Firehouse Park is a four-acre neighborhood park with a great playground, walking path, pavilion, and restrooms. An additional park feature is the dog park. The dog park has a secure fenced area where the public can take their dogs to run a...

J.C.  Snow Park is a 12-acre community park.  Surrounding the central parking lot and restroom facility are wide expanses of grass, three covered...

The 11 acre park is named in honor of the Mathis Family who donated farm land to the City of St. George. Although the fishing pond and park property were lost in the 2005 flood the park was re-built in 2008 with a number of added features and upgrades.

Tonaquint Park is a very popular park with lots of shade.  The variety of features at this park include eight tournament quality tennis courts, two covered pavilions,...

This 4.4 acre neighborhood park also serves as a retention basin for storm water runoff. The park amenities include restroom facilities, two sand volleyball courts, a children's playground, and two lighted tennis courts. The park provides trailhead acc

Vernon Worthen Park is a community park located in the heart of St. George adjacent to the St. George Leisure Services Recreation Center. This 4 1/2 acre park includes a gazebo, four separate picnic areas, restroom facility, chil...

This 18 acre community park has three softball fields, lighted basketball court and a children's playground with swings. The park also has a covered pavilion with picnic tables. Bloomington Park is a WiFi hotspot.

This park is also known as "Oval Park".  This 2.8 acre neighborhood park has a playground, swings, basketball court, covered pavilion, picnic t...

This 52-acre rustic community park is a rock climber's paradise. From Dixie Rock, also known as the Sugarloaf, spectacular views of downtown, White Dome, Zion National Park and Arizona can be seen. This park has a large trellis pavilion with two barbec

A 7 acre neighborhood park is a good spot for beginning rock climbers. This naturalistic park has two rock climbing boulders, restroom facilities, a trellis covered...

Also known as "Long Park", this 10 acre neighborhood park connects the surrounding cul-de-sacs and homes in a long strip of land which mimics a golf fairway.  A looped walking path winds its way through the park, linking a playground, swings, picn

Hidden Valley Park is tucked away in a quiet canyon.  Park amenities include a large children's playground, splash pad, open grassed area, walking trail, tennis courts, and a sand volleyball court. Hidden Valley Park is a WiFi hotspot. &nb

Located at the top of Main Street, Brooks Nature Park with its serene Cox Pond is a neighborhood park whose architecture and focal point are provided by nature. This histor...

Silkwood park is a 3-acre neighborhood park in the Little Valley area.  The park features a pavilion, restroom, basketball court, sand volleyball court...

Black Hill View Park provides spectacular views of the city or look to the east all the way to Zion National Park.  It is a small little park that is big on awesome vistas to look at while having a picnic, or jus...

St.  James Park is approximately 7 acres and is located in the St.  James neighborhood next to the Virgin River.  The park includes restrooms, drinking fountains, 60 foot pavilion, picnic table...

In 2008 this 1.0-acre park underwent major renovations with the aid of Community Development Block Grant funds to meet the minimum standards of a neighborhood park. Improvements include a covered pavilion with picnic tables and a larg...

This 8 acre park located along the Virgin River and adjacent to Seegmiller Marsh is a good location for bird watchers. This park offers a lighted half basketball court, children's playground with swi...

This 2 acre park is located along the Santa Clara River.  It is a pretty little park with an open grass area, playground, swings, and small shaded areas fo...

This is a lovely park that is shared with Sunset Elementary School.  It has a covered pavilion, playground, restroom, large grass area, paved walking path, and softball backstop.  During school hours the park is closed to the public but

This 13.5 acre neighborhood park nestled between Panorama Elementary and Pine View Middle schools was built during Utah's Centennial Celebration year. This park provides large play fields for soccer and softball, an asphalt loop tr...

Cottonwood Cove Park is a very popular 7 acre community park.  There is a unique playground, two climbing wall, two cover...

This 0.8 acre neighborhood park has lighted full and half basketball courts. Located across from Dixie State College the park also has a children's playground, small picnic pads with tables, and a...

Cox park is a beautiful 4.5 acre neighborhood park.  There is a walking path playground, swings, tennis courts,...

Dixie Downs Park underwent an extensive makeover in 2007 with the addition of a new cov...

Residents and visitors alike are served by the City's outstanding park system. The diverse mix of neighborhood parks, community parks, sport facilities and other provide a wide range of activities. The planning, design, and construction of park

A 1.1 acre neighborhood park has a lighted sand volleyball court and half basketball court plus one unlit half basketball court ready for a pickup game. Adjacent to Harmon's Market, the park also has a covered pavilion with picnic tables, ch

This 4 acre park is built in a detention basin and includes large turf area surrounded ...

This is a 7.0 acre neighborhood park that has a covered pavilion, picnic tables, sand volleyball, full basketball court, and half basketball court with a large open grass area.  A loop walking path goes around the park. &n

Shadow Mountain Park may go unnoticed because most of it cannot be seen from the street. Th...

This 8 acre park adjacent to downtown provides spectacular views of St. George's famous...

Park amenities include a pavilion (can be reserved), parking area, playground, restroom, turf grass areas, a paved walking path,...

This 1/2 acre rustic park highlights large boulders with petroglyphs. The carved images left beh...

This 5.5-acre community park provides direct access to the Halfway Wash Trail and connection to the...

...elocated and enhanced trailhead is now called the Crosby Family Confluence Park. This park anchors the Mayor's 5.2 mile loop walking trail as well as the Virgin ...

This 5 acre neighborhood park is on the west side of the Bloomington area.  It has a large...

This area of the park is the second phase of a multi-phase project.  This park has covered pavilions, two restrooms, with a future third restroom to ...

...ly a one-time event such as a sports tournament, concert, walk or run in a park/trail.  A park reservation AND a Special Event Permit are required to hold this type of event in a park or on a trail.  To have a special event you must first make the park or trail reservation and then contact Emilie Pinkelman at (435) 627-47...

...ons Softball Complex is a world class softball facility and a neighborhood park combined.  The parking access and field hub area recently been improved with trellis covered pavilions adjacent to the parking lot and raised seat wall planter

...is surrounded by some of the city's most prominent historic buildings. The park features several dramatic water features; a splash pad fountain with j...

...ly a one-time event such as a sports tournament, concert, walk or run in a park/trail. A park reservation AND a Special Event Permit are required to hold this type of event in a park or on a trail. To have a special event you must first make the park or trail reservation and then contact Emilie Pinkelman at (435) 627-47...

...ly a one-time event such as a sports tournament, concert, walk or run in a park/trail. A park reservation AND a Special Event Permit are required to hold this type of event in a park or on a trail. To have a special event you must first make the park or trail reservation and then contact Emilie Pinkelman at (435) 627-47...

  This scenic 10k will take runners through Snow Canyon State Park, continuing throughout the neighborhoods and finish at Ivins City Park.  Runners

...TER, 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 the...

The City of St. George will accept sealed bids for the following Surplus sale: COMMERCIAL STAINLESS STEEL RANGE, HOOD & WALK IN FREEZER There is no minimum bid and the City will review and co...

... be obtained from the City’s website: (www.sgcity.org/purchasing/openbids.php) or from Campbell & Associates Architecture, 46N200 E St. George, Utah ...

... at www.sgcity.org.   For questions about recreation, arts and parks, please call 435-627-4500. The drive-up window will remain open to ac...

The Concert in the Park Series is a celebration of wonderful music, open parks, and family celebration. The Series runs April through September at Vernon Worthen Park. Park seating is available. Families are welcome to bring blanke

Where can I park my RV? Recreational vehicles may be parked on the side of your home, out of the front setback. A typical front set back is 25'. Keep in mind that a corner lot has 2 front setbacks. You can park your RV in your driveway for up to two weeks for the purpose of prepar...

