inquired if there were guidelines available to follow rather than having to make an arbitrary decision. Community Development Director Bob Nicholson replied that this decision is a Planning Commission and City Council judgment call. There is no policy, but most gated communities consist of 350 to 700 acres. Because this project is a part of a neighborhood, it is not appropriate. Council Member Gardner inquired if fire access had been looked at. Police Chief Marlon Stratton advised that the police have had difficulties with gated communities and their pass codes. He advised that Fire Chief Robert Stoker has experienced the same problem. Access to gated communities can be difficult and reduces response times. St. George City Council Minutes January 9, 2003 Page Twelve Council Member Allen commented that according to the Police Department monthly reports, this area of Bloomington is always the lowest in crime. Chief Stratton commented that the Bloomington area is the second lowest crime area in St. George. Mr. Lindhardt commented that the challenge he faced was that many buyers are from outside the area and come with preconceived notions of crime. Mayor McArthur commented that some times it is best to integrate into the community rather than separate from it. Council Member Gardner inquired if all lots met R-1-10 standards, and he was advised that they did. A motion was made by Council Member Orton to deny the request, yet include the open space into the R-1-10 zoning if desired by the applicant. Council Member Gardner inquired of staff the minimum width for a public road. He was advised that it is 50'. Council Member Orton commented that his motion included the provision that the road be 45'. The motion was seconded by Council Member Whatcott. Council Member Allen requested clarification of the motion. She was advised the motion was for denial of the zone change with the option of including Open Space in the R-1-10 zoning, and approval of a 45' wide public street with no gates. Mayor McArthur called for a roll call vote, and all voted aye. The motion carried. Associate Planner Mark Bradley clarified that 4,000 sq. ft. of open space would need to be changed to R-1-10 for the two lots. Council Member Whatcott commented that was fine as long as the zone change qualifies through the Hillside Review Board and does not infringe on the hillside. Jim Raines advised that the Hillside Review Board approved the plan. The back lot line will not change, and the road will be increased to 45'. ADJOURN TO NEIGHBORHOOD REDEVELOPMENT AGENCY MEETING: A motion to adjourn to a Neighborhood Redevelopment Agency Meeting was made by Council Member Gardner and seconded by Council Member Allen. Mayor McArthur called for a vote, and all voted aye. The motion carried. Council Member Gardner declared a conflict of interest and excused himself from the meeting. RECONVENE: A motion to reconvene was made by Council Member Orton and seconded by Council Member Whatcott. Mayor McArthur called for a vote, and all voted aye. The motion carried. DOWNTOWN PARKING STRUCTURE AGREEMENT: Consider approval of an agreement for City participation in the funding and maintenance of the proposed downtown parking structure. A motion to approve the agreement was made by Council Member Whatcott and seconded by Council Member Orton. Mayor McArthur called for a vote, and all voted aye. The motion carried. PUBLIC HEARING: TEFRA hearing to receive comments and input regarding the issuance of the City of St. George, Washington County, Utah, Housing Revenue Bonds, Series 2003A. Mayor McArthur opened the public hearing. There being no public comment he closed the public hearing. Council Member Gardner returned to the meeting. St. George City Council Minutes January 9, 2003 Page Thirteen City Attorney Shawn Guzman advised that while the agenda language was incorrect in advertising the bond in the amount of $30,000,000, the correct amount, $35,000,000, was published in the newspaper as required. PUBLIC HEARING/AMEND GENERAL PLAN/ORDINANCE: Public hearing to consider amending the General Plan for property located at the southwest corner of Indian Hills Drive and Valley View Drive. Community Development Director Bob Nicholson explained the property in question consists of .99 acre and is a triangular piece of property bordered by Indian Hills and Valley View Drive. The General Plan designates the site as medium density residential, and the neighborhood is high density. Willow Run contains nine units per acre, and the applicant is requesting 12 units per acre which requires a General Plan amendment. The Planning Commission recommended approval. Concern was expressed at the Planning Commission meeting about the over-saturation of housing and density in this area. There will be access off Indian Hills, the units will be four-plexes and two stories. If the General Plan amendment is not approved, the applicant will have to delete three units. Mayor McArthur commented that a leaky irrigation line in the area may need to be addressed before this project is constructed. Russ Gallian, representing Ence Construction, advised that his client agreed to provide a 15' easement, and the leaking irrigation line has been fixed. Mayor McArthur opened the public hearing. There being no public comment, he closed the public hearing. A motion was made by Council Member Whatcott and seconded by Council Member Orton to deny the request. Mayor McArthur called for a vote, as follows: Council Member Whatcott - aye Council Member Orton - aye Council Member Allen - no Council Member Gardner - aye The motion carried. PUBLIC HEARING/PARKING REQUIREMENTS FOR TELEMARKETING/ORDINANCE: Public hearing to consider approval of parking requirements for call centers/telemarketing centers. Community Development Director Bob Nicholson explained that this item was tabled from a City Council agenda in December in order to do more research. He and Mark Bradley visited two call centers and took measurements. Staff recommends that one parking space be provided for each employee on the highest shift or one space per 100 sq. ft. of gross floor area, whichever is greater, except that call centers occupying no more than 20% of a building?s total floor area (or 20% of an office parks?s cumulative floor area) up to 2,000 sq. ft. maximum shall provide at least one space per 250 sq. ft. of gross floor area. Council Member Gardner commented that while he agreed the City was moving in the right direction, there is difficulty in defining what a call center is. He expressed concern about the vagueness of the language and how it could be defined. City Attorney Shawn Guzman advised that he could draft a definition of a call center. Mr. Nicholson advised that the call centers he looked at contained 4 x 4 cubicles, and it was clear to them that the business was a call center as all the employees were on the phone, not in the internet. However, a definition would be good in case of a dispute. Mayor McArthur stated that it would not matter if the employee in a 4 x 4 cubicle were on the phone or the internet, there would still be a parking problem. City Attorney Shawn Guzman advised that the definition could perhaps have something to do with density and the number of employees per sq. ft. This way any employer who has one employee per 100 sq. ft. would be covered. Mayor McArthur opened the public hearing. St. George City Council Minutes January 9, 2003 Page Fourteen Clay Huntsman, representing Assail, advised he was hoping for a minimum of 150 sq. ft. His client will be grandfathered in, but its lease runs out next year and they want to be sure the ordinance is doable for them. They are a large employer with over 300 employees. Jason Griffith with NAI agreed that a definition was needed as there are other types of high tech internet or software companies with just as tight quarters. In the last six weeks six call centers have leased in St. George, with a majority of them leasing 3,000-4,000 sq. ft. He recommended that the percentage limits be reduced to 15% and the square footage raised to 3,000 sq. ft. There being no further public comment, Mayor McArthur closed the public hearing. Council Member Allen commented she did not want to set any limits that would discourage businesses from coming to St. George. Mr. Griffith advised that his proposal would be better for business. City Attorney Shawn Guzman advised that the ordinance can always be changed. A motion to approve the ordinance as presented by staff was made by Council Member Orton. The motion was seconded by Council Member Whatcott subject to a conversation about the 15% proposal. Mayor McArthur advised he did not accept Council Member Whatcott?s second. The motion, therefore, died for lack of a second. A motion was made by Council Member Whatcott and seconded by Council Member Allen to approve the ordinance with a lowering of the percentage to 15% and raising the square footage to 3,000 sq. ft. Mayor McArthur called for a roll call vote, as follows: Council Member Whatcott - aye Council Member Allen - aye Council Member Orton - no Council Member Gardner - aye The motion carried. PUBLIC HEARING/AMEND PARKING REQUIREMENTS FOR NURSING HOMES/ORDINANCE: Public hearing to consider amending the parking requirements for nursing homes/assisted living centers. Associate Planner Mark Bradley explained that skilled (long term) care requires additional employees and therefore increased parking compared to assisted living centers. The current requirement lumps nursing homes, care centers and assisted living centers together and requires one parking space for each three beds. Staff recommends one parking space for each two beds, but the Planning Commission felt even more parking should be required for skilled care facilities. Mayor McArthur opened the public hearing. Karen Brown, representing the Meadows, suggested keeping the parking requirement at one space for each three beds for assisted living centers. Mr. Nicholson explained that the ordinance would not be retroactive, and would affect some centers? ability to expand without providing new parking. Gloria Shakespeare inquired how the proposed ordinance would affect homes being turned into care centers. There are several located on 650 South and 700 South within a block or two of each other. These care centers also create congestion in neighborhoods due to employee and visitor parking. Dorothy Norton commented that Rose Crest, for instance, has six to seven patients and provides 24 hour care. Community Development Director Bob Nicholson replied that if the facility met the definition of a nursing home, the ordinance would apply. Group homes, and other facilities which care for the elderly, are conditional uses, and the City Council can look St. George City Council Minutes January 9, 2003 Page Fifteen at those in terms of how many people are being cared for in the home, parking needs, etc. Associate Planner Mark Bradley explained that in a multi family zone the State requires that homes for the elderly be permitted as long as they meet certain criteria, i.e. no closer than 3/4 mile to each other, they are permitted to have up to eight persons, and they are supposed to fit into the residential neighborhood. The home could not be changed to add parking. City Attorney Shawn Guzman advised that the State has removed the radius requirement from the statute. Associate Planner Mark Bradley commented that the City?s Zoning Ordinance still contains a 3/4 mile radius requirement, and the City?s ordinance can be more restrictive than the State requirement. City Attorney Shawn Guzman commented he did not know if the 3/4 mile radius requirement could be enforced. However, the parking requirement could be enforced. He advised that the exterior the facility must look like a home, parking has to be in the rear, and the footprint of the home cannot be changed. He clarified that the law does distinguish group homes from businesses, and there must be accommodations made for group homes so that they are available to those who need them. Parking is an issue, however, and the City can make stipulations and requirements concerning parking. Council Member Whatcott clarified that this ordinance amendment would not apply to individual homes. He was advised this is correct. Council Member Orton commented that individual homes will be looked at individually as conditional use permits. Associate Planner Mark Bradley commented that he spoke with the State this morning and they support whatever the cities have as guidelines. City Attorney Shawn Guzman commented that because of requirements enforced by the City and State with regard to how much square footage is needed, this limits the number of people who can live in the home and the number of employees. Council Member Whatcott commented that perhaps one parking space for every three beds was not sufficient. There being no further public comment, Mayor McArthur closed the public hearing. Council Member Whatcott commented that in addition to requiring one parking space for each three beds, most cities in Utah require one parking space for each employee on the highest shift. Perhaps this should be addressed in the City?s ordinance too. Council Member Gardner commented that staff?s recommendation is one parking space for every two beds. He made a motion to require one parking space for every two beds in a skilled care facility, and one parking space for every three beds in a nursing home. Community Development Director Bob Nicholson clarified that the City?s ordinance currently requires one parking space for every three beds in an assisted living center, and staff is not proposing that this be changed. Staff recommends that skilled care facilities be required to have one parking space for every two beds, althou...


Arts Commission:
...ege levels.  Support and cooperate in the operation of other physical facilities for cultural activities.  Support existing arts activities....


Support:
...n scope and include: fleet, technology, global information system mapping, facilities, marketing and public relations. Although many of these services...


inSide St. George:
... for reference only. Hard copies of the current issue can be found in city facilities like City Hall, St. George Recreation Center, Sand Hollow Aquati...


Middleton Park:
...clude a covered pavilion with picnic tables and a large barbecue, restroom facilities, improved full basketball court, renovated grassy field, and the...


Active Transportation:
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Energy Department:
...f diesel generation located at two locations; the Bloomington and Red Rock facilities. SGESD receives the remaining power requirements via transmissio...


Mathis Park:
...ties include a covered pavilion with picnic tables and barbecues, restroom facilities, loop walking trail, three separate grass areas, and a shaded ch...


Irrigation:
...he Irrigation Division delivers secondary irrigation water to several City facilities including parks, cemeteries, golf courses, and sports complexes,...


SUMMER SWIM LESSONS 2020:
...2020. Below is all the information for summer swim lessons offered at both facilities.  Classes are designed to teach progressive techniques to t...


The Canyons Complex:
...s include a children's playground, trellis covered pavilions, and restroom facilities.  A pedestrian tunnel under Snow Canyon Parkway connects th...


Facility Services:
...ade by the citizens of St. George. They work around the clock to keep city facilities safe, clean and comfortable for public use. 


City Council Minutes 06/19/2014:
...gators. This decreases the amount of culinary water used to irrigate city facilities and other large irrigation users. The irrigation companies make assessments annually based on costs to operate the system. As a share holder, the city has to pay the amount of assessments based on the number of shares owned. City Manager Esplin explained it would be possible to bill for all the services that are currently paid for by the Energy Services Department and Water Services Department but that would result in the general fund having to find additional revenues or reduce services to save costs. He emphasized that the unbilled water is accounted for as it is metered. He also discussed the amount of reuse water, which is treated wastewater, used for irrigation purposes. Reuse water supplements the other sources of irrigation quality water. Mayor Pike indicated it is good that the unbilled water is metered and that the city is complying with the new law. City Manager Esplin pointed out that the amount of unbilled energy services amounts to less than one percent of the total Energy Services Department budget. Mayor Pike opened the public hearing. Aaron Olsen, citizen, stated he was a new resident in St. George and has two questions to ask. Does general fund pay at the same rate as residents? City Manager Esplin replied that the general fund doesn’t pay for the unbilled water or energy services. St. George City Council Minutes June 19, 2014 Page Seven Mr. Olsen asked how the costs are calculated. Finance Director Peterson explained he calculates all gallons billed and all revenue collected to determine the price per gallon and uses that amount to calculate the dollar value of the unbilled water consumption. He explained it amounts to approximately $1.35 per month for each utility customer. Mr. Olsen urged water and energy conservation as we live in a desert and with respect to the EPA coal regulations which affect energy costs. He spoke in support of more transparency and that residents should see a true and accurate cost for the unbilled services. He suggested department heads might be more accountable for leaks, lighting and such if they had to account for these costs in their budgets. Doug Schmutz, citizen, asked that if it costs a utility customer $1.35 a month than it’s not coming from tax money, is that correct. City Manger Esplin explained that if the general fund had to pay for these services, then it would be tax dollars. As it is done currently, the unbilled services are paid by utility account holders. Dough Schmutz asked if those who generate electricity with solar or wind power and feed back into the grid, are they billed for services or do they get a subsidy. City Manager Esplin explained net metering is not associated with the unbilled water and electric services. Robert Fulton, citizen, expressed appreciation for the effort to be more transparent. He indicated that he is glad the city is not spending man hours and increasing overhead costs associated with billing and paying for these services out of the general fund. Carl Palmer, citizen, commented that it is a great benefit for a city to own its own water and electric system. He asked how water shares have to be paid. City Manager Esplin indicated they are paid from the water fund. He discussed the way the ponds and irrigation system work and how the water shares provide the water for that system. He noted the WCSD pays their share of the cost of irrigation quality water, but city facilities don’t. Carl Palmer commented that as a city we have the choice to increase the electric rates to put money in the general fund. City Manager Esplin explained how transfers to other funds for the energy and water departments work and that they are for specific things both departments are responsible for such as utility department salaries as that department does all the billing/collection for the utility. Council Member Hughes arrived 6:08 pm. Carl Palmer suggested an increase to the electric rates with the money to be put it back into the general fund if needed. He suggested looking into what surrounding communities pay for power from Rocky Mountain Power (RMP) and possibly raise rates to be a bit lower than RMP in order to support the general fund. St. George City Council Minutes June 19, 2014 Page Eight Hope Corkrin, citizen, commented that she does not want to see a rise in rates. She would like to see all the facility costs on-line as well as which properties fall under the unbilled services. Seeing no one else wishing to comment, Mayor Pike closed the public hearing. Mayor Pike noted that some members of the community would like to see more facilities or the city offer more services. He commented that this discussion shows how difficult it is to provide services and amenities in a fiscally responsible manner. He complimented Mr. Esplin and Ms. Brklacich for the expertise they provide in developing the budget. He indicated there will be an item on the November ballot to establish a county wide arts and recreation tax. This is being done to address the interests of the community as a whole. City Manager Esplin explained how the state manages tax revenues. The city gets about 14% of the property tax assessed and about 20% of the sales tax revenues generated in the city. He reviewed the top three economic drivers: 1. Tuacahn Center for the Arts 2. Golf Courses 3. Dixie Center Mr. Esplin continued with the explanation noting that 75% of the top ten revenue drivers are activities that are driven by the City of St. George such as the races and conventions. He stated there is a correlation to these events and the amount of services residents enjoy. There was discussion regarding how sales tax revenues are divided between the state and the local entity that generates the tax as well as the number of people from outside the state that come to St. George for various events. City Manger Esplin noted that the motion, if being made to approve, will also need to include the $625,000 requested to be transferred from the capital project fund to the general fund. Mayor Pike called for a motion. MOTION: A motion was made by Councilmember Almquist to approve by resolution the 2014-2105 fiscal year budget and the transfer of $625,000 from capital projects to the general fund as well as the other adjustments as discussed. SECOND: The motion was seconded by Councilmember Hughes. VOTE: Mayor Pike 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. St. George City Council Minutes June 19, 2014 Page Nine RESOLUTIONS Consider approval of a resolution adopting proposed fee increases included in the proposed 2014-15 fiscal year budget. Mayor Pike asked the council if there was any discussion regarding this item. As there were no questions from the council, Mayor Pike called for a motion. MOTION: A motion was made by Councilmember Almquist to adopt the fee increases included in the 2014-2015 fiscal year budget. SECOND: The motion was seconded by Councilmember Randall. VOTE: Mayor Pike 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. Councilmember Hughes noted the fees are reasonable and that the fees cover costs to conduct a burial and maintain cemetery in perpetuity. Councilmember Almiquist noted that he recently attended a funeral and complemented staff on the appearance of the cemetery. STAFF REPORTS: Consider approval of a fee waiver for the use of Crosby Confluence Park for the 2nd Annual Pound the Pavement for Parenthood event. Shellee Salmon, applicant. City Manager Esplin commented this is the second time this event will be held. There were no issues with the first one. Courtney Jackson, citizen, explained she and her husband volunteer the Pound the Pavement for Parenthood event which was established in 2010. The organization raises funds around the country for adoption or in vitro fertilization. Mayor Pike called for a motion. MOTION: A motion was made by Councilmember Bowcutt approve the request to waive fee for the use of Crosby Confluence Park for the 2nd Annual Pound the Pavement for Parenthood event. SECOND: The motion was seconded by Councilmember Almquist. VOTE: Mayor Pike called for a vote as follows: St. George City Council Minutes June 19, 2014 Page Ten Councilmember Almquist, aye Councilmember Hughes, aye Councilmember Randall, aye Councilmember Bowcutt, aye Councilmember Arial, aye The vote was unanimous and the motion carried. Consider approval of a special event fee waiver as well as a street closure for the 7th Annual Chelsi’s Run event. Lisa Peterson, applicant. Lisa Newby Peterson, citizen, stated she lives in the St. James neighborhood. This event is a celebration of her daughter’s life. Her daughter was killed in an accident several years ago. The run has raised $8,000 which is awarded to students in need as high schools scholarships. The money has been divided equally between the four local high schools. The event is scheduled for Tuesday July 10pm. Councilmember Randall commented this event is a great way to bring some good from a horrible tragedy. Mayor Pike called for a motion. MOTION: A motion was made by Councilmember Randall to waive fee and accept road closure for St. James and Lizzie Lane for the 7th Annual Chelsi’s Run event. SECOND: The motion was seconded by Councilmember Arial. VOTE: Mayor Pike 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. Consider approval of a conditional use permit to establish a towing and impound yard in an M-1 zone located at 893 East Factory Drive in the Ft. Pierce Industrial Park. Lee Clark, applicant. City Planner Snyder indicated the applicant’s goal is to get on the police rotation to pick up vehicles from accidents. He indicated nothing will be visible from the street as vehicles will be stored behind or in the building. The Planning Commissions recommends approval with the findings which are listed as items A – K in the Planning Commission report. He explained Ft. Pierce Industrial Park supports the applicant’s proposal. Mayor Pike called for a motion. St. George City Council Minutes June 19, 2014 Page Eleven MOTION: A motion was made by Councilmember Hughes to approve the request for a conditional use permit to establish a towing and impound yard in an M-1 zone located at 893 East Factory Drive in the Ft. Pierce Industrial Park SECOND: The motion was seconded by Councilmember Bowcutt. VOTE: Mayor Pike 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. Consider approval of a conditional use permit to construct a detached garage to a maximum height of 19' behind the home located at 2531 East 2300 South Circle. Brigham Johnson, applicant. City Planner Snyder displayed a picture of the house and lot. He indicated there is nothing unusual in the request from other requests seen in the area. He explained this same request was approved by the council in the year 2009; however, the applicant never started construction. As Mr. Johnson plans to start construction now, he has filed a new application. The garage won’t encroach on any city easements and will have similar finish material as the existing building. The Planning Commission recommends for approval. Mayor Pike called for a motion. MOTION: A motion was made by Councilmember Randall to approve the request for a conditional use permit to construct a detached garage to a maximum height of 19' behind the home located at 2531 East 2300 South Circle. SECOND: The motion was seconded by Councilmember Almquist VOTE: Mayor Pike 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. Consider approval of a conditional use permit to construct a 60' tall mono pole cell tower along with an equipment enclosure on property zoned Mining & Grazing located on the east side of U-18 and south of the Ledges development. Verizon, applicant. City Planner Snyder indicated the tower would be generally located on private land in the area of The Ledges. The land would be leased to Verizon. He explained the Planning Commission St. George City Council Minutes June 19, 2014 Page Twelve had a lot of questions regarding this action. Generally, the city prefers to minimize the amount of towers in the community and co-locate carriers as much as possible. The discussion with the Planning Commission included options such as constructing an 80’ tower, the master plan for each communication company and other issues as detailed in the Planning Commission report. He noted Mr. Snow, a resident in the area, spoke to the Planning Commission in opposition to the tower. City Planner Snyder briefly reviewed an issue the Verizon Representative raised with the Planning Commission with respect to federal law pre-empting any state and local ordinance with respect to location of communication facilities. The council reviewed pictures and maps of the proposed struct...


City Council Minutes 07/10/2014:
...ng to 24/7 trauma calls in early September. PUBLIC HEARING/IMPACT FEE FACILITIES PLAN/ORDINANCE: Public hearing to receive input and consider approval and adoption of the proposed Impact Fee Facilities Plan, the Impact Fee Analyses and the Impact Fee Ordinance. Mayor Pike advised that Impact Fees are one way the City receives revenue to help with the growth of the City. Approximately every 5 or 6 years, the Impact Fees are looked at. In March of 2014, a public meeting was held at the Police Department, most of which covered impact fees. Since that time, there have been additional meetings that allowed for public input. Additionally, the information has been posted on the City’s website. City Manager Gary Esplin stated that Impact Fees are taken seriously. Staff analyzes and tries to predict what will happen within the next 5 years. Capital Facilities plans that are presented are based on growth. Mayor Pike opened the public hearing. Mauri Smith, the Executive Officer of SUBHA, read a statement thanking the City Council for including them in the Impact Fee process. Additionally, the statement asked that the impact fees not be increased continuously as the building industry is still recovering from one of the worst recessions on record. Mayor Pike mentioned that the overall Impact Fees are being reduced, however the City is charging 100% of what could be charged. St. George City Council Minutes July 10, 2014 Page Two Mayor Pike closed the public hearing. Councilmember Hughes stated this was a comprehensive and informative process. He appreciates all those who have helped with the process. MOTION: A motion was made by Councilmember Hughes to approve the ordinance for the Impact Facilities Plan and Impact Fee ordinance. SECOND: The motion was seconded...


City Council Minutes 03/04/2010:
...g he will not oppose and will participate in hooking to the sewer when the facilities are extended in front of his property. City Attorney Shawn Guzman advised that the agreement is recorded so that all subsequent owners of the property are made aware of the obligation to hook to the sewer. Councilmember Bunker inquired if there was a time frame for hooking to the sewer. Mr. Guzman replied that it must be done immediately after facilities are extended in front of the property. MOTION: A motion was made by Councilmember Shakespeare to approve the use of the septic tank. SECOND: The motion was seconded by Councilmember Nickle. VOTE: Mayor McArthur called for a vote, as follows: Councilmember Shakespeare - aye Councilmember Nickle - aye Councilmember Pike - aye Councilmember Almquist - aye Councilmember Bunker - aye The vote was unanimous and the motion carried. NET METERING POLICY REVISION: Consider approval of a net metering policy revision. Budget and Financial Planning Manager Deanna Brklacich explained that staff has made revisions to the Net Metering Policy to make it clear who receives the green credits generated by solar energy. Energy Services Director Phil Solomon explained the City’s Net Metering Policy has been in place for two years. There have been several commercial facilities who put solar on their facilities and have challenged other utilities over who gets the green cred...


City Council Minutes 03/27/2008:
... City Attorney indicated at the last Council meeting that radiuses between facilities could be established. He commented he would also like to see these types of facilities allowed in R-1-10 zones. Community Development Director Bob Nicholson advised that daycares are allowed in all residential zones, and perhaps a 2000 ft. separation could be established for a respite nursery from other respite nurseries or daycares. Respite nurseries could then be allowed in any zone with a separation distance. Deputy City Attorney Paula Houston commented the problem lies in distinguishing a residential support facility from a daycare. A residential support facility has to meet certain requirements and is licensed by the State. There are also limitations on hours, age of children, number of children, etc. She stated she felt the City would not have hundreds of residential support facilities, and if a radius is added, this would limit them even more. Council Member Almquist advised that he toured the neighborhood in question and the specific street and he felt a respite nursery would make sense in the proposed location because it was not so far into the RCC zone and is located away from St. George Blvd. He stated one of the purposes for creation of the RCC zone was to entice families to remain downtown and a respite facility will be used by families. He stated he felt a respite nursery was a family-type use, and with radius requirements, it makes sense. The director of the support facility in Cedar City distributed statistics with regard to her facility. Mayor McArthur explained that the City was not questioning the need for the facility, just its location within the RCC zone. Council Member Shakespeare commented that Tad Derrick counted 19 homes in the Sandtown area which had been turned into either special needs facilities or businesses. She stated this is the second special needs facil...


City Council Minutes 05/20/2010:
...o Title 10, Chapter 22, St. George City Code, “Wireless Telecommunication Facilities” to remove the limit of three providers on one cell tower, (3) an amendment to Title 10, Chapter 14, St. George City Code to allow carports in the side yard setback in the original platted area of St. George subject to certain restrictions, and (4) an amendment to Title 10, Chapter 11, St. George City Code, to allow recreational enterprises as a conditional use in the M-1 zone. MOTION: A motion was made by Councilmember Almquist to schedule the public hearings as recommended. SECOND: The motion was seconded by Councilmember Nickle. VOTE: Mayor Pro Tem Bunker called for a vote, as follows: Councilmember Almquist - aye Councilmember Nickle - aye Councilmember Shakespeare - aye Councilmember Pike - aye Mayor Pro Tem Bunker - aye The vote was unanimous and the motion carried. LOT LINE ADJUSTMENT: Jay Sandberg explained the City received a request for a lot line adjustment for Lots 29 and 30 in the Stone Cliffs Phase I subdivision. The easements associated with the original lot line will need to be vacated. The landscaping overlaps onto the other lot and the owner has posted a letter of credit, although a time certain has not been designated. He suggested that 60 days is a reasonable time. MOTION: A motion was made by Councilmember Almquist to approval the lot line adjustment with a 60 day notice. SECOND: The motion was seconded by Councilmember Pike. VOTE: Mayor Pro Tem Bunker called for a vote, as follows: Councilmember Almquist - aye Councilmember Pike - aye Councilmember Shakespeare - aye Councilmember Nickle - aye Mayor Pro Tem Bunker - aye The vote was unanimous and the motion carried. PRELIMINARY PLAT: Jay Sandberg explained that a preliminary plat for the Ledges Phase 11 was approved in 2008 but expired in 2009. This original plat had 40 lots. This is the same area but the lots have been decreased slightly and two lots have been eliminated. Valderra Development is the developer/owner. He displayed a map and aerial view of the site. There are no cliff edges in this subdivision plat as in other phases and homes will not be seen from the highway running through Snow Canyon State Park. 30% of each lot St. George City Council Minutes May 20, 2010 Page Seven will be preserved and all units will be one story and designed to fit the lot. A 3,300 ft. private street runs through the development with a dead-end culdesac and hammerhead turnarounds in some of the intersections. As the plan is developed an emergency access will be provided in conjunction with a water line. There could possibly be a secondary emergency pathway to the future resort area. The Fire Department has requested that each lot be sprinkled, which the developer has agreed to. Lighting will be shielded so there is no glare at night. Councilmember Shakespeare expressed concern that future homes could be seen from Snow Canyon State Park, lighting, and the use of hammerheads. She stated she did not believe the hammerhead turnarounds could accommodate large fire engines. Jay Sandberg replied that he has been involved with this project for years and there is an extensive boundary line agreement to preserve the views as much as possible. Private land was traded with Snow Canyon State Park, and this project sits down away from the edge. The homes will not be seen from the State Park. City Manager Gary Esplin commented it was critical to remember that all of the houses along the rim of the Park might have been able to be seen had it not been for a boundary line agreement proposed by the owner of this property to protect the views from the State Park. The homes are set back to protect the view shed because of this agreement and without it they could have been built clear to the edge of the canyon, and this plat had already been approved. Jay Sandberg advised that the hammerheads meet City Code. Mayor Pro Tem Bunker inquired what would happen in ten years when the owners along the private streets want the City to take them over as public streets. Mr. Sandberg replied that the streets would have to be upgraded. When the original Ledges PD was approved, the City agreed that generally the roads on the west side would be private and the roads on the east side would be public. Councilmember Pike inquired how wide the hammerhead streets will be. Mr. Sandberg replied they are at least 20 feet and most homes will have circular driveways. The lots are one acre or more. Councilmember Almquist inquired why hammerheads were used instead of culdesacs. Mr. Sandberg replied that the lots were originally flag lots and in order to meet ordinance criteria, hammerheads were used. They have been allowed in private developments all over the City. Roy Bartee explained that he is the design and construction manager for Valderra Development and this plat was previously approved as the Ledges Phase 11. It has been redesigned to uniquely distinguish it from other subdivisions at the Ledges. The lots are large rural lots to take advantage of the views and terrain. The lots have been moved 200 feet away from the park boundary. The reason for the hammerheads is that each of the streets accesses only two lots. Lighting will be covered and shielded. The Fire Department has bought off on the design. The width of the hammerheads will be 22' of asphalt but the right-of-way including the curb, gutter and sidewalk is 31'. The State Park boundary was adjusted early on in the process and is the boundary wanted by the State. None of the homes built in this subdivision will be seen from any portion of the road through the State Park. The CC&Rs will be sensitive to the natural land forms and homes will blend in with the land forms. They will be low profile homes with a minimum and maximum square footage, height restriction, limits on disturbed area and irrigated landscaping. MOTION: A motion was made by Councilmember Pike to approve the preliminary plat. SECOND: The motion was seconded by Councilmember Nickle. VOTE: Mayor Pro Tem Bunker called for a vote, as follows: Councilmember Pike - aye Councilmember Nickle - aye Councilmember Almquist - aye St. George City Council Minutes May 20, 2010 Page Eight Councilmember Shakespeare - aye Mayor Pro Tem Bunker - aye The vote was unanimous and the motion carried. CONDITIONAL USE PERMIT: Consider approval of a conditional use permit to construct a detached garage to a height above 15' at 2922 South 2350 East in the Knolls at Little Valley Subdivision. Mr. and Mrs. James McCune, applicants. City Planner Craig Harvey advised the property is located in an RE-12.5 zone. The structure will be 23'9". The new structure will have attic storage but no liveable space. The Planning Commission recommends approval based on findings with regard to aesthetics, height, and maintaining the character and purpose of the zone. There were no comments from neighbors at the Planning Commission meeting. MOTION: A motion was made by Councilmember Shakespeare to approve the conditional use permit as recommended by the Planning Commission. SECOND: The motion was seconded by Councilmember Nickle. VOTE: Mayor Pro Tem Bunker called for a vote, as follows: Councilmember Shakespeare - aye Councilmember Nickle - aye Councilmember Almquist - aye Councilmember Pike - aye Mayor Pro Tem Bunker - aye The vote was unanimous and the motion carried. GRANT AGREEMENT: Consider approval to become a party to a 21st Century Grant in the provision of evening classes for Millcreek High School students. City Manager Gary Esplin advised this item is an agreement with the Washington County School District for Millcreek High School to seek a government grant to allow on-the-job training. Certain City employees will be involved, as will City facilities, in order to provide vocational opportunities for Millcreek students. Any City costs will be paid for from the proceeds of the grant. Gary Sanders advised the agreement is for five years. The first three years will be fully funded, with the fourth funded at 75% and the fifth year funded at 50%. After that it is hoped the program will be self-sustaining. There will be 33 hours of classes over a period of 11 weeks. The classes will be in the area of horticulture, sculpture maintenance, theater, art history, etc. City Manager Gary Esplin commented he could not see a downside except for use of the facilities, which would be at no cost to the City. Councilmember Pike inquired if City employees’ time would be compensated. Mr. Esplin replied that employee time would be compensated by the grant. He stated his only concern is that if City facilities are used, a City employee must be present. He recommended approv...


City Council Meeting Mintues Minutes 02/06/2020:
...DINANCE REGULATING THE DESIGN, LOCATION AND CONSTRUCTION OF SMALL WIRELESS FACILITIES IN PUBLIC RIGHTS OF WAY: Consider for approval an ordinance regulating the design, location and construction of small wireless facilities in public-rights-of-way.   City Attorney Shawn Guzman explained a previous legislative session mandated that local entities have ordinances such as this one.  This ordinance is to regulate the use of public St. George City Council Minutes February 6, 2020 Page Nine   rights-of-way by wireless communication providers related to small wireless communication facilities to the extent allowed by law to promote and protect public health, safety and welfare.  He pointed out the ordinance incudes a fee schedule outlined the proposed fees.   Councilmember Randall returned.   MOTION:      A motion was made by Councilmember McArthur to approve the ordinance regulating the design, location and construction of small wireless facilities in public-rights-of-way including the fee schedule. SECOND:&nbs...


City Council Meeting Minutes Minutes 01/09/2020:
...Distribution; Tourism; Seasonal Residents; St. George Regional Performance Facilities Inventory; Facility Utilization; Performance Facilities Inventory; User Demand; Broadway Potential; Benefits & Impacts; Recommendation.   Architect Alberto Cavallero took over the PowerPoint presentation covering the following topics:  Preliminary Program (Comparison); Graphic Program; Candidate Sites; Site 1 – Test Fit; Site 2 – Test Fit; Site 3 – Tech Ridge; and Site Comparison – Pros & Cons.   Mr. Webb continued with the PowerPoint presentation covering the following topics:  Operating Goals; Governance; Activity Profile; Activity Profile; Operating Budget; Funding Scenarios; How Options Support Local Users; and St. George Performing Arts Center Critical Path Plan.   Mayor Pike noted the Council asked for this study and commented that this is a huge project; it will take significant help from the private sector to accomplish.  The Council will determine levels of assistance. He asked the Council to review the full report when they receive it.    City Manager Adam Lenhard commended those involved and stated the consultant did a great job.  It puts the City in a great position to make decisions.   Mayor Pike noted as part of this project, significant time was spent gathering information from the arts community.  Although there have been comments made St. George City Council Minutes January 9, 2020 Page Two   about financial assistance where there is a plan; it is fairly conceptual at this time. A number of groups said they would like to be involved but it is not known what level.   He feels the Council needs to think about where they would like to head.    Councilmember Hughes noted it will take the private sector to help pay for the building.  He explained he is concerned with the ongoing costs of operation and maintenance.  He commented this needs to be a performing arts center, not just an auditorium; if a center is built, it needs to be done right.   Councilmember Randall reiterated what Jimmie said.   Councilmember McArthur he would like to see a performing arts center, indoors so it can be year-round and in the downtown area.  He would like to see comparable facilities and how it can be funded.    Mr. Webb encouraged the Council to visit other communities that have built a center like this.   Councilmember Larkin echoed what the other Councilmembers said.  She noted the renderings are fantastic.   Mayor Pike stated you never know until you ask what financial support will be received.    The consensus of the Council is not to fund this proposal with increased taxes. Rather than “kicking the can around” they would like to focus more on how it’s going to get done the right way and see what the private sector can do to help build it and how it will be maintained and operated.   Mr. Webb explained other communities operate these buildings in a sustainable fashion; supported with earned income and donations.     Mayor Pike noted he would like the Council to look at and digest the study. There has to be a plan at some point.    Lucas Darger with the Southwest Symphony stated they are appreciative of the group and to the City for getting the study done.  They are trying to continue to raise the bar and consistently sell out.  He noted they have a lot of constraints with existing facilities.   Diamond McPherson mentioned that he would like to com...