...arly 300 miles of trails, we're proud to now have the only year-round bike park in the state of Utah,” said Mayor Jon Pike. “For years

The Park Planning Division provides long-range planning and implementation of new parks, regional trails, other open-space recreational facilities, and major upgrades to existing parks and trails. Park Planning updates the City's Parks and Trails Maste

The St. George City Council has identified the bicycle skills park as a RAP tax funded priority. A bicycle skills park is a managed recreation facility that provides the opportunity for mou...

...g stewardship project so bring the whole family and enjoy a morning at the park.

Where should I park my car? Ample parking will be available at the Dixie Convention Center. Do not park on the surrounding streets. 

Where should I park? There will be ample parking in the Red Cliffs Mall parking lot. Since park of the parking lot will be used for the Kid's Criterium course, parks of the parking lot will be closed. If a part of the parking lot is closed, do not park there. It will be marked off. 

Crimson Ridge Park located at 3000 East Crimson Ridge Drive, St. George * No Reservation...

A Remarkable Play Space The Thunder Junction All Abilities park features a dinosaur theme that includes complete wheelchair accessible...

... boys and girls ages 7-13.  All of the sports will be played at local parks around the city.  Games will be played Tuesday evenings at Little Valley, Wednesday evenings at Mathis Park, and Thursday evenings at Sandtown Park (Parks are subject to change depending on availability). Weekly registration is available for you to pick your sports, or you may register one time for the entire seven week series. Please register for the park that best coincides to where you live.   Week 1-KickballWeek...

...7 to consider a request for approval of a conditional use permit for an RV park for 55 and older in a mobile home zone at approximately 2000 South and east of 2580 East would be tabled until the July 25, 2002 City Council meeting. COMMUNITY EDUCATION CHANNEL PRESENTATION: Stan Everett announced that the Community Education Channel is the recipient of an Emmy for sports broadcasting and is the only two year program in the United States to do so. The Community Education Channel also received a Telly, a major national award, earlier in the year. VIDEO UPDATE: Marc Mortensen presented a video update on several departments within the City and Skywest Airlines. Mayor McArthur again announced that Item 6A7 was tabled from this agenda and will be considered at the City Council meeting to be held July 25, 2002. AWARD OF BID: Consider award of bid for the purchase of S&C fuses for the Power Department. Purchasing Agent Sue Swensen presented two bids received: Western States Electric $49,775 Northern Power $57,200 She recommended award of a blanket purchase order to the low bidder, Western States Electric, in the amount of $49,775. A motion was made by Council Member Isom and seconded by Council Member Orton to award a blanket purchase order for S&C fuses to Western States Electric in the amount of $49,775. Mayor McArthur called for a vote, as follows: Council Member Isom - aye Council Member Orton - aye Council Member Whatcott - aye Council Member Allen - aye The vote was unanimous and the motion carried. AWARD OF BID: Consider award of bid for the purchase of glass beads for the Streets Department. St. George City Council Minutes July 11, 2002 Page Two Purchasing Agent Sue Swensen explained that glass beads are mixed with paint to make it reflective. She presented two bids received: Safety Supply & Sign $29,001.60 Potters Industries, Inc. $29,754.00 She recommended award to the low bidder, Safety Supply & Sign, in the amount of $29,001.60. A motion was made by Council Member Orton and seconded by Council Member Whatcott to award the bid to the low bidder, Safety Supply & Sign, in the amount of $29,001.60. 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. AWARD OF BID: Consider award of bid for the purchase of chemicals and fertilizers for all City departments. Purchasing Agent advised that bids were received from Simplot Partners, Helena Chemical, and Steve Regan Company. She recommended that blanket contracts be established with each vendor in an amount up to $200,000 each for the year. Departments will be advised to use the low bid for each item. A motion was made by Council Member Orton and seconded by Council Member Allen to award blanket contracts to Simplot Partners, Helena Chemical, and Steve Regan Company in an amount up to $200,000 each for the year. Mayor McArthur called for a 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. AWARD OF BID: Consider approval of a professional services contract for a Conservation Coordinator for fiscal year 2002-2003. Purchasing Agent Sue Swensen recommended award of a professional services contract to establish a blanket order for the next year in an amount not to exceed $24,000 with Community Links. A motion was made by Council Member Isom and seconded by Council Member Orton to approve a professional services contract with Community Links in an amount not to exceed $24,000 for this fiscal year. Mayor McArthur called for a vote, as follows: Council Member Isom - aye Council Member Orton - aye Council Member Allen - aye Council Member Whatcott - aye The vote was unanimous and the motion carried. St. George City Council Minutes July 11, 2002 Page Three CHANGE ORDER: Consider approval of a change order for professional services to Parsons Brinkerhoff for the Dixie Drive bridge/Heritage Village Subdivision road modification design. Purchasing Agent Sue Swensen recommended approval of a change order in the amount of $11,240.82. City Manager Gary Esplin explained this change order is for additional services not anticipated at the time the contract was let. A new access is being designed and one is being eliminated. Public Works Director Larry Bulloch commented that this change order is in response to public input received when the bridge was designed. The City is waiting for clearance from FEMA with regard to flood plain issues. A motion was made by Council Member Whatcott and seconded by Council Member Allen to approve the change order in the amount of $11,240.82. Mayor McArthur called for a vote, as follows: Council Member Whatcott - aye Council Member Allen - aye Council Member Orton - aye Council Member Isom - aye The vote was unanimous and the motion carried. AWARD OF BID: Consider approval to purchase police vehicles for fiscal year 2002-2003. Purchasing Agent Sue Swensen recommended purchase of six Crown Victoria police vehicles through the State contract with Butterfield Ford in the amount of $132,030. Council Member Orton inquired if local dealers were given an opportunity to bid. Ms. Swensen replied that police vehicles with all the required equipment are only available through the State contract. City Manager Gary Esplin explained that the requisition is dated in the last fiscal year and the City has already placed its order contingent on this action in order to realize a savings of $1,500 per vehicle. A motion was made by Council Member Allen and seconded by Council Member Isom to approve purchase of six police vehicles through the State contract with Butterfield Ford in the amount of $132,030. Mayor McArthur called for a vote, as follows: Council Member Allen - aye Council Member Isom - aye Council Member Whatcott - aye Council Member Orton - aye The vote was unanimous and the motion carried. AWARD OF BID: Consider award of bid for the purchase of bowls, tube and shaft for inventory for the Water Department. Purchasing Agent Sue Swensen advised that bid packages were sent to five vendors, but only one bid was received from Cutler Pump in the amount of $31,494.48. She recommended award of the bid to Cutler Pump in the amount of $31,494.48. St. George City Council Minutes July 11, 2002 Page Four City Manager Gary Esplin explained that having these extra parts on hand will save the greens, tees and fairways at the Sunbrook Golf Course in case a well goes down. Ms. Swensen advised that she contacted the other four vendors to find out why they did not respond to the bid. One vendor just recently located the bid package, one vendor failed to mail his bid, and the other two did not return her calls. A motion was made by Council Member Whatcott and seconded by Council Member Orton to award the bid to Cutler Pump in the amount of $31,494.48. Mayor McArthur called for a vote, as follows: Council Member Whatcott - aye Council Member Orton - aye Council Member Allen - aye Council Member Isom - aye The vote was unanimous and the motion carried. ORDINANCE: Consider approval of an ordinance amending Title 9, Chapter 3, St. George City Code, repealing Tonaquint Cemetery provisions for burial rights for veterans. City Manager Gary Esplin explained staff's concern from an operational standpoint is that it has become very difficult to maintain the current operation with the loss of revenue to the Cemetery Fund. The City's intent at the time of implementation of this program was to recognize the veterans for their service, and this is still appropriate to do. It is now proposed to recognize them by erection of a memorial to recognize all veterans, those currently interred in both cemeteries, and allow the families or others to have the veteran's name engraved on the memorial. The City does not wish to detract from the existing monument, but to add to it. The City would like to do this in conjunction with the veterans organizations and would like to dedicate the new memorial next Memorial Day. This memorial will recognize the veterans more visually than by providing them with a free plot. Marc Mortensen advised he would visit all veterans groups and explain the project to them. Mayor McArthur commented that the City's current method of recognizing veterans does not treat all veterans the same, and in order to make it more fair for all, this new program is being proposed. Ed Hansen stated he felt it was unfair to take away the free plot program, and the proposed memorial project does nothing to help veterans. Samuel Van Horn stated that veterans are due thanks for the service they gave not in just words, but in substance. He stated he felt veterans gave of their time and should now receive something, and to do away with the free plot program is a slap in the face. Mayor McArthur commented that the City is the only community in the State of Utah, or anywhere that he knows of, that provides a free plot to veterans. City Manager Gary Esplin commented that the City's intent is to allow the community to recognize veterans' contributions visually through a monument. Further, the City's present policy is not fair to the veterans who have already passed on or have plots in another cemetery. They should all the treated the same, and a memorial will do this. St. George City Council Minutes July 11, 2002 Page Five Council Member Isom commented her husband served in the Korean War and they own plots in the old cemetery. He commented he would rather be buried with his family and have his name on a memorial. A motion was made by Council Member Whatcott and seconded by Council Member Isom to approve the ordinance as presented. Mayor McArthur called for a roll call vote, as follows: Council Member Whatcott - aye Council Member Isom - aye Council Member Orton -aye Council Member Allen - aye The vote was unanimous and the motion carried. PUBLIC HEARING: Public hearing to receive public comments and review of the proposed Sand Hollow regional pipeline and alignment for said pipeline. Ron Thompson, Washington County Water Conservancy District, explained the concept is a joint project between the Water District and St. George, Washington, Santa Clara and Ivins. The project will bring a water supply from of the Sand Hollow/Quail Creek system to last for 20 years in terms of transmissions capability, and to supply the west side of the County with a stable water supply. He explained that the City's current 36" line is running at capacity. This proposal is to bring a 60" line from the Quail Creek treatment Plant to the south side of the river south of the Millcreek Industrial Park, cross the river with a 30" line and extend it to the highway up across Skyline Drive, with a 24" line from there to the Snow Canyon tank. The intent is to supply the water for the first four years out of wells the District has drilled in the Sand Hollow area. St. George will then expand the water treatment plant and the treated water will supplement the additional growth occurring within this area. Public input is desired for the scoping portion of the environmental assessment so that environmental concerns can be addressed. Brent Gardner, design engineer for the project, presented a power point presentation of the alignments considered and the proposed alignment. Sheridan Hansen, Washington County Water Conservancy District, advised that because the proposed line crosses BLM land, an environmental assessment is required. The pipeline will lie within a 50' corridor through Purgatory Flat therefore avoiding most environmental problems by staying within that