City Council Minutes 12/06/2007:
...r construction of a manufacturing facility including equipment and related facilities for Young Electric Sign Company, or any related company (the ?Project?); authorizing the issuance and sale of such bonds in the principal amount of not to exceed $6,000,000. City Manager Gary Esplin explained that as required under the TEFRA Act, a public hearing must be held with regard to the issuance of tax-exempt IRB bonds. Mayor McArthur opened the public hearing. There being no public comment, he closed the public hearing. Council Member Gardner commended YESCO for relocating their operation within St. George and bringing added tax base to the City. PUBLIC HEARING/FINAL PLAT: Public hearing to consider approval of an amended and extended final plat for Tonaquint Terrace Phase 2 Subdivision located at approximately 1300 West and 2200 South. Jim Raines, representative. Todd Jacobson explained that the purpose of the amendment is to adjust lot lines between Lots 158 and 159 to accommodate a larger building pad on Lot 159, and Lot 169 is being pushed out to the north and west about 6' to accommodate an existing rock wall. Mayor McArthur opened the public hearing. There being no public comment, he closed the public hearing. St. George City Council Minutes December 6, 2007 Page Five MOTION: A motion was made by Council Member Allen to approve the final plat. 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/AMEND CITY CODE/ORDINANCE: Public hearing to consider approval of an amendment to Title 10, Chapter 7C, St. George City Code, Multiple Family Residential Zones (R-2, R-3, R-4) to add ?child family support facility? as a conditional use in the multi-family zones. City Planner Ray Snyder read the proposed new ordinance language. He explained that the applicants, Christine Nelson and Laura Bartschi, are interested in a particular site, but this will require a code amendment which will affect the entire City. The Planning Commission recommends approval. He stated the applicants do not want to have to remain on the site twenty four hours a day, seven days a week, as they have their own families, but someone will be there 24 hours a day. Christine Nelson and Laura Bartschi, applicants, explained a grant will pay for the running of the facility. They explained that the existing crisis center is not designed to take children under the age of 10, and there is a need for this in the community. The proposed family support facility will take children ages 0 to 11 who are at risk of being abused. Parents may bring their children to the facility, or DCFS, or the police. Council Member Bunker inquired if there was adequate parking. The applicants replied that the facility is a drop off center and no one would park for any length of time. The facility is not a treatment center, so there would be not have to be parking for therapists either. Mayor McArthur opened the public hearing. Paul Marshall advised that he works at the crisis center, which is a receiving center/shelter which takes in kids who have run away, etc. It also acts as a shelter for DCFS kids. He stated a crisis nursery was needed to keep the young kids from mixing in with the older kids. Mr. Snyder advised this request is to amend the zone and make the use a conditional use. Each site would have to come before the City Council for approval. There being no further public comment, Mayor McArthur closed the public hearing. Council Member Bunker inquired why the number of children was being limited to eight when the State allows more. The applicant responded that the application should read whatever the state requires. City Attorney Shawn Guzman commented that if the home is large, a large number of children could be housed there as the state requirement is based on square footage. He stated that limiting the number of children to eight to start is a good balance and the Council could address the issue again in the future. MOTION: A motion was made by Council Member Gardner to approve the code amendment by ordinance. SECOND: The motion was seconded by Council Member Allen. VOTE: Mayor McArthur called for a roll call vote, as follows: Council Member Gardner - aye Council Member Allen - aye Council Member Bunker - aye Council Member Orton - aye Council Member Whatcott - aye The vote was unanimous and the motion carried. City Attorney Shawn Guzman explained that a deviation in numbers during a transition is allowed to provide flexibility for a limited period of time. St. George City Council Minutes December 6, 2007 Page Six The applicants advised that if the facility is full and there is a child at risk who needs shelter, the process to get on a City Council agenda is too long. City Attorney Shawn Guzman clarified that sporadic occasions where a child comes in at night and makes nine children would be allowed if another child is leaving the next day, in any given 24 hour period. What the City is concerned with is the impact on the neighborhood with regard to noise, cars, trash, etc. Mayor McArthur advised that the ordinance is in place to protect the neighborhood too. Council Member Whatcott commented that if the applicants need to, they can come back to the City Council to request the ordinance be amended to allow more children. PUBLIC HEARING/AMEND PD ZONE/ORDINANCE: Public hearing to consider approval of an amended Planned Development (PD) zone for The Ledges with approximately 1,150 acres located south of Winchester Hills along both sides on Highway U-18. Council Member Gardner declared a conflict of interest and advised that he would participate in the discussion but not vote. Community Development Director Bob Nicholson explained that this is the second amendment to this PD. The original project was approved in 2004. The agreement at that time was in exchange for density, a buffer along Winchester Hills would be one unit per acre, but the units could be clustered. The preferred alternative was a 100' buffer to remain open so no storage sheds or accessory buildings would be built within the 100' buffer. It would remain open space and trails. The overall density would be one home per acre. In 2006 the PD was amended. The original plan had 2700 housing units, and this was dropped down to a maximum of 2400 housing units. The new revised plan shows a second 18 hole golf course, the fire station site has been moved, park locations have been changed, housing density will remain the same (approved up to 2450 dwelling units), and minor changes to the road layout have been made. There are public streets on the east side of U-18 and private streets on the west side, with the exception of the frontage road. 76% of the area will be in some form of open space, golf course, or natural area. The other change proposed is a resort/spa location on the west side of U-18 northwest of the JEL subdivision. The Planning Commission recommends approval subject to public access being provided to the natural area. The applicants have agreed to provide the public access, as well as to Snow Canyon State Park. They are also providing additional storm water detention. Hans Kuhni, representing the Ledges, advised that a very high end five star hotel component with a world class spa is planned. The hotel will be a major service provider in the hotel industry. Noble Keck, a resident of Winchester Hills, expressed concern with water run-off from the Ledges, the height of the cluster homes in relation to his property and lighting. He stated he moved here from Ohio in September and his realtor told him the Ledges property adjacent to his home was supposed to be one unit per acre. He expressed concern with loss of his view, dust during construction, and water. He stated he did not know how high the proposed road by his home would be nor the distance between the road and his lot. He suggested that the lots should not be clear-cut until they or sold or a home is ready to be built. He stated he would like to review the elevations of the proposed dwellings to see how they will affect his view. He asked that consideration be given to use of low pressure high sodium lighting to maintain the night sky. He suggested that the golf course not plant so much grass and leave some areas natural. Natalie Montoya, a resident of Winchester Hills, stated the Ledges had done a nice job so far. She agreed with Mr. Keck that not so much grass should be planted and grass is certainly not needed in the roundabouts. She expressed concern with the location of the hotel and spa and traffic created by the hotel and spa. She expressed concern that her view of Snow Canyon would be blocked by the hotel and spa. Lance Allred, a property owner in the area east of where the spa will be located expressed frustration with the City as he called and asked if the Ledges plan would be available to review prior to the meeting and was told no. He stated the large commercial area is a significant change to the PD and merits discussion. He stated he would like to know in great detail what the plans are for the area. St. George City Council Minutes December 6, 2007 Page Seven Jerry Harris, a resident of Diamond Valley, advised he moved there to get away from the city and businesses and to live in a nice, quiet area. He expressed concern with the proposed business area and what precedent would be set for expansion. Caryn Magnesen, a resident of Winchester Hills, advised she lives behind tee four and hears a lot of angry golfers. Over the summer she had many golf balls in her yard. She stated it was her understanding a wall was supposed to be put up between the two communities. She stated there was an issue with water pressure and it was her understanding the Ledges tank was supposed to be kept at a certain level. Last month Winchester Hills water board members were kept busy trying to keep Winchester Hills water level up. Also, there is consistent watering going on at the golf course, even during freezing weather. She stated she has issues with water runoff, and there is a flooding problem where a road is proposed from the Ledges. She inquired if this roadway would be raised, and if so, where the water would go. She advised that a detention basin was built by her home, but was not shored up on either side, so her property is filling up the basin. She inquired where the runoff would go when the homes and new road were built, and if the basin will be moved. She inquired how high the clustered homes would be and about lighting. She stated her family moved to Winchester Hills for the night sky and to live in a quiet community and they are concerned about congestion and light pollution. City Manager Gary Esplin commented that the action requested is to amend the general plan, and not to design washes or zone for development. Most of the things mentioned are handled in the development review process. The applicant will be required to handle their drainage, and when the property comes in for a zone change specifics with regard to height, drainage and where the roads will be located will be indicated. There is a misconception about the water issue. The City has addressed this issue and the Ledges is watering with their own water. The City purchased the wells in the area and the Ledges paid impact fees. They have every right to do what they are doing with the water. The City agreed to help Winchester Hills if their water level goes down below a certain point if their well is affected, and it has provided water to Winchester Hills when their pumps were down. The Ledges should not be blamed for water pressure problems in Winchester Hills because their wells are separate. Community Development Director Bob Nicholson explained that a public hearing will be required on the preliminary plat and citizens again will have an opportunity for public input. With regard to the gentleman who asked to look at the plans and were told they were unavailable, all plans are totally available to the public. Lance Allred expressed concern that the area now designated for commercial was previously designated as residential. Marvin Fuller advised that he lives adjacent to a ridge and the water runs down to his property. A density increase in his area will create additional storm water run-off into his property. He objected to the change in zoning for additional units on top of the ridge. Council Member Allen advised that the Ledges will have to contain their runoff. Doug Allred commented that the new five star spa will be located adjacent to properties with corrals, chickens, livestock being slaughtered, dogs who bark and flies. He stated while he and his neighbors want to be good neighbors, they were there first. Council Member Orton informed Mr. Allred that their use would be grandfathered in. There being no further public comment, Mayor McArthur closed the public hearing. City Manager Gary Esplin advised that the recently approved air quality ordinance prohibits clear-cutting and puts the responsibility on the property owner to keep the dust down. He explained that the overall density in the project area will not increase, but the clusters of units may change in density or location within the project. The City Council will see the exact plans and elevations, lighting, accesses and buffers and will take precautions to make sure the area Mr. Allred is taking about is buffered. The existing uses will be grandfathered in. The major change to the plan is relocation of some commercial, the fire station site, and rearrangement of some of the units, but the overall density remains the same as approved. City ordinance prohibits the runoff of water onto someone else?s property, and the applicant will have to take care of this. If Winchester Hills is lower, the applicant will have to retain the water or drain it, but it cannot drain off onto neighboring property. This will all be dealt with in final plat approvals. There will still be plenty of opportunity for citizens to offer public input. St. George City Council Minutes December 6, 2007 Page Eight Council Member Orton commented that other changes will be made to the PD, as changes are expected in a PD zone. The density will remain the same, but the project will have to be adjusted to the market and what will sell. MOTION: A motion as made by Council Member Orton to approve the amended PD by ordinance. SECOND: The motion was seconded by Council Member Bunker. VOTE: Mayor McArthur called for a roll call vote, as follows: Council Member Orton - aye Council Member Bunker - aye Council Member Whatcott - aye Council Member Gardner - abstained Council Member Allen - aye The vote was unanimous and the motion carried. Council Member Bunker inquired why no locations for schools were shown. Mr. Kuhni advised they were open to schools and if the environment changes at the Ledges, they will provide locations for schools. PUBLIC HEARING/AMEND BUDGET/RESOLUTION: Public hearing to consider amendments to the fiscal year 2007-08 budget for the City of St. George. Council Member Bunker inquired about funds allocated to the dinosaur museum. Budget and Financial Planning Manager, Deanna Brklacich, advised that the $22,000 requested is for repair of tiling and other minor repairs in the museum. It is proposed these funds be taken from the capital projects fund because there are no funds available in the dinosaur museum fund. It is important that the repairs be made as soon as possible so there is no damage to the dinosaur tracks. City Manager Gary Esplin advised the work will be done in-house and the funds are for materials only. Mayor McArthur opened the public hearing. There being no public comment, he closed the public hearing. MOTION: A motion was made by Council Member Gardner to approve the amendment by resolution. SECOND: The motion was seconded by Council Member Orton. VOTE: Mayor McArthur called for a roll call vote, as follows: Council Member Gardner - aye Council Member Orton - aye Council Member Allen - aye Council Member Whatcott - aye Council Member Bunker - aye The vote was unanimous and the motion carried. Mayor McArthur called for a break. Upon conclusion of the break, the meeting continued. ORDINANCE: Consider approval of an ordinance amending Title 5, Chapter 2, St. George City Code, allowing for a three year rabies vaccine for dogs. City Attorney Shawn Guzman explained that the requirement for rabies vaccines has changed. There is a one year vaccine and a three year vaccine, and the ordinance amendment is to allow a three year vaccine to be accepted for licensing purposes. MOTION: A motion was made by Council Member Bunker to approve the ordinance. SECOND: The motion was seconded by Council Member Gardner. St. George City Council Minutes December 6, 2007 Page Nine VOTE: Mayor McArthur called for a roll call vote, as follows: Council Member Bunker - aye Council Member Gardner - aye Council Member Allen - aye Council Member Whatcott - aye Council Member Orton - aye The vote was unanimous and the motion carried. RESOLUTION: Consider approval of a resolution reconfirming the City?s sublease arrangement with the County for the Dixie Center. Council Member Orton explained that the City?s obligation or percentage is not being changed. City action is required before next week in order to approve the new bonding, and the County is doing the same thing. City Attorney Shawn Guzman advised that the action will not impact the City fiscally. MOTION: A motion was made by Council Member Orton to approve the resolution. SECOND: The motion was seconded by Council Member Whatcott. VOTE: Mayor McArthur called for a roll call vote, as follows: Council Member Orton - aye Council Member Allen - aye Council Member Whatcott - aye Council Member Bunker - aye Council Member Gardner - aye The vote was unanimous and the motion carried. RESOLUTION: Consider approval of a resolution of the City Council of the City of St. George, Utah (the ?City?) authorizing and approving the execution by the City of an Amended and Restated Sublease Agreement by and between Washington County, Utah (the ?County?) and the City; approving the issuance and sale by Washington County/St. George Interlocal Agency, Washington County, Utah (?WCIA?) of its variable rate Lease Revenue Refunding Bonds, Series 2007 in the principal amount of approximately $16,500,000 to refund and retire the WCIA?s outstanding Lease Revenue Bonds, Series 1997A Bonds; authorizing the execution by the City of a continuing disclosure agreement and other documents required in connection therewith; approving the forms of the bond purchase agreement and official statement; authorizing the taking of all other actions necessary to the consummation of the transactions contemplated by this resolution; and related matters. City Manager Gary Esplin explained that because of the City?s agreement with the County, the City must authorize the WCIA board to issue the bonds for this refunding. Bonds were issued in 1997 and again in 2005. An option was given to the bank to call the bonds and reissue them in 2007. They are now doing that. The bonds are being reissued at the same interest rate. There will be no financial impact on the City or WCIA board. Council Member Orton advised that Gary Esplin and Jason Burningham put this together and saved the City and County a great deal and allowed expansion of the Dixie Center. MOTION: A motion was made by Council Member Orton 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 Orton - aye Council Member Allen - aye Council Member Whatcott - aye Council Member Gardner - aye Council Member Bunker - aye St. George City Council Minutes December 6, 2007 Page Ten The vote was unanimous and the motion carried. ORDINANCE: Consider approval of amendments to the air quality ordinance. City Manager Gary Esplin explained that the air quality ordinance was approved at the last meeting. Subsequent to that City Council meeting there have been discussions with some of the businesses affected. Staff?s position is they do not want to require something not done anywhere else and step on a lot of toes. The issue is there is a problem with air quality in the City and staff has been instructed to come up with proposals to resolve the issue. The ordinance has attempted to do this. There is only one person assigned to monitor air quality issues. Hours have been looked at and staff recommends the hours be adjusted to allow work from dawn to dusk instead of 7:00 a.m. to 7:00 p.m. Staff still feels strongly that operations cannot continue during the night because they can?t be monitored or tested. This is what Las Vegas requires. However, there would still be some flexibility based on certain circumstances. The ordinance has been pared back a little to deal with air quality issues and not noise issues which can be addressed through the nuisance ordinance. Proximity requirements have been narrowed. Bill Swensen advised that another meeting was held with the Task Force Committee and staff recommends implementation of some of their recommendations, but not all. He then reviewed the changes to the ordinance. One change will allow hauling at night, and noise will be dealt with through the Nuisance Ordinance. Driving on the construction site is not considered an activity and was eliminated. Use of water to control dust on paved roadways is not permitted on one acre or larger projects. Hours of activity have been changed to dusk to dawn and an eight hour day on Saturday. Legal holidays need to be revisited. Council Member Gardner stated he felt the ordinance was over-reaching and holidays and weekends should not be restricted. Council Member Orton commented that the City would have to have staff to monitor the operations on weekends and holidays. Council Member Whatcott commented that if given the opportunity to work when not being monitored, their work pattern will shift just like a traffic pattern. Mr. Swensen explained that the amendment will allow the contractors another window of opportunity to catch up. He stated he understood that aggregate operations and development will need to occur beyond sunrise or sunset and these situations will be evaluated on a case by case basis. Hours for detonation are between 8:00 a.m. and 5:00 p.m. Monday through Friday, with no detonation on Saturday, Sunday or legal holidays without prior approval from the City. Las Vegas and Henderson similarly limit detonation. Other minor changes were made with regard to the size of clean rock and elimination of a cash deposit. Owen Olsen, Association of General Contractors, asked the City Council to not approve the ordinance as changes are being suggested which cause them concern. He stated he wanted these concerns to be taken care of before adoption and due process has not bee provided. Limiting operations to dawn to dusk will have a devastating effect on contractors who have contracts to meet. Council Member Orton advised that the ordinance was approved and adopted two weeks ago and is in effect. City Attorney Shawn Guzman clarified that the proposed amendment will allow contractors to work longer - from dawn to dusk, rather than from 7:00 a.m. to 7:00 p.m. He clarified that what is proposed is less restrictive. Mr. Olsen replied that this was never taken through the Task Force and they want it deleted with no time restrictions. Mr. Swensen stated that some work at night will be permitted under certain conditions and with prior approval. The sunrise to sunset restriction was a suggestion from the Task Force. Council Member Orton commented he was surprised that Mr. Olsen wanted to leave the old ordinance in effect and not make the proposed changes. St. George City Council Minutes December 6, 2007 Page Eleven Mr. Olsen replied the contractors would like a few more changes before final approval is given. Council Member Orton again explained that the ordinance was already approved and is in effect. Council Member Gardner commented he voted against the ordinance at the last meeting because it was not in final form. His concern is if the Council proceeds again before it is fine tuned, it would be a disservice. Council Member Orton commented that the ordinance was approved by the City Council on a four to one vote, and a majority of the Task Force present tonight wanted it passed. Council Member Allen inquired if the matter could be tabled. City Manager Gary Esplin replied that the Council?s choices were to repeal the action taken at the last meeting and have no ordinance, amend the ordinance with the recommendations presented, or take no action and leave the ordinance as currently exists and adopt a fee schedule. Not everyone will agree on everything in the ordinance and a consensus will never be had. City Attorney Shawn Guzman advised that the ordinance could not be repealed at this meeting because it was advertised as an amendment. Bill Swensen commented that he was surprised at the opposition, as he met with the Task Force last Thursday and they agreed on all of the proposed changes. They met again yesterday and agreed to the sunrise to sunset hours of operation. Council Member Allen commented that if something causes the contractors financial harm or the loss of a contract, the issue can be addressed again. Mayor McArthur commented there is also flexibility to address issues on an individual basis. Mr. Olsen expressed concern with having to obtain prior approval and if the person issuing the approval is not flexible. City Manager Gary Esplin commented that the issue is being sidestepped. More complaints are received by the City about air quality than anything else. There is an air quality problem and the City now has an ordinance to deal with it. He stated that the City has come too far to backpedal. Other places are enforcing air quality regulations exactly as the City is now proposing. Russell Limb, Progressive Contracting, explained that he is a member of the Task Force, and while he likes most of the recommendation, some things will be devastating to them, such as not being able to batch concrete before daylight. City Manager Gary Esplin advised the proposed amendment says that hauling can take place during the night. Mayor McArthur clarified that the restriction is on mining and crushing. Mr. Limb commented there were plenty of penalties to make people comply. He inquired why the hours of operation had to be restricted. Mayor McArthur advised that there is an inversion in the morning in several areas of the City. While it is not known exactly what is causing it, the City is trying to get a handle on it. The ordinance is a work in progress and can be modified. Council Member Whatcott commented that the fact there is a problem is being sidestepped. If a contractor is fined, it is because he is not in compliance. The City is attempting to improve its air quality. There is an air quality problem and to do nothing would be a joke. Council Member Gardner commented that since the ordinance was passed he has tried to see where the clouds of dust are coming from. He noticed that as soon as the mining activity across the border begins, the dust can be followed like a smoke trail. It ends up in Little Valley. He stated he felt the City was compounding the problem by putting it all on the backs St. George City Council Minutes December 6, 2007 Page Twelve of contractors when 90% of the problem comes from outside the area where the City has no control. He stated he felt the City was moving in the wrong direction and was being too aggressive. Jim Able, a resident of the Knolls, showed pictures of the haze in the Little Valley area and pictures of the haze which resulted from PCI?s blast. He stated that the ability to call someone about a dust issue is not in place. He stated that the industry cannot regulate itself so the City must create a regulatory oversight to prevent the problem. He stated a fine needed to be identified to assess against those who do not abide by the ordinance. If blasting, the dust needs to be contained and the charge lowered. He stated he could not imagine assuming the problem will get better if left up to the violators to take care of. Ron Axton, a resident of Meadow Valley, stated that his perspective as a citizen is that it comes down to enforcement. Bill Swensen is a department of one and cannot do it all. He stated that contractors are not policing themselves and are in defiance rather than compliance. He stated that at the meeting when the ordinance was passed a representative from Quality Construction said citizens could call him at any time about concerns, and the representative still has not returned his call. He stated he was appealing to the City Council to look at enforcement and have sufficient employees to do this. Susan Fraser, a resident of the Knolls, stated that if contractors are allowed to crush on Saturdays and Sundays and holidays, the air quality will never be improved. She stated that contractors do not take the responsibility to monitor themselves and there was blasting by the Knolls every day last week. She advised that she called Bill Swensen who told her the state continues to rubber stamp blasting permits. Russ Limb says that he is located in an industrial area, but the City Council also granted permission for the area to be residential, with parks and schools. She asked the contractors to reach a compromise with the residents of the City. Ron Ohlwiler, a resident of the Knolls, stated that some of the suggested changes to the ordinance give a lot of outs to the violators. He stated the City should require the posting of a surety bond for those who refuse to follow the guidelines. He stated the ordinance will not please everyone, but the City had to start somewhere and if more teeth is put into it, the contractors can still operate within reasonable bounds and the air quality will improve. Council Member Bunker asked that the holidays be identified. After discussion, the holidays identified for purposes of the ordinance are: New Years Day, Memorial Day, July 4, Labor Day, Thanksgiving Day, and Christmas Day. MOTION: A motion was made by Council Member Orton to approve the ordinance amendments as recommended and specifying the six holidays as decided upon. SECOND: The motion was seconded by Council Member Bunker. Council Member Orton suggested that the Task Force remain intact and continue with their work, as the ordinance is a work in progress and can be changed. VOTE: Mayor McArthur called for a roll call vote, as follows: Council Member Orton - aye Council Member Bunker - aye Council Member Gardner - aye Council Member Allen - aye Council Member Whatcott - aye The vote was unanimous and the motion carried. RESOLUTION: Consider approval of a resolution adopting a fee schedule for the City?s air quality program. Bill Swensen reviewed the proposed fee schedule. He clarified that contractors are required to call in weekly for inspections for long-term ongoing projects. He stated that any time earth is being moved, the City must be notified and a permit obtained. He advised he hoped to implement this process so it is available on the internet. St. George City Council Minutes December 6, 2007 Page Thirteen City Manager Gary Esplin stated that the problem is multi-faceted and includes uncovered loads, dust generated when the ground in moved, blasting dust, etc. These activities must be monitored so that the resulting problems can be dealt with. The inspector must know what is going on and control potential problems. As all the dust causing activities accumulate, they add to the entire problem in the City. Staff is trying to muddle through and figure a way to deal with it. Whether the fees are too high or not, he did not know. Council Member Gardner inquired if there were a relationship between the amount of the fee and the number of times the project is inspected, or if the fee is really a permission fee on the front end of a project. He commented he would rather see a lower fee and have more compliance on the front end. Council Member Whatcott commented that an application fee should be a one-time cost of $25 or $35, and whether a contractor is working on one or 10,000 acres, he should not be charged a development fee on an annual basis as that would be unfair. On the development side, the City is trying to create funds to provide a second person to cover more territory. He stated he agreed with Council Member Gardner that charging a fee based on acreage is unfair. Bill Swensen replied that most of the ordinances used as models used acreage for the fee schedule. Council Member Bunker suggested the fees be charged on the project rather on acreage. Council Member Gardner suggested that if the fee is based on acreage, it be lowered by half. City Manager Gary Esplin commented that the City Council did not need to adopt the fees tonight if they would like time to review them. City Attorney Shawn Guzman advised there is a general penalty in the ordinance for any violation fee not specified. Right now if someone comes in with an application, the City will not charge them an inspection fee. Mayor McArthur suggested the item be tabled and given to the Task Force for recommendations. MOTION: A motion was made by Council Member Bunker to table the matter and give it to the Task Force for review. SECOND: The motion was seconded by Council Member Gardner. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. Council Member Whatcott suggested that a one-time fee for contractors to be signed up for the air quality program could be handled on the business license form. BEER LICENSE: Consider approval of a beer license and local consent for an on-premise beer license for the Lucky Buffet at 696 North 3050 East. Leong Lee Foo, applicant. City Manager Gary Esplin advised the application met all requirements and staff recommends approval. MOTION: A motion was made by Council Member Orton to approve the request. SECOND: The motion was seconded by Council Member Whatcott. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. INCENTIVE AGREEMENT: Consider approval of an incentive agreement with YESCO. City Manager Gary Esplin explained that YESCO proposes to locate a new manufacturing facility in the Ft. Pierce Industrial Park. They propose to generate 94 new jobs, with a majority of those jobs paying higher than the daily wage rate in Washington County and a benefit package. They have invested $5,000,000 in land and a building and equipment. He suggested that since they are locating in a CDA, they be given an incentive similar to others given in this area by returning to them a portion of their property tax equal to 50% for a period of five years. No money will be coming out of the General Fund, but from the taxes they pay. St. George City Council Minutes December 6, 2007 Page Fourteen MOTION: A motion was made by Council Member Orton to approve the agreement. SECOND: The motion was seconded by Council Member Gardner. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. RESOLUTION: Consider approval of a resolution providing for the financing by the City of St. George, Utah (the ?Issuer?) of the acquisition and/or construction of a manufacturing facility including equipment and related facilities (the ?Project?) to be located in the City of St. George, Utah, for use by Young Electric Sign Company, or any related company (the ?Borrower?) in order to promote the general welfare of the residents of the State of Utah; authorizing and providing for the issuance by the Issuer of its $5,000,000 Industrial Development Revenue Bond, Series 2007A (YESCO Properties LLC Project) and $1,000,000 Industrial Development Revenue Bond, Series 2007B (YESCO LLC Project), which will be payable solely from the revenues arising from the pledge of two loan agreements among the Issuer, the Borrower and GE Government Finance, Inc., as said lender; authorizing the execution and delivery of said loan agreements, escrow agreements and related documents; confirming the sale of said bonds; and related matters. MOTION: A motion was made by Council Member Gardner to approve the resolution. SECOND: The motion was seconded by Council Member Whatcott. VOTE: Mayor McArthur called for a roll call vote, as follows: Council Member Gardner - aye Council Member Whatcott - aye Council Member Orton - aye Council Member Allen - aye Council Member Bunker - aye The vote was unanimous and the motion carried. BEER LICENSE: Consider approval of a beer license and local consent for a restaurant liquor license for the Barbeque Bistro. Larry D. Miller, applicant. City Manager Gary Esplin advised the license is for a new owner but for a location that has an existing license. The application meets all requirements. Mr. Miller, applicant, advised that he has been operating the Dammeron Valley BBQ for the past four year and has recently taken over the Tony Roma?s location. MOTION: A motion was made by Council Member Orton to approve the request. SECOND: The motion was seconded by Council Member Whatcott. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. CONSERVATION EASEMENT: Consider acceptance of a conservation easement for two parcels within the Entrada development for open space preservation. Spilt Rock, Inc., applicant. City Manager Gary Esplin advised in order for the applicants to receive a tax credit the City must accept the easement before the end of the year. The easement will be used for the purpose of maintaining permanent open space. MOTION: A motion was made by Council Member Gardner to accept the easement. SECOND: The motion was seconded by Council Member Allen. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. CONDITIONAL USE PERMIT: Consider approval of a conditional use permit to establish a restaurant and cake parlor with non-conforming parking at 25 North Main Street. MOTION: A motion was made by Council Member Allen to approve the conditional use permit subject to the recommendations of the Planning Commission. SECOND: The motion was seconded by Council Member Whatcott. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. St. George City Council Minutes December 6, 2007 Page Fifteen SET PUBLIC HEARINGS: Community Development Director Bob Nicholson advised that the Planning Commission, at its meeting held November 27, 2007, recommended that public hearings be scheduled for January 10, 2007 at 5:00 p.m. to consider: (1) An amendment to the General Plan Land Use Map from MDR to PO on 3.9 acres located at 1350 East 900 South. Blue Mountain, applicant. (2) A zone change from R-1-10 to PD-AP on 3.9 acres located at 1350 East 900 South. Blue Mountain, applicant. (3) A zone change from R-1-10 to C-3 on 4.747 acres located at 501 North Bluff Street. Jason Vowell, owner. (4) A zone change from M&G to PD-Residential, PD-Commercial, Open Space, Airport Supporting Business, Airport Vicinity Industrial, Commercial Mixed Use, C-2, R-1-10, R-1-12 and R-3 on 2,432 acres located in the southeast corner of St. George south of the proposed replacement airport and north of the Utah/Arizona border. Desert Canyons Development, applicant. (5) A zone change from A-20 to R-1-10 on 30.63 acres located at 3300 South Little Valley Road. Phillips Homes, applicant. (6) An amended preliminary plat for Fieldstone Estates located south of Rasmussen Drive between 3000 East and 2780 East. Chuck West, applicant. MOTION: A motion was made by Council Member Orton to set the public hearings as recommended by the Planning Commission. SECOND: The motion was seconded by Council Member Gardner. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. FINAL PLAT: Todd Jacobsen explained that the Planning Commission recommended approval of the final plat for Mountain Cove Subdivision. The zoning is R-3. MOTION: A motion was made by Council Member Orton to approve the plat. 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 approval of a conditional use permit to construct a maintenance building in an Open Space zone located at approximately 840 East Brigham Road. Washington County School District, applicant. City Planner Ray Snyder explained that the maintenance building will be located in front of the warehouse. The Planning Commission recommends approval. MOTION: A motion was made by Council Member Bunker to approve the conditional use permit. SECOND: The motion was seconded by Council Member Gardner. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. EXTENSION OF ORDINANCE: Consider approval of a two month extension for Ordinance No. 2007-08-002 which provides temporary land use provisions for a density bonus system in the Little Valley Plan Area. City Manager Gary Esplin recommended the temporary zoning ordinance in the Little Valley area be extended until February 7, 2008 while staff is finishing up the density bonus program. MOTION: A motion was made by Council Member Gardner to approve the extension. SECOND: The motion was seconded by Council Member Bunker. Council Member Whatcott commented that eventually the density bonus program will be uniform throughout the City. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. St. George City Council Minutes December 6, 2007 Page Sixteen WATER EXCHANGE AGREEMENT: Consider approval of a water exchange agreement with St. George 730 (the Lakes project). City Manager Gary Esplin advised this is a recommendation from the Water Department to exchange 242.6 acres feet of water rights in the Lounsbury well and additional rights in the Mathis Park area for reuse water, in the amount of $391,431.20. Water Services Director Barry Barnum explained that the City will be buying about 800 acre feet of irrigation water and 240 acre feet of water in the Lounsbury well which has the potential of being transferred to the Snow Canyon wells. Even with the reuse water, there is the potential for a five year payback on the purchase, and the irrigation water is about a break-even. Overall, it is a good deal for the City. MOTION: A motion was made by Council Member Gardner to approve the agreement. SECOND: The motion was seconded by Council Member Whatcott. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. DEVELOPMENT AGREEMENT: Consider approval of a development agreement between the City and Beehive Homes. City Manager Gary Esplin explained that approval of the agreement will allow Beehive Homes to use City property for a detention basin and privacy walls. 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 a reliability delegation agreement with UAMPS. City Manager Gary Esplin explained that an agreement is needed to conform with the Energy Policy Act of 2005. MOTION: A motion was made by Council Member Whatcott to approve the agreement. SECOND: The motion was seconded by Council Member Orton. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. AGREEMENT: Consider approval of a real estate purchase agreement with the Harmon Johnson Family Trust. City Manager Gary Esplin explained the agreement is to purchase 10.03 acres of land at the replacement airport site for $727,175. MOTION: A motion was made by Council Member Whatcott to approve the agreement. SECOND: The motion was seconded by Council Member Orton. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. AGREEMENT: Consider approval of a real estate purchase agreement with Chris Roberts, Frank Allen, Nora and Raymond Brown, Gayle Winterrose and Chad and Holly Chiniquy. City Manager Gary Esplin explained the agreement is to purchase 40.12 acres of land at the replacement airport site for $2,908,700. MOTION: A motion was made by Council Member Gardner to approve the agreement. SECOND: The motion was seconded by Council Member Allen. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. AGREEMENT: Consider approval of a development agreement for the Lakes project. City Manager Gary Esplin explained that this agreement was discussed in concept at the last work meeting. The property is zoned R-1-10 and is already master planned and has some St. George City Council Minutes December 6, 2007 Page Seventeen entitlement rights as far as R-1-10 zoning. The Lakes agreesthat they will donate to the City the property for the community park and neighborhood park and build the neighborhood park. They are going beyond what the City considers the intent of the density bonus program in fulfilling their needs, so they are not included in the density bonus overlay zone. They are asking for additional density within the project, but overall it fits in the R-1-10 zone. They have open space areas and staff feels good about the project. The only concern needing clarification is the triggers for when the roads and parks will be built. Deputy City Attorney Joseph Farnsworth advised that as far as timing of the parks, he spoke with the developers and had numerous meetings about the mechanism for reimbursement of impact fees and the timing for building the parks. It is stated in the agreement that these issues will be addressed in a separate agreement. City Attorney Shawn Guzman advised that details on the impact fees can be worked out at a later date, but when construction of the parks will take place cannot be left wide open. A minimum in the agreement will be needed such as how many residents it will take in order for the neighborhood park to be built. A representative of the Lakes commented that this was fine. Mr. Farnsworth commented that road construction trigger points are addressed in the traffic impact study and incorporated into the agreement. A provision in the development agreement states that the traffic impact study can be amended as needed. City Manager Gary Esplin commented that the applicants are paying only a portion of some of the off-site traffic signals, so when they go in is a question. The City may want to require their portion of these funds up front. When secondary access roads are needed is addressed in the traffic study. Matt Ence, representing the applicant, advised that the timing of the offsite roadway improvements will be left to the control of the Public Works Department to tell them when they are needed, and when they would make their contribution if some of the improvements needed to go in prior to the first plat. They would like the park timing issue part of a separate agreement as no one has come up with a good idea and both sides said they would work with each other. He stated he was not opposed to putting something in the agreement, however, one thing that may mitigate the need for parks to be built is that the applicant is dedicating a lot of open space that is already useable for recreation purposes such as 80 acres of open space and trails that does not need to be improved to be used. With regard to the impact fee credits, the City has already established things the impact fees will be used for. The developers are saying that if they build something in the capital facilities plan, they want to be credited or reimbursed for that. The Hidden Valley project had a separate agreement for impact fees, and the applicant would like to do the same. They are agreeable to the same principles except for one feature - they are not asking for a density credit. They are only asking for what it is already zoned and in return are saying they are putting in neighborhood park improvements and getting an impact fee credit. They are saying they will dedicate neighborhood parks, dedicate a community park, but they want credit or reimbursement for basic neighborhood park improvements, in addition to getting credit for community park improvements and other improvements. City Attorney Shawn Guzman clarified that the applicants are also dedicating a master planned trail. Matt Ence stated that if master planned trails are included in the capital facilities plan, the applicants would like reimbursement if they build them...


Redevelopment Agency Agenda Agenda 06/07/2018:
... updates its Drainage Master Plan about every ten years and the Impact Fee Facilities Plan every five years. Bowen Collins and Associates completed the previous study.  Recommend approval.  Among other things, it will provide an updated Capital Facilities Plan, Impact Fee Facilities Plan, and address drainage issues in several high growth areas within the City.   c.    Consider approval of a Professional Services Agreement with Applied Geotechnical Engineering Consultants (AGEC) for the materials testing of the Wastewater Treatment Plant (WWTP) Expansion Phase I and the groundwater well monitoring at the WWTP.        BACKGROUND and RECOMMENDATION:  The WWTP Expansion Phase I is under construction.  This Professional Services Agreement is for the compaction and materials (concrete, steel, masonry) testing of the project.   Also, the City is required to monitor the groundwater at the WWTP for petroleum products leaked from a fuel tank in the past.  This PSA included the monitoring of the existing groundwater monitoring wells and the addition of another monitoring well, with all of the documentation and reporting required by the State.  Recommend approval.   d.    Consider approval of a Professional Services Agreement with Bowen, Collins, and Associates for the Preliminary Engineering Design of the WWTP Phase II Expansion Project.        BACKGROUND and RECOMMENDATION:  Construction of the WWTP Phase I Expansion Project is underway.  The project is expected to take 20 months to complete.  This phase of the project upgrades the Influent Headworks (incoming) portion of the plant, as well as the UV Disinfection (outgoing) portion of the plant.  The WWTP Expansion Phase II will upgrade and expand the main treatment portion of the plant.  Design of this portion of the expansion is expected to take about 12-14 moths.  Our intent is to design Phase II and be able to start construction of Phase II as soon as construction of Phase I is complete.   e.    Consider approval of a Professional Services Agreement with Horrocks for the 400 South Pedestrian Underpass Project.        BACKGROUND and RECOMMENDATION:  The 400 South Pedestrian Underpass Project is a local government contract with UDOT and the City. It will provide a connection for pedestrians and bicyclists at 400 South under I-15. UDOT, the City, DSU, and the Dixie MPO are participating in the funding for the project. UDOT will administer the design contract. Note that the City's portion of the overall project is 600k, DSU's portion is 600k, Dixie MPO's portion is 600k, and UDOT's portion is 1.2M. A federal aid agreement has already been approved and executed for the funding.   f.     Consider awarding a Professional Services Contract to Civil Science, Inc for the River Road; Riverside Drive to 1450 South project.        BACKGROUND and RECOMMENDATION:  This contract is for design services including ROW mapping, environmental, traffic modeling, and structural and geotechnical design for the project. The contract does not include construction management services. The City's portion of this contract is $47,239 (6.77%). The contract is administered by the UDOT but requires the Mayor's signature for approval.  Recommend approval.   3.            Public hearing to take public comment before formally adopting the Fiscal Year 2018-2019 Budget.   BACKGROUND and RECOMMENDATION:  The City's Preliminary Fiscal Year 2018-19 Budget was presented on May 3, 2018 after which a copy has been made available on the City's website and at the City Recorder's Office.  State Law requires the City to have at least one public hearing before formally adopting the City's final annual fiscal budget, and also requires the budget be adopted on or before June 22nd. We will have two public hearings to take citizen input. The second hearing will be on June 21, 2018.  No action is needed during the June 7, 2018 public hearing. Official action to adopt the 2018-19 Budget will be requested during the June 21, 2018 public hearing.   4.            Public hearing to review and take public comment regarding non-reciprocal transfers for unbilled utility services from the Electric and Water Funds to other City Funds.             BACKGROUND and RECOMMENDATION:  Review of water and power services provided at no charge to City facilities, such as parks, wells & pump stations. Costs are built into ...


City Council Meeting Agenda Agenda 06/07/2018:
... updates its Drainage Master Plan about every ten years and the Impact Fee Facilities Plan every five years. Bowen Collins and Associates completed the previous study.  Recommend approval.  Among other things, it will provide an updated Capital Facilities Plan, Impact Fee Facilities Plan, and address drainage issues in several high growth areas within the City.   c.    Consider approval of a Professional Services Agreement with Applied Geotechnical Engineering Consultants (AGEC) for the materials testing of the Wastewater Treatment Plant (WWTP) Expansion Phase I and the groundwater well monitoring at the WWTP.        BACKGROUND and RECOMMENDATION:  The WWTP Expansion Phase I is under construction.  This Professional Services Agreement is for the compaction and materials (concrete, steel, masonry) testing of the project.   Also, the City is required to monitor the groundwater at the WWTP for petroleum products leaked from a fuel tank in the past.  This PSA included the monitoring of the existing groundwater monitoring wells and the addition of another monitoring well, with all of the documentation and reporting required by the State.  Recommend approval.   d.    Consider approval of a Professional Services Agreement with Bowen, Collins, and Associates for the Preliminary Engineering Design of the WWTP Phase II Expansion Project.        BACKGROUND and RECOMMENDATION:  Construction of the WWTP Phase I Expansion Project is underway.  The project is expected to take 20 months to complete.  This phase of the project upgrades the Influent Headworks (incoming) portion of the plant, as well as the UV Disinfection (outgoing) portion of the plant.  The WWTP Expansion Phase II will upgrade and expand the main treatment portion of the plant.  Design of this portion of the expansion is expected to take about 12-14 moths.  Our intent is to design Phase II and be able to start construction of Phase II as soon as construction of Phase I is complete.   e.    Consider approval of a Professional Services Agreement with Horrocks for the 400 South Pedestrian Underpass Project.        BACKGROUND and RECOMMENDATION:  The 400 South Pedestrian Underpass Project is a local government contract with UDOT and the City. It will provide a connection for pedestrians and bicyclists at 400 South under I-15. UDOT, the City, DSU, and the Dixie MPO are participating in the funding for the project. UDOT will administer the design contract. Note that the City's portion of the overall project is 600k, DSU's portion is 600k, Dixie MPO's portion is 600k, and UDOT's portion is 1.2M. A federal aid agreement has already been approved and executed for the funding.   f.     Consider awarding a Professional Services Contract to Civil Science, Inc for the River Road; Riverside Drive to 1450 South project.        BACKGROUND and RECOMMENDATION:  This contract is for design services including ROW mapping, environmental, traffic modeling, and structural and geotechnical design for the project. The contract does not include construction management services. The City's portion of this contract is $47,239 (6.77%). The contract is administered by the UDOT but requires the Mayor's signature for approval.  Recommend approval.   3.            Public hearing to take public comment before formally adopting the Fiscal Year 2018-2019 Budget.   BACKGROUND and RECOMMENDATION:  The City's Preliminary Fiscal Year 2018-19 Budget was presented on May 3, 2018 after which a copy has been made available on the City's website and at the City Recorder's Office.  State Law requires the City to have at least one public hearing before formally adopting the City's final annual fiscal budget, and also requires the budget be adopted on or before June 22nd. We will have two public hearings to take citizen input. The second hearing will be on June 21, 2018.  No action is needed during the June 7, 2018 public hearing. Official action to adopt the 2018-19 Budget will be requested during the June 21, 2018 public hearing.   4.            Public hearing to review and take public comment regarding non-reciprocal transfers for unbilled utility services from the Electric and Water Funds to other City Funds.             BACKGROUND and RECOMMENDATION:  Review of water and power services provided at no charge to City facilities, such as parks, wells & pump stations. Costs are built into ...


Planning Commission Minutes 07/08/2008:
...uncil Member Shakespeare said the biggest concern is the not amount of the facilities you will have there but it is the adjacent neighbors. Bob Bergren said the neighbors are in favor of this project.Commissioner Taylor said the big issue is whether this in harmony with Child Care Center. There are many reasons in which it isn’t but it does open up other possibilities of other types of treatment centers coming and requesting to be in residential areas. Commissioner Taylor said he feels they need to look at this not as a school but look at it for what it really is which is a treatment center. He believes this need’s to be referred to City Council. Assistant City Attorney Joseph Farnsworth stated this is a matter solely for Planning Commission to decide; it does not get referred to City Council.MOTION: Commissioner Taylor made a motion to recommend that he does not believe it is in harmony with Child Nursery and he moves that this item should go to City Council and have them decide how this should be incorporated into the City. Commissioner Burks seconded the motion. DISCUSSION ON THE MOTIONPlanner Ray Snyder said determine use stops at Planning Commission does not go to City Council. Acting Chairman Bracken said that is what he is trying to say in his motion that this needs to be heard at City Council level to see if they want to amend the ordinance to allow this use. Ray said this would come back before Planning Commission as an amendment to the City ordinance. The motion will stay as stated. All voted aye.CONDITIONAL USE PERMITConsider a request for a conditional use permit to establish and operate an agricultural / equestrian themed day treatment program for both adolescents and adults. The adolescent program would primarily be M-F 8:00 am to 4:00 pm and a maximum number of 15 youth (target class size is 10). The adult classes would be M-F 4:30 pm PLANNING COMMISSIONJuly 8, 2008Page Sixto 8:00 pm and a maximum number of 15 (target class size is 10). Some Saturdays are possible for both programs. A city business and a state license is required. The applicant is Mr. Robert Bergren. The zoning is RE 37.5 (Single Family Residential 37,500 square foot minimum). The property is located at 1054 North 1100 West. Case No. 2008-CUP-014MOTION: Commissioner Taylor made a motion to recommend denial due to the fact that the Determined Use on this agenda did not pass. Commission Burks seconded the motion. All voted aye.GENERAL PLAN AMENDMENTS – PUBLIC HEARINGS (5:00 P.M.)A. Consider an amendment to the City General Plan Land Use Map. The current land use is OS (Open Space) and FP (Flood Plain) and it is requested to change to MDR (Medium Density Residential). The area encompasses approximately 25 acres. The applicant is Mr. Rick Wood and Mr. Rich Lewis. The project is “Palomar Subdivision.” Mr. Jared Poulson is the representative. The site is generally located on the south side of Riverside Drive at approximately 1900 East and the property overlooks the Virgin River. Case No. 2008-GPA-003Planner Ray Snyder said this request is to amend the General Plan Land Use map to change the land use designation from Open Space and Flood Plain to Medium Density Residential on 24.66 acres. Ray pointed out that Open Space is normally intended for property within the 100-year flood plain. This property is not within the 100-year floodplain due to its elevation above the Virgin River. Ray reported the Palomar subdivision was originally approved by the City for seventy-six (76) single family lots under the R-1-8 zone. The applicant feels that due to the changing market conditions and the demand for the aging-in-place communities, they are requesting a General Plan amendment for Medium Density Residential allowing up to 9 dwelling units per acre and an associated zone change for Planned Development. Ray spoke on their proposed project. This is an assisted living facility in a non-institutional setting. This community would offer a secure place to live while providing the independence that is not available in an institutional setting. A management team would offer maintenance of the property, security, meals and activities. The project would consist of eight (8) duplex units, nineteen (19) triplex units, fourteen (14) four-plex units and two (2) forty-eight (48) unit condominiums equally a density of nine dwelling units per acre.Ray said staff comments are as follows;PLANNING COMMISSIONJuly 8, 2008Page Seven1. The General Plan land use map is a guide for zoning decisions and zoning requests which are not consistent with the General Plan require a General Plan amendment prior to considering the zoning request.2. The General Plan review is a chance to see how the subject property fits into the overall area and see what potential ripple effects would be from altering the proposed land use. We take a “macro-view” of the request rather than the “micro- view” typical of zoning requests.3. The vicinity north of the subject property has a considerable amount of high density housing, either existing or planned and approved. Those projects include; Rebel Creek Apts (student housing with 108 units and 648 total beds; The Falls at Mesa Point Apts with 198 units, Nettas Knoll planned condos with 173 units, Villa de Colina Condos with 156 units and vacant R-3 property next to the Rebel Creek Apts. This equals 635 apt or condo units just to the north of the subject property. The existing and approved housing projects in the general vicinity raises the issue of whether the area has enough higher density housing projects. If the General Plan amendment is approved, a Traffic Impact Study (TIS) will be required prior to any zone change.Commissioner Taylor asked if there was an updated FEMA flood plain map to date. He felt it was important to see if this Open Space and Flood Plain. Assistant City Engineer Jay Sandberg said the land is not in the flood plain it rises up. There is no evidence of any flooding. Jared Poulsen the representative for the applicants said the property is currently zoned the R-1-8. The property is plotted for single-family homes on 8,000 sq. ft. of land. They decided a high density end would do better for this parcel. This is an independent living process not an assisted living facility. There will be no medicine or medical facilities on this site. The design will be a mansion style which means it will be design to look as a single-family home. He said the project sits 40 ft. above the flood plain. There are some low density zone but they are across the highway and on top of a ridge. They have design the layout as a cluster design which will allow for more open space. Currently there are 8,000 trips that are created on Riverside Drive. The independent living residents will not have a great need to travel. They would be happy to provide demonstration that this will not be a great impact on traffic for Riverside Drive.Gary Pierce the owner of the property felt this would be a great asset to the community. He feels it is a great program. Richard Sailander is a retired long-term care instructor. He said he will be in charge of this development. He spoke on the nursing homes and assisted living facilities and their PLANNING COMMISSIONJuly 8, 2008Page Eight uses. He said from the 25 units they are proposing they currently have 28 people on a waiting list. They will receive one meal a day. At that meal, staff could identify any problems with the residents. The age they are looking at is between 60-90 years of age. He felt traffic will not be much of an issue because they will have the facilities that they may need to come to the complex instead of the residen...