corridor. The remainder of the line is within road rights-of-way and through the preserve within the tortoise fences. Environmentally, a route has been chosen which avoids most problems. Scoping is required as part of an environmental assessment to gather public comment about the issues the water line will create, such as endangered species, endangered plants, archaeology, etc. He distributed a hand-out describing the route of the pipeline and requesting public comment. The handouts were also distributed to members of the audience. Mayor McArthur opened the public hearing. There being no public comment, he closed the public hearing. PUBLIC HEARING/ZONE CHANGE/ORDINANCE: Public hearing to consider a request for a zone change from R-1-10 to C-3 for 1.42 acres located at 360 East Riverside Drive. Morley and McConkie, applicants. Community Development Director Bob Nicholson explained that the subject property is located along Riverside Drive between the Riverside Apartments and the R. O. Brown Professional Office Building to the south and west. The frontage of Riverside Drive is already zoned C-3, and the applicants are asking for this zoning to extend to the location of the City's trail. The Planning Commission St. George City Council Minutes July 11, 2002 Page Six recommended approval subject to submittal of an erosion control plan and complete the erosion control that links the apartments to the north with the R. O. Brown building. They have installed their erosion control, so the applicants would have to do similar erosion control improvements. Mayor McArthur opened the public hearing. There being no public comment, he closed the public hearing. Council Member Whatcott questioned why C-3 zoning was being requested when C-2 zoning would still accomplish everything the applicant wants to do. Stan McConkie, applicant, advised the reason C-3 zoning was requested is because existing zoning on most of the property is already C-3, and the intent was to unify the zoning. Development will consist of an office park and will be general office as permitted by C-2, therefore C-2 zoning would be fine. He stated he would have no problem with C-2 zoning of the entire parcel. Council Member Whatcott made a motion to approve the zone change to C-2 by ordinance. The motion was seconded by Council Member Allen. Mayor McArthur advised that the request is only for the back portion, and the front portion cannot be changed at this time. He then called for a roll call vote, as follows: Council Member Whatcott - aye Council Member Allen - aye Council Member Isom - aye Council Member Orton - 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 RE-20 to RE-12.5 for 40 acres located south on Little Valley Road at about 2800 South Street. Joseph Staska/Stephens Family Trust, applicants. Community Development Director Bob Nicholson explained the subject property is located on the west side of Little Valley Road east of The Knolls Subdivision. There have been a number of land trades in the past between this property owner and the School District, and now there are land trades proposed between the School District and the City. The property complies with the existing and proposed Master Plans. Council Member Orton inquired if RE-12.5 zoning would allow one large animal. Mr. Nicholson replied that it would, although most do not have large animals on lots that size. Joseph Staska, applicant, advised that the zone change request is less than is authorized under the proposed Master Plan. Mayor McArthur opened the public hearing. There being no public comment, he closed the public hearing. A motion was made by Council Member Isom and seconded by Council Member Allen to approve the zone change as requested by ordinance. Mayor McArthur called for a roll call vote, as follows: Council Member Isom - aye Council Member Allen - aye Council Member Orton - aye Council Member Whatcott - aye St. George City Council Minutes July 11, 2002 Page Seven The vote was unanimous and the motion carried. PUBLIC HEARING/GENERAL PLAN/RESOLUTION: Public hearing to consider approval of the updated General Plan and Land Use Map for the City of St. George. Community Development Director Bob Nicholson followed up on revisions to the plan suggested at the last meeting. The land use density table was corrected to designate R-1-7 as medium density residential. There is a proposed revision to The Ledges to address a buffer. The applicants' revised plan shows a series of one acre lots adjacent to Winchester Hills and the JEL Subdivision consisting of a 200' buffer. In the Little Valley area, based on comments received it is proposed that rural residential zoning be extended. Rural residential is defined as anything up to two homes per acre. A person should not feel entitled to that zoning, however, as the City Council and Planning Commission have to look at the site-specific conditions to determine what the appropriate density should be. He advised that the City is hoping to conduct a study to further define the South Block area, as right now it is highly conceptual. There are some minor commercial nodes on Snow Canyon Parkway in the Entrada area and at the intersection with Dixie Drive, 1400 West and Highway 18. When the zoning application comes in, the City Council will have to make decision on whether the proposed uses are correct. There are additional maps which will be included in the published report. The Downtown Committee has done a lot of work and the proposed plan tries to support their proposals. The area from 700 East to 500 East is proposed to be classified as low density residential, even though part of it today is zoned R-2. Mayor McArthur opened the public hearing. Gloria Shakespeare, a member of the Neighborhood Enhancement Committee, advised that research was conducted of the area from 100 South to 700 South and from Bluff to 700 East to identify owner-occupied homes, rentals, apartments and condos, and density levels. Maps of the area were displayed. Ross Taylor advised he and Jim McArthur conducted a study of the area from Bluff Street to 200 East and from the Blvd. to 700 South to determine density and type of occupancy. This area consists of 30 blocks out of 170 in the downtown area. He expressed concern with density as well as use. Within the 30 blocks there is an average density of 45 units per block, which is high density for the zoning. There is a concern about the increasing number of units changing from owner-occupied to rentals. Rental units are about equal to owner-occupied units in this area. With that high density of rental units, there is a high turnover which shows up in the school system and influences lifestyle and quality of life. He suggested that a rental ordinance be adopted. Jim McArthur advised that of the nine blocks in the center section which are R-1-8, not one qualifies for R-1-8 zoning today. With an average of over 40 units per block, the density is much greater than it should be. Part of the problem with West Elementary today is a result of what has taken place in this area. Also, there are many homes zoned R-2 that are currently being used as R-1 homes, and the recommendation is that the homes should be left as they are now - a single family dwelling. There is an opportunity now to not increase the density in this area and to downzone and make it possible for more single family residential homes to be built on vacant property. Richard Mathis advised that he conducted a study of the area from 200 East to 500 East and from the Blvd. to 700 south. This area is largely single family dwelling units with some AP and R-3, and many PUDs. There are 484 housing units in this area - 328 are owner occupied, and 156 are rentals, making one-third rentals. This represents eleven blocks after deducting out the parks, hospital, and church properties. Residents in this area facing a change as the homes age and there is very little room for new homes. When these properties change hands they more than likely become rental properties, and if the zone St. George City Council Minutes July 11, 2002 Page Eight allows, they become duplexes. This has a vast impact on single family dwellings in the area as far as value of the well-kept, maintained homes in the same neighborhood. Also, because of declining property values created by the rentals, residents are hesitant to update and make improvements to their homes. He encouraged holding the line on any upzoning and, where possible, to downzone to R-1 single family only, and be prudent in allowing any new PUDs in this area. Kenton Barker advised that he conducted a study of the area from 100 South and 700 South and between 500 East and 700 East. The area between 400 South and 700 South is zoned R-1 except for some R-3 and consists of six blocks. Five blocks are low density, but one block has high density. There are 142 residential units in this area, with 84 owner occupied and 58 rentals. 40% are rentals, but 33% of those rentals are in one block. The other area studied is the area between 100 South to 400 South and from 500 to 700 East. This is zoned R-2. There are 135 units in these six blocks, with 116 owner occupied and only 19 rentals. There are 108 single family homes, which is 80% of the total. There is a great difference between the east and west ends of town. The west end has become high density. It is proposed to maintain the status quo. He distributed a petition signed by 85% of the homeowners in the area for rezoning from R-2 to R-1. Neighbors met several months ago to discuss potential changes in the area by the College. He distributed a brochure emphasizing the benefits of living in the downtown area. He asked the City Council to zone the area R-1 in accordance with the actual usage. Many of the homes now have young families. He stated that housing which attracts more rentals is not needed, but housing that attracts yong families whose children will attend the existing schools and whose parents will be actively involved in the community is needed. Stability of neighborhoods is desired, with an end put to deterioration that has affected other blocks due to fast, high density development. Rezoning of the area below 400 South would help maintain a quality neighborhood surrounding the College. He commented that there is already sufficient student housing on the north, east and south sides of the College, as well as in outlying areas. He stated residents of the area want to preserve the integrity of their neighborhood and ensure property values are maintained and are not negatively impacted due to deteriorating properties. The City has invested much in the downtown area and this investment should be maintained. The Neighborhood Enhancement Committee supports the Planning Commission's recommendations concerning the Amended General Plan in the downtown area. Doug Alder advised that interior downtown neighborhoods often become blighted, as in Ogden, Salt Lake City, and Provo. The purpose of the study was how to prevent the downtown area from becoming blighted. At the core is the historical district, surrounded by downtown neighborhoods. The area he and Kenton Barker studied is quite different from the west downtown area, as the area consists mainly of owner-occupied single family homes, beautifully landscaped and well maintained. There are also excellent amenities. The area is endangered and may become like the blocks to the west unless action is taken. He suggested that the City Council act now to prevent decline. The area does not now need rehabilitation, only rezoning. The neighborhood can be saved from decline, but if the City Council does not act now, many residents will be encouraged to move out. There are many young families moving in and the neighborhood is revitalizing as they move in. It is hoped that federal programs can be obtained to attract more young families. The Committee commits that they will be involved for another decade to work closely with the Planning Commission, and report violations of the Zoning Ordinance. Sidney Davies expressed concern with the SID in Little Valley and wondered how development in the area will affect the SID as it has not yet been resolved. It is hoped that as developers come in and use the rights-of-way, they will assume some of the SID fees. With development, developers are going to use the access that the residents paid for, and development of the sewer lines. Many of those who voted for the SID did not have to pay into the SID, which overruled St. George City Council Minutes July 11, 2002 Page Nine the votes of others because of the amount of land owned. She inquired about a trail system in the Little Valley area. She expressed hope that the City Council would not allow higher density in the area and that it be preserved while still allowing growth. She commented she would hate to see the ranchers forced off their land by development. Gloria Shakespeare reviewed the maps of the downtown area with the City Council. Council Member Isom commented that she has lived in her home on 100 South for 37 years, and tonight is the first she realized the zone had been changed to R-2. Mrs. Shakespeare advised that many residents do not realize that the zone in which they live is R-2, 3 or 4. The danger with R-2 zoning is that 6,000 sq. ft. is needed for the first residence, and only 2,000 sq. ft. for the second. Every home within an R-2 area on an 8,000 sq. ft. lot can turn into a duplex. As she has researched throughout the entire country, this zoning is almost unheard of. Most cities require 6,000 sq. ft. for the first residence and 6,000 sq. ft. for the second. If the vision for the City is aesthetically pleasing neighborhoods and management of growth to protect the quality of life, she inquired how current zoning and development help to create and protect neighborhoods. She then read an excerpt from a decision of a Utah Court of Appeals case regarding downzoning. The Neighborhood Enhancement committee believes the City should downzone to conserve the value of properties and encourage the most appropriate use thereof, promote the integrity of neighborhoods and preserve and create residential character which is related to the general welfare of the community. By restoring and protecting single family homes, the City Council will also protect the public health, safety and welfare in the heart of the community. Much has been invested into the historical sites, and most are in the downtown area. If these sites become unhealthy, unsafe and unattractive, it will affect the tourist industry and economics. The General Plan states that residents have the right to determine the quality of life they wish to preserve. The quality of life is the same as stated in the General Plan, a city with shade trees, well-landscaped areas, aesthetically pleasing neighborhoods, well landscaped areas, relatively crime free, and where growth is well managed. The Neighborhood Enhancement Committee has performed its in-depth study to assist the City Council in restoring balance and vitality to the heart of the City. She asked that the property be downzoned to what it is currently being used as, high density construction be stopped, available vacant ground utilized for single family development to help create healthy single family neighborhoods, and that a rental ordinance be adopted to help protect single family neighborhoods. Melanie Olsen, principal of West Elementary, commented that West Elementary's students have 83% mobility, 45% are on the free and reduced lunch, 20% are ESL, 17% come from single families, and 4% are homeless. Homeowners and strong families are needed back in the area, as there is an outside fringe element that turns over every 90 days, as it takes 90 days to be evicted. She supported the idea of having the stability of homeowners in the area. Dixie Andrus, principal of East Elementary, advised that right now the school has the perfect balance and diversity - it has the largest ESL population and a large percentage of students on the free and reduced lunch program, but there is also a very strong section of single family homes. She asked the City Council to not allow a change in the area. Brent Greenwood advised that he owns two pieces of property in the Little Valley area. The amended General Plan shows one parcel as low density residential and the other as rural residential. He asked that both pieces be zoned low density residential. St. George City Council Minutes July 11, 2002 Page Ten Mayor McArthur replied that the General Plan is not necessarily site specific and properties located along the borders can change as part of a zone change request. Bob Nicholson commented that with regard to the downtown area, once the General Plan is adopted, staff will work with the Committee to bring in blocks at a time for downzoning, starting with the east side by Dixie College as it is the most vulnerable because of student housing needs. Georgia Barker commented that some of the elderly residents in the east downtown area have been contacted by speculators who told them that if they don't sell to them now, they will have an apartment built next to them. There being no further public comment, Mayor McArthur closed the public hearing. Council Member Allen made a motion to approve the updated General Plan and Land Use Map with the changes presented by Community Development Director Bob Nicholson by resolution. The motion was seconded by Council Member Whatcott. He inquired about the master plan for the Ledges and asked if it needed discussion, as the proposed 200' buffer is in essence a single loaded road with one row of houses. Community Development Director Bob Nicholson commented that the Ledges master plan shows an area designated as "resort commercial." There is no such designation within the City's General Plan. He suggested that the designation either be removed pending a more detailed plan, or that it be called something other than resort commercial, perhaps mixed residential. Randy Deschamps commented that the buffer is a single loaded road, with the assumption that an acre lot would be 200' x 200', and this was done in response to concerns expressed at the last public hearing by residents of Winchester Hills. He commented that many things will be done there and the City Council will see every issue, there will be many hearings, and neighbors will have the opportunity to comment and review them. He stated he did not think there would be a problem with what is intended. He stated the if one acre lots are done on one side of a street, it is likely there might be the same thing on the other side of the street, or whatever is going to make land use sense. There might also be open space adjacent to that area as part of the buffer. If the developers choose to not do acre lots in that format as a buffer, something else will be done in that area such as bridle paths to separate the developments. The developers would also like to have a buffer because they probably will not do the same kind of development as Winchester Hills. The acre lots that would be adjacent to Winchester Hills, if that is the form they will take, would probably have significant architectural controls on them in addition to just being acre lots. Council Member Allen inquired if the developers were considering doing any clustering. Mr. Deschamps replied that clustering would be done in some areas. This is why the developers did not want to do the acre lots necessarily, as that is contrary to the clustering, and they would rather have open space there and cluster somewhere else. When the City Council sees what will actually be done it will probably vary, but a minimum was put in there. The City Council will see any plan presented. Council Member Isom inquired what was planned for the resort commercial zone. Mr. Deschamps replied that the area is the center of where the golf course center may be, and the developers are not really asking for that designation. They are not too concerned about that, and will have to justify it in any event. St. George City Council Minutes July 11, 2002 Page Eleven Mayor McArthur commented that since the City does not have such a designation, it should not be shown. Mr. Deschamps replied he did not have a problem with that at all. Mayor McArthur commented that with regard to the Little Valley area and bridle paths, a lot of rights-of-way would have to be given and cooperation had within the neighborhood. The City would participate, but the neighborhood will have to decide because it is their land. The City cannot now come in and demand a trail through their property. City Manager Gary Esplin advised that the assessments in the Little Valley area are finished and will be mailed out shortly. Additionally, developers pay their costs the same as residents on whatever roads they impact, as well as their sewer costs. Each developer pays his or her same share as the residents are paying now. Brent Greenwood asked the City Council to vote on changing one of his parcels of property in the Little Valley area from rural residential to low density residential. Mayor McArthur replied that he would be able to come back and ask for a zone change on that piece of property. Community Development Director Bob Nicholson advised that Mr. Greenwood came in six months ago for a zone change in the area and was turned down. The City is trying to send a message that the City prefers rural residential zoning for the area in question. Council Member Orton advised Mr. Greenwood that he would have to show the City Council something a lot different than they looked at before in order to change the zone. City Manager Gary Esplin commented that the Master Plan is not so specific that a line can be drawn on a map, and when Mr. Greenwood comes in for a zone change, he can make argument for deviation from the General Plan. But the City cannot go out and specifically draw the line around people's boundaries as that is not what a General Plan is. It is a general concept and specifics are done when the actual zoning takes place. The message is in that particular area the City wants no more than two units per acre, maximum, unless circumstances change that opinion. Mayor McArthur called for a roll call vote, as follows: Council Member Orton - aye Council Member Whatcott - aye Council Member Isom - aye Council Member Allen -aye The vote was unanimous and the motion carried. Mayor McArthur called for a five minutes break. PUBLIC HEARING/ZONE CHANGE/ORDINANCE: Public hearing to consider a request for a zone change from R-1-10 to AP for property located at approximately 115 South Mall Drive. Rocky Mountain Corporation and Kent Heideman, applicants. Associate Planner Mark Bradley explained the property consists of 5.21 acres of property. The amended General Plan shows the area as professional office. The Planning