Planning Commission Minutes 09/26/2006:
...n. Jan replied the people with children generally were more interested in facilities for their children. Those activities that are City sponsored is what those families enjoy such as “First Night”. She said children programs came out well supported on the survey. Commissioner Burks asked if the developer would get any credit for the amount of recreation area they give to the City for their development. Jan replied that is an issue that will be discussed at City Council level.Commissioner Burks asked what household size number are they using to base the amount of recreation area for new developments? Jan replied 2.81 persons per household is being used. CONSENT ITEMS - FINAL PLATSA. Consider approval of a final plat for Stone Valley Estates Amended with 23 single-family lots located at 2780 East and 1200 South. Quality Development, representative. Case No. 2006-FPA-087Removed from the agenda.B. Consider approval of a final plat for Oasis at Middleton with 3 single-family lots located at 1800 East north of Middleton Drive. LeAnn Walters, applicant. Case No. 2006-FP-074MOTION: Commissioner Taylor made a motion to recommend to City Council approval of a final plat for Oasis at Middleton with 3 single-family lots located at 1800 East north of Middleton Drive, LeAnn Walters, applicant and authorize Chairman to sign. Commissioner Burks seconded the motion. All voted aye.C. Consider approval of a final plat for Escalera Phase 3 with 50 single-family lots located at 1900 East north of Middleton Drive. Brandon Anderson, Rosenberg & Associates, representative. Case No. 2006-FP-101MOTION: Commissioner Burks made a motion to recommend to City Council approval of a final plat for Escalera Phase 3 with 50 single-family lots located at 1900 East north of Middleton Drive, Brandon Anderson, Rosenberg & Associates, representative, and authorize Chairman to sign. Commissioner Taylor seconded the motion. All voted aye.PLANNING COMMISSIONSeptember 26, 2006Page ThreePRELIMINARY PLATSA. Consider a preliminary plat request for Meadow Valley Phase 8 with 4 dwelling units located at north Meadow Valley Phase 5 between 2350 East and Little Valley Road. Quality Development, representative. Case No. 2006-PP-047Jay Sandberg City Engineer stated that this subdivision has been on the agenda for Planning Commission before. They are considering 4 additional lots to this subdivision. The reason the 4 lots have been left out in the past is due to a need to construct a 72" pipe in the area that is now the irrigation tail water ditch. They have now worked out an agreement between Washington County Conversancy District, the City of St. George, and the developer to construct the irrigation area. Jay said there is a 25 foot wide trail and access right-of-way between Franklin Place Phase 2 and this subdivision for the irrigation pipe, sewer, and another irrigation line, and a trail. Staff has been concerned from early on in this subdivision with the number of lots proposed in relation to the area available for the tail water ditch/pipe. The 25 ft. right-of-way easement was originally proposed to be 30 ft., and is now 25 ft. and the irrigation pipe is very close to the lots. The lot that fronts Little Valley Road will need to have a 30 ft. setback.Commissioner Taylor asked about the frontage for lot 801. Jay said they have the bare minimum for the frontage on that lot which is 80 ft. MOTION: Commissioner Taylor made a motion to recommend to City Council approval of a preliminary plat request for Meadow Valley Phase 8 with 4 dwelling units located at north Meadow Valley Phase 5 between 2350 East and Little Valley Road, Quality Development, representative, requiring that there be a 25 ft wide trail right-of-way between Franklin Place Phase 2 and this subdivision for irrigation pipe to another irrigation line. Commissioner Bracken seconded the motion. All voted aye.B. Consider a preliminary plat request for “The Ledges” Phase 10 with 31 single-family residences located on the westerly side of the Ledges Development, south of Phase 6 and east of Phase 5. Randy Deschamps, applicant. Case No. 2006-PP-040Jay Sandberg City Engineer said this is a portion of the development that was approved for private streets. This design is for walk-out basements. Lots 101-107 to face the golf course which will require them to be back 150 ft from the center-line of the fairway to the lot. A minimum 150' center-line curve radius is required on Basalt Drive. PLANNING COMMISSIONSeptember 26, 2006Page FourMOTION: Commissioner Burks made a motion to recommend to City Council approval of a preliminary plat request for “The Ledges” Phase 10 with 31 single-family residences located on the westerly side of the Ledges Development, south of Phase 6 and east of Phase 5. Randy Deschamps, applicant and recommend staff’s comments. Commissioner Nobis seconded the motion. All voted aye.C. Consider a preliminary plat request for Southgate Townhomes with 65 units located at 2025 South Circle, south of the Atria Assisted Living and east of Mirage Estates and is adjacent to and west of I-15. Rob Reid, Rosenberg & Associates, representative. Case No. 2006-PP-042Jay Sandberg City Engineer said the concerns staff has is the driveways which have been positioned for the best sight distance possible. An analysis has been completed by Rosenberg & Associates. The units back-up to I-15 and there could be some discussion about appearance. The maximum height proposed is 2-1/2 stores and/or 35 ft. in height.Rob Reid with Rosenberg & Associates said they have been sensitive to the slope issues. Commissioner Taylor asked what the site will look like from the freeway side. Rob presented color renderings of the townhomes from the freeway. Commissioner Campbell asked what are the retaining walls made of? Rob said a 4x4 geneva block wall which will be colored as well. The street tree requirements will be met and there will be lawn and bushes. Chairman Almquist asked about the dog-ear wall on the end. Rob replied it will only be dog-ear on the west corner of the subdivision. Commissioner Burks asked how high are the power lines? Rob remarked anywhere from 20-40 ft. Commissioner Campbell asked if there will be any landscaping in front of the walls? Rob said no. Commissioner Campbell asked how far is their block wall away from the State’s chain-link fence along the freeway. Rob answered about 4 ft.MOTION: Commissioner Campbell made a motion to recommend to City Council approval of a preliminary plat request for Southgate Townhomes with 65 units located at 2025 South Circle, south of the Atria Assisted Living and east of Mirage Estates and is adjacent to and west of I-15, Rob Reid, Rosenberg & Associates, representative, subject to staff’s commentsPLANNING COMMISSIONSeptember 26, 2006Page Fiveand make sure the height is 35 ft and the concrete block wall along the I-15 has a maximum height of 8 ft. and landscaping between the interstate fence and the project’s block wall at intervals to break up the look of the block wall. The landscaping quantity’s shown on the elevation are also adhered to since there is not a site plan that is shown exactly. The exterior renderings should represent quantity’s both on horizontal plan and vertical plans. Commissioner Hullinger seconded the motion. All voted aye.D. Consider a preliminary plat request for Kachina Springs East Phase 3 with 85 units located along the easterly side of Snow Canyon Parkway in the southeasterly portion of the Entrada Planned Development. Brett Henke, Viewpoint Engineering, representative. Case No. 2006-PP-007Jay Sandberg City Engineer said they may want to look at these next two preliminary plat’s as they are across the street from each other. Chairman Almquist read Item E into the record.Jay said this subdivision required a Traffic Impact Study. Through this study it was asked for a right turn deceleration lane on Snow Canyon Parkway and existing round-about that will need modification. Pads 121 through 157 will become walkout basements. Jay said on Kachina Cliffs they want to make sure that the roads have the 10 ft. cut for clearance and site view that is being required from staff. MOTION: Commissioner Burks made a motion to recommend to City Council approval of a preliminary plat request for Kachina Springs East Phase 3 with 85 units located along the easterly side of Snow Canyon Parkway in the southeasterly portion of the Entrada Planned Development, Brett Henke, Viewpoint Engineering, representative and apply with staff’s recommendations. Commissioner Bracken seconded the motion. All voted aye.E. Consider a preliminary plat request for Kachina Cliffs Phase 3 with 26 single-family residences along the easterly side of Snow Canyon Parkway in the southeasterly portion of the Entrada Planned Development east of Kachina Springs East Phase 3. Brett Henke, Viewpoint Engineering, representative. Case No. 2006-PP-044MOTION: Commissioner Burks made a motion to recommend to City Council approval of a preliminary plat request for Kachina Cliffs Phase 3 with 26 single-family residences along the easterly side of Snow Canyon Parkway in the southeasterly portion of the Entrada Planned Development east of Kachina Springs East Phase 3, Brett Henke, Viewpoint Engineering, representative, and recommend staff recommendations be complied with. Commissioner Bracken seconded the motion. All voted aye.PLANNING COMMISSIONSeptember 26, 2006Page SixF. Consider a preliminary plat request for The Cliffs of Snow Canyon Plat M with 1 single-family residence located between lots 206 and 207 of The Cliffs of Snow Canyon Plat H. Ryan Cowley, representative. Case No. 2006-PP-044This item was removed from the agenda. Public hearing items for 5:00 p.m. will now be heard.PLANNED DEVELOPMENT AMENDMENT - PUBLIC HEARING (5:00)Consider a request to amend the previously approved PD (Planned Development) for “The Ledges.” The PD is for single-family lots, 18 hole golf course, church site, a fire substation, spa site, and commercial center. The amendments include relocation of the round-about, changes in parks (public and private), reduced number of units, road layout changes, commercial site location change, and the west side would be a gated community, and the east side would be a public community. The subject area is located at SR-18, south of Winchester Hills. The applicant is Ledges Partners, and the representative is Mr. Randy Deschamps. Case No. 2006-ZCA-017Bob Nicholson Community Development Director reported on an amendment to an approved development zone. Bob explained that when there are changes to a PD request then it is required to come before the Planning Commission. There are no changes in the boundary of the PD plat. The actually number of dwelling units have decreased, they have dropped about 300 housing units from their development. The round-about has shifted about 1,200 ft. to the south. There are some changes in the parks. There are about 6 new parks plus a natural area which features the red rock area. The commercial location has changed. The area for commercial has been reduced and relocated to the northern part of the subdivision. Bob said the buffer that was originally approved along Winchester Hills and the JEL Ranch remains the same. There is a 100 ft. open space buffer along those subdivisions. Randy Deschamps the developer said they have met with the City’s Fire Marshall and the Fire Marshall feels the location of the new fire station is appropriate. Commissioner Nobis asked the reasoning for moving the commercial area? Randy replied when they had it on the southern portion of their project they planned on an access but when the access went away then it did not make sense to have the commercial site there. That is when they decided to move the location. Randy said there is not much need for a commercial site. The area for one of the commercial sites will be for professional office. The other area they have reserved for one level office area. He doesn’t plan on doing any retail commercial sites. PLANNING COMMISSIONSeptember 26, 2006Page SevenCommissioner Taylor said it would be a nice concept to have a neighborhood convenience store for the area. Randy said if in the future that is a need they would be open to that. Commissioner Campbell felt it would be better to identify an area now for a convenience store before the project is almost finished. Randy said he could do that at any time. Commissioner Nobis asked if they have talked to any of the Winchester Hills residents about the commercial site being moved closer to them? Randy said he has talked to a few. Their main concerns were what type of use would be there and what would it aesthetically look like from their view. Randy addressed the public parks vs. the private parks. He said most of the park settings will be on the east side of the project are public. MOTION: Commissioner Taylor made a motion to recommend to City Council approval of a request to amend the previously approved PD (Planned Development) for “The Ledges.” The PD is for single-family lots, 18 hole golf course, church site, a fire substation, spa site, and commercial center. The amendments include relocation of the round-about, changes in parks (public and private), reduced number of units, road layout changes, commercial site location change, and the west side would be a gated community, and the east side would be a public community. The subject area is located at SR-18, south of Winchester Hills. The applicant is Ledges Partners, and the representative is Mr. Randy Deschamps. Commissioner Bracken seconded the motion. All voted aye.GENERAL PLAN AMENDMENT - PUBLIC HEARING (5:00)Consider approval of an amendment to the City General Plan for the addition of an “Airport Vicinity Land Use Plan” for the proposed replacement airport. Case No. 2006-GPA-007Bob Nicholson Community Development Director introduced Sheila Thomas who is representing the task force for this airport plan. Sheila Thomas said they actually began the Planning Task Force study in August 2004. She said the Task Force specifically identified the following points as the priority factors in shaping the Airport. 1) land use and development standards based on safety, 2) acknowledgment of existing General Plans and entitlements, 3) an Airport Supporting Business District with unified design standards and 4) extended vicinity to be an extension of the surrounding communities. The goal is to have a long-term plan for the airport. There is an area by the airport that will be designated as Mixed Use Commercial for hotels, motels, eating facilities, etc. She pointed out the proposed land use map. PLANNING COMMISSIONSeptember 26, 2006Page EightSheila asked the Planning Commission to approve this land use plan as shown. Commissioner Taylor asked about Washington City’s activity on their portion of the new airport. Sheila said Jim McQuire and others went through the potential layout of their area would and they revised their previous plans to accommodate the airport area plan. Council Member Bunker asked about the Airport Supporting Business Park. Sheila said the Supporting Business Park is more of a industrial area such as Ft. Pierce. Chairman Almquist asked about the runway and not having different directions of runways. Sheila said this has been configured because of the wind directions for this area. It has been so there could be a second runway. Chairman Almquist asked where is the line between airport business park and industrial area. Tyler Hoskins, representing landowners proposed changing the line between the industrial and the supporting business park. Bob Nicholson said this is a general plan amendment and there is no line set in stone. Specific boundaries occur when the zoning is approved for the area. Sheila Thomas said Washington and St. George will not want high density next to the airport. The Task Force felt it was a reasonable area for the industrial park. She feels they are not burdening any of the local residents of the area. Commissioner Taylor said as developers come in they will want a roadway from the Southern Corridor. MOTION: Commissioner Burks made a motion to recommend to City Council approval of an amendment to the City General Plan for the addition of an “Airport Vicinity Land Use Plan” for the proposed replacement airport. Commissioner Bracken seconded the motion. All voted aye.C. Consider approval of proposed amendments to Chapter 13D of the City of St. George Code, Title 10 Zoning Regulations regarding the establishment of Airport Vicinity Zones and land uses for such zones. City of St. George, applicant. Case No. 2006-ZRA-012Sheila Thomas made a presentation regarding zoning regulations for properties surrounding the proposed replacement airport. Planning Commission members discussed the proposed list of permitted and conditional uses.PLANNING COMMISSIONSeptember 26, 2006Page NineMOTION: Commissioner Campbell made a motion to recommend to City Council approval of a proposed amendment to Chapter 13D of the City of St. George Code, Title 10 Zoning Regulations regarding the establishment of Airport Vicinity Zones and land uses for such zones. City of St. George, applicant. Commissioner Burks seconded the motion. All voted aye.Chairman Almquist stated to the Planning Commissioners that in making motions, it was not necessary to read the entire item again into the motion. He said simply refer to it as Item 9A. That means it stands alone 100% as read initially and that you are not changing it whatsoever except to include staff comments. ZONE CHANGE - PUBLIC HEARING (5:00)A. Consider a zone change request from A-1 (Agricultural) to RE-12.5 (Residential Estate 12,500 sq. ft. minimum lot size) on 0.50 acres located on 2800 South Street. Mr. Jeff Hughes, applicant. Case No. 2006-ZC-001Planner Ray Snyder presented the staff report and identified the subject property. The property is currently zoned A-1 Agricultural and the applicant is requesting a RE-12.5. The applicant hopes to be able to build a home on the site in the future once the zoning is changed. Access issues were discussed. Ray felt there were two issues the board may want to be involved in tonight; 1) is the zone change, and 2) site access. Ray stated that the proposed lot is not large enough to be in the A-1 zone. The property is not a flag lot. It is proposed that a 25 ft. right-of-way easement will serve for access in lieu of a staff portion. The zone change would be consistent with the General Plan. The lot is contiguous to other RE-12.5 on the north and south sides.Commissioner Taylor asked if an easement serve legally the same as a right-of-way? Deputy City Attorney Paula Houston described the difference and explained that an access agreement would serve the desired purpose. Deputy City Attorney Paula Houston stated she has not seen an access agreement to date.Ray indicated the applicant had just handed him the legal description of the property and ingress/egress for that property.Bruce Knutson representing the applicant, Mr. Hughes said the Howards have granted an access easement with ingress/egress. Chairman Almquist asked if it is already being used? Bruce replied it is and has been for years.PLANNING COMMISSIONSeptember 26, 2006Page TenKelly Bringhurst a resident questioned why the lot could not remain the zone it currently is which is A-1. She is opposed to this zone change. Bob Nicholson explained that illegal subdivisions of lots take place frequently although it is contrary to zoning. Another option would be to join the property with another to create a larger lot. Often illegal subdivision are not recognized until someone tries to record them.The applicant indicated that their intent was to build a home on the lot. The surrounding neighbors had offered their support.MOTION: Commissioner Nobis made a motion to recommend to City Council approval of a zone change request from A-1 (Agricultural) to RE-12.5 (Residential Estate 12,500 sq. ft. minimum lot size) on 0.50 acres located on 2800 South Street., Mr. Jeff Hughes, applicant, with staff’s comments. Commissioner Taylor seconded the motion. All voted aye. B. Consider a zone change request from R-1-10 (Single Family Residential 10,000 sq. ft. minimum lot size) to PD (Planned Development) for Las Colinas (formerly the Willows) (Note: a name change will be required to avoid confusion with existing Villa de Colina); on 52 acres located south of Pioneer Road (adjacent to Calvary Church). SCH Properties, applicant, Mr. Steve Wilson, Gilson Engineering, representative. Case No. 2006-ZCA-018 Planner Ray Snyder presented the staff report and stated that the request was to implement the PD zone for the area shown in red on the map. The area was originally known as the River Park Subdivision. There had been problems with name selection. The name has since changed to Las Colinas. The proposal was to develop 193 residential lots ranging in size from 5,000 square feet to more than 15,000 square feet. Mike Christensen, of Gilson Engineering, was present representing the applicants. He noted that a park was planned. They had worked closely with the St. George Sewer District on sewer issues. Trail issues were discussed. Lot configuration issues were discussed. Significant topographical constraints on the site were identified by Mr. Christensen. The intent was to put two lots onto one flag lot to help solve the problems. The proposed park location was identified which would be near open space. Trail connectivity issues were discussed. The trail would be taken behind the Calvary Chapel and then tied in from there. PLANNING COMMISSIONSeptember 26, 2006Page ElevenTraffic Engineer, Rick Snyder reported that deceleration lanes were recommended near both entrances. There has been a traffic impact study completed and there are just some minor recommendations from that. Chairman Almquist remarked that the matter was amended as a discussion item only. He expected to discuss the matter again in more detail in the future. G. Consider a preliminary plat for a one building commercial condominium plat (Pad A). Located at approximately 162 North, 400 East (north of Café Rio). Mr. Dan Gifford, representative. Case No. 2006-PP-048 Jay Sandberg City Engineer presented the staff report and stated that the request was for preliminary plat approval for a one building commercial condominium plat. The Planning Commission approved the plat with the stipulation that pads C and D are eliminated. The City Council approved the subdivision subject to a determination from the City Attorney that a preliminary plat was not needed. The City Attorney determined that a preliminary plat should have been required. This plat has eliminated pads B-D, and only includes Pad A which has already been constructed.MOTION: Commissioner Bracken made a motion to recommend to City Council approval of a preliminary plat for a one building commercial condominium plat (Pad A). Located at approximately 162 North, 400 East (north of Café Rio). Mr. Dan Gifford, representative. Commissioner Hullinger seconded the motion. All voted aye. CONDITIONAL USE PERMITSA. Consider a request for a conditional use permit for Dixie Escalante Rural Electric Association (Dixie REA) and the City of St. George Energy Services Department to approve a “Master Plan Electrical Transmission System” for the City of St. George to meet the projected future electrical needs of the community. The request is City wide and involves various zones. Mr. Russell Condie, Dixie REA, representative, and Mr. Phil Solomon and Mr. Rick Hansen, SG City Energy Services, representatives. CaseNo. 2006-CUP-023Planner Ray Snyder presented the staff report and stated that the applicants had a Power Point presentation they hoped to make tonight. Ray stated that options 2, 3, and 4 contained in the staff report were eliminated. PLANNING COMMISSIONSeptember 26, 2006Page TwelvePhillip Solomon, Energy Services Department Director, reported that providing energy to the community must be done in the most efficient manner possible. If they do not plan together with Dixie Escalante there could be a duplication of lines. In the past there had been little cooperation. That attitude, however, has changed and they had tried to become more customer service oriented. They have put forth a great deal of effort and met to try and reach the best possible solution to try and address the Commission’s concerns. He remarked that Dixie Escalante’s presentation would focus on concerns along the freeway. He stressed that the master plan would be strictly adhered to.Russell Condie, Engineering Technician for Dixie Escalante, stated that calculations supported the proposed location of the lines. The three facility categories were presented. Decision criteria were reviewed. Four options were considered for routing the 1.5 miles in question. Preferred Option #1 was presented. The total anticipated cost would be $600,000. Option #2 was presented. Mr. Condie reported that they looked at the physical issues involved in that option. He stressed the pressing need to get the overhead distribution line up and running. Option #2 was eliminated and the reasons behind that decision were specified. The estimated cost would have been $960,000 for that option.Option #3 was presented. This would have required the transmission line to go through critical habitat areas. Mr. Condie remarked that this option would not have been supported by the BLM.Option #4 was presented. Potential problems with that option were discussed. The estimated cost of pursuing Option #4 was $9,450,000. Other potential challenges were identified.Chairman Almquist compared the overhead lines in Option #1 and #2. Mr. Condie explained that an overhead line would need to be continued in order to feed the substations along the route. The biggest obstacle would require a span which would require poles in the wash. It was clarified that one set of poles would be used with a distribution circuit on the same pole. Cost and splice reliability issues were discussed. It was noted that the technology was improving but was not where it should be. Commissioner Campbell observed that the design criteria included nothing about aesthetics. He asked that there be more of a balance. Mr. Condie responded that they looked at building additional lines versus combining into one structure. Mr. Solomon pointed out that they did their best to address aesthetics. They tried to keep it as compact as possible while still keeping within the parameters they were provided with. Commissioner Campbell hadn’t realized that the transmission lines would run down either side of the road. The Commission’s impression was that the lines would run only along one side. PLANNING COMMISSIONSeptember 26, 2006Page ThirteenSubstation locations were identified on the master plan map. Commissioner Nobis questioned why the developer on the south end was not part of the financial equation. Mr. Condie responded that impact fees would help pay the costs of the transmission lines. Commissioner Nobis was under the impression that the line on the west side would be totally eliminated. Mr. Condie explained that all of the express feeders would be overhead. They needed to maintain the overhead feeder and it was not his intent to be contradictory. After looking at all of the alternatives, the best option was chosen. Commissioner Campbell asked about the appearance of the poles. Mr. Condie stated core ten steel was proposed would be the color of wood poles. Aesthetic options were discussed. The bottom of the pole was expected to be three to four feet at the base. Mr. Solomon stated power poles were the cost of growth. Because of demand and growth, poles would have to be steel. Commissioner Taylor understood there were environmental impacts to be considered. He felt what was proposed was the most desirable. His preference was Option #1. It was least expensive and most efficient. Commissioner Taylor called for a question.MOTION: Commissioner Burks made a motion to recommend to City Council approval of a request for a conditional use permit for Dixie Escalante Rural Electric Association (Dixie REA) and the City of St. George Energy Services Department to approve a “Master Plan Electrical Transmission System” for the City of St. George to meet the projected future electrical needs of the community. The request is City wide and involves various zones. Mr. Russell Condie, Dixie REA, representative, and Mr. Phil Solomon and Mr. Rick Hansen, SG City Energy Services, representatives, with recommendation of approval of Option 1. Commissioner Nobis seconded the motion.DISCUSSION ON THE MOTIONCommissioner Taylor felt that they should recommend the pole color blend in with the color of the surrounding. Mr. Condie said so the City is not mislead in the future. They will bring the City a selection of colors and a power point and let the Planning Commission or City Council choose. All voted aye. PLANNING COMMISSIONSeptember 26, 2006Page FourteenB. Consider a request for a conditional use permit from Ence Homes/Pathway Holdings of Utah L.C., applicant, Premier Design, representative, to construct a retail center that exceeds the maximum allowable building height of thirty-five feet (35') without a conditional use permit. A portion of the building would be approximately forty feet (40') high and the majority of the building would be thirty feet (30') high. The project is “Rio Plaza Commercial” and consists of the construction of three (3) buildings. The property is on 3.13 acres (136,453 sq. ft.) and is zoned C-3 (General Commercial). Mr. Tim Fry and Mr. Eric McFadden, representatives. Case No. 2006-CUP-027Planner Ray Snyder presented the staff report and displayed colored renderings. He remarked that a portion of the roof would exceed 35 feet. Staff recommended approval with the following conditions. 1) The building shall not exceed a maximum peak height of approximately forty feet (40'-0") for a portion of the building with the majority of the building heights being only thirty feet (30'-0") high.2) The applicant shall meet the conditions of the traffic report approved by the City Traffic Engineer which are as follows; a. The development shall design and construct an eastbound right-turn deceleration lane on Riverside Drive to access Rio Plaza’s entrance, per City of St. George specifications. b. Provide a cross access to the commercial neighbor to the south to enhance circulation. c. According to the analysis for the Rio Plaza driveway, exiting left turns in the future may need to be prevented to maintain progression on Riverside Drive. d. Assure that there is adequate sight distance at the driveway for vehicles to enter 40-mph Riverside Drive. e. All signing and striping shall conform to City of St. George and MUTCD standards.The applicant reviewed the proposed building materials which would include stucco, stone, corrugated metal, cultured stone, and slate tile. Railings would consist of painted metal. While colors would be vibrant, they would be somewhat subdued. MOTION: Commissioner Taylor made a motion to recommend to City Council approval of a request for a conditional use permit from Ence Homes/Pathway Holdings of Utah L.C., applicant, Premier Design, representative, to construct a retail center that exceeds themaximum allowable building height of thirty-five feet (35') without a conditional use permit. A portion of the building would be approximately forty feet (40') high and the majority of the building would be thirty feet (30') high. The project is “Rio Plaza Commercial” and consists of the construction of three (3) buildings. The property is on 3.13 acres (136,453 sq. ft.) and is zoned C-3 (General Commercial). Mr. Tim Fry and Mr. Eric McFadden, representatives, subject to the conditions recommended by the staff. Commissioner Nobis seconded the motion. All voted aye.PLANNING COMMISSIONSeptember 26, 2006Page FifteenBob Nicholson introduced John Willis and Clayton Lucas as new staff members for the Planning and Zoning Department. HILLSIDE DEVELOPMENT PERMITSA. Consider a request for a hillside development permit for a proposed three story office building (GMAC) to be located at the 382 South Bluff Street. Owners are Mr. Neil Gibbs and Mr. Doug McKnight, Mr. William McMurrin, MESA Engineering, representative. Case No. 2006-HS-011Bob Nicholson Community Development Director reported that the above matter was before the Planning Commission a few months earlier. The Hillside Board visited the site the last week and recommended conditions which were reviewed. The construction technique will be unique since the wall would be bolted directly into the hillside. Bob Nicholson reported that the Hillside Board recommended approval of the request based on the following conditions; 1) no disturbance of hillside above the limits of the building itself, 2) a portion of the building rear’s wall shall be constructed to be minimum of 12 inches thick and shall be a minimum of 5 ft. above grade to provide a rock fall area, 3) the extended wall design shall be included into the design plans, 4) drainage shall be designed to convey drainage and seepage water from behind the concrete wall, and 5) a temporary orange at construction limit fencing shall be installed during the construction activities. Commissioner Burks asked where construction workers would park during construction? Parking and staging issues were recognized as an issue with regard to the project. City Traffic Engineer Rick Snyder suggested contacting Mr. Snow at UDOT to install protective barricades. Otherwise, he did not recommend parking in the area. Chairman Almquist stressed the significance of the structure which could perhaps alleviate some of the scarring associated with building on a hillside. MOTION: Commissioner Hullinger made a motion to recommend to City Council approval of a request for a hillside development permit for a proposed three story office building (GMAC) to be located at the 382 South Bluff Street. Owners are Mr. Neil Gibbs and Mr. Doug McKnight, Mr. William McMurrin, MESA Engineering, representative, Commissioner Bracken seconded the motion. All voted aye. B. Consider a request for a hillside development permit for proposed grading on the east side of the proposed Milepost 2/Atkinville interchange. SITLA (State Institutional Trust Lands Administration), applicant. Case No. 2006-HS-012PLANNING COMMISSIONSeptember 26, 2006Page SixteenBob Nicholson, Community Development Director presented the staff report. The request was to obtain a hillside development permit for excavation work around the proposed Milepost 2. The hillside area is located on the east side of the proposed interchange. A maximum 10-foot cut was allowed beyond the two hills. A nearby limestone quarry was identified. Ray Snyder said the limestone in the quarry is approximately 20 ft. deep therefore cutting there could be potentially there that deep. A quarry should be reviewed after submittal of grading plans. The Hillside Review Board decided to leave it up to staff and they would not get a grading permit until staff was satisfied. The Hillside Review Board made a motion to approve as presented with the following conditions;1) Permission is granted to remove hills #1 & #2 as presented (these hills are located within the hillside overlay zone).2) Permission is granted to remove hills #3 & #4 as presented (these hills are outside of the hillside overlay zone).3) In addition to the removal of hills #1 & #2 any cuts over ten feet (10') shall require a grading plan and additional review by the Hillside Review Board. 4) A temporary orange construction limit fencing shall be installed during all construction activities.Commissioner Campbell recognized that some hillsides are more significant than others and asked if the hillside proposed for removal was determined to be insignificant. Curt Gordon of SITLA responded by saying if it were removed, another larger one could be seen behind it. He did not believe it would be missed. Chairman Almquist remarked that it was determined on site that hills one and two were not significant. In response to a question raised by Commissioner Burks, Mr. Gordon stated that the areas excavated would be treated to look finished. MOTION: Commissioner Taylor made a motion to recommend to City Council approval of a request for a hillside development permit for proposed grading on the east side of the proposed Milepost 2/Atkinville interchange. SITLA (State Institutional Trust Lands Administration), applicant, Commissioner Campbell seconded the motion. All voted aye. PLANNING COMMISSIONSeptember 26, 2006Page SeventeenC. Consider a request for a hillside development permit for a proposed Marriott Hotel and office building on Lot 7 at the Rim Rock Commercial Subdivision, and adjoining parcel to the south (East Blackridge/east of the Target store). Mr. Kevin Ence, applicant. Case No. 2006-HS-014Bob Nicholson presented the staff report and stated that the City proposed a land exchange with Kevin Ence in order to acquire property in the Dixie Downs area to construct a new neighborhood park. The Hillside Board recommended that the provisions of the previous Hillside ordinance be adhered to. Various slope areas were identified on the site map. The Hillside Board also recommended that the existing wall on the site continue on. Lower tiers would be precast Geneva block while the upper tiers would be of natural rock. The Hillside Review Board made a motion to approve as presented with the following conditions;1. The applicant shall comply with all provisions of the previous hillside ordinance that were in effect when this project was commenced (e.g., slope and disturbance).2. The wall may start from the point of the previously approved stacked rock wall. The wall shall be stacked concrete blocks (Geneva block) on the bottom tiers with a layer of natural rock on the top tier.3. The concrete block and natural rock shall be stained to match the natural volcanic rock (as was done on the previously installed stacked rock wall).4. Small ravines on the west side of the property may be removed as incidental and not a part of the hillside. MOTION: Commissioner Taylor made a motion to recommend to City Council approval of a request for a hillside development permit for a proposed Marriott Hotel and office building on Lot 7 at the Rim Rock Commercial Subdivision, and adjoining parcel to the south (East Blackridge/east of the Target store), Mr. Kevin Ence, applicant, and include staff comments and Hillside Board recommendations. Commissioner Burks seconded the motion. All voted aye. DETERMINE USEDetermine whether a small salsa production facility inside of a retail store in the C-4 zone is similar to other permitted uses and is in harmony with the intent of the zone. The applicant is O’D-Von Studio and O’D-Vine Foods, and the representative is Mr. Bruce O’Donnal. Case No. 2006-DU-007PLANNING COMMISSIONSeptember 26, 2006Page EighteenBob Nicholson, Director of Community Development said Salsa Preparation is not listed as a permitted use in a C-4 zone. This is where it states in the ordinance that “other uses similar to the above and judged by the Planning commission to be in harmony with the intent and purpose of the zone.” Staff supports the production of salsa as a component to a retail store in the C-4 zone to be in harmony with the zone because Section 10-10-2 lists similar food preparation (bakery, candy manufacture). The production does not involve cooking or odors.MOTION: Commissioner Burks made a motion to recommended approval of a small salsa production facility inside of a retail store in the C-4 zone is similar to other permitted uses and is in harmony with the intent of the zone. The applicant is O’D-Von Studio and O’D-Vine Foods, and the representative is Mr. Bruce O’Donnal. Commissioner Taylor seconded the motion. All voted aye. AMENDMENT TO ZONING REGULATIONS - PUBLIC HEARING (5:00)A. Consider approval of allowing “High Density Residential” in certain commercial zones (C2, C3, & C4) as a conditional use permit. Proposed amendments to the City of St. George Code, Title 10 Zoning Regulations, Chapter 10 “Commercial Zones”, Section 10-10-3 “Conditional Uses”. City of St. George, applicant. Case No. 2006-ZRA-010Bob Nicholson presented the staff report and recommended approval subject to the conditions contained in the staff report. Residential units in the C-2, C-3 and C-4 zones subject to the following conditions;1. Property must have frontage on a collector or arterial street.2. The residential units must be all new construction and not conversion of existing buildings.3. Twenty percent of the private lot area must be in landscape open space.4. Maximum building height shall not exceed 4 stories above sidewalk grade.5. Parking shall meet the requirements of Chapter 19, however units designed for only single occupancy may have a parking requirement of 1.5 spaces per unit.6. The subject property must be within one-half mile to many of the daily needs of residents such as groceries, medical offices, stores, restaurants, and related facilities and services.7. Project density is flexible and will be determined by the City Council upon recommendation from Planning Commission. Density will be based on such factors as building design, traffic capacity, and overall compatibility with the surrounding neighborhood.8. The subject property must be a minimum of one thousand feet (1,000') away from any single-family residential zone.PLANNING COMMISSIONSeptember 26, 2006Page Nineteen9. A management plan for the operation of residential complex shall be submitted to the Planning Commission and City Council for their review.10. Building design drawings and colored site plan shall be submitted for approval to the Planning Commission and City Council. Buildings should have varied roof lines and varied wall planes which include balconies, decks, and other features which provide visual interest to the building. A building materials board showing the exterior building materials and colors shall be submitted along with the site plan for approval by the City Council. Building elevations shall be shown for all four sides of every building.It was noted that currently residential zones are not allowed in commercial zones. It was believed that higher density residential development in certain commercial core areas can help provide affordable housing and revitalize commercial areas. Commissioner Campbell asked what could be done to prevent additional residential treatment centers. Bob Nicholson responded that all units must be new construction. Deputy City Attorney Paula Houston stated that provisions could be added prohibiting schools and residential treatment facilities. Commissioner Taylor wanted assurances that the facility would ...


PUBLIC NOTICE Public Notice 06/27/2014:
NOTICE OF INTENT TO ADOPT IMPACT FEE FACILITIES PLANS AND AN IMPACT FEE ORDINANCE FOR CULINARY WATER, WASTEWATER, STORM WATER, TRANSPORTATION, POWER, FIRE/EMS, POLICE, AND PARKS & RECREATION AND NOTICE OF PUBLIC HEARING City of St. George NOTICE is hereby given that the City of St. George intends to adopt Impact Fee Facilities Plans and to enact impact fees for culinary water, wastewater, storm water, transportation, power, fire/EMS, police, and parks & recreation and will hold a Public Hearing at 5:30pm, or as soon thereafter as feasible, on July 10, 2014 in the St. George City Offices, Council Chambers, located at 175 E. 200 N. St. George, Utah. The purpose of the Public Hearing is to receive input and consider approval and adoption of the proposed Impact Fee Facilities Plans and the Impact Fee Ordinance for St. George. All interested persons shall be given the opportunity to be heard. Written concerns are welcome. Copies of the Impact Fee Facilities Plans, Impact Fee Analyses, and the Impact Fee Ordinance are ava...


City Council Minutes 04/19/2001:
... Council that every year staff must do a self assessment of the Wastewater facilities for the State. In a letter from the State they indicate that the reason for this self assessment is to help the Wastewater staff find problems and fix them before they become too costly. He told Council Members that the Wastewater plant and collections systems are in good condition. Council Member Allen commended the Wastewater Lab for receiving the WEAU "Lab of the Year" award and the Collections staff for receiving the WEAU "Safety" award. Council Member Gardner indicated that Pine Valley uses our laboratory facilities for culinary water testing and they are very pleased with the efficiency of the operation as well as the fact that it saves them time and transportation costs. Council Member Allen made a motion to accept the Annual Wastewater Self-Assessment and authorize Mayor McArthur to sign the resolution as presented. Council Member Gardner seconded the motion and it passed unanimously as follows: Council Member Allen Aye Council Member Isom Aye Council Member Gardner Aye Council Member Orton Aye Council Member Whatcott Aye BID OPENING Mayor McArthur told Council Members that this is an amendment to the agenda and asked Phil Soloman, Assistant Director of Water and Power, to present the bid. Mr. Soloman asked that Council approve a bid for supplies to complete the wells in Gunlock. The apparent low bidder is Plumber’s Supply at $255,408. Mayor McArthur asked if this expansion will accommodate future as well as present needs. Mr. Soloman indicated it will take care of present needs and some future needs, but we will need to do some expansion. Council Member Isom made a motion to approve a bid to Plumber’s Supply in the amount of $255,408 for supplies to complete the wells in Gunlock. Council Member Orton seconded and the motion passed unanimously as follows: Council Member Allen Aye Council Member Isom Aye Council Member Gardner Aye Council Member Orton Aye Council Member Whatcott Aye St. George City Council Minutes April 19, 2001 Page Three STAFF REPORT Planning Commission Report Bob Nicholson, Planning and Zoning Director, reported on the meeting of the Planning Commission, held April 10, 2001. He asked the City Council to consider setting a public hearing date of May 17 2001, to hear the following items: 1. A request for an amendment to the General Plan Land Use Map designation from Medium Density Residential and Commercial to Commercial and Open Space designation for commercial development along Riverside Drive and for Parks, Trails, Water Sports and a Dinosaur Park along the river located between Mall Drive and 2450 East on the South Side of Riverside Drive. Paul Jensen, applicant. 2. A request for an amendment to the Road Master Plan to remove a portion of 2060 East Street to accommodate a new Washington County School District Intermediate School. Washington County School District, applicant. 3. A request for a zone change from R-1-10 Single Family Residential to PD Planned Development Residential for a townhome development on 5.23 acres of property located south of Riverside Drive on 2450 East Street, Tim Izatt, applicant. 4. A request to amend a portion of a PD Planned Development on 0.5 acres for Phase III of Canyon View at Laurelwood located at 100 North Valley View Drive. Bob Bergren, applicant. Council Member Gardner made a motion that public hearings be set to hear the above-outlined items, on May 17, 2001 at 5:00 p.m. Council Member Allen seconded and the motion passed unanimously as follows: Council Member Allen Aye Council Member Isom Aye Council Member Gardner Aye Council Member Orton Aye Council Member Whatcott Aye Preliminary Plat Mr. Nicholson asked that the Council consider approval of a preliminary plat for a townhome development with 8 units located at 800 North 2720 East. The proposed development is on lot 3 of the Pine View Commercial Subdivision and is zoned R-3. Paul Cieslewicz, applicant. Council Member Whatcott made a motion to approve the preliminary plat for a townhome development in an R-3 zone with 8 units located at 800 North 2720 on lot 3 of the Pine View Commercial Subdivision, Paul Cieslewicz, applicant. Council Member Isom seconded and the motion passed unanimously as follows: Council Member Allen Aye Council Member Isom Aye Council Member Gardner Aye Council Member Orton Aye Council Member Whatcott Aye Final Plats Mr. Nicholson presented the following final plats for Council approval: 1. Preliminary and final plats for an existing building located at 37 West 1070 South. Southtown Professional Plaza. Lonnie Clove, applicant. Although this is an existing building, the owner would like to file a professional condominium plat for four office units. Council Member Whatcott made a motion to approve both the preliminary and final plats for an existing building located at 37 West 1070 South, Southtown Professional Plaza, Lonnie Clove, applicant, and authorize the Mayor to sign the final plat. St. George City Council Minutes April 19, 2001 Page Four Council Member Orton seconded and the motion passed unanimously as follows: Council Member Allen Aye Council Member Isom Aye Council Member Gardner Aye Council Member Orton Aye Council Member Whatcott Aye 2. The Cliffs at Snow Canyon Plat "C" with 30 single family lots located north of Entrada on Snow Canyon Parkway. Randy Deschamps, applicant. Council Members questioned whether this was the subdivision that they did not know how the road would tie in with the SITLA property next to it. Mr. Nicholson indicated the problem had been solved. Council Member Gardner made a motion to approve the final plat for the Cliffs at Snow Canyon, Plat "C," with 30 single family lots located north of Entrada on Snow Canyon Parkway. Randy Deschamps, applicant, and authorize the Mayor to sign the final plat. Council Member Isom seconded and the motion passed unanimously as follows: Council Member Allen Aye Council Member Isom Aye Council Member Gardner Aye Council Member Orton Aye Council Member Whatcott Aye 3. Park Central Townhomes with 10 units located at 559 East 300 South on 4.34 acres, Kevin Ence, applicant. This is an infill project in the center of the block. Council Member Orton made a motion to approve the final plat of Park Central Townhomes with 10 units located at 559 East 300 South on 4.34 acres, Kevin Ence, applicant, and authorize the Mayor to sign the final plat. Council Member Isom seconded and the motion passed unanimously as follows: Council Member Allen Aye Council Member Isom Aye Council Member Gardner Aye Council Member Orton Aye Council Member Whatcott Aye 4. Pine Brook Subdivision, Phase I with 17 single family lots located at 530 South Indian Hills Drive. The applicant is also requesting that the City maintain the landscape strip along Indian Hills Drive beginning in two years. The Planning Commission recommends approval of the plat and also for the landscape maintenance request subject to complying with the City’s standards and criteria set by the Leisure Service Department including inspection during installation. Cary Blake, applicant. Council Members questioned the landscape maintenance agreement. Council Member Gardner thought the City had agreed to maintain landscaping only along major arterials. Council Member Orton was concerned that the City does not take on more work than it has staff to accommodate. Council Member Allen questioned if there were standards for the landscaping. Jonathan Wright, City Attorney, felt that the applicant should form some kind of association to be responsible for the landscaping even if it is not a formal Home Owners Association. The overall feeling seemed to be that the Council wanted to be careful what kind of precedent they set in this area. Council Members asked it they could approve the plat without the landscaping note and ask staff to recommend guidelines for turning planting strips over to the City. Mr. Wright told them they could. St. George City Council Minutes April 19, 2001 Page Five Mr. Blake told Council Members that he had planned to deed that strip of property to the City along with several adjacent acres for a park. The Council expressed appreciation for the donation, but still felt they would like to have staff recommendations before agreeing to his request. Council Member Isom made a motion to approve the final plat of Pine Brook Subdivision, Phase I, with 17 single family lots located at 530 South Indian Hills Drive and authorize the Mayor sign the plat without the landscape maintenance agreement. Council Member Whatcott seconded and the motion passed unanimously as follows: Council Member Allen Aye Council Member Isom Aye Council Member Gardner Aye Council Member Orton Aye Council Member Whatcott Aye 5. Anasazi Hills at Entrada, Phase III, with 8 single family lots on 2000 North and Anasazi Trail, Marc Brown agent. Mr. Nicholson told Council Members that there were no problems with the plat and that the Planning Commission had recommended approval. Council Member Isom made a motion to approve the final plat for Anasazi Hills at Entrada, Phase III, with 8 single family lots on 2000 North and Anasazi Trail, and authorize the Mayor to sign it. Marc Brown agent. Council Member Gardner seconded and the motion passed unanimously as follows: Council Member Allen Aye Council Member Isom Aye Council Member Gardner Aye Council Member Orton Aye Council Member Whatcott Aye Conditional Use Permit - Crisis Respite Nursery Bob Nicholson asked that the Council consider a request for a Conditional Use Permit for a daycare center, crisis respite nursery and shelter for children under age 11 at 514 West 500 North. Diane Tarbox, representing Family Support Center of Washington County, applicant. He indicated that the Planning Commission had debated this issue for 45 minutes and had decided they could approve it for eight children overnight and up to 16 during the day. The building in question has been a daycare center for at least 16 years, with up to 40 children, but the Planning Commission felt that in order to be sensitive to the neighborhood and to alleviate possible parking problems, this would be a workable plan. Ms. Tarbox distributed a summary sheet with information regarding the nursery and told Council Members that she feels comfortable with the number of children approved by the Planning Commission. She further told Council that the County has been operating the crisis nursery at 561 East Tabernacle for over 7 years and have not had any problems or complaints from the neighbors, and, in fact, felt they had been an asset to the community. The reason they would like to move the operation is lack of space for both children and staff. Council Member Gardner was surprised the nursery had been in operation so long. He remembered the original discussions and the concerns of the neighbors. He stated that he has never heard a complaint about the operation either. Council Members asked if this is a temporary or permanent care facility. She said it is temporary. They can keep the children for several weeks, if necessary, while an abuse case is in court, but generally they are there less than 72 hours. Council Member Isom made a motion to approve a request for a Conditional Use Permit for a daycare center, crisis respite nursery and shelter for children under age 11 at 514 West 500 North, St. George City Council Minutes April 19, 2001 Page Six caring for eight children overnight and up to 16 during the day. Diane Tarbox, representing Family Support Center of Washington County, applicant. Council Member Allen seconded and the motion passed unanimously as follows: Council Member Allen Aye Council Member Isom Aye Council Member Gardner Aye Council Member Orton Aye Council Member Whatcott Aye Conditional Use Permit - Exotic Bird Breeding Facility Bob Nicholson asked that Council consider requests for Conditional Use Permits for up to 400 pairs of exotic birds for breeding and raising within a fully enclosed facility at 3311 East 2170 South. Tom Brinkerhoff, applicant, and 250 pairs of exotic birds for breeding and raising within a fully enclosed facility at 3313 East 2170 South, Drew Ferweda, applicant. As the two facilities are on adjacent properties, it was decided to consider these issues together. Gary Kuhlmann, representing the applicants, showed an exhibit of pictures of the facilities. Council Member Isom asked if there had been any complaints fro...


City Council Minutes 08/01/2002:
...ble with the applicant. The only concern is the representation of the two facilities with regard to improvements. He advised the City can't commit to any improvements other than minor repair work that would bring the facilities up to code. He indicated that perhaps in the future there will be funds for additional improvements, but at this time there are no funds for improvements other than those required to bring the facility up to health code specifications. Council Member Orton asked what hours the concessions will be open. Dave Terry indicated the general snack bar/concessionaire agreement that was used in the past will be fine tuned and used for this situation. It states any hours the course is open and has players the snack bar is to be open. He indicated the concessionaire may have all their staff on the golf course if it is feasible for the situation. Council Member Allen commented that many of the improvements listed are things that need to be done like oven repair, fire suppression system and asked if those things will be repaired. Dave Terry explained those types of repairs have to done to meet health codes and will be made. He explained that Fairway Catering needs to understand some of the improvements listed may be made in the future and the City can't commit to a time frame. Council Member Gardner commented that if the issue of improvements concerns the applicant, they are free to back out of the agreement. Wayne Sittre with Fairway Catering commented that he understands the agreement stipulates that the facilities will be up to code, as his company does not want to be in a position of bringing the facilities up to code. As far as other design changes, he realizes those w...


City Council Minutes 05/21/2002:
...e. He explained the cities of Santa Clara and Ivins each paid 7% to build facilities. The first year the City of St. George paid for all the maintenance. The second year Ivins paid for their portion of the maintenance and Santa Clara City paid ? of the amount due for their share of the maintenance. Currently Santa Clara City owes $19,000 in maintenance fees. In discussions with Santa Clara City, their staff indicated the rates for the Aquatic Center should be raised. That was done last year and attendance dropped. The rates are as high as the market will bear. In the letter sent, Mr. Esplin gave Santa Clara City the option to charge their citizens $2 more per person to cover the maintenance fees. City Manager Esplin discussed SHAC CO/Gen plant project and explained it is in the Power Department budget for the upcoming year, but it is uncertain if it will be done. The group discussed what the fees recreation currently charged cover. They pay for the cost of the operations not for staff salary and benefits. The SHAC is like the parks and the regular swimming pool; certain facilities don't pay for themselves but are an important part of the community. City Manager Esplin continued with the explanation of revenues. There are no changes in irrigation and cemetery fees. The court fines are up a little bit. Other revenues are from First Night, the Marathon and the Arts Festival. He noted interest income is down significantly. The transfers from other funds are charges made to other enterprise funds to cover costs of operations, collecting, billing and overhead. The total amount of revenue is projected to be $27,000,030. He cautioned the City Council not to spend the projected 2% increase in sales tax revenue until we have a better idea whether those increase will actually occur. Mayor McArthur commented the basic difference between 2002 and 2003 FY is the way the airport fund is handled. City Manger Esplin agreed. He reviewed expenses and provided an overview of General Government expenditures. There is no real change in General Government other than one new person in Administrative Services. A new position of a Webmaster is going to be created. He explained currently staff is trying to keep the web page up with 2 part time people. The proposal is to hire a full time Webmaster and eliminate the two part time positions. Mayor McArthur commented the web page is a necessary part of doing business. Council Member Orton asked if there have comments from citizens? City Manager Esplin indicated that citizens and City employees have commented on the web page and that it doesn't function well. He estimates the salary of the Webmaster will be about $40,000. Mayor McArthur asked if that Webmaster would be involved in developing a way for people to follow status of the permits online? City Manager Esplin explained the Building Department would get the program operating and the Webmaster would get the program working on the web page. He indicated the web page could be expanded and utilized more effectively if there was a Webmaster on staff. He explained there is nothing new in the Finance, Legal Services or City Buildings budgets. The integration of new Dixie Center people is new. The Building Maintenance department has asked for a couple of people for help in maintaining the buildings, however, he thinks some of the employees at the Dixie Center can help with that. Due to airport safety issues the Public Safety Department has hired 2 new people. It is anticipated about 6 months worth of federal funds will help with those costs. There will be overtime funds in budget to cover all of the shifts required for security. In 6 months the federal government will take over the security operations at the airport and the 2 new employees will be integrated into the police department. He explained the Drug Task Force received some monies through Senator Bennett's office. The Police Dispatch is a new account. All of the dispatch finances have been removed from the police budget and will now be billed off of the dispatch account. This is so the other entities will be able to review the account information if they choose to. City Manager Esplin explained the Fire Department asked for 8 new full time people to staff a new fire house on the west side of town and 20 new volunteers for various stations. He indicated he approved1 new fulltime position and 15 new volunteers. He told the Chief as long as there are people willing to volunteer; the City needs to let them because it keeps the community spirit going. The new fulltime position will be an Administrative Captain in charge of training. He explained the ride along program, which pays for volunteers to fill in for sifts when the full time personnel is short, has been very successful. Council Member Orton asked if there are adequate numbers of people on the volunteer list waiting line. Does the City maintain its fire rating status with this approach? City Manger Esplin indicated the insurance fire rating status has gone down, which is good. The department does get deductions on some things, such as not having the amount of ladder trucks recommended. He explained the only station that has a problem is the downtown one. There are no residences in that area so there are only 2 or 3 people that respond from that station. Council Member Orton asked if that is taken into consideration when adding volunteers? City Manager Esplin indicated it is. There are approximately 10 volunteers for each station. Mayor McArthur indicated there is a bill in the legislature to make anything that happens health wise after a fireman retires considered as work related. All incidents would fall under workers compensation, which could significantly affect workers compensation. City Manager Esplin explained those involved in the fire business have established a standard mandating the number of people in the vehicle before it can respond to a call. If the vehicle leaves and there is a problem, that standard will be used if it goes to court. He indicated the City has bypassed the regulation in the past because the fire department is part volunteer. The fire unions are primarily the group behind this issue because of job security. The fire department is proposing a new building in the Dixie Downs area and a new fire truck. Part of the new building will be a communications center. It will be a shell that won't be equipped right now. This would be a back up communications facility. Council Member Whatcott noted the personnel number in the Community Development Department went down. He asked if that is because Joe Empy has not been replaced? City Manager Esplin indicated it is an error as the position is being advertised at this time. The airport manager in the past has been part of the Community Development budget. The new airport manager will be part of the Public Works Department. The new airport manager will be on board June 3, 2002. He is from Cody Wyoming, has a degree in aeronautics from Denver and worked at the Denver Airport for a while. Jack Jeppson, the current manager, has been told he will move back into the building inspector position. Mr. Jeppson didn't meet the minimums requirements established for the position. Council Member Allen asked about the status Shanna Buehler. City Manger Esplin indicated Ms. Buehler has done a really good job. However, her husband is in bad health and she needs care for him. The City would like to keep her, so the department is considering hiring 2 part time people do fill in while Ms. Buehler's husband is ill so she can return to her job at a later date. City Manger Esplin explained the only new position in the Public Works Department is the new airport manager, which is now a full time position in that department. He is hoping the new airport manager will be able to take over some of the work done by the consultant. That would reduce consulting costs, which are about $240 per hour. The federal government is paying 90% of the consultant's fees, but Mr. Bullock has been told that the consultant should be used less. City Manager Esplin indicated in the Leisure Services Department budget there are 2 new positions for the Parks Department. The City has taken on several new parks and trails that have necessitated the need for the new positions. Parks Superintendent Scott has documented the cost to maintain common landscape areas on 66' wide streets at $9,000 per lot for 50 years of maintenance. Mr. Esplin suggested homeowner associations maintain right of ways as the City can't afford the maintenance costs. A new division called the Marathon has been created to better determine the cost of running the event. Council Member Allen suggested getting a volunteer program going to maintain the landscape areas on the 66' wide streets. It may turn into something competitive which will keep the landscaping looking very good. Mayor McArthur asked if the City has refinanced everything possible at the lower rates. City Manager Esplin indicated everything but the golf course debt has been refinanced. The golf course debt refinancing would result in approximately $15,000 annual savings on a $4 million note. The short-term interest rates are good, but long-term rates are not as low. The group discussed the golf course debt, the payment and note amounts as well as when the notes would be paid in full. City Manager Esplin reviewed the enterprise funds. The Water Department has a $42 million dollar budget; revenues are primarily from $30million in bond proceeds. The capital improvement projects are new wells, a regional pipeline from the Sand Hollow Reservoir, and a pipeline in the Snow Canyon well field to handle the additional wells that have been developed in the last couple of years. Also planned is the development of the Tolman wells and additional storage tanks. Council Member Whatcott asked about the status of the regional Sand Hollow pipeline as far as support from the other communities. City Manager Esplin explained the City of Ivins is committed to the project; he is not sure how strong the commitment is from Santa Clara City, as they haven't come up with any funds. The project is scheduled to be under construction this winter. Council Member Gardner commented the arsenic regulations are taking a different flavor, he doesn't think the nation understands the impact of this ruling. He indicated the Tolman wells have almost no arsenic. City Manager Esplin explained the staff has estimated the cost to treat the water for arsenic is .65 per 1000 gallons using current technology. He explained the request for an additional person in the Water Department. The position is for an engineer as suggested in the strategic plan done by RW Beck and the Water and Power Department staff. Superintendent Kell has done a good job and has worked well with rest of departments. The new engineer position would assist in planning and will work with Superintends Kell and Childers. Council Member Gardner commented that one thing that came to light with the Kemp Study is that on Phillip Solomon's level, there is a need some more help. City Manger Esplin commented that especially as the City goes forward with managing water additional staff might be needed. He explained the Waste Water Department is also requesting an additional position for a new operator. This is primarily a result of taking over maintenance of private systems in Planned Development Communities. Council Member Allen asked what cost there is for these systems. City Manager Esplin indicated it is about $30,000. He also explained there is a lot of employee turn over in that department, the operators go to other departments within the City because of the market and the way it is set up. The Waste Water employees are at the lower end of the pay scale. The group discussed when wages are reviewed and data collected from other cities. The market adjustments were discussed as was the timing of pay raises and benefits packages. City Manager Esplin indicated the health insurance premiums have been put out to bid and there will be 14.68% increase for this year. He is suggesting the City pick up 10% and employees pick up 4.68% of the increase. He also explained that over all utilization of health insurance is low, about 75% to 79% and there is still an increase. He is not sure what can be done; the national scene says it will be jumping in double digits for the next few years. City Manager Esplin reviewed the Power Department budget. The department has asked for 2 new people, a Computer System Administrator (CSA) and a Resource Coordinator. These 2 positions are recommended in the strategic plan. He is not recommending hiring them currently. He discussed the changes in Power Generation Superintendent position. The position has been advertised as an Operations Engineer. Regarding the CSA, a City wide analysis is being done. Mark Mortensen has been asked to review this situation. The group discussed the problems with decentralization of the computer system administration responsibilities as well as striving for uniformity with regard to software. Council Member Allen asked if there a possibility the police department will be on the same system as the rest of the City. City Manager Esplin explained that the nature of the police department system and how the department has to handle reporting prohibits it. He explained there has been discussion as to whether the patrolman that maintains the system should be a patrolman or a computer person. The group discussed the financial reporting with regard to the power department. It was noted the purchases from UAMPS is significant, particularly at this time of year. It was discussed that when the monthly financials are prepared Phil Peterson has to estimate the UAMPS bill because it does not arrive until the third week of the following month. City Manger Esplin indicated the Power Department is trying to sell what any power purchased on long term contracts that are more than what is needed to meet demand. Council Member Orton commented the demand and resources should be reviewed and projections made monthly. He asked if the council is in a position to change rates quickly. City Manger Esplin explained that hopefully revenues and expenses will level out over the year, he doesn't want to lower the rate in the spring and then raise it again in the summer when the demand is higher and power purchases are required. Council Member Gardner commented that there is a very fine relationship between purchasing and pricing. Raising rates doesn't always solve the problem. He also indicated the effect of the UAMPS billing cycle on the monthly financials has been an ongoing discussion of the Water and Power Board. He indicated it is an issue that the board and the staff have not been able to get on top of. City Manager Esplin reviewed the budget for the golf courses. The department had a great April and a steady May. Long term the golf course strategy is simple, the goal is to try and hold the system together until 2008. After 2008, the bonds will be paid and the golf courses should do better. The estimate is to have about $600,000 - $700,000 extra in the golf fund once the debt is paid. He explained Dave Terry has some ideas about pricing scenarios and trying to maximize funds. For 9 months of year there is ample space on the course. He commented consideration of what the market will bear with pricing has to be taken into account when setting green fees. He indicated it's not really what everyone thinks it is as far as making money in golf business. Council Member Orton commented that the positive effect the golf courses have for economics in community is immeasurable. City Manager Esplin indicated the more golf courses of quality for the winter season the better. But they have to be marketed and Dave Terry is working with other courses to market them better. Council Member Whatcott commented that an article in Salt Lake Tribune newspaper indicated the number of golfers is stable while the number of courses has grown across the country. The marketers say the number of golfers hasn't increased because of prices and there are no public courses being built anymore. City Manger Esplin pointed out that golf courses are part of the economic development. He said Dave Terry has pointed out the golf courses have a significant affect on the economy. He also commented that the Dixie Center is subsidized because of economic impact it has on community and the same could be true for the golf courses. Although he is not suggesting they be subsidized indefinitely, but the impact on community economics has to be considered. He explained a grant of about $17,000 in federal funds has been awarded to teach children how to play golf. City Manager Esplin explained the building authority covers the debt services at Sunbrook Golf Course, the Police Building and the Opera House. He explained the Waste Water Treatment Department is looking at $2.3 million in costs for the first portion of the reuse plant. Currently, the department is trying to figure out what to do with all the water from the wastewater plant. They would like to put in Gunlock mix it and send it down the Santa Clara River. However, there is some question of people's willingness to ski and swim in reuse water. There has to be a place to store some of that water. Putting it in Gunlock will not be a permanent solution as 6 out of 10 year's excess water is spilled over at the Gunlock Reservoir. There is a site out by Ivins and Santa Clara cities. There is not enough capacity in golf course ponds to store the water. The group discussed how water would get to the storage facilities and possible storage facilities. Also discussed was the right of Ivins and Santa Clara cities t...


City Council Minutes 09/02/1999:
...This agreement will allow the City to breach the dike and provide drainage facilities that will take the water to the Santa Clara River and protect the Tonaquint Cemetery that is being built. Mr. Traveller has agreed to allow those improvements to go on his property on a temporary basis. The City is anticipating doing a rough grading and then when he develops he will put in the permanent drainage structure. This agreement allow us to go forward and protect our investment in the Cemetery, as explained by the City Manager. Motion for approval of the license agreement with Mr. Traveller for the drainage improvements by Councilmember Larry Gardner and seconded by Councilmember Robert Whatcott. All voted aye, motion carried. Consider a request for approval of a special event permit for October 23, 1999 at Worthen Park. Scott Taylor - President/CEO Samaritan Marketing, applicant. Samaritan Marketing is dedicated to helping small businesses, and is currently working with132 business organizations. This event would be a community party at the park, stage entertainment, games, and special events for kids and adults. 11:00 a.m. thru 9:00 p.m. There will be food sold, businesses will have booths and will sell their products, and will comply with City sales tax regulations. There will be between 30 to 50 businesses supporting this and donating. There is no profit, all money taken in will be used for advertising of the event. The Mayor questioned if the businesses participating have to be a member of this organization to be involved and if there is charge to be a member of this organization. There is a charge of $160.00 per year to be members. Samaritan Marketing is asking each business to donate $100.00 toward this event. It is for Samaritan Business owners only. There will be demos, and selling by the businesses The main purpose is not to sell products but to bring an awareness of the businesses in the community. The question by all the Council members was ? Should the City facilities that are supported by the taxpayers be afforded the use by commercial operations?? Deputy City Attorney Ron Read has authorization to grant special event permits where they have outdoor music and activities, but because of the nature of this request and our understanding of the policy of the City before , not to allow utilization of the park for commercial uses determined that he would not make that determination but allow City Council to hear it and render it?s decision on whether or not to issue this special event permit. Suggestions for alternate areas that could be used for this kind of event by the City Council were the Dixie Center, or school areas. Councilmember Robert Whatcott likes the concept of the event but feels that this situation is like the height limitation that Council is currently studying, and that is once they say yes, we have no right to say no to anybody else and literally our park becomes a park filled with commercial activity week in and week out instead of being a public park for people to enjoy. It becomes a place to advertise and is no longer a public park and he is concerned about setting that precedent. Motion for denial was made by Councilmember Suzanne Allen and seconded by Councilmember Sharon Isom. All voted aye, motion carried. Consider a proposal for food concessions at City events. Mr. Tim Tabor, applicant. This would be a mobile concessions trailer that could be moved to many of the facilities, such as Bluff St. Park and Bloomington Park where events and recreational activities are held. The ability to service alternate locations is a benefit to Leisure Services and to the participants. With the portable unit there will be no cost to the City or Leisure Services for City Council Minutes September 2, 1999 Page Six building maintenance or up keep. The portable unit is the total responsibility of the owner. The ability to take the trailer home helps with the problem of security. The trailer to be used is a 4 x 8 trailer that was built to be used as a concessions trailer. All food is prepackaged, so there will be no preparation facilities in the trailer. The trailer may be run with a generator or elec...


City Council Minutes 08/17/2006:
...l Member Allen inquired if the homes would have access to the recreational facilities of Green Valley. Mr. Snyder replied that he believed they would. MOTION: A motion was made by Council Member Gardner to approve the site plan and building elevations. SECOND: The motion was seconded by Council Member Bunker. VOTE: Mayor Pro Tem Whatcott called for a vote, and all voted aye. The motion carried. HILLSIDE DEVELOPMENT PERMIT: Community Development Director Bob Nicholson advised that the Planning Commission, at its meeting held August 8, 2006, recommended approval of a hillside development permit for The Trails located at 4200 North east of State Highway 18. The Hillside Review Board also recommended approval with the addition of a note on the final plat to address the engineering of drainage and to add that the ?no build? zones will be managed by HOA guidelines, and when receiving title, and added to the CC&Rs. Mr. Nicholson explained that the City Council recently approved this large PD. MOTION: A motion was made by Council Member Gardner to approve the hillside development permit. SECOND: The motion was seconded by Council Member Allen. VOTE: Mayor Pro Tem Whatcott called for a vote, and all voted aye. The motion carried. Mr. Nicholson commented that the preliminary drainage study looked good and was approved by the Hillside Review Board. The preliminary plat will be coming before the City Council shortly for review, and once it is approved, the applicant will begin work on detailed construction drawings, and this is when drainage issues have to be resolved. HILLSIDE DEVELOPMENT PERMIT: Community Development Director Bob Nicholson advised that the Hillside Review Board and Planning Commission recommended approval of the hillside development permit for Kachina Cliffs at Entrada Phase 3 subject to an acknowledgment that the old ordinance applies in this particular situation and there will be rock fall mitigation, particularly on Lot 65, and that orange perimeter fence be installed to control limits of disturbance. Council Member Allen inquired if the no disturb area would be deeded to the landowners. Mr. Nicholson replies that much of the no disturb areas are within the private lots areas. City Manager Gary Esplin advised that a fence would be required to show the no disturbance area. MOTION: A motion was made by Council Member Orton to approve the hillside development permit with the stipulations of the Planning Commission and Hillside Review Board. SECOND: The motion was seconded by Council Member Bunker. VOTE: Mayor Pro Tem Whatcott called for a vote, and all voted aye. The motion carried. HILLSIDE DEVELOPMENT PERMIT: Community Development Director Bob Nicholson explained that a hillside development permit is needed to realign River Road to the east and extend it through a portion of the White Dome gypsum formation. SITLA is the applicant. Certain areas will be set aside as plant preserves. The purpose of the realignment is to keep truck traffic out of a future neighborhood area and line up with the proposed interchange locations along the southern corridor. The Hillside Review Board recommends approval with fencing in the preserve area to mitigate and protect it, with review by City engineering to ensure they support the design and related mitigation as the best method for the site. The Planning Commission also recommends approval. Curt Gordon, applicant, explained that if River Road is left where it currently is located and becomes a four lane road, there will be a lot of truck traffic going through neighborhoods. An agreement was reached to set aside 800 acres as a preserve for plants. SITLA is currently working to buy a right-of-way connection to the current River Road and will build the connection as soon as it is required. Preserve areas will be fenced off and an area provided so that people can recreate in a more controlled fashion. This area has not yet been defined. There will be areas for hiking and non-motorized use, some study and research areas. They are trying to find an area for ATVs also. Council Member Gardner commented that this area is a major facility and literally hundreds of people go there to recreate, and is an appropriate place for that. There needs to be a specific area in the plan for motor cycles, ATVs and those who like to do those types of things as they have been outlawed just about everywhere else in the St. George City Council Minutes August 17, 2006 Page Six area. The area in question is one of the few places that makes sense to allow this kind of use and it should be in the plan. Mr. Gordon replied that the concern now is with shooting as it is uncontrolled, and there are people on ATVs and others shooting at the same time. Council Member Orton inquired if staff had any concerns with the request. City Manager Gary Esplin replied that staff did not have any concerns. MOTION: A motion was made by Council Member Orton to approve the hillside development permit. SECOND: The motion was seconded by Council Member Allen. Council Member Gardner inquired how flexible the boundary areas were, as the area now used extensively by ATVs is designated for hiking only. Mr. Gordon replied that the boundaries have been agreed upon between SITLA, Fish and Wildlife, UDOT, and the Nature Conservancy and there is little flexibility. Council Member Gardner expressed concern that the area for ATV use was not shown on the map. Mr. Gordon replied that a place will be found for ATV use, but not in the area defined as a preserve. They will find 20-40 acres to set aside for ATV use. VOTE: Mayor Pro Tem Whatcott called for a vote, and all voted aye. The motion carried. INTRODUCTION OF SCOUTS: Mayor Pro Tem Whatcott invited several Scouts in the audience to introduce themselves. RIDER APPRECIATION DAY: Mayor Pro Tem Whatcott advised that Saturday, August 19 is Rider Appreciation Day for Suntran and everyone can ride for free. PUBLIC HEARING/PRELIMINARY PLAT: Public hearing to consider approval of the preliminary plat for the Overlook at Green Valley located along Dixie Drive south of Crown Point and north of Green Valley Subdivision Phase 4. Boyer Company, applicant. Project Engineer Kathy Hasfurther explained that the subject property is the old Green Valley Golf Course and has a lot of clay soils which must be mitigated. Several lots will be developed as walk-out basements to mitigate cuts and fills over 10'. There will be a connection to 740 South Street. Excess property will be deeded to adjacent landowners. The applicants will be required to put in a right turn lane on Dixie Drive. There are 50 single family lots, zoned R-1-8, with clustering. The Planning Commission recommends approval subject to resolution of the illegal lot split issue next to the Highlands Subdivision. City Manager Gary Esplin commented that a parcel of property was carved off of this project and does not have access. The applicants need to resolve this before the subdivision is finalized or it will create a lot without access. Staff cannot recommend approval until this issue is resolved. City Attorney Shawn Guzman explained that the lot is the result of an illegal subdividing by the previous owners who retained ownership of the mesa top but sold off the rest of the property. City Manager Gary Esplin stated that the City Council could approve the plat subject to the illegal lot issue being worked out. Council Member Allen inquired where the proposed access to the illegal lot would be. Ms. Hasfurther replied that it would have come through The Highlands, but there is no connection to it. City Manager Gary Esplin commented that the City Council could not approve the plat unless the issue is resolved by the developers. This is a point of litigation between the parties that has not been resolved. Rob Reid, Rosenberg Engineering, explained that all the lots match the Green Valley Subdivision in size. As the lots come down the hill, they will be clustered to keep out of the hillside area and meet the 8,000 sq. ft. minimum. He stated that he verified today that the Boyer Company reached an agreement with the current owner of the illegal lot, and the closing could take place in the next two weeks. The preliminary plat now includes the illegal lot and it will become part of the open space of the subdivision and in the future may remain open space or could be purchased by The Highlands. Council Member Whatcott inquired if the ponds would be drained. St. George City Council Minutes August 17, 2006 Page Seven Mr. Reid replied that they would be drained and drains will be put in the street. The applicant has agreed to participate in improvements to Dixie Drive. Mayor Pro Tem Whatcott opened the public hearing. Paul Landell explained that he was representing several other residents fronting on this subdivision and in the past several days had discussions with the applicant about issues of concern. He stated he was still concerned with ground water. The water table is extremely high in the tier of lots where walk-out basements are being considered. The soil in this area is wet year-round. One of the ponds will be under some of the lots, and he expressed concern about the overall effect on the neighborhood if there were a failure. He expressed concern with traffic and that truck traffic would ruin the City streets. He suggested that construction traffic be prohibited into this subdivision except at the knuckle, with limited access on Dixie Drive. The City has just rebuilt the road from Dixie Drive up to the knuckle. Council Member Gardner assured Mr. Landell that rigorous geo tech review and soil testing is required in any area with suspect soils. City Manager Gary Esplin explained that staff was aware of the soil problems because of the ponds. As all the neighbors know, the ponds have been drained numerous times and they fill up again. The source of this water will have to be identified by the developers, in addition to the groundwater, and it will have to be captured. Mr. Landell advised that the water problems were generated by a combination of springs and over-irrigation. City Manager Gary Esplin commented that staff will watch the situation closely. Alan McKell, a member of the Sports Village Board of Directors, explained that a few years ago there were settling issues in Building U due to improper compaction. He stated that while he did not look unfavorably on the project, he cautioned not to fool with the hillside thus causing more slippage. Rob Reid clarified that the Sports Village is not near the proposed project. Gordon Paxman explained that drainage runs behind his home and inquired if the easement would remain in place or the land would be taken as part of the project. Mr. Reid replied that the only easement he was aware of is a traditional 10' easement along the back lot lines for drainage and utilities. He stated he hoped the drains installed in the street would cut off the drainage. City Manager Gary Esplin advised that there would be a 20' easement for drainage instead of a 10' easement. Mr. Landell stated that he disagreed with Mr. Reid; that the drainage moves along a naturally occurring channel, and that the water is likely from a combination of springs and irrigation from up above. On Phoenix Drive along the full length of the slope there is a french drain to capture drainage water. He expressed concern about the large bog area which will be located underneath several lots, as well as behind the homes on Grand View. He stated that provision would have to be made to intercept the water that comes down the hill as there is a substantial amount of run-off. Council Member Orton commented that the developer will have to take care of all the drainage, and if not, there is recourse. City Manager Gary Esplin replied that there would be recourse if the developer were still around, but the City must make sure the drainage is handled up front, and this project will require special attention because of the clay and underground water. Each lot will require piers, and this will take a lot of engineering and staff will have to be diligent in dealing with these issues. Gordon Paxman inquired who is responsible to maintain the easement behind his home. City Manager Gary Esplin replied that the easement is part of his lot. Mr. Paxman inquired if a wall would be built to separate the projects. City Manager Gary Esplin replied that a wall is not required because the zoning is the same for both projects, but a wall could be built at the option of each property owner. Maurice Clark advised that there is a water problem behind his fence and inquired if the developer could put up a bond to guarantee that if water comes through his fence someone will take care of it. City Manager Gary Esplin replied that the developer is responsible only to take care of the water generated on his property. Mr. Clark expressed concern that the developer would not be around to take care of problems in future years. St. George City Council Minutes August 17, 2006 Page Eight City Manager Gary Esplin replied that under the subdivision ordinance, the developer is required to post a bond for a certain period of time. Project Engineer Kathy Hasfurther replied that the project is bonded for one year. City Manager Gary Esplin replied that this will be changed to two years, and after that the City has some responsibility for the system since it accepted it. He stated that the City will stand behind making sure that whatever system is put in will be maintained correctly. There being no further public comment, Mayor Pro Tem Whatcott closed the public hearing. Council Member Orton commented that the project is a great improvement to the area and staff will watch the project closely. MOTION: A motion was made by Council Member Orton to approve the plat subject to the recommendations of the Planning Commission. SECOND: The motion was seconded by Council Member Gardner. Council Member Bunker suggested that approval be made subject to the illegal lot issue being resolved. AMENDED MOTION: Council Member Orton agreed to add this stipulation to his motion. City Manager Gary Esplin explained that the illegal lot issue would have to be resolved before final plat approval. Council Member Whatcott inquired about limiting truck access. City Manager Gary Esplin replied that some construction traffic for building individual homes would be allowed on residential streets, but the major excavation trucks, dirt movers, etc. needed to build the subdivision itself should come off Dixie Drive. AMENDED MOTION: Council Member Orton agreed to add this stipulation to his motion. SECOND: The motion was seconded by Council Member Gardner. VOTE: Mayor Pro Tem Whatcott called for a vote, and all voted aye. The motion carried. PUBLIC HEARING/PRELIMINARY PLAT: Public hearing to consider approval of the preliminary plat for Hidden Valley Commercial located south of Brigham Road between Desert Hills Drive and 840 East within the Hidden Valley Planned Development. Scott Harmer, applicant. Project Engineer Kathy Hasfurther explained that the plat consists of two lots in the Hidden Valley area, part of the overall SITLA PD which is being built by Ivory Homes. Ivory Homes would like to subdivide a 11.63 acres for their individual office building and future commercial development. The Planning Commission recommends approval. Mayor Pro Tem Whatcott inquired if access would be off Brigham Road. Ms. Hasfuther replied that access would be off 840 East but she had not yet looked at the traffic study. Mayor Pro Tem Whatcott 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 preliminary plat. SECOND: The motion was seconded by Council Member Allen. VOTE: Mayor Pro Tem Whatcott called for a vote, and all voted aye. The motion carried. PUBLIC HEARING/PRELIMINARY PLAT: Public hearing to consider approval of the preliminary plat for The Ledges Phase 8 located in the west portion of The Ledges and west of U-18. Randy Deschamps, applicant. Council Member Gardner declared a conflict of interest. Project Engineer Kathy Hasfurther explained that the layout is typical for the Ledges, and due to grade differences, there would be several walk-outs. The Planning Commission recommended approval. Mayor Pro Tem Whatcott opened the public hearing. There being no public comment, he closed the public hearing. MOTION: A motion was made by Council Member Orton to approve the preliminary plat. St. George City Council Minutes August 17, 2006 Page Nine SECOND: The motion was seconded by Council Member Bunker. VOTE: Mayor Pro Tem Whatcott called for a vote, as follows: Council Member Orton - aye Council Member Bunker - aye Council Member Allen - aye Mayor Pro Tem Whatcott - aye Council Member Gardner - abstained The motion carried. PUBLIC HEARING/ZONE CHANGE/ORDINANCE: Public hearing to consider approval of a zone change from MH-6 to PD Residential on 28.45 acres located west of 1100 East and north of 500 North on the west side of the St. George Industrial Park. Jim Haslem, applicant. Community Development Director Bob Nicholson explained that this area is part of the original Dixie View Mobile Home Park and there has been considerable excavation of the site 30 years ago. A lot of trenches were cut for utility lines and roads carved through. The applicant proposes 137 homes on the site, one and two story detached, with public streets, and an overall density of 4.8 units per acre. Eight different home styles are being proposed. The project is being presented as an affordable housing-type project. The existing Alano Club is proposed as the recreation facility required under the Zoning Ordinance for a PD project. Some of the hillside will be preserved. The applicant also proposes trading land with the City for access to the site from 1000 East and Red Hills Parkway. There currently is access off of Industrial Park Road. The Planning Commission recommends approval subject to meeting the recreation area requirement. Jim Haslem, applicant, advised that the only question unresolved is the recreation center. If it cannot be resolved, he will sacrifice a couple of lots and do it independently. He explained that there is a desperate need for affordable housing and has 400 families on a waiting list for the 136 homes. Council Member Bunker inquired if the Alano Club was amenable to the proposal. Mr. Haslem replied that he met with their executive staff who said it would be acceptable if property could be found for a trade. Mayor Pro Tem Whatcott opened the public hearing. There being no public comment, he closed the public hearing. MOTION: A motion was made by Council Member Gardner to approve the zone change by ordinance subject to obtaining a recreation area. SECOND: The motion was seconded by Council Member Bunker. VOTE: Mayor Pro Tem Whatcott called for a roll call vote, as follows: Council Member Gardner - aye Council Member Bunker - aye Council Member Allen - aye Council Member Orton - aye Mayor Pro Tem Whatcott - aye The vote was unanimous and the motion carried. City Manager Gary Esplin commented that the City wanted to work with the developer to possibly trade some right-of-way necessary for a road. HILLSIDE DEVELOPMENT PERMIT: Community Development Director Bob Nicholson explained that the Planning Commission and Hillside Review Board recommended approval of a hillside development permit for the Dixie View Planned Development. MOTION: A motion was made by Council Member Orton to approve the permit. SECOND: The motion was seconded by Council Member Gardner. VOTE: Mayor Pro Tem Whatcott 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 R-1-10 to C-2 on .42 acre located at 951 South River Road. Virginius and Barbara Dabney, applicants. Community Development Director Bob Nicholson explained that the applicant is using the existing home as an office. The Planning Commission recommends approval. Council Member Bunker inquired if the driveway was wide enough for two cars to pass each other. Mr. Nicholson replied that the driveway may require widening. St. George City Council Minutes August 17, 2006 Page Ten Mayor Pro Tem Whatcott inquired if AP zoning had been considered, as C-2 lends itself to retail establishments. Dirk Wells, Mesa Consulting, advised that the applicant applied for C-2 zoning at the recommendation of planning staff. There is no particular reason C-2 zoning is requested, other than the applicants wants commercial zoning. The driveway will be widened to accommodate two cars. City Manager Gary Esplin inquired if the uses could be limited to AP uses in the C-2 zone so that the zone change would not have to be re-advertised. City Attorney Shawn Guzman replied that if a use is less intensive, the zone change would not have to be re-advertised, but uses in the AP zone area not as clear. If C-2 zoning were approved, all C-2 uses would have to be allowed. City Manager Gary Esplin inquired if the uses could be limited through a development agreement. City Attorney Shawn Guzman replied that he did not think the uses could be limited in a C-2 zone. He commented that the size of the parcel might limit uses in any event. A zone change to AP would require public hearings before the Planning Commission and City Council. Mayor Pro Tem Whatcott 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 a zone change to PD Commercial with the stipulation of meeting AP requirements, and any recommendations of the Planning Commission. SECOND: The motion was seconded by Council Member Orton. VOTE: Mayor Pro Tem Whatcott called for a roll call vote, as follows: Council Member Allen - aye Council Member Orton - aye Council Member Bunker - aye Council Member Gardner - aye Mayor Pro Tem Whatcott - aye The vote was unanimous and the motion carried. Mayor Pro Tem Whatcott called for a five minutes recess, after which the meeting resumed. PUBLIC HEARING/AMEND GENERAL PLAN/ORDINANCE: Public hearing to consider an amendment to the General Plan Land Use Map for both the east and west sides of the proposed Milepost 2, I-15 Interchange, from commercial use designation to various uses including business park, public facilities, park, high density residential, light industrial, and commercial. SITLA, applicant. Mayor Pro Tem Whatcott advised that the southern or western corridors would not be discussed this evening and it was never the plan to discuss those issues at this meeting. Community Development Director Bob Nicholson explained that SITLA is the property owner. When the general plan for the City was adopted in 2005 the interchange area was generally designated as commercial on both sides of the freeway. In the past six months good detailed planning has taken place. Gary Wood, consulting engineer, will review those plans. There is approximately 200 acres on the west side and 350 acres on the east side of the proposed interchange, not all of which is SITLA property. Some property is owned by the City, UDOT, and private property owners. Over the past six months a land use committee has met to discuss land use issues. The issue is simply taking the general plan into greater detail. Zoning uses are not being discussed. The general plan is a concept to guide future zoning decisions. The City is not granting particular uses or entitlements, as zoning will take place at another public hearing at some time in the future. The Planning Commission recommended approval of the master plan as presented. Gary Wood, planning consultant, representing SITLA, explained that this general plan amendment is a product of 18 months of working with UDOT and the City on the whole area around the interchange while dealing with complex issues of access and signage. This general plan amendment is a chance to do it right and avoid long term issues associated with access to various parcels. He stated that he intended to bring in a zone change to PD within the next few months to provide more detail. He advised that he met with residents of Sun River on July 6 to receive their comments and address their concerns. The preliminary south block master plan is still being revised. The existing plan designates the areas as commercial, but there is a lot of land and making it all commercial seems way over any kind of market feasibility. The proposed plan anticipates a town center two miles to the east to serve as a local commercial center for the entire south block area. There will be two commercial areas, one around the interchange and one in the future away from the interchange in the heart of the community. He stated he did not want to see the interchange become the dominant St. George City Council Minutes August 17, 2006 Page Eleven commercial point. The proposed general plan includes visitor convenience commercial, community commercial, a travel plaza, business park, employment center, and a mixed use of public facilities, residential land, and an RV park. The positioning of land uses is critical; key factors are visibility and access. Council Member Gardner inquired about a timeline for the interchange. City Manager Gary Esplin advised that the timing has slipped. The project is a UDOT project, and if funding issues can be resolved, it can be bid some time in early spring and be under construction shortly after that. Gary Wood advised that coordination of the southern parkway requires a great deal of quality material for construction, and SITLA is working with UDOT to make use of materials available to the contractor to build the project. This will be beneficial in keeping the cost of the project down. Mr. Wood explained that several interchange designs have been evaluated with regard to Milepost 2. It has been determined that a split point urban interchange is the best option. It is more expensive but it conforms with the EIS. Mayor Pro Tem Whatcott opened the public hearing. Mike McFarland, a resident of Sun River, expressed concern that a master plan was premature and commented that an RV park would not be economically feasible, nor does he know what an employment center entails. He stated the need for a new off ramp is critical and that the interchange at Exit 4 was dangerous. Council Member Orton replied that good planning is master planning and the parties are just trying to come up with a solid master plan for the entrance to the City and State. Mr. McFarland commented that an area should not be designated as an RV park as the price of land is too expensive. Council Member Allen explained that the master plan is just saying that there may be a possible location for a mobile home park, but there may be other applications as well. Steve Hapaker commented that Mr. Wood and SITLA have done a good job of communicating. He commented that traffic around the interchanges and proposed high density residential would change the nature of Sun River. The general plan says that high density residential should be kept away from single family development and that double frontage lots should be avoided. He commented that a better use for property surrounding Sun River would be low density residential or assisted living or restricted age condo type of housing. Yolanda Thurman expressed concern that a high density apartment-type dwelling would change the composition and flavor of the community as it now exists. She stated she hoped the City Council would listen to the senior community. Dennis Yack commented that he has seen high density in Salt Lake City and that it is just a ploy to make money. Gary Wood explained that a business park is different from an employment center only in the category of uses permitted. A business park is created to offer higher quality employment for offices. An employment center might have some assembly or manufacturing totally enclosed within the building. He explained they were trying to create two categories to make a distinction related to access and visibility. With regard to a mixed use area, they are just extending the existing Sun River PD zone. With regard to access and traffic, this was included in the last PD zone access management plan which locks in how access to various areas will occur. He stated he expected to bring forth an access management plan to set the intersections, signals, right-in right-outs, and this will not happen overnight. Build-out for the area will take 15 years. Council Member Orton inquired if the mixed use area was the only buffer. Gary Wood replied that there is a buffer along the entire edge. There is a regional trail buffer along the whole corridor on the SITLA side of Arrowhead Canyon Road, and Leisure Services is working on a trail plan for the whole area. There will also be an extra setback for landscaping along Arrowhead Canyon Road, but the buffer is not needed until there is development, and it will occur with development. Mike McFarland inquired who would pay for the infrastructure and where the needed water would come from. Mayor Pro Tem Whatcott replied that those who own the property would pay for the infrastructure. City Manager Gary Esplin replied that the costs are developer-related, but the City is involved in the interchange as a partner. With regard to water, like any development in the City, the City knows how much water will be needed. An unidentified man asked for clarification of the multi-use corner. St. George City Council Minutes August 17, 2006 Page Twelve Community Development Director Bob Nicholson replied that a PD zone accommodates multi-use, and can include different types of residential or commercial, such as The Riverwoods at the base of Provo Canyon, or the Gateway development. He explained that there can be office or commercial on the ground flood with residential above that, however, this is not approved at this point in time. The applicants may, however, come back later with a plan requesting this and there is provision in the code to allow vertical mixed use. Mayor Pro Tem Whatcott explained that there is a 35' height limit unless a change is requested. There being no further public comment, Mayor Pro Tem Whatcott closed the public hearing. City Manager Gary Esplin explained that UDOT is going to use a SPUI intersection for proper stacking distance and does not want to have to come back in 15 years and rebuild the interchange. Long range a SPUI is a good decision. With regard to the master plan, SITLA is a participant in the cost of the interchange and needs some sort of idea of what it can use its property for. Council Member Orton explained that this general plan amendment does not give the applicant an open book to do whatever they want and they will still have to go through the public hearing process. Action tonight is for the master plan only. The City loves Sun River as it is a great entrance to the City and does not want to do anything to jeopardize what has been done there. City Manager Gary Esplin commented that planning for this area is only conceptual. Mayor Pro Tem Whatcott expressed concern that sometimes an applicant can require the City to adhere to the master plan, even if the project no longer fits the area. City Manager Gary Esplin commented that fortunately these areas are very large and not specifically designated with a legal description. MOTION: A motion was made by Council Member Gardner to approve the general plan amendment as presented. SECOND: The motion was seconded by Council Member Orton. VOTE: Mayor Pro Tem Whatcott called for a roll call vote, as follows: Council Member Gardner - aye Council Member Orton - aye Council Member Allen - aye Council Member Bunker - aye Mayor Pro Tem Whatcott - 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 R-1-12 on 1.59 acres located on the west side of 3000 East at approximately 1100 South. Larry McEntire, applicant. Community Development Director Bob Nicholson explained that the property is located halfway between the Virgin River and 1450 South. The Planning Commission recommends approval. Rob Reid of Rosenberg Associates explained that concerns were addressed on the preliminary plat. The three issues were access, to clean up a zone change, and the third issue, 3000 East traffic, is still being worked on. Mayor Pro Tem Whatcott opened the public hearing. There being no public comment, he closed the public hearing. MOTION: A motion was made by Council Member Gardner to approve the zone change by ordinance. SECOND: The motion was seconded by Council Member Bunker. VOTE: Mayor Pro Tem Whatcott called for a roll call vote, as follows: Council Member Gardner - aye Council Member Bunker - aye Council Member Orton - aye Council Member Allen - aye Mayor Pro Tem Whatcott - aye The vote was unanimous and the motion carried. ORDINANCE: Consider approval of a new residential solicitation ordinance. This item was tabled. St. George City Council Minutes August 17, 2006 Page Thirteen AGREEMENT: Consider approval of the UAMPS Craig-Mona operating agreement. Energy Services Director Phil Solomon explained that the City is part owner in the Craig Mona project which consists of transmission of energy from Craig, Colorado to Mona, Utah. Capacity was being sold on a monthly basis to outside entities and revenues from the sales were going to the pool rather than to the actual owners of the transmission line. This amendment gives the revenue to the owners rather than to the pool. The revenue is estimated to be anywhere from $2,000 to $30,000 a month. MOTION: A motion was made by Council Member Gardner to approve the agreement. SECOND: The motion was seconded by Council Member Allen. VOTE: Mayor Pro Tem Whatcott called for a vote, and all voted aye. The motion carried. AGREEMENT: Consider approval of an agreement with Alpha Engineering for the Little Valley irrigation system. City Manager Gary Esplin explained this is an amendment to an existing agreement for design of the maintenance building and related items for irrigation of the fields and School District facilities in the area. The cost is being jointly shared with the School Di...


City Council Minutes 04/15/2004:
...2G to consider award of a blanket contract for solid waste pick-up at City facilities, and Item6G to appoint a Mayor Pro Tem would be tabled from the agenda. Mayor McArthur introduced new City Council Member Gail Bunker, who said the experience has been overwhelming and she was grateful for the opportunity to serve. CONSENT CALENDAR: Consider approval of the financial statement for March, 2004. City Manager Gary Esplin commented that the City is in good financial shape at this point in the fiscal year. A motion was made by Council Member Allen and seconded by Council Member Orton to approve the financial statement. Mayor McArthur called for a vote, and all voted aye. The motion carried. AWARD OF BID Consider award of bid for the River Road Phase II project. Purchasing Agent Sue Swensen presented four bids received: Wadsworth Const. $3,735,839.50 Interstate Rock $3,320,612.50 Adams & Smith $3,827,117.47 Meadow Valley Const. $3,897,910.59 She recommended award of the bid to the low bidder, Interstate Rock Products, in the amount of $3,320,612.50, including alternates for landscaping and fencing in the total amount of $3,347,287.50. Public Works Director Larry Bulloch stated that the goal is to complete the project by the end of the year if everything goes perfectly. The project will include another bridge to carry traffic each direction. Council Member Allen inquired if the contractor would be able to finish on schedule since he is also the contractor on the Dixie Drive bridge. Mr. Bulloch replied that the contractor has more work than he can do, but will do his best to finish on schedule. A motion was made by Council Member Gardner and seconded by Council Member Whatcott to approve the award of bid to Interstate Rock in the total amount of $3,347,287.50. Mayor McArthur called for a vote, and all voted aye. The motion carried. AWARD OF BID: Consider award of bid for the Centennial Park landscape project. Purchasing Agent Sue Swensen presented two bids received: St. George City Council Minutes April 15, 2004 Page Two Raintree Landscaping $45,967 Sunset Pools $35,800 She recommended award of the bid to the low bidder, Sunset Pools, in the amount of $35,800. A motion was made by Council Member Orton and seconded by Council Member Whatcott to award the bid to the low bidder, Sunset Pools, in the amount of $35,800. Mayor McArthur called for a vote, and all voted aye. The motion carried. Parks Superintendent Lynne Scott explained that the ballfields will be upgraded, and City staff is now in the process of renovating the turf to the best shape of its life. AWARD OF BID: Consider award of bid for the 2004 road reconstruction project. Purchasing Agent Sue Swensen explained that bid requests were sent to five contractors, but only two bids were received. Staff has reviewed the bids and, after receipt of a protest, recommends that all bids be rejected and the project rebid. The protest pertained to the type of oil bid. A motion was made by Council Member Whatcott and seconded by Council Member Orton to reject all bids. Mayor McArthur called for a vote, and all voted aye. The motion carried. AWARD OF BID: Consider award of bid for a rough mower for the Dixie Red Hills Golf Course. Purchasing Agent Sue Swensen presented four bids received: Nucrane Machinery $40,560 Crossroads Equipment No bid Turf Equipment $38,515 Rocky Mountain Turf $37,399 Turf Equipment qualifies for the local preference exception in the City Code, and has agreed to meet the low bid. Staff recommends award of the bid to Turf Equipment in the amount of $37,399. A motion was made by Council Member Gardner and seconded by Council Member Allen to award the bid to Turf Equipment in the amount of $37,399. Mayor McArthur called for a vote, and all voted aye. The motion carried. City Manager Gary Esplin explained this item is not included in the current budget, but will be included in next year?s budget. An emergency necessitated the purchase of this item during the current fiscal year. AWARD OF BID: Consider award of a blanket purchase order for LMCRS-2H chip seal oil with spreader, truck rental, and delivery. Purchasing Agent Sue Swensen presented three bids received: Paramount Petroleum $76,378 Ergon Asphalt $68,415 Koch Performance Asphalt $71,329 She recommended award of the bid to the low bidder, Ergon Asphalt, in the amount of $68,415. Mayor McArthur called for a vote, and all voted aye. The motion carried. AWARD OF BID: Consider award of bid for two Toro Groundsmaster 3500-D Sidewinder mowers. Purchasing Agent Sue Swensen recommended purchase of the two mowers from Turf Equipment, the manufacturer?s representative for the State of Utah, in the amount of $50,960. Golf Superintendent Jerome Jones explained that the Sidewinder mower decks slide right and left, allowing the cutter to get in tight areas, and Toro makes the only mower of this kind. 20% of the City?s mowers have over 5,000 hours. St. George City Council Minutes April 15, 2004 Page Three A motion was made by Council Member Whatcott and seconded by Council Member Gardner to approve purchase of two mowers from Turf Equipment in the amount of $50,960. Mayor McArthur called for a vote, and all voted aye. The motion carried. AWARD OF CONTRACT: Consider award of a blanket contract for solid waste pick-up at City facilities. This item was tabled. Mayor McArthur invited several Scouts in the audience to introduce themselves. ORDINANCE VACATING PLAT: Consider approval of an ordinance vacating the Lincoln Townhome plat with three units at 34 West 300 South. Curt Cramer, applicant. Community Development Director Bob Nicholson explained that the Planning Commission recommended denial, feeling that the current plat was in harmony with what the City was trying to do in the downtown by promoting ownership of units. The landlord did not offer any objections at the Planning Commission meeting. City Manager Gary Esplin stated that the City would normally vacate a plat if it was a new project, however, three units currently exist, and they are single family, individually-owned units and in keeping with the conservation zone. A motion to deny the request was made by Council Member Gardner and seconded by Council Member Orton. Mayor McArthur called for a roll call vote, as follows: Council Member Gardner - aye Council Member Orton - aye Council Member Bunker - aye Council Member Allen - aye Council Member Whatcott - aye The vote was unanimous and the motion carried. The request was denied. STAGE ONE CONSERVATION PLAN: Consider approval to enter into Stage One of the Conservation/Drought Management Plan. Conservation Coordinator Ren? Fleming requested that the City enter into Stage One of the Drought Management/Conservation Plan. Water demand has been significantly higher than last year at this time. Usage is now between 20-20 million gallons a day, and last year at this time usage was between 15-18 million gallons a day. Stage One consists of voluntary conservation, with suggested watering times between 8:00 p.m. and 8:00 a.m. The temperature has been higher this year, and while the reservoir levels are better than last year, they are still not where they should be. The State advises that this is the 6th year of a drought. Council Member Gardner expressed concern that if usage were cut back the City may not be able to meet its cash flow need, and the City should not over-react too soon on conservation. Ms. Fleming replied that conservation rates went into effect April 1, and this should help with the revenue issue. Council Member Whatcott commented that he thought last year the Council discussed prohibiting daytime watering in Stage One, rather than having it be a recommendation only. He stated that beginning April 1 of each year, daytime watering should be prohibited so that this practice becomes ingrained in the public, rather than having to force them to do it. Ms. Fleming replied that the City should take the lead in any mandatory restriction, and at this time the Parks Department has not finished laying new sod, and it could not abide by its own watering restrictions. Council Member Whatcott explained that sometimes the City must water during daytime hours because it uses irrigation water shares to water many of the City facilities, and the turns are scheduled throughout a 24 hour period. Additionally, the water the City uses to water its facilities is usually irrigation-quality water. Council Member Gardner ...


City Council Minutes 02/21/2002:
... place, the City adopted an ordinance governing location of these types of facilities and their St. George City Council Minutes February 21, 2002 Page Twelve proximity to places where alcohol is sold. He purchased the South Side Inn after passage of this ordinance, with the understanding from the City Attorney that the ordinance affected treatment facilities only. He further explained his treatment facility was not within 500 feet of the Maverik, where alcohol is sold, and there is no request for expansion at this time. The Sunbird Inn is used for offices. Mayor McArthur indicated the minutes of the meeting in 1998 state that 104 students were presently located at the facility, and the applicant stated there would be no increase in the number of students or staff. Mr. Williams replied that was true at the time. Mayor McArthur inquired of Mr. Williams how the number of his students reached 132, when in the 1998 meeting he said he had 104 students and would not expand their number or staff. Mr. Williams replied he made a knee jerk reaction, and the number of 104 youth was not a representation of the number of students for the rest of his career. He stated he received a letter from City Manager Gary Esplin advising his request for a conditional use permit had been approved, with no mention of the number of youth allowed. He explained that the reason the issue has come to light now is because the State is requesting a letter from the City approving the number of youth at his facility. He also met with Community Development Director Bob Nicholson who advised him he could increase the number of his students by 10% without seeking a conditional use permit, and then later discovered that Cinnamon Hills had never been approved for 120 students. Mayor McArthur asked the City Recorder to play a tape recorded portion of the City Council meeting in 1998. Mr. Williams clarified that the meeting in 1998 was to request a conditional use permit for improvements and additional parking, and had nothing to do with the number of youth in his facility. He stated he would like a minimum of 120 students approved so he could legally have 132. Mayor McArthur reiterated the point was that Mr. Williams increased the number of students from 104 to 132. Mr. Williams replied that the statement of the number of youth in his program in 1998 was made in the context of the building improvements and parking. Council Member Gardner commented that when he made the motion to approve the conditional use permit in 1998 since the number of youth would not be increased, he did in response to the debate in the community about other youth groups and whether the City should allow their expansion. Council Member Orton commented that Mr. Williams' recent letter indicates he received permission for 120 students at the 1998 City Council meeting. Mr. Williams replied that he has been forthright the entire time and did not try to mislead anyone. City Manager Gary Esplin commented that the problem, as he remembered it, was when Red Rock was approved for a specific number of students, and Mr. Williams improvement project began before implementation of the new ordinance concerning proximity limits. Comments made at the City Council meeting in 1998 can be interpreted several ways, but the City should now set a limit on the number of youth allowed so all such treatment facilities are in compliance and operating under the same ordinance. Mayor McArthur advised he took Mr. Williams' comments in 1998 to mean that there would be no increase in the number of students of staff. This was reiterated and repeated in the meeting by him, Mr. McGuire, and Mr. Williams. St. George City Council Minutes February 21, 2002 Page Thirteen Mayor McArthur stated he did not know how it could be any clearer than that. Mr. Williams distributed copies of the letter he was sent by Mr. Esplin after the 1998 City Council meeting. Mr. Esplin stated the intent of the letter was to address the conditional use permit, and not to establish the number of youth allowed. At that time all the City Council was addressing was expansion of the facility, not the number of students. Council Member Whatcott questioned if Mr. Williams' response to the Mayor had been that he was going to increase the number of students, if the City Council would have dealt differently with the conditional use permit issue. Council Member Orton reiterated that Council Member Gardner's motion to approve the conditional use permit was for approval if the number of students or staff was not increased. Council Member Gardner advised there has never officially been a number approved, but perhaps the City Council should approve the number of students Mr. Williams now has, or whatever is appropriate, so that there is no confusion in the future. He stated he did feel badly that Mr. Williams had increased the number of students to 132 without the City Council being aware of it. He suggested that certain issues, such as if the program is functioning, over-saturation, etc. should be addressed before a decision is made. Mr. Williams commented that in all fairness he did not come to the meeting in 1998 to request a certain number of students, and at the time did not understand the depth of the question. He stated at the time he did not hear the motion for approval, just that his request had been approved. Council Member Gardner inquired of Mr. Williams if the new building was being used as a recreational facility. Mr. Williams replied the building was being used for classrooms and offices. Council Member Gardner stated he understood the new building would not be used for housing of students. Council Member Whatcott commented that the City never approved 120 students for the Cinnamon Hills program, and Mr. Williams stated in the meeting that he would not increase the number of students or staff. Community Development Director Bob Nicholson stated that he mentioned to Mr. Williams that he could expand by 10% without requesting another conditional use permit. When he asked Mr. Williams how many students he had, Mr. Williams replied 120, and he did not challenge that number. Mr. Williams then requested a letter from the City, and going back through the minutes discovered that Mr. Williams was never approved for 120 students. City Manager Gary Esplin suggested that the City Council establish the number of students allowed at Cinnamon Hills tonight, taking into account that Mr. Williams can have 10% more than the number established. City Attorney Jonathan Wright advised that Mr. Williams could also request another conditional use permit for an increased number of students, after completing a community impact study. City Manager Gary Esplin inquired of Mr. Williams how space was made available for 132 students without expanding. Mr. Williams replied space was made available by shifting rooms around and locating more staff off campus. All off-campus staff were moved into the old Sunbird Motel. St. George City Council Minutes February 21, 2002 Page Fourteen Mayor McArthur inquired of Police Chief Stratton how he felt Cinnamon Hills was functioning from a safety perspective. Chief Stratton replied that from the department's perspective, no more problems were perceived from Cinnamon Hills than at a typical motel. However, he did see a lot of difference between 104 and 132 students. Mayor McArthur inquired of Chief Stratton if he felt the community may be impacted by the sheer number of youth put into our community, or located in proctor homes here. Chief Stratton replied that the community would absolutely be impacted. However, based upon his experience with Cinnamon Hills, the impact on the community has been minimal. City Attorney Jonathan Wright advised that the reason for the conditional use permit in 1998 did not have anything to do with the number of youth allowed. Mayor McArthur replied that while that may be true, at what point in time dwere you able to take a person for his or her word. City Attorney Jonathan Wright replied that nevertheless, the number of youth allowed at Cinnamon Hills was never established. Mr. Williams advised that he now had 131 students, and would be in trouble financially if he were not allowed to maintain that number. Council Member Gardner made a motion to establish the number of youth allowed at Cinnamon Hills at 120. Council Member Allen inquired of Mr. Williams if the State recognized that the City would allow an increase of 10% to the 120 students allowed. Mr. Williams replied that they did. Council Member Gardner clarified that he heard Mr. Williams say that all housing of the students will be in the existing building, and will not be expanded to other facilities. Mr. Williams replied that this was correct. Cou...