Commission recommends approval. Current plans for the site include a mortuary. St. George City Council Minutes July 11, 2002 Page Twelve Mayor McArthur commented that the property in question is a narrow strip and the City is not allowing access onto Mall Drive because it is a collector road. Mayor opened the public hearing. There being no public comment, he closed the public hearing. A motion was made by Council Member Isom and seconded by Council Member Orton to approve the zone change by ordinance. Mayor McArthur called for a roll call vote as follows: Council Member Isom - aye Council Member Orton - aye Council Member Allen - aye Council Member Whatcott - aye The vote was unanimous and the motion carried. RESOLUTION: Consider approval of a resolution authorizing the sale of City-owned property to Mr. Gary Gardner in the area adjacent to the Southgate Golf Course. Mayor McArthur advised that this item was tabled from the last City Council meeting pending a site visit, which was made. Community Development Director Bob Nicholson advised that he and Mark Bradley also visited the site to view neighboring properties. The subject property is along the No. 12 fairway. He displayed pictures of how rocks were stacked on neighboring properties. The recommendation from staff is to have Mr. Gardner stack his boulders and terrace more in line with what the neighbors around him have done. Mr. Nicholson advised that Mr. Gardner is requesting purchase of 3,395 sq. ft. of City property. Council Member Whatcott commented that the rocks were the initial issue, but there is a secondary issue in that the rocks block the view of two lots next to it. To the west of the property is a natural barrier that ties directly with Mr. Gardner's property line. He suggested the wall begin on the actual property line on a 1:1 rate so that it matches the other decor in the area. Mr. Gardner will then not need the full 3,395 feet, and he expressed opposition to Mr. Gardner's purchase of 3,395 ft. as his rock slope extends an extra 27' and blocks the view of the other two lots. He made a motion to approve sale of enough property to Mr. Gardner to stack the rocks from the back of his property line on a 1:1 slope to the bottom. Mayor McArthur commented that a plan for stacking the rocks will have to be submitted to the City. Council Member Whatcott stated that the City would also have to approve the plan. The acreage sold to Mr. Gardner will have to be recalculated after submission and approval of the design. Council Member Allen inquired if there was a way to stop this from happening again. Council Member Whatcott replied that it is City property that is being encroached upon. Mayor McArthur commented that others have encroached on to City property, and they will have to do the same thing. City Manager Gary Esplin commented that this issue can be dealt with when the building permit is taken out. St. George City Council Minutes July 11, 2002 Page Thirteen Council Member Allen seconded the motion. Mayor McArthur called for a roll call vote, as follows: Council Member Whatcott - aye Council Member Allen - aye Council Member Isom - aye Council Member Orton - aye The vote was unanimous and the motion carried. Mr. Gardner stated that he did not understand the City Council's decision. Community Development Director Bob Nicholson replied that the City Council is asking that the rocks be stacked on a 1:1 slope from the edge of the property, and that a plan be presented to the City. Depending on how much land is consumed, that is what will be sold. Mr. Gardner inquired who would inspect the work. He was advised to work with Bob Nicholson. BEER LICENSE: Consider a request for approval of a beer license for the Blarney Stone at 64 North 800 East. Jill Mayer, applicant. City Manager Gary Esplin advised that the application has been reviewed and meets all requirements. It is a change of ownership. Mayor McArthur inquired of Chief Stratton what kind of response the police have had at the Blarney Stone in the last while. Chief Stratton replied that in the last year and a half there have not been many problems at all. A motion was made by Council Member Orton and seconded by Council Member Isom to approve the beer license. City Manager Gary Esplin commented that if there is a violation of the ordinance, the approval can be canceled at any time. Mayor McArthur called for a vote, as follows: Council Member Orton - aye Council Member Isom - aye Council Member Whatcott - aye Council Member Isom - aye The vote was unanimous and the motion carried. BEER LICENSE: Consider approval of a beer license for the Flying J Travel Plaza at 2841 South 60 East. Flying J, Inc., applicant. City Manager Gary Esplin advised this was a change of ownership. A motion was made by Council Member Orton and seconded by Council Member Whatcott to approve the beer license. Mayor McArthur called for a vote, as follows: Council Member Orton - aye Council Member Whatcott - aye Council Member Isom - aye Council Member Allen - aye St. George City Council Minutes July 11, 2002 Page Fourteen The vote was unanimous and the motion carried. USE OF PARK AND FEE WAIVER: Consider approval of use of Snow Park and request for a fee waiver for the North American Flyball Association. Linda Gummow and Jenna Brown, members of the Stampede Dog Racing Flyball Team for St. George, Utah, advised they currently practice in the Santa Clara Park, and would like permission to use Snow Park also. Practices are usually held on Sundays. They also requested a fee waiver as they are a non-profit organization. They would like to spray paint lines on the grass with the same kind of paint used on the soccer fields. They then played a video tape of the sport. Mayor McArthur advised that it is against City ordinance to allow dogs in parks if not on a leash. Council Member Whatcott inquired about pick-up and disposal of dog waste. Ms. Gummow and Ms. Brown responded that when the dog is not being run on the field by the owner, it is always contained, either in a pen, kennel or on a leash. Dog waste and trash removal is performed after each practice. All dogs must be vaccinated and licensed in order to participate. They advised they would like to eventually host a tournament in St. George. A motion was made by Council Member Allen to approve use of the park and a fee waiver. The motion was seconded by Council Member Orton. Mayor McArthur commented that approval to use the park should be on a trial basis. He then called for a vote, as follows: Council Member Allen - aye Council Member Orton - aye Council Member Isom - aye Council Member Whatcott - aye The vote was unanimous and the motion carried. Mayor McArthur again advised that Item 6A7 was tabled from the agenda and would be heard at the City Council meeting of July 25, 2002 due to a mix-up in City Council meeting dates in July. USE OF PARK: Consider a request from the Red Rock Center for Independence for approval to use Worthen Park on July 26, 2002. City Manager Gary Esplin advised the Red Rock Center for Independence would like to have a bake sale and face painting activity in Worthen Park as part of their march and celebration on July 26, 2002. Mary Herrera, Vista volunteer, explained that July 26, 2002 is the 12th anniversary of the Americans With Disabilities Act, and Red Rock Center would like to hold their second annual march and celebration in conjunction with this anniversary. A motion was made by Council Member Whatcott and seconded by Council Member Isom to approve use of the park as requested. Mayor McArthur called for a vote, as requested: Council Member Whatcott - aye Council Member Isom - aye Council Member Allen - aye Council Member Orton - aye St. George City Council Minutes July 11, 2002 Page Fifteen The vote was unanimous and the motion carried. CLARIFICATION OF ORDINANCES: Consider a clarification of the Park Ordinance and Business License Ordinance regarding mobile vendors selling adjacent to City parks. Deputy City Attorney Ron Read explained that mobile vendors are vending as close as they can to parks during organized activities at which other vendors have paid for the right to vend in the park, such as at the Art Festival. The Business License Officer has interpreted the Parks Ordinance to mean that a park includes the park side of the street, therefore a mobile vendor could not pull up next to a park and vend. However, they could vend on the other side of the street which creates safety problems for children crossing the street. Several mobile vendors would also like to go into parks (parking lots) which do not have concessionaires, such as Snow Park. They are also requesting permission to vend from the parking lots at Tawa Ponds. Mayor McArthur commented that he can see a problem arising where children might be in a park and wave a vendor over to sell them ice cream, and rather than the kids run across the street, they pull in next to the park. This makes sense. He commented that if the City does not have an organized activity in a park such as the Fourth of July, or Art in the Park, etc. where there are concessionaires, it would make sense to allow the mobile vendors to vend on the street side of the park. However, if there is a contract with a concessionaire at a park or City facility, mobile vending should not be allowed. Deputy City Attorney Ron Read advised that the Parks Ordinance stipulates that there be no vending or sales within a park. The mobile vendors' position is that a street is a street, not part of the park. Staff's position is that if a mobile vendor pulls up next to a park, that is vending in the park because that is where the sales are directed. Both ice cream mobile vendors have indicated they will stay away from the parks when there are concessionaires present. Mayor McArthur clarified that the issue is whether the mobile vendors can vend on the street side of the park when there are no concessionaires present, or they can buy a permit to vend in the park if there is a special activity, just like other vendors at special events. City Manager Gary Esplin advised that any time there is a commercial activity in the park, permission from the City Council must be obtained. Deputy Ron Read advised that the mobile vendors would like permission to also vend within the parks which have internal parking, such as Snow Park. Council Member Orton made a motion to approve mobile vending on the street side of the parks, and within the parks with internal parking, as long as there are no activities or concessionaires in the park. The motion was seconded by Council Member Allen. Mayor McArthur called for a vote, as follows: Council Member Orton - aye Council Member Allen - aye Council Member Isom - aye Council Member Whatcott - aye The vote was unanimous and the motion carried. City Manager Gary Esplin cautioned that staff will bring this issue back in for review if abuses are noted. 