City Council Minutes 04/20/2006:
...ens and trees, pets, accessory buildings, home occupations and residential facilities for the disabled. She said that the Conditional Uses are churches, schools, child nurseries, parks and playgrounds, public utilities, residential facilities for the elderly, public buildings and other uses in harmony with the intent of the zone and similar in nature to those listed. Ms. Clark that said she looked up ?public? in the dictionary and it said ?pertaining to the people at large; open to or shared by all the people; known to all, not secret; engaged in service to the people of the community.? She said that she also added ?public spirited, seeking the best interest of the community of people.? Ms. Clark stated they are seeking the best interests of the neighborhood and community. She referred to slides that showed some things that are already impacting their neighborhood on Conditional Use Permits. She stated that the critical issue is that the proposed building will begin a change that will eventually result in other office-type buildings and businesses with a few homes of greatly depreciated value remaining among the large buildings. She stated that the majority of families will have either been pressured or chose to move away in order to find family-style neighborhoods in which to raise their children. She said she expected the elected officials to represent and support the neighbors in this endeavor. Ms. Illa May Blake stated that she lives at 494 East 500 South directly across the street from the proposed site. Ms. Blake said that the neighbors were not against the Children?s Justice Center but they are against encroaching on the neighborhood. She said that the area is saturated with traffic and mentioned surrounding schools, the hospital and doctor?s offices. Ms. Blake said that if the City allows this change to take place they might as well zone the entire street for commercial use. Ms. Blake stated that the neighbors strongly believe in the Children?s Justice Center but they feel that everyone would be better served if it were moved to an outlying area. Ms. Blake said that many years ago the residents were promised that the businesses would never cross 400 East. She asked the City Council to deny the Conditional Use Permit and let the property be sold to developers who would build single-family homes. Mr. Mike Alton stated that he lives at 535 South 440 East Circle which is about one-half block from the proposed CJC. Mr. Alton expressed concern about two predators in the last nine years who have been caught near the Children?s Justice Center. He stated that even one predator in the neighborhood is too many. Mr. Alton said that St. George City Council Minutes April 20, 2006 Page Nine the persons who are involved in the regrettable trauma of the workings of the CJC could likely be attracted to the building and hang around in the neighborhood. Mr. Alton said that it is a well-known fact that there are many registered sex offenders throughout the town. Mayor McArthur stated that after the citizens spoke he would like the Chief of Police to address the concerns about the predators and registered sex offenders. Mr. Kenneth Poulson stated that he lives directly across the street from the proposed CJC. He said that he just bought a home that had been a rental for years. They bought the home and have been remodeling it as a single-family home. Mr. Poulson said that his concerns as a homeowner directly across from the empty lot is the landscaping. He said that the proposed building is a 5,000 sq. ft. house compared to his 1,100 sq. ft. home. He said that it will out-look the existing homes in the neighborhood. He also wanted to know about what type of landscaping there will be. He said that he heard that it was going to be desert landscaping compared to most of the other homes in the neighborhood that have grass and trees in the front. He said that he would want the proposed building to blend in with the existing homes. Another neighbor came forward and stated that the CJC presented plans to build on only two lots but she stated that they could be divided into three large 9,000 sq. ft. lots for three homes and three families. She said that a new cul de sac could also be added that could accommodate another seven family homes. The neighbor said that the proposed building is 6,000 sq. ft. and that the CJC wants to be unpretentious and an unknown location but she feels that it will stand out and will be known. She said that she feels that there will be traffic and parking issues as well. She stated that she wants IHC to plan it all together at once and that the rest of it be zoned residential. She said that Patricia Sheffield said that IHC has first rights to buy back the land if it were ever to be sold. She asked that the Conditional Use Permit not be granted. Ms. Chris Brubaker stated that she lives at 432 East 500 South right across from the present Children?s Justice Center. She said that she wanted to speak to a possible compromise that would: (1) scale the building down so it would be harmonious in size to the existing homes, (2) the built space which includes the structure and the parking area needs to be matched with equal or at least adequate green space as already planned, (3) build the new building next to the Jubilee House, (4) require a legally binding agreement that IHC consent to sell the remaining property in the block to a developer who would build single-family homes that would abide by the R-1-8 zone, and (5) table the issue at this time to look at a compromise or viable working alternatives. Mr. Lloyd Cannon lives directly behind where the proposed building will be built. He stated that the parking lot will be right next to his fence. He said that people who live on the east side of the building will not be able to get into the back end of their property. Mr. Cannon recommended that they change the driveway from the middle of the block to the east side of the block for access. Mr. Cannon said that part of the block is an eyesore and something needs to be done to beautify the area. Mr. Richard Merrill stated that he lives on 700 South. Mr. Merrill said that his concern is when the Children?s Justice Center outgrows its needs in the proposed building and reverts back to IHC. He said that he wants the City Council to look at what the building will be used for. He asked if it would be compatible with the single-family resident neighborhood. He stated that he thought they would use it for an office building or doctor?s offices which is out of the realm of a single-family unit. Mr. Merrill implored the Council to turn down the Conditional Use Permit. Ms. Clark returned to the podium and stated that in preparing the presentation many people whom they spoke to felt the same way except that they had given up hope. They said that promises had been broken by IHC in the past and that it was a ?done deal.? Ms. Clark said that she loves the neighborhood but they are inundated with Conditional Use Permits. She asked that the Council put themselves in their place and think about their own neighborhoods and what they envision for the environment surrounding your own private homes. She said that they are asking the Council to allow them their own vision. She said that the Children?s Justice Center could go some place else but that the people who lived in the neighborhood could not. She concluded by stating that the neighborhood is not against the Children?s Justice Center, it is against more Conditional Use Permits in their neighborhood. She asked the Council to please deny another Conditional Use Permit. Council Member Orton asked Ms. Clark if the Children?s Justice Center was a bad neighbor. Ms. Clark stated that it is not a bad neighbor but some of the comments made in the neighborhood meetings mentioned seeing police cars at the facility in the middle of the night. She said some people have alleged that there is activity there during the night. Council Member Orton said that it is his understanding that the CJC is not getting a new Conditional Use Permit; they are just moving to a new facility. St. George City Council Minutes April 20, 2006 Page Ten Mayor McArthur said that it is not a new use. Ms. Clark said that it was her understanding that there was going to be a granting of a Conditional Use Permit for this brand new facility and that the neighbors want to say they don?t want any more Conditional Use Permits. She said that it was their understanding that the Council was going to grant or not grant a Conditional Use Permit for the new building at this meeting. Mayor McArthur said that was true. He said that it was on the Agenda as a request for a Conditional Use and that presentation has been made. Council Member Orton stated that in the past he served on the hospital board for several years and the neighborhood is better now than when it was the main facility. He said that the neighborhood is quieter, has less traffic and is drastically improved with IHC moving their main campus. Council Member Gardner said that he knew because of the pressure from the neighbors and some lines that were drawn, IHC made the decision to move outside of the neighborhood and not impact the area anymore. He said that it doesn?t mean that there still isn?t appropriate uses associated with the neighborhood too. Council Member Gardner stated that he knew of a couple of Conditional Use Permits that were turned down and building applications that were denied. He stated that everything hasn?t gone against their neighborhood. The Council is very sensitive to that. Council Member Gardner asked Ms. Clark if anyone has had a conversation with IHC about the issues raised. Ms. Clark said that they hadn?t had time. Some of the neighbors felt that they didn?t get adequate notification. She said that they had gotten the presentation together at the very last minute. She said that they would like to. Council Member Allen stated that she is on the Board and that it is no longer IHC, it is Intermountain Health. She stated that the neighbors are associating the Children?s Justice Center with IHC. She said that the land had been purchased by IHC years ago and things have drastically changed over time. She said that she has seen and has worked on the plan for the long-term future of hospital facilities and nothing is included in this area of town. She said that things will probably lessen in that area of town as the hospital builds up more on its main campus. She said that she thought they could set up a meeting with hospital administration and some members of the Board and have a discussion with the neighborhood. Council Member Allen stated that the land has sat there for quite some time and the hospital has not used it and that is not the direction they are moving in. She stated that she thinks this is mute to the conversation about the Justice Center. She stated that she doesn?t feel that the Children?s Justice Center is a detriment to the neighborhood. Ms. Clark said that they never called it a detriment to the neighborhood. She said that what they are worried about is the fact that Intermountain Health has the first rights to buy back the property if something were to happen. Council Member Whatcott asked if they are selling the property or is the Children?s Justice Center has a land lease. Ms. Sheffield said that the land has been donated to the Children?s Justice Center and is being deeded to them in the name of the Friends of the Washington County CJC, which is the 501c3 IRS designated fund raising organization. The building is being built with private donations. She said that the hospital has given them the land after working for more than two years with them. Mayor McArthur clarified that it says that if the CJC is not successful or if they move the property would be deeded back to the hospital. Ms. Sheffield stated that the hospital has the first right to buy the property from them. Council Member Orton asked if the Conditional Use Permit were not approved would they look for another piece of property. Ms. Sheffield said that they would but she didn?t know how they would do it. She stated that they have outgrown the current facility and there have been many people involved in trying to help them move forward to help protect the kids in this community. She said that they have architects, Southern Utah Homebuilders, and a contractor all on board with only $249,000 left to raise in order to build the facility. They have a grant pending for the remaining $50,000. She asked if the Chief of Police could talk about statistics as far as perpetrators. Council Member Whattcott said that he agreed that this was a business use in a residential area. He said that he recognizes the need for children to go into an environment that is a comfortable setting and not walk into a commercial office building to do interviews. He asked Ms. Sheffield if this was their way of protecting the children or if it was an opportunity to use a piece of property that has been donated to them. St. George City Council Minutes April 20, 2006 Page Eleven Ms. Sheffield stated that it was their opportunity to protect the children and to continue to do exactly what they are doing now in a facility that will better meet the needs of a growing community. Council Member Whatcott asked if an office building was built that was nice and didn?t look like a commercial, sterile environment would provide the services just as well as this home. Ms. Sheffield said that she knows of one Children?s Justice Center that is in more of a commercial looking building and comments from parents is that it brings up apprehension on the part of the child when they go there because it looks more like they are walking into a Police Station or a doctor?s office. All of the other facilities are in home settings. Mayor McArthur asked Ms. Sheffield if...


City Council Minutes 05/20/2004:
...nced that Item 2A to consider award of bid for solid waste pick-up at City facilities would be moved to the end of the agenda and addressed after an executive session. TABLE ITEM: Mayor McArthur advised that Item 2D to consider award of bid for fuel for all City facilities would be tabled from the agenda. Mayor McArthur then invited a Scout from the audience to introduce himself. CONSENT CALENDAR: Consider approval of the financial statement for April, 2004. MOTION: A motion was made by Council Member Gardner and seconded by Council Member Whatcott to approve the financial statement as presented. SECOND: The motion was seconded by Council Member Whatcott. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. BID OPENING: Consider award of a construction contract for Horseman Road. Purchasing Agent Sue Swensen explained that the City and School District entered into an agreement to share the cost of the road. The City received four bids and the low bidder was AT Asphalt. She recommended award of the bid to AT Asphalt in the amount of $564,866.85 St. George City Council Minutes May 20, 2004 Page Two Council Member Whatcott commented that the paperwork provided as an exhibit to this item in the packets was confusing. Purchasing Agent Sue Swensen presented the four bids received: AT Asphalt $564,866.85 Cindy Taylor Trucking $597,660.21 HE Davis $679,374.02 Western Rock $736,290.00 City Manager Gary Esplin explained that this bid did not include a chip seal on the road in front of the school but would be full asphalt improvement. Purchasing Agent Sue Swensen clarified that one of the line items in the bid was the placement of asphalt road base. Engineer Jay Sandberg explained that the total cost of the project is $564,866.85, with the School District paying $231,000 of this amount. MOTION: A motion was made by Council Member Gardner to award the bid to AT Asphalt in the amount of $564,866.85. SECOND: The motion was seconded by Council Member Allen. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. AWARD OF BID: Consider award of bid for the 400 East improvement project. Purchasing Agent Sue Swensen explained that plans were picked up by seven contractors, but only two bids were received, as follows: Cindy Taylor Trucking $2,094,220.41 AT Asphalt $2,178,537.92 She recommended award of the bid to the low bidder, Cindy Taylor Trucking, in the amount of $2,094,220.41. Engineer Kathy Hasfurther explained that drainage improvements will extend from the top to bottom of 400 East, and reconstruction of the street from 700 South to the Sunbowl. The bid is for construction costs only, and there will be additional costs for engineering, etc. MOTION: A motion was made by Council Member Allen to award the bid to the low bidder, Cindy Taylor Construction, in the amount of $2,094,220.41. 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 fuel for all City facilities. This item was tabled. AWARD OF BID: Consider award of bid for custodial/cleaning supplies for 2004-2005. Purchasing Agent Sue Swensen recommended the award of bid be split between Waxie Sanitary and Staheli Distributing by purchasing each line item from the low bidder. She recommended that each company be set up for $50,000 for the year, for a total of $100,000. MOTION: A motion was made by Council Member Whatcott to award the bid to Waxie Sanitary and Staheli Distributing in the amount of $50,000 each for the year. SECOND: The motion was seconded by Council Member Gardner. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. RESOLUTION: Consider approval of a resolution authorizing the condemnation of property for construction of the extension of 200 East Street. St. George City Council Minutes May 20, 2004 Page Three City Manager Gary Esplin stated that he would like this item to be moved to the end of the agenda so that it can first be discussed in an executive session. BEER LICENSE: Consider approval of a beer license for Mr. D?s Chevron at 1946 South River Road. Thomas F. Duce, applicant. City Manager Gary Esplin explained that the applicant currently has a beer license at another location. Required background checks were performed, and everything is in order. MOTION: A motion was made by Council Member Whatcott to approve the beer license. SECOND: The motion was seconded by Council Member Allen. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. BEER LICENSE: Consider approval of a beer license for the St. George Golf Club Snack Bar. James D. Hood, applicant. City Manager Gary Esplin explained that an independent concessionaire operated the snack bar prior to the new golf pro, James Hood, taking it over. Background checks were performed and everything is in order. MOTION: A motion was made by Council Member Allen to approve the beer license. SECOND: The motion was seconded by Council Member Bunker. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. GRANT AGREEMENT WITH FAA: Consider approval of a grant agreement with the FAA to conduct the Environmental Impact Statement. City Manager Gary Esplin explained that the City?s share of the cost of the EIS is 5%. Dave Ulane, Airport Manager, explained that this third grant picks up the remaining cost of the EIS. The City pays only 5% on federal project, and its share will be just over $168,000. Hopefully this will be the last grant needed for the EIS, but if more are needed, the FAA has the ability to do so. The completion date of the EIS is expected to be November, 2005, and right now it is ahead of schedule. City Manager Gary Esplin explained that the $2 million cost for the EIS does not take into account the amount spent for an earlier EA done at the recommendation of the FAA. MOTION: A motion was made by Council Member Gardner to approve the agreement. SECOND: The motion was seconded by Council Member Whatcott. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. City Manager Gary Esplin explained that the City?s match is coming from the passenger facility charges collected at the airport, not from the general fund. SET PUBLIC HEARINGS: Associate Planner Mark Bradley explained that the Planning Commission, at its meeting held May 11, 2004, recommended that public hearings be scheduled for June 17, 2004 at 5:00 p.m. or any time thereafter, to consider the following: (1) A zone change from A-20 to PD Residential on 5.357 acres with 21 single family detached homes and OS on .94 acres located at approximately 2800 S. River Rd. south of the Desert Sands at Painted Desert Subdivision. Riley Richardson, applicant. (2) A zone change from MH to R-1-10 on 39.49 acres located at the northeast corner of the 2000 South and 2580 East intersection. Karl Larsen and Russell Bateman, applicants. (3) A zone change from A-1 to RE-12.5 on 5.10 acres located at 2049 East 2800 South east of River Road. Gary Rink, applicant. St. George City Council Minutes May 20, 2004 Page Four MOTION: A motion was made by Council Member Allen to schedule the public hearings for June 17, 2004 at 5:00 p.m. or any time thereafter. SECOND: The motion was seconded by Council Member Gardner. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. FINAL PLAT: Associate Planner Mark Bradley explained that the Planning Commission, at its meeting held May 11, 2004, recommended approval of the final plat for River Hollow Phase I. Mervyn Cox is the applicant. Council Member Whatcott inquired if the project included easement rights to expand the road to five lanes. Mr. Bradley replied that it did. MOTION: A motion was made by Council Member Gardner to approve the final plat and authorize the Mayor to sign it. SECOND: The motion was seconded by Council Member Bunker. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. PRELIMINARY PLAT: Associate Planner Mark Bradley explained that the Planning Commission, at its meeting held May 11, 2004, recommended approval of the preliminary plat for West Side Commercial Subdivision. Wendell Tobler and Michael Hughes are the applicants. MOTION: A motion was made by Council Member Gardner and seconded by Council Member Whatcott to approve the preliminary plat. SECOND: The motion was seconded by Council Member Whatcott. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. LOT SPLIT: Associate Planner Mark Bradley explained that the Planning Commission, at its meeting held May 11, 2004, recommended approval of a lot split at 1287 W. Bloomington Drive. Steven Davis is the applicant. Staff also recommends approval. MOTION: A motion was made by Council Member Allen to approve the lot split. SECOND: The motion was seconded by Council Member Gardner. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. LOT SPLIT: Associate Planner Mark Bradley explained that the Planning Commission, at its meeting held May 11, 2004, recommended approval of a lot split and access from a private street located at 720 W. Indian Hills Drive subject to a reciprocal access agreement in the event the property is ever sold. Gary Carter is the applicant. The applicant is aware the property is in the airport flight path. The topography is quite steep. Mayor McArthur inquired if the property could be split again. City Manager Gary Esplin replied that it could, but a subdivision plat would have to be filed if a certain number of lots were created off a dedicated street. MOTION: A motion was made by Council Member Gardner to approve the lot split. SECOND: The motion was seconded by Council Member Whatcott. City Manager Gary Esplin clarified that the applicant could not subdivide his property without meeting requirements of the Subdivision and Hillside Ordinances. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. SITE PLAN AND BUILDING ELEVATION: Associate Planner Mark Bradley explained that the Planning Commission, at its meeting held May 11, 2004, recommended approval of the site plan and building elevations for a proposed office building located within the Tonaquint Center, Phase 2, Lot 5, at 1600 South Dixie Drive. Dustin Moore/Online Web Marketing is the applicant. Mr. Bradley explained that the building is two stories at a standard height of 35'. It will be southwest style with stucco and a tile roof. More parking is being provided than St. George City Council Minutes May 20, 2004 Page Five required. The Planning Commission also recommended approval of a future building up to 4,750 sq. ft. in the same style as long as parking and setback requirements are met. MOTION: A motion was made by Council Member Gardner to approve the site plan and building elevations for this building as well as a future building, as recommended by the Planning Commission. SECOND: The motion was seconded by Council Member Allen. CLARIFICATION: Mayor McArthur clarified that if there were any change in the use of the building, such as to a call center, parking requirements would have to be met. VOTE: He then called for a vote, and all voted aye. The motion carried. CONDITIONAL USE PERMIT: Consider approval of a conditional use permit to convert a commercial building into a used car lot in a C-3 zone at 635 E. St. George Blvd. Nelson Moak and Ryan Douglas, applicants. Planner Ray Snyder explained that the building was formerly used as a restaurant. There is an existing sign which encroaches into the right-of-way. The new monument sign will have to comply with current City standards. Currently there are two driveways for ingress and egress, but the site plan shows just one driveway. There is adequate parking. 5% landscaping and street trees are required. The applicants propose 8% landscaping. The Planning Commission asked that the applicants prepare a revised landscape plan, and staff suggest that no business license be issued until the landscaping is completed to the satisfaction of the City Council and staff. The Planning Commission recommended approval subject to the following conditions: 1. Provide nine (9) striped parking spaces per submitted site plan. Two of these spaces will be for handicap parking and conform to current design standards. 2. Parking spaces shall be a minium size of nine feet (9') wide by eighteen feet (18') in depth. 3. Resurface the parking lot and stripe the parking spaces. 4. Drive aisles shall be a minimum of twenty five feet (25') in width. No parking of vehicles may occur in the drive aisle. 5. All parking spaces shall have adequate space for turning motions. 6. Replace the existing pole sign with a monument sign that meets current standards and does not encroach into the public right-of-way. 7. Three street trees shall be planted and be deemed as acceptable to the City Forester. 8. Landscaping shall be a minimum of 5% of the site area. 9. Applicant shall demonstrate that landscaping is within property lines and that State right-of-way is not included in the calculations. 10. One driveway shall be removed and a thirty foot (30') single ingress and egress driveway shall be permitted as per submitted site plan. 11. All building reconstruction shall be permitted and meet current building and fire codes. 12. Display vehicles may not encroach into the public right-of-way. 13. Site lighting shall comply with Section 10-19-7, St. George City Code. Nelson Moak, applicant, commented that a water feature would be incorporated into the landscaping. MOTION: A motion was made by Council Member Whatcott to approve the conditional use permit subject to the recommendations of the Planning Commission, as well as the stipulation that no occupancy of the building shall take place until the landscaping is completed to staff?s satisfaction. SECOND: The motion was seconded by Council Member Gardner. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. Council Member Allen inquired where in the City Office the conditional use permits were filed. Mr. Snyder replied that they were filed in the Planning Department in the project file. CONDITIONAL USE PERMIT: Consider approval of a conditional use permit for a 17' high detached garage adjacent to a home at 3487 South Sugar Leo Rd. Ronald L. Damm, applicant. Planner Ray Snyder explained that the Planning Commission recommended approval. St. George City Council Minutes May 20, 2004 Page Six MOTION: A motion was made by Council Member Gardner to approve the request. SECOND: The motion was seconded by Council Member Whatcott. Council Member Bunker inquired if the neighbors had been notified. Mr. Snyder replied that notices were sent to all property owners within a 300' radius, and no responses had been received. Council Member Whatcott advised that there was one letter in the packet from a neighbor, but he did not have any problem with the request. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. INSURANCE POLICY: Consider approval of an insurance policy to hedge against high market prices in the event of the loss of DGT resources. Power Director Phil Solomon explained that most of the City?s resource portfolio is within a range that it can cover with generation. However, due to the volatility in the market and the prediction that this summer will be hotter than normal, staff would like to try and alleviate the risk. It investigated an insurance policy that limits the City?s exposure to the market. When the market is over $70, the insurance would kick in. However, most of the time it is anticipated that the market will be less than $70. There is a 3% chance that the City would actually have to exercise the insurance policy, but in the chance that it would have to, the City could be exposed by as much as $1,000,000 to $2,000,000. With that kind of exposure and the cost of the premium, it would be good insurance to have. The Water and Power Board recommends approval for a four month period from June to September. The cost for this four month period is $50,000. City Manager Gary Esplin expressed concern with the market the last few years. He stated that if the City still had a reserve, this would not be a problem. However, it would be good to have this insurance at least for this year and next. MOTION: A motion was made by Council Member Gardner to approve the insurance policy. SECOND: The motion was seconded by Council Member Whatcott. Mr. Solomon commented that the City?s Finance Director, Phil Peterson, felt the insurance policy was a good investment as well. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. Mr. Solomon suggested that the motion be contingent on legal review of the documents. ENVIRONMENTAL ASSESSMENT: Consider approval of an environmental assessment for the Gunlock arsenic treatment plant. City Manager Gary Esplin explained that approval of this item would authorize the use of Bio-West along with Corollo Engineers to do the project at a cost of $75,581. The City will apply for an extension to meet the requirements, and the State has indicated they would look favorably on the request for extension. MOTION: A motion was made by Council Member Whatcott to approve the environmental assessment as requested. SECOND: The motion was seconded by Council Member Gardner. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. WATER LINE COST SHARE AGREEMENT: Consider approval of a water line cost share agreement. City Manager Gary Esplin explained that in order to accommodate fire safety and water pressure throughout the City, water lines must be extended. It is proposed that the City pay for the cost to take the lines further down the block and above the cost the developer would pay. The project is the Sunbowl West Townhome development. MOTION: A motion was made by Council Member Whatcott to approve the agreement. St. George City Council Minutes May 20, 2004 Page Seven SECOND: The motion was seconded by Council Member Bunker. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. REIMBURSEMENT AGREEMENT: Consider approval of a reimbursement agreement with JMI for improvements on Red Cliffs Drive. City Manager Gary Esplin explained that this item was tabled from the last meeting in order to give staff time to look at other projects along Red Cliffs Drive. Gilbert Jennings, applicant, advised that he is in the process of developing property on Red Cliffs Drive at 2450 East. On Red Cliffs Drive from 2450 East there currently is no center turn lane. A traffic impact study suggested there should be one. However, there are extenuating circumstances with the project such as power poles in relation to the street. While he would be more than happy to pay the cost of improvements on the south side of the street along the property, if the power lines were not there he would be more than willing to have the curb and gutter shift over closer to the property. However, because of the power lines, this is not possible. His commitment was that he would pay all costs on the south side of the street along the frontage and add any lanes required for traffic control, and the City would participate on the north. The only place the road can be expanded is to the north. There are culverts which go underneath the freeway, and an internal storm drain system has been designed to carry water through his project to the south end to 2450 East. This is a considerable added expense not included in the agreement for storm water which comes from Red Cliffs and north of the freeway which has nothing to do with his project. Staff is concerned that he is asking for something the others along Red Cliffs Drive did not receive help with, but while Deseret Industries paid for improvements along the south side of Red Cliffs Drive, there was already a turn lane in front of their property. He stated he would be happy to pay for the cost of what is required on the south side, but not having a center turn lane is a larger problem than his project and will influence all traffic on Red Cliffs Drive, and the City should participate. The reimbursement agreement asks the City to pay $61,000, which is the amount received from the contractor to pay for the improvements along the north side of the road. He again stated that he would be happy to pay for all improvements on the south side of the road, and he was paying for all the drainage which has nothing to do with him. Mayor McArthur inquired what the $61,000 would cover. City Manager Gary Esplin replied that it pays for taking out the curb and gutter and putting in new drainage catch basins on the north side of the road to the west end of Mr. Jennings? property. Mayor McArthur commented he wished the church could be included in the project on the north side of the road. City Manager Gary Esplin explained that Red Cliffs Drive was built on right-of-way given to the City by the State, and a special improvement district was created to improve Red Cliffs Drive when the mall was built. Power Director Phil Solomon advised that the power lines adjacent to Mr. Jennings? property were there when the right-of-way was deeded to the City and were owned by Dixie REA Power. Mayor McArthur commented he felt the City should participate with Mr. Jennings in the project. Mr. Jennings recommended that the project not be done until September after the temperature cools so that landscaping can be saved. City Manager Gary Esplin commented that staff?s concern is based on the traffic study which says that in order for Mr. Jennings to develop his commercial project, a left turn lane is mandatory, and it is their responsibility to provide it. It then would be their responsibility to move the power poles in order to accommodate the left turn lane, or if they are not moved, to allow them to improve the north side of the road so that a left turn lane can be accommodated. City participation will negate what they are required to install as part of the development process. Mayor McArthur commented that the power lines were causing the problem. City Manager Gary Esplin commented that Mr. Jennings could do a right turn in and right turn out only. While it is the City?s responsibility to pay the cost of improvement of the north side of the road, if Mr. Jennings were not developing his property, the left turn lane would not be needed. However, if the left turn lane is needed for general roadway safety, then it would be the City?s responsibility. St. George City Council Minutes May 20, 2004 Page Eight Mayor McArthur stated there is a turn lane the entire length of Red Cliffs Drive, except for this portion, due to the power lines. He stated he felt the City should participate in the cost of the turn lane. A brief discussion took place concerning the special improvement district which was created to improve Red Cliffs Drive. Council Member Whatcott commented that if the traffic study says for safety purposes a turn lane is needed, then the City has a responsibility to put in a median to prohibit left hand turns. If it does not do this, is it going to be responsible for 100% of the cost of moving the curb on the north side all the way down, as the next property has the same problem, and the next, etc. Assistant City Engineer Jay Sandberg commented that all property is developed from the mall to the church, and another access will never be needed. Mayor McArthur commented he was convinced the City would have installed a turn lane if there had been room to do so. City Engineer Dave Demas advised that he contacted Brent Gardner, the engineer for the SID, and inquired why a turn lane was not installed at this location. Mr. Gardner replied that there were four reasons: (1) budget issues; (2) expense to relocate the power lines; (3) the property owners did not know what they would do with the property and were uncooperative about any additional rights-of-way; and (4) no one knew where access to the property would be at that point. City Manager Gary Esplin stated that he did not think staff was suggesting the entire cost of the turn lane be borne by Mr. Jennings as there were some extenuating circumstances, but by allowing the developer to use additional right-of-way property between the development and the power poles, he would receive value. He inquired of Mr. Jennings if he would be able to make use of excess right-of-way property. Assistant City Engineer Jay Sandberg advised that the right-of-way is owned by UDOT, and would take an act of Congress for them to relinquish it. City Manager Gary Esplin commented that the right-of-way could be landscaped. Staff would like to be consistent and require the same of everyone. Mr. Jennings commented that he expected to pay his fair share, but he was relying on a commitment made by the Public Works Director that the City would participate. Public Works Director Larry Bulloch advised that he indicated to Mr. Jennings that the City should participate, and staff is just trying to determine to what level, and to find a reasonable formula to use in the cost-sharing. Mayor McArthur commented that it was a good suggestion to use the extra right-of-way for landscaping which would allow the developer to move his building closer to the road. Mr. Jennings replied that he could not afford to start over with the project. Council Member Allen commented that if Red Cliffs Drive was not widened in this area, the City would regret it in the long run. City Manager Gary Esplin commented there was no question staff would like the road widened. Assistant City Engineer Jay Sandberg commented that the agreement amount did not include relocation of landscaping and he felt the developer should take care of this, and the landscaping on the north side of the road. Mr. Jennings agreed that he would do this. He commented that there may be value in using the right-of-way for landscaping, thereby allowing more parking spaces, but he was reluctant to agree to this. Council Member Gardner commented that the City now has an opportunity to correct the situation. Mr. Jennings is more than happy to pay his fair share, and he hated to see the project get held up any longer. He suggested that perhaps a not-to-exceed amount could be agreed to, and the value in increased parking could be used as a trade-off to buy down any exposure. City Manager Gary Esplin stated that the issue should be decided now based on the turn lane only. The left turn lane is needed, and if the Council determines that the City has an obligation to help fund it, staff will find the money to do it. There are only a certain number of roads which will be carrying a major part of the traffic, and this road St. George City Council Minutes May 20, 2004 Page Nine is one of them, and from a traffic standpoint, staff wants to make the road as user-friendly as possible. MOTION: A motion to approve the agreement in an amount not to exceed $61,000 was made by Council Member Bunker. SECOND: The motion was seconded by Council Member Allen. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. ATTORNMENT AGREEMENT: Consider approval of an attornment agreement between the City, Village Bank, and JLH Ventures, LLC. City Attorney Shawn Guzman explained that an attornment is a transfer of something. MOTION: A motion was made by Council Member Whatcott 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. ASSIGNMENT OF LEASE: Consider approval of an assignment of a commercial lease from Western Air Services to Direct Aviation, Inc. Airport Manager Dave Ulane explained that there were two fixed base operators at the airport, and one bought out the other. MOTION: A motion was made by Council Member Whatcott to approve the assignment of lease. SECOND: The motion was seconded by Council Member Gardner. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. HANGAR LEASE: Consider approval of a new non-commercial hangar lease with Dr. Robert Harris. Airport Manager Dave Ulane explained that Mr. Lundberg sold his hangar to Dr. Harris. MOTION: A motion was made by Council Member Gardner to approve the lease. SECOND: The motion was seconded by Council Member Whatcott. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. AMENDMENT TO LEASE: Consider approval of an amendment to the airport terminal lease agreement with Skywest Airlines. Airport Manager Dave Ulane explained that the lease is being amended to add more space in the terminal and a new landing fee effecting July 1 to fund new firefighting equipment required under new federal rules. MOTION: A motion was made by Council Member Allen to approve the amendment to the lease. SECOND: The motion was seconded by Council Member Gardner. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. CONCESSION AGREEMENT: Consider approval of a concession agreement with Infowest, Inc. to provide a wireless access point at the airport. Airport Manager Dave Ulane explained that the St. George Municipal Airport will be the first airport in the State to provide this service. The service will be provided free to Infowest customers, and the City will receive a percentage of the revenue. MOTION: A motion was made by Council Member Allen to approve the agreement. SECOND: The motion was seconded by Council Member Bunker. St. George City Council Minutes May 20, 2004 Page Ten VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried CONCESSION AGREEMENT: Consider approval of a concession agreement with R&J Newspaper Service to locate a newspaper rack at the airport for the Salt Lake Tribune and Deseret Morning News. MOTION: A motion was made by Council Member Gardner to approve the agreement. SECOND: The motion was seconded by Council Member Whatcott. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. SET PUBLIC HEARING: Set a time, date, and place for hearing regarding the recovery of costs to demolish two buildings: (1) 52 W. Diagonal; and (2) 1811 W. Canyon View Drive. City Manager Gary Esplin recommended that the hearings be scheduled for June 3, 2004. MOTION: A motion was made by Council Member Allen to set the public hearings for June 3, 2004. SECOND: The motion was seconded by Council Member Gardner. VOTE: Mayor McArthur 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 April 29, 2004. MOTION: A motion was made by Council Member Whatcott to approve the minutes as presented. SECOND: The motion was seconded by Council Member Gardner. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. POLICE DEPARTMENT UPDATE: As a follow-up to an item mentioned earlier in the meeting, Police Chief Marlon Stratton advised that 911 service is being re-established to the St. George area. He advised that he activated the emergency operation center to transfer some emergency calls and have the dispatchers handle all calls without interruption of service. All fire stations have been staffed, and citizens are advised to go to their neighborhood fire stations for an emergency if they are not able to connect to 911. ADJOURN TO EXECUTIVE SESSION: MOTION: A motion to adjourn to an executive session to discuss litigation and property issues was made by Council Member Gardner. SECOND: The motion was seconded by Council Member Allen. VOTE: Mayor McArthur called for a roll call vote, as follows: Council Member Gardner - aye Council Member Allen - aye Council Member Bunker - aye Council Member Whatcott - aye The vote was unanimous and the motion carried. RECONVENE: MOTION: A motion to reconvene was made by Council Member Allen. SECOND: The motion was seconded by Council Member Gardner. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. SCHEDULE MEETING: City Manager Gary Esplin explained that a City Council meeting was needed on Monday, May 24, 2004 to consider releasing a portion of the property originally pledged as collateral for the WCIA?s Lease Revenue Bonds, Series 1997A and Lease Revenue Bonds, Series 2003. St. George City Council Minutes May 20, 2004 Page Eleven AWARD OF BID: Consider award of bid for solid waste pick-up at City facilities. MOTION: A motion was made by Council Member Whatcott to awa...


City Council Minutes 10/05/2006:
...working with the Parks Department on the trails and parks. All recreation facilities are intended to be public. A large public park which is show on the parks master plan will be built, as well as a linear park which runs through the valley and provides a connection from the north to south areas. Some trails will be improved with asphalt. The project provides for the construction of Plantations Drive which is the only major arterial west of Dixie Drive and is a major road on the City?s transportation plan, and will be built before the first subdivision goes in. The applicant has been working closely with the Power Department to provide two new substations and has done his best to hide the power corridor. The Power Department would like to execute a document as soon as possible to start relocation and planning of the 138 substation and loop line which is a regional power line. An extensive traffic impact study was done which identified all improvements and participation percentages based on density and traffic generated by the project. A site has been identified for a fire station. The project has three primary densities on top of the slopes and has taken a lot of the high density to the center of the project adjacent to The Cottages and parks. Concerns have been expressed by residents of The Cottages with regard to higher density and the proximity of the roadway to some of the units. By moving the power line the road has been shifted to the west. The applicants plan to landscape the areas between The Cottages and the roadway. An underground crossing and another trailhead is proposed and the bottom trail areas will be preserved. There will be no development in the flood plain or washes. The developer has created CC&Rs to control the exterior look of the buildings and landscaping for the entire project, and even though some of the property has been sold to different developers, the entire site will function under a common CC&R document to maintain control of the look and feel of the project. In order to preserve the sensitive lands and fund constriction, there is a need for increased density and the project has been set up to do some TND with a town center and park. The opportunity to do this is with this amendment and the zoning process. The first phase will consist of R-1-10 development to take advantage of lot averaging in order to pull some more affordable lots into the R-1-10 development. Council Member Bunker inquired if the applicants were also planning some affordable housing. Mr. Rosenberg replied that the commitment to affordable housing is there, but the property owners are not doing the actual project and there is not a detailed design to address this. The general plan amendment will allow this to happen, and affordable housing can be made contingent with the zoning. He stated that the last he heard there were 3,500 to 4,000 lots on the market and only 133 were sold last month. There is a dramatic need for affordable housing to meet the growing number of the workforce, but this cannot happen in the R-1-10 zone. The affording housing problem cannot be solved with four units per acre, but R-1-10 is needed to absorb the land cost and spread it out among more units. Council Member Whatcott commented that at some point in time a commitment must be made to provide attainable housing. Mr. Rosenberg replied that the applicant is focusing on the quality of the project design with less attention being paid to the numbers. The affordable housing problem cannot be met by four units per acre. Council Member Whatcott commented that it was obvious a tremendous amount of time was spent on this project but he wondered when the City was going to step forward and require an attainable housing component, and if the City was missing the boat on this project by approving the general plan amendment. City Manager Gary Esplin replied that the current property owners are not the ones doing the actual development of the project. The property owners will put in the infrastructure and then sell off the parcels. From staff?s point of view, the project is great and meets the current master plan with four units per acre. The concern is what St. George City Council Minutes October 5, 2006 Page Twelve assurances the City will have if the project moves forward that it will be built according to the master plan. Mr. Rosenberg replied that Plantations Drive is fixed and will be built. The sewer will be extended. Parks will be built as required. If a developer comes in and buys part of the property, he will have to function under the CC&Rs which can be tied to the project zoning through a development agreement. As far as workforce housing, he did not know if he could say that mandatory inclusionary zoning was the best thing for the City. City Manager Gary Esplin inquired what good increased density was if it did not make affordable housing part of the program, and if the applicant gets increase density, what will the City be receiving for that increased density. There has to be trade-off to get some attainable housing. He stated that he was not offended by the increased density of the project if the prices allowed young families and a cross section of the community to live in an area where high prices would otherwise drive them out. Mr. Rosenberg commented that the applicant would be starting with an R-1-10 zoning project because this zoning is already in place and no zone change is required. Lot averaging has been used and there will be some smaller lots in with larger lots. Additionally the developer can proceed now and will put millions into the roads, and there has to be some return for this. He stated that some areas will have up to nine units per acre for townhomes and smaller lots which is what the market wants. There is no requirement for attainable housing, but the opportunity is there. Council Member Whatcott commented that just because the units or lots may be small does not mean they will be affordable. Mr. Rosenberg replied that it was his hope the market would adjust and he could not recommend inclusionary zoning. Council Member Allen commented that the only way to get true attainable housing is to allow another couple of lots per development, as there has to be some return for the developer to help pay for it. Mr. Rosenberg replied that there would have to be some density incentive or density bonus in order to mandate inclusionary zoning. The process would also have to be streamlined as time is money. City Manager Gary Esplin inquired how the City could deny a project if it met the master plan density for the area. He stated that the City should not give away the farm for higher density without looking at attainable housing. City Attorney Shawn Guzman advised that the best way to do this is through an ordinance and through an extensive development agreement. Mayor McArthur opened the public hearing. Sally Harrison, a resident of The Cottages North, commented that her home is located on the corner of Plantations Drive and Canyon View Drive and she was hoping for a 25' greenbelt area between her wall and the road. She also asked for elimination of the big four story buildings as they were not conducive to the neighborhood. She stated she was not opposed to the project but did not want apartments. Marlon Shields advised that ten homeowners from The Cottages North would be impacted. He asked for a separation of the units from the road with greenbelt in order to reduce traffic noise while still having access to the beautiful property. He stated he did not want high density buildings. John Costland expressed concern with the noise from Plantations Drive and wanted to make certain there was no access off Plantations Drive in order to take a shortcut onto St. George City Council Minutes October 5, 2006 Page Thirteen Canyon View Drive. He stated he was in favor of Plantations Drive being built first. He stated he was told no environmental impact study had been done for the project, even though he knew there were protected tortoises in the area. City Manager Gary Esplin advised that a few years ago 65,000 acres on the red hill was designated as tortoise habitat. That is the preservation area, and any tortoises found outside this area can be transported to this area and released. Ed Baca inquired if the public could be assured that the fire station would be built in timely manner before prices rise, an example being the Sun River fire station. Bob Willie, a resident of Cottages South, commented that there was enough high density in the area and the last thing they needed was more. He expressed concern with the number of new cars that would be brought into the area and stated there was not enough access, even with the development of Plantations Drive. He commented there needed to be more thought given to the handling of traffic. Peg Durham commented that her home backs up to the project property. She inquired if everyone could add five or ten feet to their backyards at a reasonable price. She also inquired if they could have higher walls so that those people walking on the trail behind their homes could not see into their backyards. Kurt Lister, Board Member of The Cottages South HOA, commented he was against the proposal as it did not benefit the citizens or the City. He stated the area could not support any more high density residential. He also expressed concern about noise pollution, visual pollution, increased density, declining property values, lack of privacy, and an increase in crime. Rick Rosenberg commented that no height increase is proposed for the buildings across from The Cottages North and they could be the same height as a single family home, up to 35'. The applicant has not requested approval for any four story buildings. There will be nearly 40' of landscaping from the backyards to the right-of-way, and the trail is planned to be closer to the street. There might be a little excess property available, but he could not promise anything. There is no direct access to Plantations Drive from The Cottages South as it loops within itself, and there is no planned connection. There is a gravel pit on site and a construction access so no heavy trucks will have to operate across residential streets. The traffic impact study has addressed the huge impact in traffic at build-out, and off site transportation improvement costs are significant. Community Development Director Bob Nicholson advised that the Planning Commission recommended approval subject to the following comments from staff: 1. No zone change will be considered or approved until traffic issues are resolved. 2. Drainage issues must be resolved with the Development Services Department prior to proceeding with a zone change. 3. A detailed sensitive land use analysis should be prepared. Areas that are to remain as open space should be identified first and then potential developable areas. This should be part of the zone change application. 4. There should be compatible densities with adjacent developments. 5. The previous plan (The Plantations) phase one was limited to a certain number of units until adequate access is available to the various phases. 6. Source of water for the lakes will be re-use water and/or irrigation water. The source of water for the lakes is subject to negotiation with the Water Department. 7. A detailed trail plan should be submitted for review and approval as part of any zone change application. The trails should be designed and improved by the developer as part of each phase of the development. 8. Plantations Drive alignment along ?The Cottages? development should be at least 10 feet offset or more from the privacy walls of The Cottages North development. St. George City Council Minutes October 5, 2006 Page Fourteen 9. The Hillside Review Board agreed with the concept but required that a hillside development permit would be needed for each applicable area with the exception of the man-made gravel site at the southeast corner of the project boundary. He advised that one area proposed to be adjacent to The Cottages is high density and not compatible, and the Planning Commission recommended that this area be considered as medium density instead of high density. Rick Rosenberg advised that the applicant was willing to facilitate that concern from The Cottages. A gentleman in the audience inquired how access to the trail could be obtained. Mr. Rosenberg replied that there is a significant trail system crossing behind The Cottages North. There is a four way intersection planned for this area with a pedestrian crossing that will provide immediate access to the park and trailhead. There being no further public comment, Mayor McArthur closed the public hearing. Council Member Allen inquired if the high density housing could be scattered throughout the development. Mr. Rosenberg replied that this was possible and commented he could see several of the areas coming back as medium density for a TND or PD. City Manager Gary Esplin commented that the City Council is not giving license to anything more than to allow the applicant to come in for a zone change. At that time they must have elevations, etc., and whatever ordinance is in place at the time of that zone change request is what will apply. There could be a requirement for 20% inclusionary housing and they would have to meet that in order to get the zone change. MOTION: A motion was made by Council Member Bunker to approve the general plan amendment by ordinance subject to the recommendations of the Planning Commission, and with the stipulation that the property adjacent to The Cottages North and South be medium density rather than high density and shown as such on the master plan. City Manager Gary Esplin suggested that language be included in the motion recognizing that the master plan is amended at this time, but the number of units cannot be guaranteed as this is part of a zone change which will come later. City Attorney Shawn Guzman clarified for the record that anyone who subsequently develops in this area is on notice that the concept for the project could change, but any change would have to be reasonable. AMENDED MOTION: Council Member Bunker agreed to add these two recommendations to the motion. SECOND: The motion was seconded by Council Member Allen. VOTE: Mayor McArthur called for a roll call vote, as follows: Council Member Bunker - aye Council Member Allen - aye Council Member Whatcott - aye The vote was unanimous and the motion carried. Mayor McArthur called for a five minute break, during which time he was excused from the meeting. Upon conclusion of the break, the meeting resumed. St. George City Council Minutes October 5, 2006 Page Fifteen APPOINT MAYOR PRO TEM: MOTION: A motion was made by Council Member Bunker to appoint Council Member Whatcott as Mayor Pro Tem for the remainder of the meeting. SECOND: The motion was seconded by Council Member Allen. VOTE: Mayor Pro Tem Whatcott called for a vote, and all voted aye. The motion carried. SOLID FENCE REQUIREMENT: Consider a request for determination of a solid fence requirement. Jim McArthur, applicant. Jim McArthur explained that on December 15, 2005, he appeared before the City Council for approval to put in a RV storage area on his property located next to the Fiesta Fun Center. At that time he was asked to put in a solid block fence. The ordinance requires only a solid site-obscuring fence. He then displayed panels for a tongue-in-groove PVC fence and requested permission to install this type of fence instead of a solid block wall. City Manager Gary Esplin commented that he had no problem with the request, but inquired about removal of graffiti. Mr. McArthur replied that the slats could be easily replaced if the graffiti did not clean off. Council Member Whatcott commented that his only concern was that vinyl fences have tendency to lean and fade as they age. Mr. McArthur replied that he would see that this did not happen, and in five years the fence would probably not be there in any event. MOTION: A motion was made by Council Member Bunker to approve use of the vinyl fencing. SECOND: The motion was seconded by Council Member Allen. Council Member Whatcott commented that while the requirements of the ordinance were being met, his concern was longevity of the fencing and what it would look like in five to ten years from now. Mr. McArthur replied that he would be happy to have someone put a level on it and tell him to straighten it. He commented that he wanted the fence to look sharp too, and would happy to have this requirement as part of the motion. If complaints are made about the fence, he will correct the problems. City Attorney Shawn Guzman commented that the fence could be required to be maintained in good condition without holes or cracks or graffiti and kept straight. City Manager Gary Esplin suggested that a review of the fence could also be required in five years to see how it is holding up. AMENDED MOTION: Council Member Bunker amended her motion to include the requirement that the fence be maintained in good condition without holes, cracks or graffiti and kept straight, and with a review in five years to see how it is holding up. SECOND: The motion was seconded by Council Member Allen. VOTE: Mayor Pro Tem Whatcott called for a vote, and all voted aye. The motion carried. SET PUBLIC HEARINGS: Community Development Director Bob Nicholson advised that the Planning Commission, at its meeting held September 26, 2006, recommended that public hearings be scheduled for October 19, 2006 at 5:00 p.m. to consider: St. George City Council Minutes October 5, 2006 Page Sixteen 1. Approval to allow high density residential in certain commercial zones as a conditional use permit. 2. Approval to allow cheerleading, dance and tumbling in the M-2 zone as a conditional use permit. The Planning Commission recommended that public hearings be scheduled for November 2, 2006 at 5:00 p.m. to consider: 3. Amendment to the General Plan for the addition of an airport vicinity land use plan for the proposed replacement airport. 4. Approval of proposed amendments to the St. George City Code regarding the establishment of airport vicinity zones and land uses for such zones. 5. A request to amend the previously approved PD for The Ledges. 6. A zone change from A-1 to RE-12.5 on .50 acre located on 2800 South Street. MOTION: A motion was made by Council Member Allen to schedule the public hearings as recommended by the Planning Commission. SECOND: The motion was seconded by Council Member Bunker. VOTE: Mayor Pro Tem Whatcott called for a vote, and all voted aye. The motion carried. APPROVAL OF FINAL PLATS: Community Development Director Bob Nicholson advised that the Planning Commission recommended approval of the final plats for Oasis at Middleton and Escalera Phase 3. He explained that the Oasis at Middleton project consists of three lots. A driveway will have to be shared to the flag lots. Council Member Bunker expressed concern with people parking in the driveway and blocking access. City Attorney Shawn Guzman advised that the City can mandate no parking in the driveway for emergency vehicle access. City Manager Gary Esplin explained that the ordinance requires a 20' clear zone for emergency vehicle access and the City can enforce this requirement. A stipulation can be put in the motion that the Building Department or Fire Department will have to sign off on the project to make sure that access is protected for fire protection. LeeAnn Walters, applicant, explained that this has been addressed with the Fire Department. The lots are over one-third acre and there is plenty of room for the homes and parking. MOTION: A motion was made by Council Member Bunker to approve the final plats with the stipulation that the Oasis at Middleton plat be signed off by the Fire Department for access and the final configuration of the homes. SECOND: Mayor Pro Tem Whatcott seconded the motion. VOTE: Mayor Pro Tem Whatcott called for a vote, and all voted aye. The motion carried. CONDITIONAL USE PERMIT: Consider approval of a conditional use permit for a commercial building with a height up to 40' located at approximately 500 East Riverside Drive. Ence Homes, applicant. Assistant Planner Ray Snyder advised that the bulk of the building is beneath the 35' height limit, but a decorative portion of the building is 40' and prompts the need for the St. George City Council Minutes October 5, 2006 Page Seventeen conditional use permit. The Planning Commission recommended approval with the following conditions: 1. The building shall not exceed a maximum peak height of approximately 40' for a portion of the building, with the majority of the building height being only 30'. 2. The applicant shall meet the conditions of the traffic report approved by the City Traffic Engineer. 3. The material and colors shall be as presented. The elevator shaft exterior shall be slate, there shall be decorative cultured stone and stucco exteriors, the use of corrugated metal shall be subdued, roof top trim shall be painted metal, and all building colors shall be passive. MOTION: A motion to approve the conditional use permit subject to the recommendations of the Planning Commission was made by Mayor Pro Tem Whatcott. SECOND: The motion was seconded by Council Member Allen. VOTE: Mayor Pro Tem Whatcott called for a vote, and all voted aye. The motion carried. CONDITIONAL USE PERMIT: Consider approval of a conditional use permit for an electrical transmission system master plan to provide power throughout the City. Dixie REA and City of St. George, applicants. Assistant Planner Ray Snyder explained that a master plan is needed to meet the projected future electrical needs of the community. One of the areas of concern is the visibility along the I-15 corridor. The plan includes a 125 mile area. Four options were presented, and the Planning Commission recommended approval as follows: 1. Recommend approval of Option 1. 2. Transmission lines typically will not exceed 70' in height above the ground. 3. Utility corridors shall not exceed 50' in width and shall have access for service equipment. 4. Facilities (transmission lines and substations) shall be located approximately as shown on the Master Plan and any significant deviations will require review by the Planning Commission and City Council. 5. The City Council shall determine the time limitation for the master plan. 6. Poles are to be painted a color to be determined by the City Council. Energy Services Director Phil Solomon advised that he would bring paint samples for the City Council to look at, but the Cor-tan steel poles will last longer and look better than painted poles. Howard Dalton of Dixie REA urged approval of the master plan. Council Member Bunker commented that the Planning Commission looked at alternate routes, but there were none. MOTION: A motion was made by Council Member Bunker to approve the conditional use permit subject to the recommendations of the Planning Commission. SECOND: The motion was seconded by Mayor Pro Tem Whatcott. VOTE: Mayor Pro Tem Whatcott called for a vote, and all voted aye. The motion carried. HILLSIDE DEVELOPMENT PERMIT: Community Development Director Bob Nicholson explained that the Planning Commission recommended approval of a hillside development permit for a three story office building at 382 South Bluff Street subject to the recommendations of the Hillside Review Board. The Hillside Board visited the site, and the project meets the St. George City Council Minutes October 5, 2006 Page Eighteen requirements of the hillside ordinance. The Hillside Board recommended approval subject to the following conditions: 1. There shall be no disturbance of the hillside above the limits of the building itself. 2. A portion of the building?s rear wall shall be constructed to a minimum of 12" thick and be a minimum of 5' above grade to provide a rock fall barrier. 3. The extended wall design shall be started in the design plans. 4. Drainage shall be designed to convey drainage and seepage water from behind the concrete wall. 5. A temporary orange construction limit fencing shall be installed during all construction activities and shall then be removed upon certificate of occupancy. MOTION: A motion was made by Council Member Allen to approve the hillside development permit subject to the recommendations of the Hillside Review Board and Planning Commission. SECOND: The motion was seconded by Mayor Pro Tem Whatcott. VOTE: Mayor Pro Tem Whatcott called for a vote, and all voted aye. The motion carried. HILLSIDE DEVELOPMENT PERMIT: Community Development Director Bob Nicholson explained that the Planning Commission recommended approval of a hillside development permit for excavation work around the proposed Milepost 2 (Atkinville Interchange) on the east side of the proposed interchange subject to the recommendations of the Hillside Review Board. The Hillside Review Board recommends approval subject to the following conditions: 1. Permission is granted to remove hills 1 and 2 as presented (hills are located within the hillside overlay zone). 2. Permission is granted to remove hills 3 and 4 as presented (hills are located outside of the hillside overlay zone). 3. In addition to the removal of hills 1 and 2, any cuts over 10' shall require a grading plan and additional review by the Hillside Review Board. 4. Temporary orange construction limit fencing shall be installed during all construction activities. MOTION: A motion was made by Mayor Pro Tem Whatcott 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 Whatcott called for a vote, and all voted aye. The motion carried. HILLSIDE DEVELOPMENT PERMIT: Community Development Director Bob Nicholson explained the proposed trade of City property located behind Target with the Ence family for property in the Dixie Downs area to accommodate a park. Based on the history, the Hillside Review Board and Planning Commission agreed the request would be considered under the previous hillside ordinance similarly to the property to the north. The provisions of the old ordinance allow disturbance of slopes of 25-40%. The wall will be placed in a uniform location and meets the provisions of the prior ordinance. For stability, the applicant, Kevin Ence, is proposing use of natural boulders for the wall, with the bottom of the wall being made of stacked concrete blocks which the applicant would color black. The Hillside Review Board recommended approval subject to the following conditions: 1. The applicant shall comply with all provisions of the previous hillside ordinance that were in effect when this project was commenced. 2. The wall may start from the point of the previously approved stacked rock wall. The wall shall be stacked concrete blocks on the bottom tiers with a layer of natural rock on the top tier. St. George City Council Minutes October 5, 2006 Page Nineteen 3. The concrete block and natural rock shall be stained to match the natural volcanic rock. 4. Small ravines on the west side of the property may be removed as incidental and not a part of the hillside. The Planning Commission recommended approval subject to the recommendations of the Hillside Review Board. MOTION: A motion was made by Council Member Allen 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 Whatcott called for a vote, and all voted aye. The motion carried. RESOLUTION: Consider approval of a resolution approving the Washington County Water Conservancy District?s amended capital facilities plan. City Manager Gary Esplin explained that a change is being made to the capital facilities plan to determine impact fees by meter size vs. the way they wer...


City Council Minutes 10/20/2005:
...ried. AWARD OF BID: Consider award of bid for batteries for all City facilities. Purchasing Director Sue Swensen presented the bids received from A-1 Battery, Parts Plus, Interstate Battery and Dixie Battery for batteries for all City facilities and vehicles. She recommended award of the bid to the low bidder, A-1 Battery, in an amount not to exceed $39,176 for the year. MOTION: A motion was made by Council Member Gardner to award the bid to the low bidder, A-1 Battery, in an amount not to exceed $39,176 for the year. 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 police uniforms. Purchasing Director Sue Swensen presented the bids received from Farm Police, Uniform Center, and Grey Ham Enterprises. She recommended award of the bid to the two local vendors, Uniform Center and Grey Ham Enterprises, in the amount of $60,000 for the year. Staff will be instructed to use the lowest bidder first. MOTION: A motion was made by Council Member Whatcott to award the bid to Uniform Center and Grey Ham Enterprises in the amount of $60,000 for the year. 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 asphalt, concrete, sand and gravel. Purchasing Director Sue Swensen presented the bids received from Western Rock, Bryce Christensen, and So. Utah Asphalt. She recommended that contracts be established with all three vendors in order to obtain all the items needed in the amount of $75,000 each. MOTION: A motion was made by Council Member Gardner to award the bid to Western Rock, Bryce Christensen, and So. Utah Asphalt in the amount of $75,000 each. SECOND: The motion was seconded by Council Member Allen. Purchasing Agent Sue Swensen advised that last year the City spent $75,000 for these items. City Manager Gary Esplin explained that requisitions for these materials will be monitored by the Purchasing Director to make sure the City does not spend more than $75,000 total this year. St. George City Council Minutes October 20, 2005 Page Two VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. AWARD OF BID: Consider award of bid for signal design. Purchasing Director Sue Swensen advised that staff recommends approval of a contract with Project Engineering Consultants for design of traffic signals at Red Hills Parkway and 1000 East, River Road and 900 South, Dixie Drive and 600 West, and River Road and 1450 South, in the amount of $54,000 for design of the signals. City Engineer Dave Demas explained the warrant process for a traffic signal includes engineering studies and national standards are followed for their installation. MOTION: A motion was made by Council Member Bunker to award the bid to Project Engineering Consultants in the amount of $54,000 for design of the four signals. SECOND: The motion was seconded by Council Member Gardner. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. AWARD OF BID: Consider award of bid for seven vehicles for the Parks Department. Purchasing Director Sue Swensen advised that bids were received from Stanger Toyota, Stephen Wade, and Butterfield Ford. She recommended award of the bid to the low bidder, Butterfield Ford, in the amount of $95,230 under the state contract. City Manager Gary Esplin explained that the vehicles are for replacement of old vehicles, as well as for new employees. Council Member Gardner inquired if used vehicles would work just as well. City Manager Gary Esplin replied that an analysis has been done, and in the long run it is more cost effective to purchase new vehicles. MOTION: A motion was made by Council Member Gardner to award the bid to Butterfield Ford in the amount of $95,230 under the state contract. SECOND: The motion was seconded by Council Member Bunker. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. ORDINANCE: Consider approval of a net metering ordinance. City Manager Gary Esplin explained that at the last City Council meeting a net metering policy was adopted. Adoption of the ordinance will officially set the net metering program in place. MOTION: A motion was made by Council Member Gardner to approve the ordinance. SECOND: The motion was seconded by Council Member Allen. VOTE: Mayor McArthur called for a roll call vote, as follows: Council Member Gardner - aye Council Member Allen - aye Council Member Bunker - aye Council Member Whatcott - aye The vote was unanimous and the motion carried. RESOLUTION: Consider approval of a resolution adopting fees for studies required under the net metering policy. City Manager Gary Esplin explained that fees are necessary to cover the cost of studies to be performed by City staff before a net metering customer can be connected to the City system. The fee for an impact study is $65.00 per hour, and the fee to evaluate the proposed interconnection is $65.00 per hour. Conservation Coordinator Ren? Fleming explained that the $65.00 per hour fee was consistent with the City?s other billing policies. City staff has been working with a local electrical contractor who has experience with solar energy. Sheldon Johnson has installed a 3 kW system on his home and it is functioning well. MOTION: A motion was made by Council Member Allen to approve the resolution. SECOND: The motion was seconded by Council Member Whatcott. VOTE: Mayor McArthur called for a roll call vote, as follows: Council Member Allen - aye Council Member Whatcott - aye Council Member Bunker - aye Council Member Gardner - aye The vote was unanimous and the motion carried. RESOLUTION: Consider approval of a resolution appointing election judges for the 2005 municipal general election. St. George City Council Minutes October 20, 2005 Page Three City Manager Gary Esplin explained that a few new election judges have been added to the list previously adopted for the primary election. MOTION: A motion was made by Council Member Gardner 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 Gardner - aye Council Member Bunker - aye Council Member Whatcott - aye Council Member Allen - aye The vote was unanimous and the motion carried. RESOLUTION: Consider approval of a resolution abandoning a utility and drainage easement along the easterly lines of Lots 16, 17 and 18 in the Millcreek Industrial Park. City Manager Gary Esplin explained that the property owners request an abandonment of easements in order to revise their lots. Staff has reviewed the request and finds that other easements being given to the City will be adequate, and recommend approval. MOTION: A motion was made by Council Member Whatcott 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 Whatcott - aye Council Member Allen - aye Council Member Bunker - aye Council Member Gardner - aye The vote was unanimous and the motion carried. BEER LICENSE AND LOCAL CONSENT: Consider approval of a beer license and local consent for a restaurant liquor license for the new Ruby River Steakhouse. Steve F. Lowe, applicant. City Manager Gary Esplin explained that the application was in order and staff recommends approval. An unidentified gentleman in the audience advised that the Ruby River Steakhouse would be opening mid-November. MOTION: A motion was made by Council Member Allen to approve the beer license and local consent for a restaurant liquor license. SECOND: The motion was seconded by Council Member Bunker. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. SPECIAL EVENT PERMIT: Consider approval of a special event permit for a public party at Entrada. Outland Productions, applicant. City Manager Gary Esplin explained that the security plan had been reviewed by both the police and fire departments. Chad Hardy, applicant, explained that is also the producer of the Downtown Thursday Night events and is a professional party planner. He is planning a party at Entrada called the Ultra Lounge, with ticketing done through Smithtix. No tickets will be sold at the door. Parking, insurance and security issues have all been worked out. There will be a cash bar, but Entrada will be in charge of that. All music will be inside the facility. City Manager Gary Esplin inquired if attendees would have to purchase a membership to Entrada in order to attend. Mr. Hardy replied that no, Entrada is simply renting space to him, while providing the food and cash bar. He reiterated that all music would be held indoors. Council Member Bunker expressed concern that neighbors may be bothered by the noise. Mr. Hardy replied that Entrada holds special events all the time, and he will make sure that anything noisy will remain indoors. Council Member Bunker expressed concern with lighting. Mr. Hardy replied that outside lighting would be dim through use of string lights and tiki torches. His target audience is mid to late 20's. Council Member Gardner advised he was assured by Mr. Hardy that the event would not turn into a rave party. Mr. Hardy replied that all ID will be checked at the door. MOTION: A motion was made by Council Member Gardner to approve the special event permit. SECOND: The motion was seconded by Council Member Whatcott. St. George City Council Minutes October 20, 2005 Page Four VOTE: Mayor McArthur called for a vote, and all voted aye. SIGN VARIANCE: Consider approval of a sign variance for a 20' pole sign at Basila?s Caf? located at 1013 East on 700 South Street. Mike Hamlin for Rainbow Signs, applicant. City Manager Gary Esplin explained that staff has denied the applicant?s request for a pole sign because 700 South is not a street designated for pole signs. None of the stores or office buildings located in this area have pole signs, and staff does not want to set a precedent. The applicants are appealing staff?s decision. Steve Davis, representing Rainbow Signs, advised that the applicants propose a 20' pole sign because a pole sign was located there in the past. The reason it is needed is because the parking lines right up in front of the sign location and any sign needs to be taller than 10' in order to be seen. The sign proposed is only 50 sq. ft. and is not too big or intrusive. City Manager Gary Esplin explained that staff is concerned about being consistent. Council Member Whatcott commented he had a hard time with the proposed 20' pole sign. He inquired if there were a way to make the sign look like a monument sign and bring it down five to seven feet in height. He commented he struggled approving a pole sign on a street that now did not have any. A brief discussion took place with regard to the width of the pedestal base and pole. Council Member Allen suggested the sign be brought down to a height of 12'. Mr. Davis replied that he could work up some drawings for Council review. Council Member Gardner suggested that staff review the drawings. MOTION: A motion was made by Council Member Whatcott to approve the sign up to a height of 12'. SECOND: The motion was seconded by Council Member Allen. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. Mr. Davis was advised that the pole sign must have cladding and landscaping to make it attractive. PUBLIC HEARING/PRELIMINARY PLAT: Public hearing to consider approval of the preliminary plat for Escalera Estates located at 1900 East and Middleton Drive in a RE-12.5 zone. Peter Blake, applicant. Community Development Director Bob Nicholson explained that the plat consists of six lots, all approximately one-half acre. There are noxious weeds located on the land which the County Agent has asked the owner to remove. The Planning Commission recommends approval. Julie Blake, applicant, advised that she was aware of the weeds and the Fire Department had burned them. She will continue to take care of them. Mayor McArthur opened the public hearing. There being no public comment, he closed the public hearing. 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. AGREEMENT: Consider approval of an amendment to a UAMPS Joint Operating and Cooperation agreement. City Manager Gary Esplin explained that UAMPS is looking into building another phase of the IPP project, and if the participants not currently represented want to have some kind of representation. This amendment would allow non-equity members to have a voice in the project and representation on the board for that specific project but would only be able to vote on the project they have ownership in. Staff recommends approval. MOTION: A motion was made by Council Member Whatcott 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. AIRPORT GROUND LEASE: Consider approval of an airport ground lease to John C. Hunter. City Manager Gary Esplin explained that John Hunter would like to take over hangar space from Steve Roundy and extend the lease to five years. The Airport Board recommends approval. MOTION: A motion was made by Council Member Gardner to approve the lease. SECOND: The motion was seconded by Council Member Whatcott. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. St. George City Council Minutes October 20, 2005 Page Five Airport Manager Mike LaPier reported on the public hearing for the new airport held last evening at the Dixie Center. AMENDMENT TO AGREEMENT: Consider approval of an amendment to the EIS Consulting Agreement with Landrum & Brown. City Manager Gary Esplin advised that the City?s cost would be $29,000, with the balance being paid by the FAA. Airport Manager Mike LaPier advised that much of the amendment is for printing of the draft EIS. One more round of printing will be needed for the final document. City Manager Gary Esplin encouraged anyone interested to send in comments on the EIS. MOTION: A motion was made by Council Member Gardner to approve the amendment. SECOND: The motion was seconded by Council Member Allen. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. PROFESSIONAL SERVICES CONTRACT: Consider approval of a professional services contract with Kenyon Consulting to act as agent to purchase land and air easements for the replacement airport. City Manager Gary Esplin explained that the City has previously had an agreement with Kenyon Consulting to help purchase easements for the new airport. Staff recommends hiring them again to help purchase land for the airport. Airport Manager Mike LaPier commented that Kenyon Consulting will assist the City in purchasing seven parcels of land for the new airport. MOTION: A motion was made by Council Member Gardner to approve the contract. SECOND: The motion was seconded by Council Member Bunker. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. SET PUBLIC HEARINGS: Community Development Director Bob Nicholson advised that the Planning Commission, at its meeting held October 11, 2005, recommended that public hearings be scheduled for November 17, 2005 at 5:00 p.m. to consider (1) a zone change from R-2 and C-3 to PD Residential on 32.89 acres located southeast of the Riverside Drive and Foremaster Drive intersection, and (2) a zone change from R-1-10 and R-3 to R-1-8 on 24.66 acres located south of Foremaster Ridge between the new portion of Riverside Drive and the Virgin River at 2000 East Riverside Drive. MOTION: A motion was made by Council Member Allen to schedule the public hearings as recommended by the Planning Commission. 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: Community Development Director Bob Nicholson advised that the Planning Commission, at its meeting held October 11, 2005, recommended approval of the final plats for (1) a portion of 3000 East Street between 2450 South and Seegmiller Road, and (2) Bridle Gate Estates Phase 1. MOTION: A motion was made by Council Member Gardner to approve the final plats. SECOND: The motion was seconded by Council Member Whatcott. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. Mr. Nicholson inquired if the City Council wanted to review the issue of car lots in residential areas. It was the consensus of the City Council to schedule this matter for a discussion. CONDITIONAL USE PERMIT: Consider approval of a conditional use permit for a car sales lot and ATV rental operation located at the northeast corner of the intersection of 700 South and 1100 East. W.D. Auto, LLC, applicant. Assistant Planner Ray Snyder explained that the Planning Commission recommended approval subject to the following conditions: 1. Pave and stripe for a minimum of nine (9) parking spaces per plan. 2. Submit a site plan review application to engineering to ensure requirements are met through the plan check process. 3. The full 2,500 sq. ft. building may not be used as a retail business unless a total of ten (10) parking spaces are provided. 4. Landscaping to be installed per plan submitted October 4, 2005 and replace dead ash trees along 1100 East. 5. Lighting not to exceed the footcandles indicated on the photometric plan submitted on October 4, 2005. 6. A minimum 19.22' drive aisle on the east side of the building shall be maintained for access to the rear of the property at all times. 7. Signage shall be under separate agreement. 8. A maximum number of 21 items displayed either for sale or rental, which includes automobiles, ATV recreational vehicles, and scooters and meet parking standards (no display vehicles to be parked in designated employee, employer, or customer parking spaces). St. George City Council Minutes October 20, 2005 Page Six 9. No parking in the landscape. 10. Comply with the landscape plan provided. Rick Rosenberg, representing the applicant, explained that the block wall will remain in place to protect the landscaping strip behind the wall and to preserve the trees. He stated the applicant would like to be able to display ATVs and scooters which do not take up as much space as a vehicle. In fact, 12 scooters could be placed in one parking space. Council Member Gardner suggested that rather than limiting the number of display vehicles, the applicant be allowed to display an appropriate number of vehicles. Mr. Rosenberg advised that the applicant would not be selling travel trailers or motorhomes. There is also additional parking on 1100 East. Council Member Bunker inquired if an entrance off 1100 East had been considered. Mr. Rosenberg replied that an access off 1100 East would require removal of trees, landscape strip, and wall. The applicant would like to keep the existing circular driveway in front of the building as an access point. MOTION: A motion to approve the request subject to site usage dictated by the layout of parking, rather than by counting the number of ATVs or vehicles was made by Council Member Gardner. SECOND: The motion was seconded by Council Member Allen. Mayor McArthur inquired if the subject of cross easements with the property next door had been discussed in the Planning Commission meeting. Mr. Snyder replied that the subject did not come up. Council Member Whatcott commented that a cross access easement would eliminate display area for the property next door. City Manager Gary Esplin inquired whether the motion for approval included the stipulations recommended by the Planning Commission. Council Member Gardner replied that the stipulations were included in the motion. Council Member Whatcott commented that not limiting the number of display vehicles, but rather to allow the applicant to display as many as he could pack into 21 parking stalls, would not be fair to the auto dealer next door who did everything he was supposed to do, including landscaping. He commented he felt there needed to be a limit on the number of display vehicles, or parking should be eliminated on 1100 East. City Manager Gary Esplin stated that the City would not want to eliminate parking on 1100 East as it is used for the adjacent park. Mr. Snyder clarified that the applicant would like to use the property for car sales, rentals, and retail. Mr. Rosenberg advised that the retail would include sales of wheels, trim, rims, and catalog sales. City Manager Gary Esplin commented that if the retail portion of the business was successful, there would be no parking for those customers who come to look at the cars. He expressed concern that there would be too many uses on a small piece of property. However, the conditional use permit can be revoked if the plan does not work. Deputy City Attorney Ron Read suggested that the number of display vehicles allowed be clarified, such as defining two ATVs as one vehicle for purposes of display parking. The parking requirements cannot be left open-ended, as this would violate the City?s ordinance. SUBSTITUTE MOTION A motion was made by Council Member Gardner to approve the conditional use permit, defining three scooters and two ATVs as being equal to one car for purposes of display parking. SECOND: The motion was seconded by Council Member Whatcott. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. CONDITIONAL USE PERMIT: Consider approval of a conditional use permit to expand the existing car sales lot at the southwest corner of St. George Blvd. and 700 East. Skyler Lawrence for Merv Cox, applicant. Assistant Planner Ray Snyder explained that the Planning Commission, at its meeting held October 11, 2005, recommended approval of the conditional use permit subject to the following conditions: 1. Meet parking standards and not to exceed 21 displayed vehicles or items. 2. Signage is a separate agreement and subject to the sign ordinance. 3. Photometric plan not to exceed a maximum of 42 footcandles (light intensity). 4. Paint and stripe the parking spaces. 5. No parking in the landscape areas. 6. Plant a minimum of at least six southern oak trees on the south side of the new building in the planter strip. 7. Office space limited to 1,470 sq. ft. St. George City Council Minutes October 20, 2005 Page Seven 8. No display vehicles to be parked in designated employee or employer or customer parking spaces. 9. Provide parking bumpers on the parking lot to protect street trees. Mr. Snyder explained that the applicant will tear down the existing building and build a new one to City standards. The Planning Commission recommended approval of a the reduced setback. The applicant proposes four uses for the new building: used car sales office, travel agency, accounting office and two hotel units. City Manager Gary Esplin inquired if there had been discussion at the Planning Commission meeting on the units being operated as an apartment rather than a motel. Mr. Snyder replied that this was not discussed at the Planning Commission meeting. City Manager Gary Esplin commented that the parking requirements for a motel vs. apartment are different. Mr. Snyder replied that the site had adequate parking for all uses. Council Member Whatcott inquired if there was a wall or just a curbing strip between the motel and car lot. Eric McFadden, representing Rosenberg Association, replied that a 3' retaining wall was planned. Council Member Whatcott commented he felt it was odd that motel units were being attached to an auto dealership, and suggested that a wall be built separating the two. Mr. Snyder replied that the new building will not have upstairs apartments. City Manager Gary Esplin clarified that the applicant can use the new units as motel units, but they could not be rented out as apartment units. Deputy City Attorney Ron Read clarified that the project was presented to the Planning Commission as one parcel with several different uses. A shared parking agreement would be needed if the parcels were separated. Ray Snyder commented that the applicant would not be opposed to building a retaining wall all the way down to separate the uses. Eric McFadden commented that a 5'-6' wall could be built. MOTION: A motion was made by Council Member Whatcott to approve the conditional use permit subject to the recommendations of the Planning Commission, as well as building a wall for separation as discussed. SECOND: The motion was seconded by Council Member Gardner. VOTE: Mayor McArthur called for a vote, as follows: Council Member Whatcott - aye Council Member Gardner - aye Council Member Orton - aye Council Member Allen - aye Council Member Bunker - no The motion carried. CAPITAL FACILITIES PLAN FOR POOLING: Consider approval of a capital facilities plan for pooling. This item was tabled. APPROVAL OF MINUT...


City Council Minutes 08/18/2005:
...solution adopting the CityCache fee schedule for rates at Leisure Services facilities. Marc Mortensen, Assistant to the City Manager, explained that the CacheCard will be launched September 1 for leisure services activities. The golf plus card will be implemented October 1. Prices are consistent with the punch card rate. MOTION: A motion was made by Council Member Bunker to approve the resolution. SECOND: The motion was seconded by Council Member Gardner. VOTE: Mayor McArthur called for a roll call vote, as follows: Council Member Bunker - aye Council Member Gardner - aye Council Member Whatcott - aye Council Member Allen - aye Council Member Orton - aye The vote was unanimous and the motion carried. RESOLUTION: Consider approval of a resolution revising the development fee schedule. City Manager Gary Esplin explained the changes to the development fee schedule, attached hereto as Exhibit ?A?. MOTION: A motion was made by Council Member Gardner to approve the resolution, explaining that while he was opposed to the increased fees, he realized that more staff was needed. SECOND: The motion was seconded by Council Member Orton. VOTE: Mayor McArthur called for a roll call vote, as follows: Council Member Gardner - aye Council Member Orton - aye Council Member Allen - aye Council Member Whatcott - aye Council Member Bunker - aye The vote was unanimous and the motion carried. St. George City Council Minutes August 18, 2005 Page Three ORDINANCE: Consider approval of an ordinance changing the zone from R-1-10 to R-3 on .347 acres located at the southeast corner of the intersection of 250 West and 950 South. Community Development Director Bob Nicholson explained that this request came before the City Council three to four months ago and a public hearing was held, but the matter was tabled due to a problem with the legal description. The Planning Commission recommends approval. MOTION: A motion was made by Council Member Orton to approve the zone change by ordinance. SECOND: The motion was seconded by Council Member Bunker. VOTE: Mayor McArthur called for a roll call vote, as follows: Council Member Orton - aye Council Member Bunker - aye Council Member Whatcott - aye Council Member Allen - aye Council Member Gardner - aye The vote was unanimous and the motion carried. SET PUBLIC HEARINGS: Associate Planner Mark Bradley explained that the Planning Commission, at its meeting held August 9, 2005, recommended that public hearings be scheduled for September 1, 2005 at 5:00 p.m. to consider (A) a request to amend and extend the final plat for Tonaquint Office Campus Phase 1, located at 1600 South Dixie Drive, to increase the size of Lot 2 and Lot 3 and relocate Lot 3 so the building will be out of the 100 year floodplain, and (2) a request to amend the final plat for Tonaquint Hills Phase 1, located at 1500 South west of Dixie Drive, to revise the west boundary line and eliminate Lot 4 and Lot 5. MOTION: A motion was made by Council Member Gardner to set the public hearings as recommended by the Planning Commission. SECOND: The motion was seconded by Council Member Allen. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. SET PUBLIC HEARINGS: Associate Planner Mark Bradley explained that the Planning Commission, at its meeting held August 9, 2005, recommended that public hearings be scheduled for September 22, 2005 at 5:00 p.m. to consider (A) a zone change request from A-20 to R-1-10 on 19.328 acres located at 1000 South and 3000 East, (B) a zone change request from R-2 to C-1 on 0.201 acre located at 243 North 400 West, (C) a zone change request from PD to R-1-10 on 1.88 acres located at 1100 East at 1000 South, (D) a zone change request from R-1-10 to C-2 on 0.56 acres located at approximately 100 South and 1470 East, southeast of Settler?s RV Park, and (E) a request to amend Title 10, Chapter 7, St. George City Code, to make modifications and include a section on architectural standards. MOTION: A motion was made by Council Member Gardner to set the public hearings as recommended by the Planning Commission. 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: Associate Planner Mark Bradley explained that the Planning Commission, at its meeting held August 9, 2005, recommended approval of the final plats for Bellsera Townhomes at Sunbrook Phase 4 and The Terraces at Seven Hills Phase 3. MOTION: A motion was made by Council Member Orton to approve the plats and authorize the Mayor to sign them. SECOND: The motion was seconded by Council Member Gardner. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. LOT SPLIT: Assistant Planner Ray Snyder explained that the Planning Commission, at its meeting held August 9, 2005, recommended approval of a request to divide a parcel of land into two parcels at 55 South Bluff Street subject to their standard conditions. Mr. and Mrs. Wells are the applicants. MOTION: A motion was made by Council Member Gardner to approve the lot split subject to the recommendations of the Planning Commission. SECOND: The motion was seconded by Council Member Orton. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. LOT SPLIT: Assistant Planner Ray Snyder explained that the Planning Commission, at its meeting held August 9, 2005, recommended approval of a request to divide a parcel of land into two parcels at 1700 South Convention Center Drive between the Fairfield Inn and the St. George City Council Minutes August 18, 2005 Page Four Dixie Center parking lot, subject to the following conditions: 1. Provide separate deeds for each parcel. 2. In addition to the legal descriptions on the record of survey filed with the County Recorder, provide the City with separate 8.5 x 11 legal descriptions for each parcel. 3. A utilities and drainage easement shall be completed, notarized, and recorded. 4. The City Attorney?s Office shall review and determine if a reciprocal access agreement is required. 5. The applicant shall submit for review all legal documents to the City Attorney?s Office. Cracker Barrrel Old Country Store Inc., applicant. MOTION: A motion was made by Council Member Allen to approve the lot split subject to the recommendations of the Planning Commission. SECOND: The motion was seconded by Council Member Whatcott. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. SITE PLAN AND BUILDING ELEVATION: Assistant Planner Ray Snyder advised that the Planning Commission, at its August 9, 2005 meeting, recommended approval of the site plan and building elevations for a proposed office building (building ?C?) at the Tonaquint Office Campus Phase 1 Subdivision located at 1600 South and Dixie Drive and within a PD Commercial zone. MOTION: A motion was made by Council Member Gardner to approve the site plan and building elevations. SECOND: The motion was seconded by Council Member Whatcott. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. SITE PLAN AND BUILDING ELEVATION: Assistant Planner Ray Snyder advised that the Planning Commission, at its August 9, 2005 meeting, recommended approval of the site plan and building elevations for a proposed office building (Lot #1) at the Tonaquint Hills Phase 1 Subdivision located at Silicone Circle and Silicone way, west of Dixie Drive at approximately 1500 South within a PD Commercial zone. MOTION: A motion was made by Council Member Gardner to approve the site plan and building elevations. SECOND: The motion was seconded by Council Member Orton. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. CONDITIONAL USE PERMIT: Consider approval of a conditional use permit for wireless communication facilities as follows: (1) a 100' tower at 3292 Desert Drive within the Millcreek Industrial Park, (2) rooftop antennas on an existing building at 1871 West Canyon View Drive, and (3) co-locate an existing cell tower site with a new tower and new equipment building located southwest of the Snow Canyon Parkway and Bluff Street intersection. Cingular Wireless, applicant. Assistant Planner Ray Snyder explained that the Planning Commission recommended approval of a request to locate a 100' communications tower on Deseret Drive in the industrial park. After discussion, it was the consensus of the City Council to table all three requests from Cingular Wireless until the applicant was present. CONDITIONAL USE PERMIT: Consider approval of a conditional use permit for a day care and preschool for up to 16 children at 256 South 500 East. Jeanne Layton, applicant. Assistant Planner Ray Snyder explained that the Planning Commission, at its August 9, 2005 meeting, recommended approval. He advised that there was, however, some neighborhood opposition. Council Member Allen commented that a conditional use permit could be revoked if the conditions of its issuance are not adhered to. MOTION: A motion was made by Council Member Allen to approve the conditional use permit. SECOND: The motion was seconded by Council Member Bunker, who requested that a condition be added to the motion that the circular driveway be installed within six months. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. St. George City Council Minutes August 18, 2005 Page Five CONDITIONAL USE PERMIT: Consider approval of a conditional use permit to construct a three story office building to a height of 42 feet and a decorative cupola roof height of 70 feet located at 100 East 50 South. Brent Gardner, applicant. Assistant Planner Ray Snyder explained that the Planning Commission, at its meeting held August 9, 2005, recommended approval subject to the following conditions: 1. A maximum midpoint height of 42' and maximum cupola roof height of 70'. 2. The front setback shall be 10'. 3. A Site Plan Review application along with four sets of plans shall be submitted to the Engineering Department for standard plan check review. 4. Provide a minimum of 75 parking spaces. 5. The City Attorney will determine if a shared parking agreement will be required with the properties to the north or south. 6. All signing and striping with regard to traffic shall conform to City and MUTCD standards. MOTION: A motion was made by Council Member Bunker to approve the conditional use permit subject to the recommendations of the Planning Commission. 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/AMEND PD ZONE/ORDINANCE: Public hearing to consider a request to amend the Sienna Park Condominium portion of the Stonebridge Planned Development zone at 271 N. Country Lane (west of Dixie Drive) to revise the site plan and building elevations. Richard Staples, applicant. Mayor McArthur explained that this item was on a previous agenda but was continued to this meeting in order to make a site visit. Council Member Bunker inquired of the applicant why the units closest to the road could not be two stories instead of three stories. Rick Rosenberg, representing the applicant, replied that the unit closest to the road will be two stories instead of three stories, the other units will be sloped down to the road, and they have done everything they can to drop the three story buildings. MOTION: A motion was made by Council Member Whatcott to approve the request by ordinance. SECOND: The motion was seconded by Council Member Orton. VOTE: Mayor McArthur called for a roll call vote, as follows: Council Member Whatcott - aye Council Member Orton - aye Council Member Allen - aye Council Member Gardner - aye Council Member Bunker - aye The vote was unanimous and the motion carried. PUBLIC HEARING/ZONE CHANGE/ORDINANCE: Public hearing to consider a request for a zone change from OS and M&G to PD Residential on 567.11 acres and to amend the existing Sun River PD zone by adding said acreage to the Sun River development, located west of I-15. Darcy Stewart and SITLA, applicants. Community Development Director Bob Nicholson explained that this item was on an agenda in June but was tabled due to several unresolved issues. The request has been scaled back from the original request. The Planning Commission recommends approval subject to eight conditions recommended by the Traffic Engineer: 1. Preserve right-of-way and provide right turn deceleration lanes at intersections along Pioneer Road and Sun River Parkway. These Pioneer Road intersections include Arrowhead Canyon Drive, Bluegrass Way, Havasu Drive, and future commercial driveways (in both the northbound and southbound directions). These Sun River Parkway intersections include Arrowhead Canyon Drive, Country Club Drive, Ironwood Drive, Big River Drive, and Wide River Drive (in both the eastbound and westbound directions). Many of these Sun River Parkway intersections have already met this requirement. 2. Provide left turn lanes where left turns are anticipated. The submitted Access Management Plan by Orth Rodgers in 2004 has specified where left turns are not permitted in future Sun River phases. 3. Participate in the solution that comes from UDOT?s analysis of the roundabouts at Milepost 4 to improve capacity issues. This may include re-striping, removing curb, gutter, and sidewalk, and widening with asphalt at the east ?teardrop? St. George City Council Minutes August 18, 2005 Page Six roundabout. The purpose would be to maintain the existing LSO of the roundabout and teardrop. 4. Provide a traffic signal at Man O War and Pioneer Road when warranted which may be when Phase I is nearly completed. 5. The Atkinville interchange will be designed for construction during the next 12 months. Right of way requirements will be made known near the end of this 12 month process. It will be expected that future land planning by either Sun River or SITLA will be aware that right-of-way will be required and that no land use plans have been or will be approved adjacent to I-15 until such time these right-of-way requirements are known. 6. Provide adequate site distance at all intersections per AASHTO guidelines. 7. All signing and striping shall conform to City and MUTCD standards. 8. No other phases of Sun River are to be approved until the Atkinville interchange at Milepost 2 has been or is clearly scheduled to be completed. Mr. Nicholson explained that Phase 1 contains 1,598 homes, 681 of which are already built. The applicant understands and agreed with the eight conditions recommended by the traffic engineer. The applicant is also requesting that the old standard of 8' setbacks to the dwelling unit and 18' to the garage be approved, rather than the City?s new standard of a 10' setback to the dwelling unit and 20' to the garage. Mayor McArthur opened the public hearing. Edward Southwick inquired how many acres were dedicated to open space. Rick Rosenberg replied that 166 acres are in golf course, 81 acres are non-floodway open space on the hillsides, and 34.5 acres are in the floodway. Council Member Gardner explained that when the property was annexed into the City, it was zoned Open Space as a holding zone and was never intended to remain in open space. The City?s holding zone is now Mining and Grazing. There being no further public comment, Mayor McArthur closed the public hearing. Council Member Bunker expressed dismay at approving 917 more units in the area due to the increased traffic on the roundabouts. City Manager Gary Esplin advised the units would be phased in and not built all at once. The Atkinville interchange will be under construction by next summer or fall. Mr. Rosenberg commented that the traffic study indicates there is still some ability to grow, and it will be a long time until an increase in traffic will be seen. Council Member Whatcott inquired of staff its recommendation as far as the setback request. Community Development Director Bob Nicholson replied that 10' and 20' setbacks were better. MOTION: A motion was made by Council Member Orton to approve the request with the City?s current setbacks of 10' and 20' and subject to the eight recommendations of the City?s traffic engineer. SECOND: The motion was seconded by Council Member Allen. VOTE: Mayor McArthur called for a roll call vote, as follows: Council Member Orton - aye Council Member Allen - aye Council Member Gardner - aye Council Member Whatcott - aye Council Member Bunker - no The motion carried. Community Development Director Bob Nicholson commented that the final legal description will be for less than 500 acres. PUBLIC HEARING/PRELIMINARY PLAT: Public hearing to consider approval of the preliminary plat for Crystal Springs at Sunbrook located east of Crystal Lakes Subdivision. Ence Homes, applicant. Community Development Director Bob Nicholson explained that 20 units are proposed for a density of 3.8 units per acre with a private street. The Planning Commission recommends approval subject to (1) compliance with the 30% landscape requirement, 200 sq. ft. useable/recreation/open space area, (2) determining the increase in units from 19 is not a significant change, and (3) finalize a road maintenance agreement with Crystal Lakes prior to the City Council meeting. St. George City Council Minutes August 18, 2005 Page Seven Mayor McArthur opened the public hearing. Paul Carter, President of the Crystal Lakes Homeowners Association, advised that the agreement for road maintenance has been drawn up but not signed. He requested the matter be tabled until it is signed. There being no further public comment, Mayor McArthur closed the public hearing. MOTION: A motion was made by Council Member Orton to approve the preliminary plat subject to the road maintenance agreement being signed, and the other stipulations recommended by the Planning Commission SECOND: The motion was seconded by Council Member Bunker. VOTE: Mayor McArthur called for a roll call vote, as follows: Council Member Orton - aye Council Member Bunker - aye Council Member Allen - aye Council Member Gardner - aye Council Member Whatcott - aye The vote was unanimous and the motion carried. PUBLIC HEARING/AMEND CITY CODE/ORDINANCE: Public hearing to consider a request to amend Title 10, Chapters 2, 5 and 7, St. George City Code, to allow for a guest house as a permitted use subject to certain standards. Assistant Planner Ray Snyder explained that several PDs within the City allow casitas, and staff receives many requests from residents wanting to add another dwelling unit on his or her property. Mayor McArthur opened the public hearing. Edward Southwick stated he felt the proposed amendment would increase density all over the City, and if the general public was aware of the proposed amendment, they would be in an outrage. City Manager Gary Esplin replied that an advertised public hearing was held by the Planning Commission, this public hearing was advertised in the newspaper, and there has not been any public outcry. Mr. Southwick commented that the City would not be able to enforce the proposed amendment, and he was against it. Carol Sapp, representing the Southern Utah Homebuilders Association, commented that the proposed amendment limits the number of lots which would be able to be used for this purpose by requiring a minimum lot size and setbacks. However, the proposed wording was problematic in terms of cooking facilities, and there should not be a reference to specifications on kitchen facilities. She stated she felt the amendment was needed and was a good id...


Planning Commission Minutes 12/08/2009:
...k up power and they have directed the public that they can go to the local facilities and have access to emergency services. This one will have back up power that will run the entire building.Commissioner Taylor asked how the station compares in size to the other stations around the area. He said there is a large area of growth out there and he wanted to be sure that it can handle all of the growth as it comes in.Kevin Taylor said they tried to design the size and configuration so that in the future administrations won’t have to add onto them. They anticipated possible hazard material responses along the freeway. He went on to say that the number of stations is dictated by how the insurance grades them. They have tried to strategically place this building. The insurance company’s measure distances by actual road miles. There is a community down there now that needs these services. MOTION: Commissioner Campbell made a motion to approve item # 3. Commissioner Taylor seconded it. All voted aye, motion passes. 4. DETERMINE USEDetermine whether an adult daycare use is substantially similar to a permitted child day care use in a residential neighborhood; Title 3 Chapter 7 “Home Occupations,” Section 3-7-4 “Categories of Permitted and Non-permitted Uses,” 3-7-4 (B) “Permitted” which permits Family Day Care (for 8 children or less) and/or is substantially similar to Section 10-7A-3 “Conditional; Uses,” for a “Child Nursery,” which permits a Day Child Care (with an approved CUP for 9 children or more). Kent Humphery and Carrie Humphrey applicants, Farris & Utley attorneys at law, representative. Case No. 2009-DU-002.This determine use was presented by Ray Snyder. He said staff is used to seeing child care centers. If there are 8 children are less, they come to the planning department under the home occupation permit for a business license and we review it with them at the staff level. This request is to see if adult senior day care is substantially similar to a permitted child day care use in a residential neighborhood.Ordinance(s) quoted are: Title 3 Chapter 7 “Home Occupations,” Section 3-7-4 “Categories of Permitted and Non-permitted Uses,” 3-7-4 (B) “Permitted” which permits Family Day Care (for 8 children or less).Title 10 Chapter 7A”Residential Zones,” Section 10-7A-3 “Conditional; Uses,” for a “Child Nursery,” which permits a Day Child Care (with an approved CUP for 9 children or more). Issues include the following: Is an adult day care substantially similar to a child day care in a residential zone? If so is it a permitted use with a home occupancy permit for 8 adults or less?Is an adult day care substantially similar to a child day care in a residential zone? If so is it a conditional use for 9 adults or more?Does the language in Section 10-7A-3; "Child nursery" as defined in section 10-2-1 of this title. The dwelling shall be the permanent residence of the operator. The planning commission will determine the maximum number of children to be allowed depending upon specific conditions relating to the request. Parking shall be as required by the planning commission. All other requirements of the zone shall be complied with.” apply to a senior day care facility? Should the dwelling be the permanent residence of the operator? Should the Planning Commission determine the maximum number of adults to be allowed depending upon specific conditions? What parking requirements should apply?Should the zoning ordinance be amended to specifically address senior day care in single family residential zones as its own line item?This determination will affect all single family residential zones city wide. However, the applicants are interested in operating an adult day care at 50 South 2300 East.Ray said there is a letter attached to the report from their attorney’s Farris & Utley.Assistant City Attorney Joseph Farnsworth commented that the question is whether the impact on the neighborhood for a senior day care is similar to the impact of a child nursery. Therefore if the Planning Commission determines it to be so, should the code be amended to add senior day care. Chad Utley came to the podium along with Carrie Humpherys, the applicant, and he said this is an adult day care, not an adult health day care. The adult day care that they are asking for is simply a social place where seniors who are taken care of by their families would come for respite for the caretakers and or to allow the caretakers to work outside the home. These clients ideally are the ones who are in need of friendship and stimulation in a different environment. They could be physically or cognitively challenged to a certain degree. They must be ambulatory either by use of a cane or a walker. They may be in the early stages of Alzheimer’s. Services such as arts and crafts, music and entertainment, gentle exercise and nutritional meals would be given. Commissioner Taylor questioned the hours, if basically it would be from 7 a.m. to 6 p.m., similar to the hours you would find in a child day care setting. The answer was that this was correct. He also wanted to specify that the resident of the home would be the care giver. Attorney Utley said that this would be operated out of their personal residence. They are residents in the home.Commissioner Campbell asked about parking and if any of the clients would be driving. It was pointed out that there would be sufficient parking at this residence to meet the ordinance, however they do not anticipate that any of the client would be driving; they would be dropped off and picked up by their loved ones. Assistant City Attorney Joseph Farnsworth said that this is different than item # 5 which will not be considered by the Planning Commission tonight. Item # 4 is just looking at the ordinance. Carrie Humphrey’s said she is doing this because her parents are taking care of her 90 year old and 80 year old grandmothers. The reason her parents can do this is because they can put them in a day care. These elderly are not ready to go into a medical, supervised facility however they need someone to be sure that they are supervised and fed as well as being stimulated. She said if another peer is sitting with them, the elderly will eat, otherwise they won’t and this is called geriatric anorexia. She is currently in the process of getting her CNA. Attorney Utley said there are no licensed elder day care facilities south of Richfield according to the State website.Carrie said they will be on set schedules and there will not be traffic all day long interrupting the neighborhood.Acting Chairman Bracken said he commends her for this.The audience was invited to come forward.Linda Hernkey came forward. She lives on the same street that they want to open this facility. She does believe there is a need for it. Her parents are in Tucson and she is driving down there, dealing with the same problems that she has quoted, but she does not believe that a facility in a residential neighborhood is compatible to the neighborhood. She said the neighborhood has a lot of young children that play in the streets. She said a facility such as that would bring more traffic into the neighborhood and also supplies would need to be brought into the facility. She said when you are dealing with elderly people you can never tell what might happen; you may need to call for an ambulance or some extra care. She believes there is a need for this but not on 50 South. Robert Thurman came to the podium. He lives across the street from this house and he said it is tiny. He said traffic is bad there and there is a hill. He said there are only two parking spots in the area to park. Kids on skateboards go onto the road and never look. He said they had a day care up the street that was a mess. He had a drop off point next to him for the Colorado City fellows that were kicked out of the community. He went on to say that it took a couple of years to get rid of that and now we have a nice pleasant neighborhood and he doesn’t want to see it changed.Attorney Utley came to the podium to correct some of the issues and he said he thinks they are confused with the assisted living and the determined use. The adult day care would not be in the home on 50 South. The home it would be in is 3100 sq. ft. They are thinking about a different home. It is 12 South and 2300 East. Carrie Humphreys said it is the home that used to have a child day care. This is up the street from where the people were talking. She went on to say that any supplies that are needed will be brought by the clients. She also said that the food will be bought when they buy their normal groceries. Commissioner Campbell asked if a site plan was available for them to see so everyone isn’t guessing where this is.Assistant City Attorney Joseph Farnsworth said this site plan will come later depending on whether the Planning Commission determines an adult day care is allowed in a residential zone. Carrie Humphreys discussed the location. She said this in the middle of 2300 East and there are multiple ways people can come in. She also said that for two years a child day care had been operating in this house. She wants to limit the amount to 8 adults or less for right now unless there is a huge demand for it. Shirley Diamond came to the podium. She lives on the other corner of this street. She said they were very much affected by the day care center. The people who came and went came around the corner speeding and were in a hurry to pick up their children. She can see a need for this, however there are a lot of little children on that street playing ball and with their skateboards. She can’t see possibly how they can handle more traffic. She said now they finally have a peaceful, wonderful neighborhood like they have been wanting for a long time and they would like to keep it that way.Geraldine Lippish came to the podium. She also lives in the neighborhood. She said this is for people to socialize in, however she wants to know who is going to determine the health of these 8 people who will be there. She wonders how much help they do need, Geraldine said if they are in the first stages of Alzheimer’s that can go pretty fast and they can get dangerous. She said she’s heard of this although she’s never been around Alzheimer’s patients. She’s heard enough about it that they can be a huge problem. She said this is a residential neighborhood and nice and quiet and one where they don’t have any problems. She wonders who will determine the health of the people who will be in this day care. Assistant City Attorney Joseph Farnsworth said for this item the question before the Planning Commission is whether or not a senior day care is similar in its impact on a neighborhood use to a child nursery. If it is similar, then that determination would be a recommendation to follow it up with an ordinance. He went on to say that if you say it is not similar, then you would need to give reasons why. Linda Hernkey came to the podium and she said if senior people are treated there like Ms. Humphreys is talking about, then the help for each one will create a parking problem, because at least six people would be helping plus the traffic coming in and out. She said her mother is beginning Alzheimer’s and can be a classy woman one moment and a very dangerous woman the next moment. She said you would then need to have more help to deal with those problems. She believes a facility such as this is needed in the St. George area, but she disapproves of it in a residential neighborhood.Assistant City Attorney Joseph Farnsworth said he wanted to clarify that this would not be for any type of treatment facility, that it is just a day care. Robert Thurman came to the podium and he is wondering if in all fairness to the seniors that might be there, if there will be facilities for them to go to the bathroom. He is concerned about the small ...