400 East is a very busy street and parking is at a premium. If the vendors are stopping in the travel lane and the children are going out into the travel lane, there is a problem. If there is no place to park, they should not be vending there. This is the position staff will take on this issue. St. George City Council Minutes July 11, 2002 Page Sixteen Leisure Services Director Kent Perkins advised that the City has exclusive contracts with concessionaires in the parks, and they pay the City for the right to be there. If mobile vendors are allowed to drive into the park or vend on the street side of the park, this would be contrary to the exclusive contract. City Manager Gary Esplin and Mayor McArthur clarified mobile vendors could not vend anywhere there is a concession. Council Member Whatcott clarified that the mobile vendors can vend in City facilities without concessionaires. City Manager Gary Esplin clarified that mobile vendors cannot vend in parks or City facilities which have contracted concessionaires, even if the concessionaire is not present, as they have paid for an exclusive right to vend there. Deputy City Attorney Ron Read advised that Herb Basso has already provided a list of parks which do not have concessionaires, and this will be passed along to the mobile vendors. John LeGant, owner of Dad's Ice Cream, stated it was never his intent to cause any problems as he was never informed about the prohibition of selling on the street side of the park. He stated that twice his drivers have been pulled over for stopping to sell. Mayor McArthur advised that parking for extended periods of time is not allowed, as mobile means moving from spot to spot. SET PUBLIC HEARING: Associate Planner Mark Bradley advised that a motion in Planning Commission meeting held June 25, 2002 to recommend advertisement of a zone change from RE-37.5 and OS to C-3 on 4.424 acres located west of Dean Terry's home at 2121 West Sunset Blvd. failed on a 3-4 vote. A motion was made by Council Member Orton and seconded by Council Member Allen to set a public hearing for August 1, 2002 at 5:00 to consider the zone change request. Mayor McArthur called for a vote, as follows: Council Member Orton - aye Council Member Allen - aye Council Member Isom - aye Council Member Whatcott - aye The vote was unanimous and the motion carried. HILLSIDE DEVELOPMENT PERMIT AND PRELIMINARY PLAT: Associate Planner Mark Bradley explained that both the Hillside Review Board and Planning Commission recommended approval of a hillside development permit and preliminary plat for Kachina Cliffs at Entrada located on Entrada Trail east of Snow Canyon Parkway with 25 lots. Brent Beesley and Howard Sierer are the applicants. Engineering staff recommends that the Entrada Trail area which comes off Snow Canyon Parkway should have an asphalt width of 29' instead of 25'. The reasoning for the recommendation is because of traffic, access, and safety concerns. The Fire Marshall also feels 29' is in the best interests in the community. Howard Sierer explained this is the 11th plat to come before the City Council for approval, and he proposed that this 11th plat be approved in a similar manner. He proposed that the road be maintained at 25' rather than 29' because every other road in Entrada is 25' unless it has a median. This is not done to squeeze more houses in, but to minimize the asphalt and disturbance to the natural terrain. The area is very low density, and the road proposed will serve a total of 25 lots now, and eventually another 15. Most of the homes are second homes, and very few have children. The streets are private and gated with very little St. George City Council Minutes July 11, 2002 Page Seventeen traffic. No one parks on the streets because it is required that cars be parked in the driveways or garages. Additionally, the road up to this point is 25' wide. He stated he did not see any reason why a 29' road would be of any value, especially when it would feed into a 25' road. Another reason the 29' road is opposed is that the road will go through some steep terrain, and the cuts into the hillside would have to be deepened. He also stated that the wider the road, the higher the speed, and narrower roads encourage slower speeds. It is proposed that a compromise be reached to instead allow several turnouts along the road, similar to what has been done in other areas of Entrada. He requested permission to continue with the plans which have been successful so far. City Engineer Dave Demas explained the main reason for the request for 29' was the parking issue. When the Entrada development was originally approved, it had turnouts to allow parking of cars. These were not included in this particular development, and it seemed there was a tendency to get away from them. However, if there is no place to park, people will park on the street which will inhibit the flow of traffic. If turnouts are now proposed, staff has no problem with the request. Fire Chief Robert Stoker advised that the Fire Marshall's concern was with parking on narrow streets which makes access by emergency vehicles difficult. The Fire Department will support Engineering's recommendation. A discussion was then held on accessing gated communities. City Manager Gary Esplin clarified that the first 100' of roadway will not have any conflicts because there is no frontage, but after that 100', then the individual lots front the road. If the project was developed the rest of the way with no access and frontage, 25' would be fine. If they can have pull-offs, that solves the issue of parking and therefore 25' is adequate. Mr. Demas replied that in that event, there is two clear lanes for traffic without the possibility of parking. Brent Beesley advised that they would like to keep the flavor of the area and not have a whole new look on the roadways in this phase. There are no homes in this phase which will front this road, as all of the driveways will come off side roads, and even though there are a few lots which abut Entrada Trail, the driveways will not be coming off Entrada Trail. Council Member Isom made a motion to approve the preliminary plat and hillside development permit and leave the road 25' with turn-offs as has been done in the past. The motion was seconded by Council Member Allen. Mayor McArthur called for a 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. HILLSIDE DEVELOPMENT PERMIT AND PRELIMINARY PLAT: Associate Planner Mark Bradley advised that the Planning Commission and Hillside Review Board recommended approval of the hillside development permit and preliminary plat for Castle Rock Subdivision located on the east side of Snow Canyon Parkway at 2000 North subject to the following conditions: (1) the ridge in Lot 148 be included in the no disturbance zone; (2) no thermal heating in sensitive zones with drilled holes to be restricted and sealed; (3) Spencer Reber, Hillside Board Member, will look at rock fall hazard on the north side of the proposed development and respond back to City staff; (4) compliance with studies; and (5) a slope statistical analysis be provided in a table format for each of the lots along the hillside within the 26-39% natural slope area. This St. George City Council Minutes July 11, 2002 Page Eighteen provides actual square footage for each lot in reference to the 30% area that may be disturbed within the lot and 70% to remain undisturbed. Additionally, a traffic impact statement was submitted to the City, and the Traffic Engineer advises that the level of service would be adequate for Phase 1, but Phase 2 may require a signal at the intersection of Dixie Downs Road and Snow Canyon Parkway and would warrant a study at that time. The land to the northwest is RPP property which may be planned to be a park trailhead area and Engineering is recommending that the City's Road Master Plan would be substantially met if a road were stubbed to the RPP land. Milo McCowan is the applicant. Milo McCowan clarified that the protection zone would only pertain to areas in which there is a well protection zone present. He advised that he was totally unaware of the RPP stub, and this was the first he had heard of it. He expressed confusion as to what the future uses could be, or if the City even wants a road stubbed into the RPP property. He stated it was not something he would like to do and did not see a purpose for it. Mr. Demas commented that there is a master planned road planned there. Aron Baker felt there was some developable property and it would need to be looked at further to see if there is no need for the road to be extended, and then it would have to be eliminated from the road master plan. A master planned road runs parallel to Snow Canyon Parkway through or behind City property. City Manager Gary Esplin suggested that prior to final plat approval staff will have an answer for the City Council on the matter. Milo McCoward advised that he is working with Lori Rose to accommodate something to get into the tortoise reserve. Council Member Isom made a motion to approve the preliminary plat and hillside development permit subject to the recommendations of the Hillside Review Board and Planning Commission, and subject to clarification of the stub road issue prior to final plat approval. The motion was seconded by Council Member Whatcott . Mayor McArthur called for a vote, as follows: Council Member Isom - aye Council Member Whatcott - aye Council Member Allen - aye Council Member Orton - aye The vote was unanimous and the motion carried. PRELIMINARY PLAT: Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held June 25, 2002, recommended approval of the preliminary plat for Crescent Point at Sunbrook with 16 townhome units located east of Bellsera on Sunbrook Drive. Scott McCall is the agent. He advised that along with the request, the applicants would like to use the homes as models for a period of time (5-10) years along with an administrative building and sales office on site. They propose that the complete site improvements would not occur until the units are sold and recording of a legal document stipulating that the units cannot be occupied as dwellings until all improvements are completed as shown on the plat. The City Council will need to address whether the homes used as models and the sales office and administrative building constitute an amendment to the PD, or if there is another way to address the request. Engineering has several concerns, including access onto Sunbrook Drive with regard to site distance, and whether Lot 2 should be eliminated because of the road alignment. There is also concern about Lot 11 and site distance concerns. The City's Traffic Engineer recommends that these items be worked out prior to approval of the preliminary plat. Rick Rosenberg, engineer for the applicant, distributed revised drawings of the project and commented the revisions pertain to the access points. A culdesac is St. George City Council Minutes July 11, 2002 Page Nineteen proposed along with elimination of the second access to Sunbrook Drive. The culdesac will eliminate site triangles, and an emergency gate is proposed for emergency vehicle access to the development. One of the units has been reconfigured. The changes have been reviewed with the City Engineer and a level of comfort has been reached. The site is difficult because it is on the inside of the curve. With regard to the development agreement, Sunbrook would like to use the project as a marketing center and model home facility and administrative offices for the next 5-10 years. It is felt that with the model center, the area within the site triangle can be better controlled as property owners would not be planting trees and it will be completed as part of the model center park. It is proposed to build seven models initially along with the sales center and parking area. The utilities to service the models will service the permane...