Planning Commission Minutes 06/23/2009:
... the property including indoor soccer, retail shops, fitness and wellness facilities, call center, assisted and independent senior living units, and other uses. The applicant, Ms. Andrea Riggs, has a business license to do dance lessons, dance instruction and operate a fitness business at this location. She would now like approval to also have dances in the evening open to the public from Monday thru Saturday until 12 midnight. The nightly dances would have a different focus each night, including “Over 40’s night”, Salsa/Latin night, Country/Line Dancing night, 80’s night, High School night, and Disco night. Since this was not part of the original request or approval this proposed additional use requires approval from the City Council, upon a recommendation from the Planning Commission.Property owners within 500’ of the subject property have been notified of this public hearing so if the neighbors have concerns they have been invited to both the PC and CC hearings on this request.Issues:1. Neighborhood compatibility Dances, if not adequately supervised with appropriate security can be a source of excessive noise and loitering late into the night. The applicant states she will have the ‘necessary security’ for weekend events which are geared toward younger groups. Also, the applicant mentions the possibility of having some event with a band outside, but moving it inside at dark. This has the potential for creating too much noise for the neighbors, so staff suggests that all dances and music be done indoors.2. Parking The property has been approved for a variety of uses although at present there are very few up and running. The indoor soccer has begun and is approved for nightly soccer. The dance assembly area is approximately 4,900 sq ft which could accommodate a large number of persons.(capacity cannot exceed 950 under the Fire Dept occupancy limits). However under the city parking standards, there must be at least one parking space for every 3.5 persons. Therefore an occupancy limit of 950 persons would require 271 parking spaces. Therefore the PC should recommend a maximum capacity limit based on facility size (ie, 4,900 sq ft) and the available number of paved parking spaces. There are 280 parking spaces on the premises.3. Security The applicant should agree to provide security beyond just the weekend if such is deemed necessary by the St George Police Dept.4. Fire Code Requirements Any approval should be subject to meeting the fire code requirements as set forth by Kevin Taylor, Fire Marshall. The applicant has summarized those requirements in her Addendum.The hearing was opened to the public.Andrea Riggs, applicant, came to the podium. She has had requests from clients to hold dances, which is why she would like to extend the hours. She feels that the community has a need for what she is requesting. If more security is needed, she is more than happy to work with that. Commissioner Burks asked what she would do about concessions.Andrea Riggs said she has nothing at the moment and has no plans for a restaurant. Virgil Beck is a property owner behind this building. He has no problems with the dance concept; however the hours of operation are of concern to him. One of the entrances is 80 ft. from his back yard and he has two young grandchildren living with him.Alia Adams came to the podium and said when they play the music she can hear it well. During the school year this is of concern to her. Commissioner Burks has a question for staff regarding the ground signs all around. He asked if there is a plan for one sign.Bob Nicholson said there are code violations that need to be worked out.Marvin Blosch addressed the sign and said originally one sign advertised 4 different activities. They are looking at putting a sign on the building itself that is more explicit. Once you drive 50 ft. in the drive there is a directory sign. He would like to get rid of the smaller signs.Marvin Blosch said it has been a year since they have been here. They are having difficulty getting their loan as the major source was HUD. They were hoping for an independent living facility in the front. They are still committed to the plans, just not as soon as they had hoped. He showed a rendition of the design of this building.As part of the ongoing need to finance the property, he also mentioned that he will be presenting a lot split request to staff this evening, as he will not be in town personally in two weeks. This is a financing technique to allow them to go forward. They don’t plan to sell the property or change their plans. Commissioner Read commented on Andrea using the north and the south parking and he asked what would happen to the spaces on soccer evenings.Bob said one option is to set a lower capacity for the dance. They have 280 paved parking spaces on site. A 950 person capacity would only leave 8 spaces for someone else. He doubts that 900 people would show up for a dance, but you do have to prepare for that scenario. Bob said between the indoor soccer and the dance, they will need to share the parking lot. The capacity may need to come down due to the parking that is available.Marv said that 30-35 cars are most the indoor soccer has used. Commissioner Read asked about the class sizes and if Andrea is doing anything in the evenings now.Andrea said the aerobics would be 3 nights a week from 8:30 to 9:30. The class size thus far has been 6 people. She hopes an average class size would be 30-60 people.Commissioner Campbell asked about the noise and if it will be a live band, a DJ or both.Andrea said they have a sound system for now and for the events they would like to have local bands. Once a month they’d also like to have a DJ. They would not do this during the week. Andrea said the doors will also be closed during the dance, which will help with the noise level.Commissioner Campbell asked if they could pick one door exit that would be conducive to the neighbors. Andrea said that was agreeable to her.Virgil Beck came to the podium again and mentioned the trash he picks up from the soccer events. When soccer ends at 10:00 p.m., sometimes people linger until 10:30 p.m. and chatter outside. With a midnight ending, he anticipates people lingering until 12:30 and that is a concern.Assistant City Attorney Joseph Farnsworth mentioned that if the Planning Commission and City Council do want to permit this as a use in this PD zone, then it does open the door for other mixed use PD zones. Commissioner Burks asked if the soccer people had a deadline. Bob Nicholson said the time was 10:00 p.m. He asked if the soccer would now be able to go as late as they wanted, since it would be a permitted use.Assistant City Attorney Farnsworth said the soccer was originally permitted under a Conditional Use Permit, where the time restriction was until 10:00. But now the zone has changed and indoor soccer is a permitted use in that zone. The restrictions under the CUP are no longer applicableMarv Blosch said the noise can be controlled and monitored. They want to be good neighbors.Commissioner Taylor said someone may want to meet with Mr. Beck.The hearing was closed. Alia Adams asked if the hearing could be re-opened. She had asked to view the petition to see which neighbors were on the list and then saw that Kris walked in the door. When she stated that his name was on the list, he was confused. The hearing was reopened.Kris Braunberger, 356 S Parkside Circle, came to the podium and said he doesn’t understand how his name got on the list for approval. Andrea Riggs came to the podium and asked if that was his name that was signed on her sheet of names. Kris said his wife signed his name; however he is opposed to this proposal, based on the hours of operation and a concern of who may be loitering.Commissioner Read asked if there are problems with the soccer.Kris said some people loiter after soccer and his house is directly behind this. However his concern is the additional dances, especially if it is older teenager or younger adults. He has concern with what may be performed in the nighttime.The hearing was closed.MOTION: Commissioner Read suggested a site visit to meet Andrea and check out the level of the music used for a dance, shut the door and check the level from neighbor’s properties and open the door also to see what is going on. Other concerns could be addressed at this time. DISCUSSION: Commissioner Taylor felt that was an excellent suggestion. He said in order for this to be a valid site visit, it may be well to visit around the time the soccer group ends in the evening to see the traffic situation and the lighting to see what impact this may have on the neighborhood. This could be a visual idea of what it would be with the dance group. MOTION SECONDED by Commissioner Taylor. All voted aye and motion passes.Acting Chairman Bracken clarified that this will be tabled until the next meeting and have a site visit. Bob Nicholson set June 30th at 7:00 p.m. as the meeting time on site in the parking lot.3. CONDITIONAL USE PERMITS A. Consider a request for a conditional use permit to construct a detached accessory gazebo that would exceed the fifteen (15’) feet height limit for accessory structures. The approximate height is twenty (20’) feet. The property is located at 2177 East 2480 South The applicant is Mr. Walter Brichaux. The zoning is RE 12.5 (Rural Estate 12,500 sq. ft. minimum lot size). Case No. 2009-CUP-012. Craig Harvey presented this request. Slides were shown. This gazebo is partially finished at this time. Code enforcement had an action against him and he was building without a permit. This structure will exceed fifteen feet (15’) in height, thus necessitating the purpose of this conditional use permit request. The proposed building height of the gazebo is approximately twenty (20’) feet. Staff comments include the following:1. The purpose for the gazebo is so the applicant can improve his property. The footprint and architectural design of the gazebo requires the height to exceed the allowed fifteen (15’) foot limit. 2. The structure will be located approximately fifteen (15’) feet from the home, five (5’) feet from the side yard property line, and ten (10’) feet from the rear property line.3. Staff recommends approval. Commissioner Burks asked if it met the set back requirements where it is now.Craig Harvey said he would meet the setbacks on the back; however on the side he will need to get a waiver from JUC to have it where it is.Assistant City Attorney Joseph Farnsworth stated the one regulation in the code states that in an RE zone you can’t have two accessory buildings on adjacent properties closer than 10 ft. Craig said the neighbor does not have an accessory structure in his yard.MOTION: Commissioner Taylor moved to approve the CUP, item # 3A, as there is nothing in the comments to restrict it. Commissioner Campbell seconded it. Assistant City Attorney Joseph Farnsworth asked for clarification on the findings.Commissioner Taylor stated that for the conditional use permit the findings are that the areas of issue is appropriately mitigated and the gazebo will not contribute anything of a negative nature to the property or the surrounding property.Acting Chairman Bracken asked Commissioner Campbell if he will accept this. The response was yes.All voted aye, motion passes. B. Consider a request for a conditional use permit to allow construction of an RV Boat and self-storage facility. The property is located at approximately 361 North Dixie Drive. The applicant is Mr. Jeff Chapman. The zoning is C-3 (General Commercial). Case No. 2009-CUP-011. Also; consider related Case No. 2009-BDCSP-002 (Building Design and Conceptual Site Plan).Ray Snyder presented this request. He presented slides. The facility would consist of 137,900 sq. ft. in four buildings, a 1,750 sq. ft. leasing office, and a 1,628 sq, ft, storage area. Per Section 10-10-2 “Permitted Uses” a conditional use permit is required for a storage facility. Per Section 10-10-5(I) buildings with a large ground floor square footage exceeding 20,000 sq. ft. are subject to design review and approval by City Council. The facility would be available 24 hours a day, seven (7) days a week. Parking is not required for a storage facility; however the proposed office will require parking at a ratio of 1:250 (one space per 250 gross sq. ft.). 1,750 sq. ft. / 250 = 7 spaces required. The project is designed with contemporary southwest influence utilizing concrete block, brick, and synthetic stucco wall finishes. Metal roofs are proposed. Earth tone colors will be used. These were displayed behind the Commissioners. Ray went over the building heights and the setbacks. They will need to build a 6 ft. wall adjacent to any residential property. This is shown on their plans. They will meet and exceed the new landscape requirements. Comments: Based on the substantial work done to date on this proposed storage unit site, the City Attorney has ruled that the project is vested under the previous zoning requirements and is exempted from the new standards adopted by City Council for storage facilities on April 23, 2009. The basis for this ruling is the grading permit issuance and substantial cost already expended for the grading work and the previous meetings with staff at the various PSR (Planning Staff Review) meetings over the past couple of years. The project must still comply with the zoning requirements in place prior to the April 23rd adoption of the new requirements. Therefore a CUP (conditional use permit) is required and the landscape requirements as well as other zoning requirements will apply, including the ten foot (10’) wide landscape buffer strip and six foot (6’) privacy wall requirement when adjacent to residential development.A public trail is proposed to run along Half Way Wash bank near the west property line.A leasing office will be manned by 2 -3 employees on site from approximately 7 a.m. to 7 p.m. Monday through Friday. Also staffing would occur on Saturdays and Sundays from 9 a.m. to 5 p.m.Ray said that today he received a letter from the US Army Corp of Engineers, dated December 2008, to Mr. Chapman. It describes the project and location. Ray said they list 9 conditions to comply with, including mitigation of the wetlands. Ray said Mr. Rosenberg, the applicant’s engineer, would be able to address this later.There is also a letter received by Mr. and Mrs. Kirkham and it was read into the record expressing their concerns. He said the applicants engineer will respond to their concerns.Ray asked for Rick Rosenberg to come to the podium.Rick Rosenberg, with Rosenberg Associates came forward. He said Jeff Mathis with MRW as the project architect is also in the audience as is Mr. Chapman, the applicant.Rick said the area behind the project down to the southwest is the proposed extension of the existing Huntington Townhomes at Stonebridge. The grading plans have been approved by the City, which lifts this property up to the level of the existing Spring Field area. There will be a 4 ft. wall on the Chapman property to lift this. A portion of the wall is already a retaining wall. They have extended the grade back into the corner. They have mitigated the wetlands and are in adherence. Tamarisk has been cleared from the wash. Almost 3 acres of restoration was done to mitigate this project.Rick said they will construct a new wall on the property wall backside of the existing wall. They would like to work with the property owners so as not to have two walls.Richard Kirkham stopped Rick Rosenberg to ask about the trees. Rick said the blue clay in the area influenced it.Rick went on to say that the building itself supports the security for the storage site. The storage unit complex is gated. Commissioner Campbell asked where the roof and the asphalt surface drainage will go. Rick said it will be discharged into Half Way Wash at one point. Commissioner Burks asked where the RV and boat storage will be.The applicant came to the podium to explain this. Some are 14 ft. high by 35 ft, some are 10 ft x 25 ft. and some units are 45 ft. deep with 14 ft. high doors. It will take the larger motor homes. Commissioner Burks wanted to be sure that from the outside the boats, trailers and RV’s will not be viewed from the street. He was reassured that it is a compound and that from the outside all you will see is structure.Assistant City Attorney Joseph Farnsworth wanted to clarify that for the CUP there are two aspects: the RV storage and the storage units themselves. City Code 10-19-5 states manufacturing plants, warehouses, storage buildings or structures especially for storage purposes, the parking requirements are one space for every 1000 ft. of gross floor area and one space for each 250 sq. ft of office use and sales area.Ray Snyder said staff has always used 1 per 1000 in the industrial zone for warehousing and they have not used those figures for storage facilities. Assistant City Attorney Joseph Farnsworth wanted to clarify the...


Planning Commission Minutes 05/11/2010:
..., Title 10 “Zoning Regulations,” Chapter 22 “Wireless Telecommunication Facilities,” Section 10-22-4 to remove the limit of three providers on one cell tower. City of St George applicant. Case No. 2010-ZRA-010Planner II Ray Snyder presented this item. Ray stated this is brought before you if an antenna or tower meets the safety and structural requirements of the Building Department, then the City is not opposed to allowing more than three (3) providers per antenna or tower. This may ultimately reduce the number of new antenna or towers to be installed.Commissioner Taylor said would this increase the interest in lattice towers or the mono-pole. Planner II Ray Snyder said staff has been pro for mono-pole. Community Development Director Bob Nicholson said in the City code it states a lattice tower is not allowed in a residential zone. When this section was written it was required to have a 10 ft. separation between towers. Towers are limited to a max of 100 ft. Bob said this came about because they want to have fewer towers.Commissioner Nobis said he likes the idea of having more providers per antenna because that will mean lesser poles. MOTION: Commissioner Burks made a motion recommend approval to City Zoning Regulations, Title 10 “Zoning Regulations,” Chapter 22 “Wireless Telecommunication Facilities,” Section 10-22-4 to remove the limit of three providers on one cell tower. Commissioner Taylor seconded the motion. All voted aye.C. Consider an amendment to the City Zoning Regulations, Title 10 “Zoning Regulations,” Chapter 14 “Supplementary Regulations,” Section 10-14-9 to allow carports in the side yard setback area in the original platted area of St George subject to certain restrictions. City of St George applicant. Case No. 2010-ZRA-011Community Development Director Bob Nicholson said this is an amendment to allow carports in a side yard setback area in the downtown area. Bob said they had a discussion with City Council because they have concerns about the need for carports in the side yards. He said generally we don’t allow them in the setbacks on the sides due to fire codes and the aesthetics. However, in the old part of town there are some odd situations. The old standard applied when the lots were 66 ft wide. Now they require an 80 ft. wide lot. This makes it impossible to have a garage or carport on those 66 ft. wide lots. Bob showed homes in the old downtown area that have garages or carports on their parcels. Bob said at the Mayor’s request there should be a provision for the ones that have been built in the downtown area. Bob read from the version of the new section 10-14-9 (E). Staff looked at Provo regulations and they have a provision to their old section of town. As far as the fire code, the new structure must be fire rated and built of fire-resistant materials and be allowed to within 2 ft. of the side property line. Commissioner Taylor said he is concerned about cutting off 2 ft from the side lots. Commissioner Campbell said they could keep it at 1 ft. on the sides and still make it work. Commissioner Taylor said he likes the idea of getting the approval from the adjacent owner and have that be recorded so it becomes part of the deed.Bob said they could add to the provision 2 ft. or receive permission from the adjacent neighbor.Commissioner Burks said would the City leave the existing ones alone. Bob said they would be considered grandfathered in.Deputy City Attorney Paula Houston asked if Planning Commission wanted to limit this change to residential and not commercial. Planning Commissioners agreed with just residential.MOTION: Commissioner Taylor made a motion to recommend approval to the City Zoning Regulations, Title 10 “Zoning Regulations,” Chapter 14 “Supplementary Regulations,” Section 10-14-9 to allow carports in the side yard setback area in the original platted area of St George subject to certain restrictions subject to; the 2 ft setback will be granted based on permission from the adjacent property owners, the drainage remain on the property side of the new structure only and make this change to residential only subject to legal review with the fire department modifications after.Deputy City Attorney Paula Houston added to be at 4 ft. separation between property owners. Commissioner Nobis seconded the motion. All voted aye.D. Consider an amendment to the City Zoning Regulations, Title 10 “Zoning Regulations,” Chapter 11 “Manufacturing Zones,” Section 10-11-1 and 10-11-2 to allow Recreational Enterprises as a conditional use in the M-1 Manufacturing Zone. City of St George applicant. Case No. 2010-ZRA-012Community Development Director Bob Nicholson said this is a proposal recommendation to allow recreational enterprises in the M-1 Manufacturing zone. Bob said the M-2 is more restrictive. One of the things is that some of these recreation uses such as indoor soccer require buildings with high ceilings. There are high ceilings that are currently vacant in the M-1 zones. Bob read 10-11-1 A and under 10-11-2 reads, Recreational enterprise (indoor go-cart track, climbing walls, indoor skating rink, indoor roller skating, indoor soccer, and other indoor recreational sport/entertainment type activities, but not including spectator-oriented arenas).These uses would require a Conditional Use Permit which would give Planning Commission a chance to add conditions to their request.Lee Sheets a property manager said the economy is in bad condition but one that is moving forward is recreational facilities. There is not a good amount of buildings within the City that w...


Planning Commission Minutes 03/09/2010:
... Title 10 “Zoning Regulations,” Chapter 22 “Wireless Telecommunications Facilities,” Section 10-22-3 “Development Master Plan Required” to add language that specifically states that approval of a conceptual ‘WMP’ (Wireless Master Plan) does not vest or grant approval to any specific site. City of St George applicant. Case No. 2010-ZRA-007.Bob Nicholson, Community Development Director presented this request. He gave some background stating that the first step in having a cell tower site considered by the city is to submit a ‘Master Plan’ showing proposed approximate cell tower locations and the corresponding service areas. Once the overall site master plan is submitted to and accepted by the Planning Commission, then consideration of individual specific sites can occur. Cell towers can be considered as either a Permitted Use or a Conditional Use depending on their height, zoning district, etc. To avoid an applicant claiming that a particular site is approved (or vested) because the Planning Commission approves the conceptual Master Plan, the City Attorney has recommended that wording be added, as indicated below, that specifically states that approval of the conceptual Master Plan does not vest or grant approval to any specific site. Depending on the specifics of the cell tower request, it may require consideration by the Hillside Review Board, Planning Commission, and City Council under a Conditional Use Permit application process.Requested Ordinance Change (10-22-3): See below; new wording is underlined.10-22-3: DEVELOPMENT MASTER PLAN REQUIRED: A. Required: A site location development master plan shall be submitted by each company providing wireless services or a landowner in joint application with a wireless company desiring placement of wireless telecommunication facilities. The development master plan shall show the general location of all proposed sites, show the coverage area provided by the location and be submitted and accepted by the Planning Commission prior to the processing of any permits for permitted or conditional use locations. Approval of the wireless telecommunications facilities master plan by the Planning Commission shall not be considered a...


Planning Commission Agenda 03/09/2010:
... Title 10 “Zoning Regulations,” Chapter 22 “Wireless Telecommunications Facilities,” Section 10-22-3 “Development Master Plan Required” to add language that specifically states that approval of a conceptual ‘WMP’ (Wireless Master Plan) does not vest or grant approval to any specific site. City of St George applicant. Case No. 2010-ZRA-007.Bob Nicholson, Community Development Director presented this request. He gave some background stating that the first step in having a cell tower site considered by the city is to submit a ‘Master Plan’ showing proposed approximate cell tower locations and the corresponding service areas. Once the overall site master plan is submitted to and accepted by the Planning Commission, then consideration of individual specific sites can occur. Cell towers can be considered as either a Permitted Use or a Conditional Use depending on their height, zoning district, etc. To avoid an applicant claiming that a particular site is approved (or vested) because the Planning Commission approves the conceptual Master Plan, the City Attorney has recommended that wording be added, as indicated below, that specifically states that approval of the conceptual Master Plan does not vest or grant approval to any specific site. Depending on the specifics of the cell tower request, it may require consideration by the Hillside Review Board, Planning Commission, and City Council under a Conditional Use Permit application process.Requested Ordinance Change (10-22-3): See below; new wording is underlined.10-22-3: DEVELOPMENT MASTER PLAN REQUIRED: A. Required: A site location development master plan shall be submitted by each company providing wireless services or a landowner in joint application with a wireless company desiring placement of wireless telecommunication facilities. The development master plan shall show the general location of all proposed sites, show the coverage area provided by the location and be submitted and accepted by the Planning Commission prior to the processing of any permits for permitted or conditional use locations. Approval of the wireless telecommunications facilities master plan by the Planning Commission shall not be considered a...


Planning Commission Minutes 07/11/2006:
...nge the land use designation from only commercial to business park, public facilities, high-density residential, park, light industrial, and commercial for both the east and west side of the Milepost 2 I-15 interchange area. State and Institutional Trust Lands Administration, applicants. Case No. 2006-GPA-002Bob Nicholson said this is a refinement to the general plan designation for the area around the proposed Milepost 2 interchange. In 2002 when the General Plan was created this area was designated as a commercial bubble. The interchange design will be done in about 6-9 months and the interchange then will go out to bid. The proposed land uses map breaks down into more specific land uses. There was a Sun River neighborhood meeting on July 6th which had a big turnout to go over these proposed land uses. Bob said the applicants plan on a park near the Atkinville Wash area. Also, the Flying J gas station and truck fueling business located on Brigham Road could possibly be moved to this new location. There will be a freeway overpass which could hide the Flying J location. In the packet there is a breakdown of the land uses and the acreage for the west and east sides. Overall there is about 500 acres. SITLA has about 278 acres that is under their control. Bob also reviewed other land uses proposed for the interchange area.Curt Gordon with SITLA said this is a partnership between SILTA and the City. Their part is to give some of the land and money for this project. The person who put this land plan together is from San Diego. SITLA’s consulting planner is Gary Wood. Curt Gordon pointed out that the wash area was used for mining in the past. This interchange will go over I-15 instead of under it. They will try to get most of the required fill from the project itself instead of trucking it in. Chairman Almquist asked if the truck stop had to have its location right on the corner, or could it be further back from the corner. Curt replied the study committee concluded that this will be the best site for a truck stop to be located due to the screening effect of the new overpass. Robert Anderson who lives in Sun River said he and other residents from Sun River have concerns about some of the proposed land uses. The area near them is marked Mixed Use. He would like some clarification on that type of use. They are not in favor of moving the Flying J. They are not happy with what is being proposed. A resident of Sun River said there are a lot of good things in this plan. He is a little bit concerned about what the Mixed Use will mean. He would like to suggest that the area could have assisted living in the mixed use. His real concern is, does the Mixed Use mean apartments?PLANNING COMMISSIONJuly 11, 2006Page FourteenBob Nicholson said this will need to go to the City Council for a public hearing. Bob said one of the goals is to keep development out of the flood plain. Jay Sandberg said the washes are in the process of being mapped now. If they stay out of those flood plains, it will be preferred. MOTION: Commissioner Bracken made a motion to recommend to City Council approval of a request for a General Plan Amendment to amend the General Plan Land Use Map to change the land use designation from only commercial to business park, public facilities, high-density residential, park, light industrial, and commercial for both the east and west side of the Milepost 2 I-15 interchange area, State and Institutional Trust Lands Administration, applicants, with a little bit of flexibility to stay out of the flood plain. Commissioner Burks seconded the motion. All voted aye.ZONE CHANGESA. Consider a request to change the zone from residential to R-1-10 to Commercial C-2 on 0.42 acres located at 951 South River Road. Virginius and Barbara Dabney, applicants. Case No. 2006-ZC-015Bob Nicholson Community Development Director pointed out the site plan. The existing home is located right next to an office complex development. The General Plan shows this area as MDR (Medium Density Residential). There is a section in the zoning ordinance that states property relative to small parcels located on a busy highway may be suitable for commercial. Staff has no problem with this request. Virginius Dabney said the existing home will be turned into office space or a doctor’s office.Rick Wells representative for the applicant pointed out the parking will accommodate to the size of the home and it’s new use. They don’t anticipate the used of an office space would generate a great deal of traffic. They will not enclose the garage - it is included into the parking counts. They will add some parking to meet the quota for parking.David Shrum who owns the Windmill Museum asked if they were going to have access in the back? Mr. Dabney said they don’t need another access other than the front access to the building.Jay Sandberg said just for the record the City Traffic Engineer said the driveway does not meet the requirements for this type of business. PLANNING COMMISSIONJuly 11, 2006Page FifteenMOTION: Commissioner Burks made a motion to recommend to City Council approval of a request to change the zone from residential to R-1-10 to Commercial C-2 on 0.42 acres located at 951 South River Road. Virginius and Barbara Dabney, applicants. Commissioner Nobis seconded the motion. All voted aye.B. Consider a request to change the zone from Mobile Home MH-6 to Planned Development Residential on 28.45 acres located west of 1100 East and north of 500 North in the area of the St. George Industrial Park. Jim Haslem, applicant. Case No. 2006-ZC-013Bob Nicholson passed out the narrative for the property. It was originally planned to be a part of the Dixie Mobile Park. The property was mostly disturbed about 20+ years ago. At that time there were benches created for more mobile homes. This project is on the agenda for Hillside review next week. They plan on building 137 detached 1 or 2-story homes on 28.45 acres. There are 8 different house plans to choose from. The project is proposed as a solution to the workforce housing shortage. Staff has reviewed the project and is supportive for this zone change. The access proposed is a trade with the City. The trade is being discussed at this time with the City Manager and then will be heard at City Council level. Jay Sandberg said there was a traffic study completed and the City Traffic Engineer is recommending that there be a south bound right turn lane at Industrial Park Road. If there is enough right-of-way that road should be widen. If there is not enough right-of-way because it is off-site then that money needs to be put in escrow or whatever it would take to build that road. In the future when the property on the corner is ready to be developed then they can use that money to widen the road. Jim Haslem the applicant said if there is anything he can do to improve the flow of traffic then he would be in support of that. The proposed access on 1000 East by the theatres that would become their primary entrance. There is already a traffic light located there. Jim said the Alano Club was designed originally for the whole area of St. George. He would like to purchase that property. He indicated that the club stated they would be willing to sell if he could come up with a trade for something similar in quality and value.Jim said 90% of the project will be single-story. He pointed out on the aerial photo the areas that would be affected due to the hillside. Jim said if they do get the access through Red Hills Parkway then the residents would not have to go through the industrial area to get access to their homes.PLANNING COMMISSIONJuly 11, 2006Page SixteenJim said they only have 150 homes and they have a waiting list of over 450. The homes will be sold around $180,000 to $200,000. They are trying to keep investors out. The residents have to live in the home for a year. During that year they can’t sell it or rent it out. Jim said the homes are all pre-sold. Commissioner Taylor asked about the sale of the home and how that will raise the price of the home when the resident goes to sell the home. Jim replied there will be an up swing of prices in a few years. Council Member Bunker thanked him for the work force housing. She was glad to hear about another access to this project. MOTION: Commissioner Burks made a motion to recommend to City Council approval of a request to change the zone from Mobile Home MH-6 to Planned Development Residential on 28.45 acres located west of 1100 East and north of 500 North in the area of the St. George Industrial Park, Jim Haslem, applicant, subject to if an agreement with the club cannot be reached an equal amount of property will be used to meet the requirements for recreational purposes. Commissioner Nobis seconded the motion. All voted aye. C. Consider a request to change the zone from Agricultural A-1 to Residential R-1-12 on 1.59 acres located on the west side of 3000 East at about 1100 South in the Washington Fields area. Larry McEntire, applicant. Case No. 2006-ZC-014Bob Nicholson said recently the zone has been changed to the south and they left a little bit of a gap. There is R-1-12 zoning on both sides of this piece. Jay Sandberg said City Council tabled this because three items need to be resolved. MOTION: Commissioner Burks made a motion to recommend to City Council approval of a request to change the zone from Agricultural A-1 to Residential R-1-12 on 1.59 acres located on the west side of 3000 East at about 1100 South in the Washington Fields area. Larry McEntire, applicant. Commissioner Hullinger seconded the motion. All voted aye. DISCUSSION Discussion on Traditional Neighborhood Development (TND) standards.Bob Nicholson passed out the Draft on the TNB proposal. The City has been working the last couple of months on this proposal. This is a very popular concept around the country. These are occurring mostly in the southeast. The homes are closer to the street with a front porch and PLANNING COMMISSIONJuly 11, 2006Page Seventeensidewalk streets. Some of the goals is Smart Growth Concepts, to create walk-able neighborhoods, you would have open space, parks, trails and recreational facilities. Bob said in their proposal they are asking for a 6 ft wide pla...


City Council Minutes 07/21/2016:
...ggested that any agreement would need to include some sort of usage of DSU facilities in return.    City Manager Esplin thinks President Williams wants to share facilities with the community.   There was discussion of a piece of property that is jointly owned by the city and DSU.  The city could deed its interest in the property to DSU as a means of contributing to the project.   There was discussion regarding the amount of funding DSU is requesting.    Mayor Pike indicated he wasn’t provided a firm figure but expects DSU would like about two million dollars from the city.   There was discussion regarding the possible public access to the pool and the track facilities.    ADJOURN: MOTION:     ...


City Council Minutes 01/28/2016:
... Minutes January 28, 2016 Page Five Washington County School District facilities for recreational events, there is no cost. He feels that those entities that the City has partnerships with should be granted fee waivers. Further, he mentioned that he and Mayor Pike met with Dixie State University President Williams this morning; they would not charge the City to use their facilities if patrons were not being charged and they have nothing scheduled. After Mayor Pike inquired about others such as the Lions and United Way asking for fee waivers, a discussion took place regarding what the Lions would be charged for the Dixie Round Up Rodeo. Councilmember Arial suggested a Memorandum of Understanding with those the City partners with. Councilmember Baca noted it is important to meet fiduciary responsibilities. City Manager Gary Esplin mentioned that he would like Ms. Woolsey to go through all of the events permitted in the previous year. He would like to be proactive in informing them of the new policy. Councilmember Bowcutt stated that they need to understand that there are costs that are not recouped. Mayor Pike mentioned the existing fee for the use of the SunBowl and Ridgetop Complex includes 5% of gross receipts. City Manager Gary Esplin suggested that fees not be charged for those the City partners with including the Lions, Washington County School District, Washington County, DXATC and Dixie State University. The Council took a short recess. DISCUSSION REGARDING THE RENOVATION PLANS FOR VERNON WORTHERN PARK AND TOWN SQUARE: Leisure Services Kent Perkins mentioned that staff has been asked that the playground at Vernon Worthen Park be relocated. Parks Planning Manager Jeff Peay presented a PowerPoint presentation covering the following topics: Vernon Worthen Park Redesign – 2016; Site Aerial; Rentable Spaces – How Popular is the Park?; Photos of Events and the Facilities; Wish List; Conceptual Plan; Conceptual Plan – Elements; Co...


Planning Commission Minutes 07/12/2005:
...rification. In addition, the other new wording for a guest house is, Such facilities shall not contain kitchen facilities and shall not be rented independently from the main dwelling unit. Ray said the definition for kitchen is, Shall mean any room or portion of a room used, intended, and designed to be used for cooking or the preparation of food, including storage and refrigeration. A kitchen consists of a stove (gas or electric), family sized refrigerator (7.75 cubic feet or greater), sink (larger than 12 inches wide), dishwasher, pantry, and cabinets. Ray said the reason this has been added so the public will know exactly what type of kitchen can be added to a guest house. Which would be to have a very small refrigerator and keep the size down, a microwave and small sink. Ray also stated that temporary guest’s definition was added. Shall mean guests whose duration of visit shall be less than thirty (30) days. Ray continued to go over the criteria for a Guest House or Casita. Commissioner Clayton said they need to add leased or rented or sublease or sub-rented. Ray said he made a note of that. Ray said the other item that is new is a Guest House Permit. He pointed out the charge of $300 which is similar to the Conditional Use Permit charge. Commissioner Clayton thought that $300 is very steep. Chairman Almquist asked if they would be charged an impact fee, building fees. Commissioner Stout said $300 is too much. Bob Nicholson said let’s review the fee at a later date. PLANNING COMMISSIONJuly 12, 2005Page FourteenMOTION: Commissioner Stout made a motion to recommend to City Council approval for a request to amend Title 10, Chapter 2 “Definitions”, Section 10-2-1; Title 10, Chapter 7 “Residential Estates Zones”, Section 10-7A-2 “Permitted Uses”; Title 10, Chapter 7 “Single Family Residential Zones”, Section 10-7B-2 “Permitted Uses”; Title 10, Chapter 7 “Residential Central City Zone”, Section 10-7F-2 “Permitted Uses”; Title 10, Chapter 5 “Agricultural Zones”, Section 10-5-2 “Permitted Uses” of the St. George City Code addressing guest houses (casitas) as a permitted use subject to specified standards. City of St. George initiated, subject to the determination of the fee to happen at a later date. Commissioner Burks seconded the motion. All voted aye.Chairman Almquist adjusted the agenda for item 5 to be heard next.CONDITIONAL USE PERMITConsider a conditional use permit request to construct a community sports complex park on approximately 16 acres located at Horseman Park Road and 2350 East. City of St. George, applicant. Case No. 2005-CUP-023Ray Snyder said this permit is to construct a community sports complex and an irrigation pump station. The site is on vacant property located behind the Knolls subdivision. The site is also in close proximity to Little Valley Elementary School (presently under construction), and a proposed future intermediate school site. The site includes a sports complex, concession stand (1,600 sq. ft.), maintenance shed (2,160 sq. ft.), and pump station (532 sq. ft.). The pump system will be used to water the ball fields and also for the school in the future. They are recommending 107 parking spaces. Staff feels this would be a really nice addition to the area and recommends approval.Kent Perkins the Leisure Services Director said about 5 or 6 years ago the school district approached the City and said they wanted to purchase the land that is currently Snow Park ball diamonds. The City indicated they would be willing to accommodate the school district but the school district had to provide an alterative site. So this particular site where the ball diamonds are located is the site that was provided by the school district. Kent said at the time that happened there were essentially 3 neighbors near the site. Kent said they did recognize that sometime in the future there would be growth out there. So it was determined that they needed a neighborhood park in this area. They were also looking for a site for soccer because they wanted to remove the soccer program from Bluff Street Park which is too small. Through a series of trades and acquisitions as well as the trade with the school district, they acquired 54 acres of property adjacent to what will be an intermediate park. They determined to come up with this particular plan as a best use scenario. PLANNING COMMISSIONJuly 12, 2005Page FifteenKent said they have moved slower than desired. They should have had this done before any of the residential areas went in. The master plan is about 3 or 4 years old. Council Member Allen said are they still using the design that was developed by French. Kent said they are trying to get a feel for the area to see if this design would be appropriate. Commissioner Stout said if they are talking City owned property, then she is trying to make this a minimum effect on the property owners. These fields will be used well after 10:00 p.m. Kent said that is one of the concerns of the neighbors. What he has indicated to them is that they have the ability to control the lighting. Kent said when they developed the Entrada park they went out and found the most technically sophisticated lights they could find to minimize the spillage of the lights. What they found is the actual spillage lights have very little impact on the neighbors. Kent said when they proposed this facility, City Council committee gave them permission to find a more technically significant light system. They have found lights called the screen system. The screen system is suppose to reduce as much as 50% more light than the original lights where suppose to do. They also reduced the number of lights. In their promotion materials and research they are trying to find the most sophisticated lights they can. Kent said the City controls the scheduling of the fields. The intent is that tournament plays are on Fridays and Saturdays. He said they have one tournament a year that goes all night. Then they have league play which starts sometime in March and continues into the summer and then there is a gap. It goes again and then they quit in November. So the intent is not to have a layer of events. Council Member Allen said this goes along with the school. There was going to be sharing of the land with the school. In addition there is a pond to irrigate the lawns. This was promised as a park to this area. Also to be able to have the soccer games there and not worry about traffic. This will be a wonderful park in the area.Commissioner Stout said she is sure they could do something to mitigate the lights such as trees. Kent said they have designed different lights on the walkways and the parking lots. The police have been very supportive with their bicycle patrol. They come to the events and are there typically for security. Kent said the parking will be near the school that is being proposed. It will be shared with the school. The area will be away from the development for parking. There will be no parking allowed on the road that will be the trail system. PLANNING COMMISSIONJuly 12, 2005Page SixteenGail Godfrey said she is concern that there is no buffer zone. The lighting and the noise is her concern. She wants the park to go down more to the south. Kent Perkins said the actual property line of the park is 18 ft. short of their property line. They are trying to acquire that 18 ft. The intent is to acquire that parcel and to landscape that stretch. Sandy Esplin said this is a big concern in the Little Valley area. They understand about the school system. Her concerns are the lights and the PA system. The Snow Canyon Park has lights very far away from existing homes. The tournaments are one of her concerns. The soccer fields are right against the homes. As far as the easement, they would rather not have them. She is concerned about people parking in the neighborhoods and walking down to the park. Mike Trumay said he is concern on the light and noise pollution. His concern is keeping control over the fields. He would like to see a schedule for lights to be off. Jeff Frazier said he excited about the ball field. Someone called him today because he is a lighting professional. He said every community needs a park. It is very possible to design spot lighting to cut off right at the property line. When he drove by the Snow Canyon Parkway he was appalled by the lighting at the park. Whatever the legal limit is - it is not enough. He suggests that they hire a lighting professional. Linda Williams lives in the Knolls area. She is also concerned about the lighting and PA system. She wanted to know if there could be controls on the lights. She would like more information to where the neighborhood access will be. Kent Perkins said they do have a public meeting whenever they propose a park. Any where you build a facility there is a vision to what could happen and after the facility is in then they get an in-flux of people that come in and asked them for better access. They try to negotiate at least two access points so the residents could come down and walk into the neighborhood park. When they have a public meeting with the neighbors, they will go over the public accesses. Kent said they don’t plan on sound systems. When they have championship games, they bring out a portable sound system. They don’t plumb for a sound system. Al Burningham said he would like to see more diversity. It is designed for very little for the people in the neighborhood. He would like to see basketball, tennis courts, a jogging path around the perimeter. PLANNING COMMISSIONJuly 12, 2005Page SeventeenElizabeth Simmons said this park seems to be reversed. This serves not the community. Her children will not be able to get to it without her driving them to it. She said those lights will shine. She would like to see the ball fields move down. The parking is not enough. In addition the school will bring in more traffic as well. It is a great park but it needs to be looked at. Kent Perkins said the planning for the park took place before any of these subdivisions where thought about. They tried to acquire enough land and when the developers began the process seeking out the property to develop, they did try to negotiate with them hard and long to create buffer zones. At that time they laid out plans and said this probably going to layout the facilities. They encouraged the developers to recognize that. Chairman Alm...


Planning Commission Minutes 11/14/2006:
...ady installed.Phil Williams, Washington County School District Director of Facilities, believed that they had dealt with all issues with the exception of providing a crossing guard. PLANNING COMMISSIONNovember 14, 2006Page SevenGlen Carnahan of Alpha Engineering pointed out that when the district acquired the property, the radiuses had already been worked out. When their office performed road improvements it was overlaid to control dust. They had worked with staff to resolve all other issues. Commissioner Burks asked why the District doesn’t provide cross walks or crossing guards. Phil Williams stated that legal issues were involved. They also would not provide funding for them. He explained that the middle school was built with the understanding that a high school would be built nearby. There were no further comments. C. Consider a conditional use permit request to construct an Elementary School to be located at the intersection of Riverside Drive and Morningside Drive (700 East St). The property is on 10 acres. The zoning is R-1-10 (Single Family Residential 10,000 square foot minimum lot size). This is the replacement for the West Elementary School. Mr. Glen Carnahan, representative for WCSD (Washington County School District). Case No. 2006-CUP-031Plan Ray Snyder presented the staff report. Commissioner Bracken assumed that the road running to Morningside Drive would be finished. City Engineer Jay Sandberg agreed to look into the issue further. Phil Williams responded that the agreement did not address the matter but recognized that it would need to be addressed. He recognized that the road would need to be completed in that area. Sharee Webb identified herself as the only property owner abutting the property. She wanted to know what would happen on the site. She hoped the ball fields would not be lit and asked about potential fencing. She explained that her mother-in-law would not be able to pay to have the road completed. PLANNING COMMISSIONNovember 14, 2006Page EightDebra Wirth expressed concern with aesthetics. As proposed, a portable classroom would be located as she opens her front door.Phil Williams responded that the fencing was under the jurisdiction of the school rather than the Board. In the past they had been very willing to work with neighbors on fencing so long as they are in compliance with building codes. He next remarked that lighting would not be provided with the ball fields at secondary school. Lighting on the building itself would be kept to a minimum. Lighting issues were discussed. With regard to color, they try to blend the color in with the surrounding area. He explained that new elementary schools must have 450 or more students to remain viable. Portable classrooms are provided as a buffer. In the past the district never made provisions for portables. New designs provide places for portables to prevent future complications. Portables would not be added until and unless they are needed. Only preparations would be made. At the time a new school is built, the portables would be removed. D. Consider a conditional use permit request to construct a church to be located on Valley View Drive south of Indian Hills Drive. The property is on 2.206 acres. The zoning is RE-37.5 (Residential Estate 37,500 square foot minimum lot size) and R-1-10 (Single Family Residential 10,000 square foot minimum lot size). The applicant is New Promise Lutheran Church and the representative is Mr. Ward AIA. Case No. 2006-CUP-033Planner Ray Snyder presented the staff report and presented the conceptual rendering of the building. He explained that the proposal meets or exceeds all parking requirements. Staff recommended approval subject to approval by the traffic engineer. PLANNING COMMISSIONNovember 14, 2006Page NineZONE CHANGESA. Consider a zone change request from R-1-10 (Single Family Residential 10,000 square foot minimum lot size) to PD (Planned Development) on 2.24 acres for Wailea Falls Phase 4. The site is located next to Wailea Falls Phase 2 in the Stonebridge development. Devcon Construction and Development, applicant, Mr. Brian McMullen, representative. Case No. 2006-ZCA-020Planner Ray Snyder presented the staff report and explained that the request was for a zone change from R-1-10 to PD. City Engineer Jay Sandberg identified changes made by the applicants at the request of staff. He remarked that the density would go from 5.1 to 5.7. The original number of units was 91 before the change. The new proposed number of units was 112. He commented that a preliminary plat would next be submitted to which staff would take a closer look. Council Member Bunker asked about the driveways proposed between the homes to access homes behind them. Jay replied that they would be shared driveways to access the units in the back. The applicant, Brian McMullen, explained that the rationale behind the design was to access each of the homes and preserve homeowners’ views of the golf course. Parking issues and restrictions were discussed. He remarked that each home would be individually owned. PLANNING COMMISSIONNovember 14, 2006Page TenB. Consider a zone change request from R-1-10 (Single Family Residential 10,000 square foot minimum lot size) to C-3 (General Commercial) on 3.11 acres. The site is located on the west side of Bluff Street at about 500 North Street. Paydirt Properties, LLC, applicant, Mr. Jason Vowell, representative. Case No. 2006-ZC-019Planner Ray Snyder presented the staff report and displayed the zoning map to orient the Commissioner Members. One letter was submitted to staff on the request. He explained that there was very steep topography on the site. Staff comments contained in the staff report was reviewed. Access and slope issues were discussed. Staff Comments;1. The Hillside Review Board will be required to visit the site. A hillside permit would be required (process through the Planning Commission and City Council). 2. A lot merger is required.3. If the zone change is approved the applicant will proceed with plat submittals (preliminary plat and final plat).4. UDOT needs to review and approve the site and access.Applicant’s representative, Kelly Schmutz, explained that the applicant wanted to do something nice on the site. Various concepts had been considered such as professional office. Detailed design had not been done yet. His understanding was to leave the existing apartments rather than incorporate them into any proposed development. Parking issues were discussed. Currently the site was being used as overflow parking for the apartments.Paul Headman, a nearby resident, expressed concern with the potential development and asked what could potentially be allowed in the zone. Chairman Almquist responded that various uses could be allowed. PLANNING COMMISSIONNovember 14, 2006Page ElevenRay Snyder explained that a list of uses could be provided to interested parties. The information could also be obtained from the City’s website. Height issues were discussed. Paul Headman did not understand the restrictions associated with the steep slope and asked if it could be developed at some point. Chairman Almquist responded that the applicants would be required to obtain approval from the Hillside Review Board who would determine the slope stability and other factors. C. Consider a zone change request from R-1-10 (Single Family Residential 10,000 square foot minimum lot size) to PD-COM (Planned Development Commercial) on 3.34 acres, located on the northwest corner of Dixie Drive and Indian Hills Drive adjacent to Heritage Village subdivision. Mr. Stephen Wade, applicant. Case No. 2006-ZC-022 The above item was removed from the agenda and added to the December 12, 2006, meeting agenda. PLANNING COMMISSIONNovember 14, 2006Page TwelveChairman Almquist explained that the requirements of the request would be more stringent than for other commercial applications. AMENDMENT TO ZONING REGULATIONS – PUBLIC HEARINGA. Consider proposed amendments to the City of St. George Code, Title 10 Zoning Regulations, Chapter 17: “Conditional Uses”. City of St. George, applicant. Case No. 2006-ZRA-005Community Development Director Bob Nicholson presented the staff report and stated that the City Attorney Shawn Guzman asked that the matter be tabled to allow him time to review it further. The State Code changed approximately one year ago requiring a predetermined list of conditional uses. Staff identified general standards that would have to be met. The proposed standards were reviewed and discussed. The Commission Members proposed modifications. Deputy City Attorney Paula Houston expected additional changes throughout the coming year to provide further regulation of conditional uses. Bob Nicholson agreed to bring back the proposed changes at a future meeting. B. Consider proposed amendments to the City of St. George Code, Title 10 Zoning Regulations, various chapters and sections regarding conditional uses. City of St. George, applicant. Case No. 2006-ZRA-013 Community Development Director Bob Nicholson explained that the proposed change would make schools and churches permitted uses in all residential zones. Changes made to commercial uses were reviewed. The Commissioners were encouraged to study the document and provide staff with feedback. Staff agreed to present the matter again at a future meeting. C. Consider proposed amendments to the City of St. George Code, Title 10 Zoning Regulations, Chapter 7 “Residential Zones”, “Article C Multiple Family Residential Zones” (Section 10-7C-7(G)) to allow “High Density Residential” as a permitted use with standard conditions. City of St. George, applicant. Case No. 2006-ZRA-014Community Development Director, Bob Nicholson, presented the staff report and gave a history of the proposed amendments. The Council asked staff to come forward with provisions for the Planned Development Zone, which would provide greater control over where facilities may be located. A new proposed Section L was reviewed, which contained special provisions for High Density residential development. PLANNING COMMISSIONNovember 14, 2006Page ThirteenIt was noted that the applicants requested the matter be postponed to a future meeting. Council Member Bunker asked for clarification of some of the provisions contained in the new proposed language. Enforcement issues were discussed. Deputy City Attorney Paula Houston explained that while a management plan would be required, the City would not enforce it. Bob Nicholson identified potential issues. He asked that the Commissioners consider the issue over the next month and be prepared to discuss it at a future meeting. He explained that downtown housing is a key component to vitality of cities. Chairman Almquist questioned whether St. George should offer “something for everyone”. Code enforcement issues were discussed. Deputy City Attorney Paula Houston noted zoning ordinances in such facilities would be treated like any other. Commissioner Taylor thought th...


Planning Commission Minutes 06/12/2007:
...moving into the neighborhood for his children to play with. They have two facilities in their neighborhood already for this type of use. PLANNING COMMISSIONJune 12, 2007Page FourteenMargaret Folston lives directly across from this property. She pointed out the other facilities that are for the same use in the neighborhood. She wants it to remain single family.Gloria Shakespeare said part of the handicapped situation is that you don’t treat them differently. The zone is R-1-8 and even if you turn the lot into an RCC zone it would not meet the requirements. The real question is would you rezone this parcel for anyone. She asked for them to deny this request.Jim Weatherspoon is on the Board of Directors for Turn Community Services offers. He pointed out that there is 24-7 care for these people there. They are willing to give deed constrictions. Turn has been around for 35 years. The opportunity to have these people for neighbors does not drop the values of their homes. Susan Pettal wants to recognize the support that is present for Turn this evening. Boyd Campbell said he believes the services that Turn Community Services. He is satisfy that people that live in these homes are an asset. He would like to see this application approved.Margaret reminded Planning Commission that there are 6 of these facilities from Bluff to Main. MOTION: Commissioner Taylor commented that ...


City Council Meeting Minutes Minutes 09/27/2018:
...ef Rich Farnsworth at the next meeting.   DISCUSSION REGARDING CITY FACILITIES: Support Services Director Marc Mortensen introduced Danny Fox and Jim Child with JRCA; they prepared a conceptual design for the Police Department and the City campus.  A facilities task force, consisting of Department Heads, was formed.    Mr. Fox explained the process after which he presented a PowerPoint presentation covering the following topics:  PD: needs assessment, space needs summary, concept design, concept plan; and City Hall: include, site plan, concept plan main level, and lower level.   A discussion took place regarding concerns with flow and security, entrances into building, and departments that can stay in their current area but increase space.  The Council also discussed an information counter, customer service center, and privacy issues.      Mr. Child mentioned parking.  Over the years, City offices should see less public because of online, but expanding for more employees, not losing any parking.  He then spoke about staff parking options.   After being asked by Councilmember Baca, City Manager Adam Lenhard explained a portion of police impact fees can be used to fund the new growth.    Mr. Fox suggested different rooms for drug and weapons storage.     St. George City Council Minutes September 27, 2018 Page Two   After being asked by Councilmember Bowcutt, Administrative Services Director Trevor Coombs explained that more payments are taken through the drive thru than at the counter; staff has a hard time keeping on top of phone calls.   A discussion took place regarding the potential budget for the proposed project.  The City will most likely have to bond for the project as it will be costly, but less expensive than a new building.  Mr. Fox showed a slide outlining the potential costs.    Mayor Pike commented there is a need to understand how space is used.  He feels this proposal is on the right track and believes there is a need to be prudent but build all that can be now and use this site for as long as possible.   After discussing a time frame and a plan for financing, the consensus of the Council is to move forward.   DISCUSSION REGARDING ELECTRIC SCOOTERS: Support Services Director Marc Mortensen introduced John Anderson with Lime, a company interested in coming into St. George.  He has been working with representatives from both Lime and Bird.  The technology is new; therefore, he has been looking at existing licensing agreements.  He noted the scooters are GPS monitored.    Mr. Anderson explained how to check out the process works and also how to navigate the scooters, how payment is made, and a checklist of legal issues. He outlined how the scooters will charge and explained that they will determine routes and provide data to the City.   Mr. Mortensen stated the Active Transportation Committee commented these scooters are not “active” but “alternative” transport.  The Committee spoke about how electric scooters will affect the bike-share program; in talking with other cities, they do not feel it will negatively affect the bike-share program.  Electric scooters are used mostly by tourists and students while the bikes are typically used by residents.   There is nothing in place for ground rules for these companies on where they can and cannot park the scooters.  The ordinance was recently amended to allow bikes on sidewalks; the same would be true for the scooters.   The Council discussed concerns pertaining to clutter, parking scooters in areas they shouldn’t be or where the City would not like to see them, and how age limits are monitored.      Mayor Pike commented he believes this is coming; this is the new economy and is perfect for St. George.  Education will need to be done and there needs to be communication with other cities.  Changes can be made when problems are seen.     After being asked by Mayor Pike, City Attorney Shawn Guzman explained with regard to the agreement, staff needs direction from the Council.  Further, there will need to be a discussion with UDOT to look at roads or bike lanes.  Additionally, he would like   St. George City Council Minutes September 27, 2018 Page Three   to speak with attorneys in Salt Lake City.  Right now, he would suggest making them available now and then work with the Police Department if they have any concerns.   The consensus of the Council is to move forward.    DISCUSSION REGARDING FUNDING FOR SWITCHPOINT RESOURCE CENTER: City Manager Adam Lenhard mentioned the SwitchPoint board meeting he recently attended.  During their budget discussion, he noticed some figures they believed the City was going to contribute to that he was unaware of.  He clarified that in the current budget, the Council approved contributing $500,000 to Riverwalk with an additional $200,000.  Recently, the City committed to provide $120,000 for operational funding; this amount was taken from the approved $200,000 contribution.   Executive Director Carol Hollowell explained they still plan on going to the Legislators to get help with funding, she does not foresee this being an ongoing problem. It has been a tough year for them.  They have increased their fundraising efforts and programming; therefore, she feels like their budget shows they can make it.   Councilmember Bowcutt commented that he is worried this is affecting the case managers who help the homeless.    Mayor Pike noted that City Attorney Shawn Guzman assisted with the bill to get the St. George Mayor a seat on the State’s Homelessness Committee, which will help quite a bit.    Ms. Hollowell stated their outcomes have shown to the State that they have exceeded them in all avenues.  It takes money to get each client through the system.  SwitchPoint and the City have proven this model to be successful; a community resource center is the way to go.  As the population grows so does homelessness and poverty.  She is hoping to obtain funding based off numbers.    Councilmember Hughes noted that SwitchPoint is working phenomenally.  Riverwalk is a separate project.  The operational funds were taken from the $200,000 contribution already approved in the budget.  He feels that the City should support them in all ways it can.  SwitchPoint is a model for the state.  They are not giving a handout; rather they give people resources they need.   City Attorney Shawn Guzman mentioned that Senator Don Ipson and Representatives Lowry Snow and Brad Last assisted in getting funding and helped getting the St. George and Odgen mayors on the state homeless board.  Looking at the square footage they are using per person in Salt Lake versus SwitchPoint, it could have reduced the census at the current building.  There is a need to expand if these requirements, which are already on the books, are imposed.  St. George and Odgen are the only cities with city sponsored shelters.       St. George City Council Minutes September 27, 2018 Page Four   David Dangerfield with the SwitchPoint Board stated that Riverwalk will eventually be a funding source.  It is $12 million project, approximately $5 million comes from tax credits, $1.7 million was raised through charitable funds, some funds were received from the City and they have some loans.  He thanked the Council and commented they could not do without support from the City.    Budget Manager Deanna Brklacich commented that it is great to hear thing are going well.  $183,000 was set aside for three (3) months for operational funds, if they need it.  It did not require a budget amendment as it was within the same fund, it was just reallocated to Riverwalk.  The housing fund is funded by property tax revenues received from the Economic Development Agencies (EDAs).  There is not an ongoing, even cash flow throughout the year; the numbers are not known until after the books are closed.    Ms. Hollowell explained as long as they have a letter of commitment by closing, it satisfies the lender.   Ms. Brklacich added there are some Community Development Block Grant (CDBG) funds that can be used for the Riverwalk project, not for the actual housing portion itself, but for items such as a playground, pavilion, or parking lot.  Staff can write a letter of commitment and point out specific line items for the CDBG funds.  She pointed out that it is difficult to forecast the revenue in the housing.   The consensus of the Council is to support SwitchPoint and to find funding in the CDBG program to allocate for specific items at Riverwalk.   Ms. Hollowell mentioned that Grace Episcopal Church has asked them to move out the soup kitchen as they have outgrown it.  They are looking at a location in the industrial area.    DISCUSSION REGARDING THE DINOSAUR AH-TORIUM/DISCOVERY SITE’S REQUEST TO RAISE ADMISSION FEES: Diana Acevedo with the DinosaurAh!Torium Foundation provided and outlined a table showing current and proposed fees for admission to the Dinosaur Discovery Site.  She noted fees have not increased since 2005.   City Manager Adam Lenhard inquired about the discount for City employees.    Ms. Acevedo believes it is a holdover from when the City ran it.    Mayor Pike and the Council agreed there is no reason to maintain the City employee discount.   Ms. Acevedo handed out photos of proposed signage updates.    The Council would like Ms. Acevedo to contact John Willis regarding sign ordinances and to make sure Facilities is involved so there is no damage to the building.    ...


City Council Meeting Agenda Agenda 03/05/2020:
...g fiber-optic cables that they either own or lease that are connected in a facilities network to provide internet access to customers. FirstDigital desires to expand its business within the City which will require expansion of their facilities network.  This agreement identifies the terms which will allow FirstDigital the nonexclusive right to install and maintain fiber-optic cables within the Public Ways as part of the facilities network. This agreement is similar to the previous telecommunica...


City Council Meeting Minutes Minutes 02/20/2020:
...sentation covering the following topics: Support Services Management Team; Facilities – By the numbers, Employees, Energy savings, completed projects, SHAC schedule, Home for Facilities, and Proposed projects; Technology/GIS – Employees, By the numbers, Current projects, Completed projects, Proposed projects, Remote work support, and Google data & analytics; Golf – Employees, Current projects, Completed projects, Proposed projects, and Proposed purchases; Bikeshares & scooters; and Ironman.   Energy Services Director Laurie Mangum presented a PowerPoint presentation covering the following topics: Our world in 90 seconds (video); Completed projects; Aging work force; Generation; Transmission & Distribution; and Substation.   Water Services Director Scott Taylor presented a PowerPoint presentation covering the following topics: 2019 Water Services Department summary; Water conservation; Budget kick-off meeting with City Council; Wastewater Treatment Plant expansion; Gunlock arsenic treatment plant; Culinary water, secondary irrigation & sewer master plan updates; Water rate restructuring; Sewer rates; Aging infrastructure; Existing sewer rate; 2019 annual utility rate survey; Avg. monthly wastewater utility fee; Avg. monthly wastewater utility fee; Federal and state legislation; Management of Hazardous Waste Pharmaceuticals; Revised lead & copper rule: EPA; Water loss audit; City Creek to Ledges Pipeline; Ledges reuse line; Sand Hollow Regional connection; Entrada irrigation line; Future water supply; and Department goal for 2020.   Leisure Services Director Shane McAffee provided a PowerPoint presentation covering the following topics: Budget FY 2020/2021; Divisions; Parks/Recreation/Trails Master Plan; Master Plan highlights; Parks operations/maintenance; Park operations; Arts & Events; Arts; Marathon and Events; Recreation – sports/facilities; Highlights; Dixie Center; Park Planning; Current projects; Futu...


City Council Meeting Agenda Agenda 04/16/2020:
...he City has historically provided $20,000 in cash sponsorship, and in-kind facilities and staff in addition to the cash contribution.  The total value of the sponsorship is approximately $150,000.  The Senior games brings in several thousand participants over a two-week period and provides a very large financial benefit to the City and County through various sales and lodging taxes and direct benefit to the retail businesses here in St. George.  Staff recommends approval.   h.    Consider approval to continue sponsorship of the Downtown Farmer's Market event for Modern Farm & Artisan Co-op on Saturday mornings beginning May 16, 2020, through November 7, 2020, with a holiday market on December 19, 2020.   BACKGROUND and RECOMMENDATION:  This annual/seasonal event is held at Ancestor Square on Saturday mornings between 9:00 a.m. - Noon.  The sponsorship request includes:  1) Fee waiver for the Special Event Permit Fee ($75-$150/day), 2) Fee waiver for the Sub-License Fees ($5 each). Due to COVID-19 restrictions, two operation plans are included this year: Plan A: Online order/payment with curbside pickup.  Plan B: Regular market open to the public as in past years.   i.     Consider approval of an agreement between the City and Zagster to operate an e-mobility program in St. George.   BACKGROUND and RECOMMENDATION:  The City was recently notified by Zagster that Spin would be pulling its scooters out of St. George at the end of March. We have been working with Zagster to bring a new e scooter or comparable device into the market to replace the scooters. Zagster is working with a company called Wheels that is interested in serving the market with a e-mobility device that is a cross between an e bike and an e scooter. The program would function very similar to the Spin program with the exception of the payment amount that comes back to the City. Instead of $1 per e scooter per day, the City would receive $.10 per e mobility device per day. This is consistent with the highest amounts being paid throughout the country.   We anticipate the launch of this new program in May or June.  Staff recommends approval.   j.     Consider approval of the minutes from the meetings held on January 23, 2020; March 5, 2020; March 12, 2020; March 26, 2020; and April 2, 2020.   2.            Public hearing and consideration of an ordinance approving a boundary line adjustment with Santa Clara - Dean Terry property.   BACKGROUND and RECOMMENDATION:  This request is consider adjusting the municipal boundary line between the City of St. George and Santa Clara City.  This adjustment will follow the alignment of the recently constructed water channel for Sand Hollow Wash.  This is located on the South side of Sun Set Boulevard at Tuweap Drive.  Zoning is C-2 and Open Space.  Staff recommends approval.   3.            Public hearing and consideration of an ordinance to change the name of a public street from Cottonwood Crossing Drive to Desert Resort Court.   BACKGROUND and RECOMMENDATION:  This request is to change the name of a public street from Cottonwood Crossing Drive to Desert Resort Court.  This is at the request of the developer and all adjoining lot/parcel owners have given their consent.  This is located at the intersection of Desert Canyons Parkway and Cottonwood Crossing Drive at approximately 3330 East and 5710 South (North of the Southern Parkway and East of Desert Canyons Parkway); zoning is C-2.  Staff recommends approval.   4.            Public hearing and consideration of an ordinance vacating a public utility easement located between Lot 144 of Meadow Valley Farms Phase 11 and Lot 4 of Meadows Edge Phase 2.   BACKGROUND and RECOMMENDATION:  This request is to vacate the public utility and drainage easement located between Lot 144 of Meadow Valley Farms Phase 11 and Lot 4 of Meadows Edge Phase 2 located at approximately 3860 South Quarry Ridge Drive; zoning is RE-20.  A new municipal utility easement is being granted on the newly adjusted lot line.  The Joint Utilities Commission recommended approval.     5.            Consider approval of a proposal from Staker & Parson Company to construct Commerce Drive.   BACKGROUND and RECOMMENDATION:  This proposal is for construction of Commerce Drive from 1630 East to 2420 East.  This project will commence in FY 20 and end in FY21. The remaining amount to complete the project will come from FY 21 funds.  Sewer, water and drainage improvements are also included in this project.  Staff recommends approval.   6.            Consider approval of a resolution accepting the 2019 Municipal Wastewater Planning Program.   BACKGROUND and RECOMMENDATION:  The Utah Board of Water Quality requires that each Publicly Owner Treatment Works conduct a self-assessment of our operations, maintenance, and planning related to the wastewater collection and wastewater treatment facilities.  The self-assessment also verifies that all effluent discharge requirements have been met.  This self-assessment is conducted on an annual basis. Staff recommends approval.   7.            Consider approval of Central - St. George 138 KV Transmission Project Participants Resolution.   BACKGROUND and RECOMMENDATION:  A resolution authorizing and consenting to the sale of the certain electric generation facilities to the City of Hurricane and approving the form of an equipment ...


City Council Minutes 10/29/2015:
...t fitness program that promotes activity. They contract with recreational facilities all over the United States to allow individuals who are enrolled in Medicare/Medicaid to use the facilities at a discounted price. Facilities that have entered into this contract have seen an increase in us...


City Council Meeting Agenda Agenda 02/06/2020:
...dinance regulating the design, location and construction of small wireless facilities in public-rights-of-way.   BACKGROUND and RECOMMENDATION:  The City recognizes a need to regulate the design, location, and construction of wireless communication facilities in public rights-of-way. This ordinance is to regulate the use of public rights-of-way by wireless communication providers related to small wireless communication facilities to the extent allowed by law to promote and protect public healt...


City Council Meeting Minutes Minutes 08/09/2018:
...TY IN UPDATING THE CITY’S IMPACT FEE ANALYSIS (IFA) AND IMPACT FEE FACILITIES PLAN (IFPP). Budget and Financial Planning Manager Deanna Brklacich explained the City's current Impact Fee Analysis (IFA) and Impact Fee Facilities Plan (IFFP) was approved in July 2014 which included projections over a 6 to 10-year period. City staff  recommends the IFA's and IFFP's for Water, Wastewater, Storm Water, Transportation, Power, Fire/EMS, Police, and Parks & Recreation be updated to reflect anticipated growth, developments, and facilities requirements, over the next 6 to 10-year period. The State Law h...


City Council Meeting Agenda Agenda 03/01/2018:
...ndary Irrigation, Wastewater Collections, and Wastewater Treatment Capital Facilities Plan and Impact Fee Facilities Plan updates.   D. Consider approval of a Class A Beer license for Target Corporation located at 275 South River Road.  Target Corporation, applicant.   E. Consider approval of a contract for design services for a detention basin and to upgrade storm drainage facilities in the vicinity of 2050 East and Colorado Drive.   F. App...


City Council Meeting Minutes Minutes 02/13/2018:
...rtensen presented a PowerPoint presentation covering the following topics; Facilities accomplishments; Facilities challenges & opportunities; Fleet accomplishments; Fleet challenges & opportunities; Technology accomplishments; Technology (GIS) since January 2017; Technology challenges & opportunities; Communications accomplishments; and Communications challenges & opportunities. Water Services Director Scott Taylor presented a PowerPoint presentation covering the following topics: Water Services Department summary; February 2017 influent flows; July 2017 influent flows; projects completed (or will be completed in FY2018); Wastewater Collections/Treatment; dental office category rule; mercury amalgam; EPA amalgam recycling rule; Wastewater Treatment Plant expansion; outfall lines; septic tank areas; septic tank failure; operation and maintenance of the collection system; secondary irrigation; irrigation system plans; water supply; Gunlock Water Treatment Plant; City Creek to Ledges pipeline; Sand Hollow regional line connection to Little Valley; future water supply; and summary. Economic Development and Housing Director Matt Loo presented a PowerPoint presentation covering the following topics: Economic Development; special projects; and City of St. George golf courses. Director of Golf Operations Colby Cowan presented a PowerPoint presentation covering the following topics: golf budget summary; golf course capital outlays FY18; future capital needs; and revenue FY17 vs FY18 (YTD). Police Chief Marlon Stratton presented a PowerPoint presentation covering the following topics: mission statement; staffing; incidents; trespassing complaints; assault on police officer; wanted subject; response; request additional positions; police vehicles; and September 11, 2014. Fire Chief Robert Stoker presented a PowerPoint presentation covering the following topics: department overview; org chart; staffing; operating budget; department fleet & equipment; and capital projects. Administrative Services Director Trevor Coombs presented a PowerPoint presentation covering the following topics: org chart; what we’ve accomplished in FY17/FY18; utility e-bills; utility payment - trend by method of payment over 6 years; other stats; currently working on FY18/FY19; and department opportunities/challenges. Leisure Services Director Shane McAffee presented a PowerPoint presentation covering the following topics: What do you get for your $1.07 a week in property tax?; recreation facilities; successes; challenges; coming soon; and recommended for budget....


City Council Minutes Minutes 01/04/2018:
...INANCE: Public hearing consider amending the General Plan from PF (public facilities) to LDR (low density residential) on approx. 17 acres for “The Willows” located at approx. 2710 E Crimson Ridge Drive. Development Solutions, applicant.   Planning and Zoning Manager John Willis presented General Plan from PF (public facilities) to LDR (low density residential) on approx. 17 acres for “The Willows” located at approx. 2710 E Crimson Ridge Drive. He explained that this parcel was previously owned by the School District for a possible school site, however they have since decided not to build in this location and the surrounding zoning would match this change.   Mayor Pike opened the public hearing.  There being no comment, he closed the public hearing.   MOTION:      A motion was made by Councilmember Randall to approve the Ordinance for a General Plan Amendment from PF to LDR on approx. 17 acres for “The Willows” located at approx. 2710 E Crimson Ridge Drive.             SECOND:        The motion was seconded by Councilmember Arial.             VOTE:             Mayor Pike called for roll a vote, as follows:                                Councilmember Hughes – aye Councilmember Randall - aye St. George City Council Minutes January 4, 2018 Page Six   Councilmember Bowcutt – aye Councilmember Arial – aye Councilmember Baca – aye                                        The vote was unanimous and the motion carried.   PUBLIC HEARING/ZONE CHANGE/ORDINANCE: Public Hearing to consider a zone change from A-1 (Agriculture) and A-20 (Agriculture) to R-1-10 (Single Family Residential 10,000 Sq. Ft. Minimum lot size) on approx. 17 acres for “The Willows” located at 2710 E Crimson Ridge Drive.  Development Solutions, applicant.   Planning and Zoning Manager John Willis presented the zone change from A-1 (Agriculture) and A-20 (Agriculture) to R-1-10 (Single Family Residential 10,000 Sq. Ft. Minimum lot size) on approx. 17 acres for “The Willows” located at 2710 E Crimson Ridge Drive.  He explained that this property was also owned by the School District.   Mayor Pike opened the public hearing.    Cort Rasmussen, neighboring resident to the proposed zone change area,  commented that Crimson Ridge Road is very busy and requested that any houses built in this subdivision not front the road.    Mayor Pike mentioned that it is a bit premature at this point, but that this would certainly be considered going forward and thanked Mr. Rasmussen for his input.   Mayor Pike closed the public hearing.   MOTION:      A motion was made by Councilmember Arial to approve the Ordinance for a zone change from A-1 and A-20 to R-1-10 on approx. 17 acres for “The Willows” located at 2710 E Crimson Ridge Drive.              SECOND:        The motion was seconded by Councilmember Baca.             VOTE:             Mayor Pike called for a roll call vote, as follows:                                Councilmember Hughes – aye Councilmember Randall - aye Councilmember Bowcutt – aye Councilmember Arial – aye Councilmember Baca – aye                                        The vote was unanimous and the motion carried.   PUBLIC HEARING/VACATE ROADWAY/ORDINANCE: Public hearing to consider vacating a portion of 400 North Street located at approx. 364 West 400 North Street. for a portion of the roadway that is approx. 133 ft. X 6.50 ft. located just behind the sidewalk.  Stacy Young, applicant.   City Manager Gary Esplin explained that the agenda had 400 S which is incorrect it should read 400 N, but the public notice and Council packet was correct.    St. George City Council Minutes January 4, 2018 Page Seven   Assistant Public Works Director Wes Jenkins presented the request to vacate a portion of 400 North Street located at approx. 364 West 400 North Street for a portion of the roadway that is approx. 133 ft. X 6.50 ft. which is located just behind the sidewalk.  He explained that this area will be retained as a public utilities and drainage easement, and the purpose of this vacation is for a proposed 3 Lot subdivision to be known as Sandtown Bungalows located on the vacant property of 364 West.  This also allows the setback to be measured from the back of the sidewalk instead of 6.50 feet behind it.   Mayor Pike opened the public hearing.  There being no comment, he closed the public hearing.   City Manager Gary Esplin explained that the city has been working with others to look at refurbishing the older areas of town, and approving this would help to encourage new houses in the area which is encouraging for the city as well as the current residents of the area.   MOTION:      A motion was made by Councilmember Baca to approve the Ordinance vacating a portion of 400 South Street located at approx. 364 West 400 North Street as presented.             SECOND:        The motion was seconded by Councilmember Arial.             VOTE: Mayor Pike called for a roll call vote, as follows:                                Councilmember Hughes – aye Councilmember Randall - aye Councilmember Bowcutt – aye Councilmember Arial – aye Councilmember Baca – aye                                        The vote was unanimous and the motion carried.   PUBLIC HEARING/VACATE EASEMENT/ORDINANCE: Public hearing to consider vacating an easement located at the Hilton Roundabout located at 50 West and 1350 South.  Ried Pope, applicant.   Assistant Public Works Director Wes Jenkins presented the request to vacate an easement located at the Hilton Roundabout.  He mentioned that this was in conjunction with the development drawings for Commerce Point Phase 1 subdivision.    Mayor Pike opened the public hearing.  There being no comment, he closed the public hearing.   MOTION:      A motion was made by Councilmember Arial to approve the Ordinance vacating an easement located at the Hilton roundabout located at 50 West and 1350 South.              SECOND:        The motion was seconded by Councilmember Randall             VOTE:             Mayor Pike called for a roll call vote, as follows:                                Councilmember Hughes – aye Councilmember Randall - aye Councilmember Bowcutt – aye   St. George City Council Minutes January 4, 2018 Page Eight   Councilmember Arial – aye Councilmember Baca – aye                                        The vote was unanimous and the motion carried.   CONSIDER AN AMENDED FINAL PLAT FOR SOUTHGATE HILLS SUBDIVISION PHASE 5 TO MERGE TO CONTIGUOUS LOTS TOGETHER AND VACATE THE PUBLIC UTILITIES AND DRAINAGE EASEMENT LOCATED BETWEEN THE LOTS.    Assistant Public Works Director Wes Jenkins presented the amended final plat for Southgate Hills Subdivision Phase 5.  He explained that the purpose was to merge lots 15 and 38 together into one lot and vacate the public utilities and drainage easement located between the two lots.  He also mentioned that language was added to allow a walkout basement if approved by the City.   Mayor Pike opened the public hearing.  There being no comment, he closed the public hearing.      MOTION:      A motion was made by Councilmember Randall to approve the amended final plat for Southgate Hills Subdivision Phase 5 to merge to contiguous lots together and vacate the public utilities and drainage easement located between the lots as presented including an allowance for a walk out basement if approved.             SECOND:        The motion was seconded by Councilmember Baca.             VOTE:             Mayor Pike called for a vote, as follows:                                Councilmember Hughes – aye Councilmember Randall - aye Councilmember Bowcutt – aye Councilmember Arial – aye Councilmember Baca – aye                                        The vote was unanimous and the motion carried.   LOCAL CONSENT:       CONSIDER APPROVAL OF A REQUEST FOR LOCAL CONSENT FOR A CLASS C LICENSE, A FULL SERVICE RESTAURANT LOCATED AT 974 W SUNSET BLVD. APPLICANT - ARTISIAN GROUP LLC           City Manager Gary Esplin stated that this was for 700 Degree Artisan Pizza, a full service restaurant.  The business license department has received all the required information including the background history of the applicant.  The license will be pending the approval of Certificate of Occupancy from the building department.   MOTION:      A motion was made by Councilmember Randall to approve the request for a local consent for a Class C license for a full service restaurant located at 974 West Sunset Boulevard.             SECOND:        The motion was seconded by Councilmember Arial.             VOTE:             Mayor Pike called for a vote, as follows:   St. George City Council Minutes January 4, 2018 Page Nine                                                           Councilmember Hughes – aye Councilmember Randall - aye Councilmember Bowcutt – absent Councilmember Arial – aye Councilmember Baca – aye                                        The vote was unanimous and the motion carried.   BEER LICENSE:       CONSIDER APPROVAL OF A REQUEST FOR A CLASS A BEER LICENSE LOCATED AT 615 EAST ST. GEORGE BLVD.  APPLICANT – WALGREEN CO.           City Manager Gary Esplin explained that this is for a Class A beer license for what is currently the Rite Aid on the Blvd.  Walgreen Co. has purchased the business, but they plan to retain the Rite Aid name, so a new application is needed for the new ownership.   MOTION:      A motion was made by Councilmember Randall to approve the Class A beer license for Walgreens Co. for the location of 615 East St. George Boulevard as presented.             SECOND:        The motion was seconded by Councilmember Baca.             VOTE:             Mayor Pike called for a vote, as follows:                                Councilmember Hughes – aye Councilmember Randall - aye Councilmember Bowcutt – aye Councilmember Arial – aye Councilmember Baca – aye                                        The vote was unanimous and the motion carried.   DONATION AGREEMENT: CONSIDER APPROVAL OF A DONATION AGREEMENT WITH MBA PROPERTIES, LLC.  APPLICANT – MARV BLOSCH   City Manager Gary Esplin explained this donation agreement with MBA Properties (Sunbrook Ranch), proposes to donate a small remnant of land to the City adjacent to Mathis Park.  It is proposed that in the future the area will be improved as an emergency second access for the two adjacent properties, currently owned by MBA Properties, LLC, and Wall Family Rentals, LLC.  The properties do not have a second access at this time, and it will be needed in the future.  He also noted that per a delay agreement with the city, the landowners will have to install and pay for the improvements for the emergency access.   MOTION:      A motion was made by Councilmember Baca to approve the donation agreement with MBA Properties, LLC as presented.             SECOND:        The motion was seconded by Councilmember Bowcutt.             VOTE:             Mayor Pike called for a vote, as follows: St. George City Council Minutes January 4, 2018 Page Ten                                Councilmember Hughes – aye Councilmember Randall - aye Councilmember Bowcutt – aye Councilmember Arial – aye Councilmember Baca – aye                                        The vote was unanimous and the motion carried. SALE OF SURPLUS PROPERTY:              REQUEST TO PURCHASE SURPLUS CITY PROPERTY LOCATED AT 1210 WEST CIRCLE AND SHADOW POINT DRIVE.                     City Manager Gary Esplin explained that this is a request by Mr. Jed Hafen to purchase approximately 2.167 sq. ft. of surplus City property located immediately behind Mr. Hafen’s residence off of Shadow Point Drive and 1210 West Circle.  The adjacent homeowner would like to landscape this area.  It is part of a retention basin in the area but the area proposing to be purchased is higher than the basin so any landscaping the applicant plans on doing in this area should not affect the drainage.    Councilmember Baca inquired on the price of the sale.  Mr. Esplin stated that the City normally charges $1.50 per sq. ft. for surplus property.   MOTION:      A motion was made by Councilmember Hughes to approve the sale of surplus property to Jed Hafen located at approximately 1210 West Circle and Shadow Point Drive for $1.50 per sq. ft., and that the purchaser can’t negatively impact the adjacent detention basin and its ability to hold water.             SECOND:        The motion was seconded by Councilmember Baca.             VOTE:             Mayor Pike called for a vote, as follows:                                                           Councilmember Hughes – aye Councilmember Randall - aye Councilmember Bowcutt – aye Councilmember Arial – aye Councilmember Baca – aye                                        The vote was unanimous and the motion carried.   SET PUBLIC HEARINGS TO BE ADVERTISED FOR JANUARY 18, 2018.       City Planner Ray Snyder advised that the Planning Commission recommended setting public hearings for January 18, 2018 to consider: 1) a zone change amendment in the PD-C zone to develop the “Archibald” commercial center.  The property is generally located at the intersection of Astragalus Road and the Southern Corridor; 2) a zone change amendment in the PD-C zone to develop the “Henriksen Butler Building” and for approval of a second future building in the Riverwoods Mill Commercial Subdivision.  The property is generally located on 1600 South Circle between the Tonaquint Office Campus and the Santa Clara River trail; and 3) a zone change amendment in the PD-C zone to develop one single story medical office   St. George City Council Minutes January 4, 2018 Page Eleven        building on Lot 2 of the “BFF Commercial Subdivision” located at approximately 1100 East Riverside Drive.   MOTION:      A motion was made by Councilmember Randall to set the public hearings for January 18, 2018 as presented.             SECOND:        The motion was seconded by Councilmember Arial.             VOTE:             Mayor Pike called for a vote, as follows:                                Councilmember Hughes – aye Councilmember Randall - aye Councilmember Bowcutt – aye Councilmember Arial – aye Councilmember Baca – aye                                        The vote was unanimous and the motion carried.                                                                    BUILDING DESIGN AND CONCEPTUAL SITE PLAN (BDCSP)      City Planning and Zoning Manager John Willis presented a proposed Building Design and Conceptual Site Plan for expanding “Mesa Villa Condos” by adding an additional twenty-four (24) multi-family units in the R-4 zone.  The property is generally located at 1100 East 400 South.  He showed and outlined the building design and conceptual site plan to the Council as presented in the packet.   MOTION:      A motion was made by Councilmember Arial to approve the proposed Building Design and Conceptual Site Plan for “Mesa Villa Condos” as presented.             SECOND:        The motion was seconded by Councilmember Bowcutt.             VOTE:             Mayor Pike called for a vote, as follows:                                Councilmember Hughes – aye Councilmember Randall - aye Councilmember Bowcutt – aye Councilmember Arial – aye Councilmember Baca – aye                                        The vote was unanimous and the motion carried.   CONDITIONAL USE PERMIT      City Planner Ray Snyder presented a request to construct a detached residential        RV garage that will exceed 15 ft. unless a CUP is granted for a greater height.  The property is located at Lot 23 of the “Arbors” subdivision.  The zoning is R-1-12 and stated that the Planning Commission has reviewed the request and recommends approval.   MOTION:      A motion was made by Councilmember Arial to approve the Conditional Use Permit to construct a detached residential RV garage as presented.             SECOND:        The motion was seconded by Councilmember Randall.             VOTE:             Mayor Pike called for a vote, as follows: St. George City Council Minutes January 4, 2018 Page Twelve                                Councilmember Hughes – aye Councilmember Randall - aye Councilmember Bowcutt – aye Councilmember Arial – aye Councilmember Baca – aye                                        The vote was unanimous and the motion carried.   FINAL SUBDIVISION PLAT           Assistant Public Works Director Wes Jenkins presented a one (1) lot commercial final subdivision plat for “3202 East Crimson Ridge Drive Church Subdivision” located at 3202 East Crimson Ridge Drive.  The property is zoned R-1-8.  He showed and outlined the final subdivision plat.   MOTION:      A motion was made by Councilmember Randall to approve the one (1) lot commercial final subdivision plat for “3202 East Crimson Ridge Drive Church Subdivision” as presented.             SECOND:        The motion was seconded by Councilmember Arial.             VOTE:             Mayor Pike called for a vote, as follows:                                Councilmember Hughes – aye Councilmember Randall - aye Councilmember Bowcutt – aye Councilmember Arial – aye Councilmember Baca – aye                                        The vote was unanimous and the motion carried.   AMENDED PRELIMINARY PLAT           Assistant Public Works Director Wes Jenkins presented an amended preliminary plat for a twenty-four (24) unit residential subdivision located at 1109 East 400 South.  The property is zoned R-4.  He showed and outlined the amended preliminary plat.   MOTION:      A motion was made by Councilmember Arial to approve the amended preliminary plat for a twenty-four (24) unit residential subdivision located at 1109 East 400 South as presented.             SECOND:        The motion was seconded by Councilmember Baca.             VOTE:             Mayor Pike called for a vote, as follows:                                Councilmember Hughes – aye Councilmember Randall - aye Councilmember Bowcutt – aye Councilmember Arial – aye Councilmember Baca – aye                                        The vote was unanimous and the motion carried.     St. George City Council Minutes January 4, 2018 Page Thirteen   FEDERAL AID AGREEMENT CONSIDER APPROVAL OF A FEDERAL AID AGREEMENT FOR THE WIDENING OF RIVER ROAD TO 1450 SOUTH PROJECT.   City Manager Gary Esplin explained that this a Federal Aid agreement for providing additional funds for the widening of River Road from Riverside Drive to 1450 South to include two dual left turning lanes at both the River Road &  Riverside Drive intersection and the River Road/1450 South intersection.  The River Road bridge is expected to be widened with the project in order to accommodate the widening.  Right-of-way access will most likely need to be purchased from property adjacent to the intersection of River Road/Riverside Drive to accommodate the additional lanes.    City Public Works Director Cameron Cutler explained how this widening will benefit the city and help to move more cars through this busy intersection at one time.  He also explained that the City’s match to the project costs is $373,073.  The total funding for the project including the City’s portion of 6.77% is $5,523,73.  UDOT is administering the project.   MOTION:      A motion was made by Councilmember Randall to approve the Federal Aid Agreement for the River Road widening project for the amount of $373,973.             SECOND:        The motion was seconded by Councilmember Bowcutt.             VOTE:             Mayor Pike called for a vote, as follows:                                Councilmember Hughes – aye Councilmember Randall - aye Councilmember Bowcutt – aye Councilmember Arial – aye Councilmember Baca – aye                                        The vote was unanimous and the motion carried.   FEDERAL AID AGREEMENT      CONSIDER APPROVAL OF A FEDERAL AID AGREEMENT FOR THE 400 SOUTH UNDERPASS PROJECT.         City Manager Gary Esplin explained that this is an agreement with UDOT for the 400 South Underpass project namely for the design and construction of a pedestrian crossing under I-15 at 400 South.  The City has agreed to pay $600,000, Dixie State University has agreed to pay $600,000 and the Dixie MPO has agreed to pay $200,000.  UDOT has agreed to match these three amounts ($1.4 million) for a total project funding of $2.8 million.  UDOT will administer the project.  City staff have been in negotiations with the Ence family for the purchase of the property needed on the east side of I-15 and the project location.  Dixie State University has requested the following: 1) that DSU pay the City for their portion of the project and 2) the City pay UDOT the total of both the City portion and the DSU portion.       St. George City Council Minutes January 4, 2018 Page Fourteen   MOTION:      A motion was made by Councilmember Arial to approve the Federal Aid agreement for the 400 South Underpass project for the $1,200,000.             SECOND:        The motion was seconded by Councilmember Baca             VOTE:             Mayor Pike called for a vote, as follows:                                Councilmember Hughes – aye Councilmember Randall - aye Councilmember Bowcutt – aye Councilmember Arial – aye Councilmember Baca – aye   The vote was unanimous and the motion carried.   ADJOURN TO CLOSED SESSION: MOTION:      A motion was made by Councilmember Randall to close the regular City Council meeting and adjourn to a closed session to discuss the potential sale of property.             SECOND:        The motion was seconded by Councilmember Baca.             VOTE:             Mayor Pike called for a vote, as follows:                                Councilmember Hughes – aye Councilmember Randall - aye Councilmember Bowcutt – aye Councilmember Arial – nay Councilmember Baca – aye                                        The vote was unanimous and the motion carried.   ADJOURN CLOSED SESSION RETURN TO REGULAR CITY COUNCIL MEETING: MOTION:      A motion was made by Councilmember Baca to adjourn the closed session and return to regular City Council Meeting.             SECOND:        The motion was seconded by Councilmember Hughes             VOTE:             Mayor Pike called for a vote, as follows:                                Councilmember Hughes – aye Councilmember Randall - aye Councilmember Bowcutt – aye Councilmember Arial – aye Councilmember Baca – aye                                        The vote was unanimous and the motion carried.                                                 State of Technology Colleges Commissioner Dave Wolstenhume, Assistant Commissioners Joseph Demna and Jared Haynes addressed the Council.  Commissioner Wolstenhume stated that the State Board of Trustees held a hearing to remove the current Dean of the Dixie ATC from office.  He explained that he supports the difficult decision that they had to make, and feels that this move will help move the Dixie ATC forward in a more positive direction.  He stated that replacing this position may take time, as they are currently undergoing a national search for qualified applicants that will fit this position and help keep the program moving forward. St. George City Council Minutes January 4, 2018 Page Fifteen   Commissioner Wolstenhume stated that he Board is committed to St. George and the Dixie ATC and the success of the program here.  He admires the unity of the community.  He mentioned the wonderful new facilities that have recently finished and invited all to attend the ribbon...


City Council Meeting Agenda Agenda 08/09/2018:
...CITY IN UPDATING THE CITY’S IMPACT FEE ANALYSIS (IFA) AND IMPACT FEE FACILITIES PLAN (IFPP).   BACKGROUND and RECOMMENDATION:  The City's current Impact Fee Analysis (IFA) and Impact Fee Facilities Plan (IFFP) was approved in July 2014 which included projections over a 6 to 10-year period. City staff  recommends the IFA's and IFFP's for Water, Wastewater, Storm Water, Transportation, Power, Fire/EMS, Police, and Parks & Recreation be updated to reflect anticipated growth, developments, and facilities requirements, over the next 6 to 10-year period. The State Law h...


City Council Meeting Minutes Minutes 06/15/2017:
...rt of the Energy Efficiency Project (aka McKinstry Project) for City-owned facilities, and funded by the Energy Services Dept. in both the prior and current fiscal year; 9) To increase the All Abilities Park (Thunder Junction) budget to fund adjacent roadways, parking, and additional amenities not included in the original budget; and the funding of these items being provided by donations and other revenues received in prior years (i.e. held in fund balance); and 10) To increase the current year’s budget and carry forward unspent funds approved in the previous year for the Little Valley Soccer Fields project which overlapped into the current year more than anticipated due to unforeseen delays by the general contractor.    Mayor Pike opened the public hearing.  There being no comment, he closed the public hearing.   MOTION:      A motion was made by Councilmember Randall to approve the resolution amending the Fiscal Year 2016-2017 Budget as outlined. SECOND:        The motion was seconded by Councilmember Arial. VOTE:             Mayor Pike called for a roll call vote, as follows:   Councilmember Hughes – aye Councilmember Randall – aye Councilmember Bowcutt – aye Councilmember Arial – aye Councilmember Baca – aye           The vote was unanimous and the motion carried.   PUBLIC HEARING/FISCAL YEAR 2017-2018 BUDGET AND TRANSFERS FROM ENTERPRISE FUNDS TO OTHER FUNDS: Public hearing to take public comment regarding the proposed Fiscal Year 2017-2018 Budget and transfers from enterprise funds (business type) to other funds.   City Manager Gary Esplin explained under state law, as part of the budget approval process, public comment is required regarding the proposed fiscal year budget transfers from enterprise funds to other funds.  This is the first year state law was amended to send notices to utility customers; it has no effect on utility bills.    Mayor Pike opened the public hearing.    Resident Jerry Trojan explained there is a reason to do the accounting specifically and mentioned that Utah is catching up to other states.  The services provided by other funds for utility funds should have accounting.  Any transfers coming out of the utility funds St. George City Council Minutes June 15, 2017 Page Seven   should be based on a cost accounting basis.  All services provided to the City should be accounted for and should be paid.   City Manager Gary Esplin outlined how the City handles this process.  With regard to unbilled services, staff keeps track of everything.  In the past, Council has always recognized that this may change the cost of water and power and has chosen to provide the services.  In looking at the entire budget for the Water and Power Departments, this is a small amount of subsidy and will not affect current rates.          Mayor Pike closed the public hearing.   PUBLIC HEARING/NON-RECIPROCAL TRANSFERS FOR UNBILLED SERVICES FROM THE ELECTRIC AND WATER FUNDS TO OTHER CITY FUNDS: Public hearing to take public comment regarding non-reciprocal transfers for unbilled services from the electric and water funds to other City funds   Mayor Pike opened the public hearing.  There being no comment, he closed the public hearing.   PUBLIC HEARING/ADOPT FISCAL YEAR 2017-2018 BUDGET/RESOLUTION: Public hearing to consider public input regarding the Fiscal Year 2017-2018 Budget.   City Manager Gary Esplin presented the proposed Fiscal Year 2017-2018 Budget.  Department Heads have outlined their budgets at recent work meetings.   Mayor Pike opened the public hearing.    Residents Dave Patton and Eric Nilsson requested the Council add funds to plan for improvements in Sun River. Mayor Pike asked their request be discussed at a future meeting.    Mayor Pike closed the public hearing.   The Council discussed items they would like to exclude/include.   City Manager Gary Esplin outlined the changes he has per previous discussions with the Council and Department Heads as follows:   ●    The purchase of twenty-two (22) rifles for the Police Department at approximately $88,000. ●    Adjustment for two (2)vehicles for the two new positions in the Police Department at approximately $98,000. ●    Lock conversions for City facilities at approximately $20,900. ●    Automatic gate opener for the maintenance facility at the Little Valley Complex at approximately $5,000. ●    Accounts Receivable software upgrade at approximately $9,350. ●    A Legal Secretary position. ●    $1 million contribution to the RAP Tax fund from the Economic Development fund, along with $500,000 from property sales, and $1 million from Park Impact funds for Worthen Park at $1.8 million, Little Valley Sports Complex at $1.6 million , and Tonaquint Park $2 million.   City Manager Gary Esplin noted the revenues include the proposed fee increases.  If the wholesale rate of water increases, the City will have to pay it and pass it onto the customer.  Irrigation water is tied to the culinary rates; therefore, the irrigation rates need to be adjusted accordingly. St. George City Council Minutes June 15, 2017 Page Eight   Mayor Pike noted the Council has discussed the proposed budget at length.    MOTION:     A motion was made by Councilmember Baca to approve the resolution adopting the Fiscal Year 2017-2018 Budget as presented with the additions and changes. SECOND:       The motion was seconded by Councilmember Bowcutt. VOTE:            Mayor Pike called for a roll call vote, as follows:   Councilmember Hughes – aye Councilmember Randall – aye Councilmember Bowcutt – aye Councilmember Arial – aye Councilmember Baca – aye           The vote was unanimous and the motion carried.   PROHIBIT FIREWORKS IN DESIGNATED AREAS OF THE CITY/ORDINANCE: Consider approval of an ordinance prohibiting fireworks in designated areas of the City.   Fire Chief Robert Stoker outlined the proposed restrictions which will be in place from three days prior to the holiday, the day of the holiday, and three days after the holiday.    MOTION:       A motion was made by Councilmember Randall to approve the ordinance prohibiting fireworks in designated areas of the City. SECOND:         The motion was seconded by Councilmember Arial. VOTE:               Mayor Pike called for a roll call vote, as follows:   Councilmember Hughes – aye Councilmember Randall – aye Councilmember Bowcutt – aye Councilmember Arial – aye Councilmember Baca – aye          The vote was unanimous and the motion carried.   COOPERATIVE AGREEMENT: Consider approval of a cooperative agreement between the Utah Division of Forestry, Fire and State Lands and the City of St. George for the statewide wildland fire protection system.   City Manager Gary Esplin outlined the proposed agreement.  The Council heard a presentation from Wildland Fire at a recent work meeting.    MOTION:      A motion was made by Councilmember