... Assistant to the City Manager Mark Mortensen Visitors: Angie Parkinson – The Spectrum Newspaper Opening: Airport Manager David Ulane led the pledge of allegiance. Mr. Bateman offered the opening prayer The Mayor read a proclamation declaring the week of Aug. 18 - 22, 2002 as National Truck Driver Appreciation week. He commented trucks are the only way goods are brought into Washington County and truck drivers are the safest drivers on the road. He invited Don Cox of Cox Trucking to speak. Mr. Cox indicated he appreciates the Mayor declaring National Truck Driver Appreciation week. He explained 80% of all cities in Utah receive all goods solely by trucks. There are over 3500 Commercial Driver License holders in the County. He explained the Utah Trucking Association and the Chamber of Commerce have gotten together to offer truckers discounts as a way of showing appreciation for their work. He suggested business owners take the opportunity to thank truck drivers making deliveries because it's a thankless job. The Mayor presented the proclamation to Mr. Cox Council Member Isom arrived at 4:10 p.m. The Mayor introduced the St. George Royalty Attendants and invited them to introduce themselves. He indicated Miss St. George was not present at this time. The Mayor discussed the amount of water used over the summer. He indicated the water savings is about 6% over the amount used last summer. He explained the City is using all it's resources other than the Quail Creek Water Treatment Plant (QCWTP) because the reservoir is so low it can't be used at this time. City Manger Esplin indicated the reservoir is being lowered because the dike needs to be repaired. The Washington County Water Conservation District (WCWCD) is trying to save some of the water in the reservoir to provide a buffer for next year. He explained the Water Department is managing the system, supply is meeting demand, however, he encourages residents to continue in their conservation efforts. He expressed that it is a credit to the managers in the Water Department who are doing a good job of managing water sources, particularly as there has only been one rain storm this summer. The Mayor asked about upcoming projects in the Water Department. City Manager Esplin explained staff has been working with Washington, Ivins, Santa Clara cities and the WCWCD to bring additional water from the Sand Hollow well field to the communities. The plan is to construct a 60" pipeline to bring water to the communities that participate in the project. It is a critical, costly and complicated project. It is expected to be on line next May or June. The Environmental Assessment (EA) is still being worked on, as is the EA for the pipeline project to cross BLM property from the new wells in Gunlock to tie into the City system. The Gunlock pipeline project will be on line next year if the EA is approved. The staff hopes to have a plan in place to get through next year if the area doesn't receive enough moisture to alleviate the drought. The Council discussed the conservation effort. It has resulted in the peak demand sifting to the middle of the night and early morning. The Mayor commented the conservation efforts by residents is appreciated and encouraged more conservation in both water and power. He reviewed the water reuse plans and indicated reuse water is already completely allocated. He invited the Boy Scouts in attendance to introduce themselves. Jeremy Garcia, rank of Second Class, member of Troop 532 is working on the Citizenship in the Community merit badge. D Larson, rank of First Class, member of Troop 532 is working on the Citizenship in the Community merit badge. Gary Garcia, rank of Second Class, member of Troop 532 is working on the Citizenship in the Community merit badge. Ryan Adam, member of Troop 333, is working on the Citizenship in the Community merit badge. Charles Spray, rank of Star, member of Troop 518, is working on the Communications merit badge. City Manager Esplin advised item 6A9 to consider approval of water conservation plan for the City of St. George will be tabled. He explained there is a mandate from the State requiring a formal public hearing. It will be advertised and on the agenda for the meeting of September 5, 2002. Consent Calendar Consider approval of the financial statement for June 2002 City Manager Esplin presented the year-end financial statement. He indicated the City ended in strong financial position, revenues exceeded projections and costs were lower than projected. He indicated the electric fund continues to struggle due to market conditions. Council Member Orton asked if the fund has caught up during the last part of the year. City Manager Esplin indicated the department is breaking even, a profit is projected in July. He explained that over a 12-month period the department may not make a profit but the large deficits have ended. He explained in the golf fund it shows that there is a deficit. It is a result of capital projects approved by Council to be paid for by a loan. The interest is shown on the books, although payments aren't be due until 2007. Revenues in the golf department are better than in previous years. Council Member Orton complimented the staff for keeping within the budget. Council Member Orton made a motion to approve the financial statement for June 2002. Council Member Isom seconded the motion. The vote was as follows: Council Member Whatcott: aye Council Member Orton: aye Council Member Isom: aye Council Member Allen: aye Council Member Gardner: aye Motion carried Bid Openings: Consider award of bid for the purchase of mobile radios and accessories for the Police Department City Manager Esplin indicated the recommendation is to purchase 8 mobile radios and accessories under the State contract with Motorola in the total amount of $86,773.75. Mr. Riggs, of the Police Department, indicated the radios will be purchased under a grant. He explained the repeater burned up some time ago and replacement parts are no longer available. The repeater will be replaced and a second one added. The grant is for 2 digital repeaters and 8 radios. The Mayor asked if officers will be able to communicate throughout the State? Mr. Riggs indicated they won't be able to communicate with those on the 800 mhz band, but a normal scanner won't pick these radios up and officers will be able to communicate with older radios. Council Member Gardner made a motion to award the purchase of mobile radios and accessories for the Police Department under the State contract in the amount of $86,773.75. Council Member Allen seconded the motion. The vote was as follows: Council Member Whatcott: aye Council Member Orton: aye Council Member Isom: aye Council Member Allen: aye Council Member Gardner: aye Motion carried Consider award of bid for a blanket contract for alum for the Quail Creek Water Treatment Plant (QCWTP). City Manager Esplin explained this is a blanket contract for a necessary chemical for the QCWTP. He recommended accepting the bid from Thatcher Chemical, the only vendor to respond to the bid request. The purchase order will be issued for the fiscal year, not to exceed $30,000. Deputy Director Solomon explained that when water comes into treatment plant, it is mixed with alum to remove the dirt. It is the primary chemical used to treat the water. Council Member Gardner made a motion to award the bid to Thatcher Chemical, not to exceed $30,000. Council Member Whatcott seconded the motion. The vote was as follows: Council Member Whatcott: aye Council Member Orton: aye Council Member Isom: aye Council Member Allen: aye Council Member Gardner: aye Motion carried Consider award of bid for a blanket contract for PAC for the Quail Creek Water Treatment Plant. Deputy Director Solomon explained PAC stands for power activated charcoal. It is used to remove taste and odor from the water. He explained both this and the previous blanket contract numbers are based on the previous years numbers. The price is almost the same although alum has increased slightly. Council Member Gardner made a motion to award the bid to Thatcher Chemical for the purchase of PAC, not to exceed $30,000. Council Member Isom seconded the motion. The vote was as follows: Council Member Whatcott: aye Council Member Orton: aye Council Member Isom: aye Council Member Allen: aye Council Member Gardner: aye Motion carried ORDINANCES Consider approval of ordinance amending Title 5, Chapter 2, Section 15, and St. George City Code, relating to proximity limits for issuance of beer licenses. City Manager Esplin explained that Acting City Attorney Read has drafted new language to deal with some concerns expressed in previous meetings. Acting City Attorney Read indicated there is language for a variance in the ordinance. He drafted the language so it would meet the requirements of the first element in the ordinance. The second element would have to be met by the applicant. This would make it one step easier for an applicant requesting a license where there an existing a violation of the distance requirement. City Manager Esplin explained if Council approves this amendment, an applicant would have to meet both criteria. The applicant would automatically meet the first criteria if there is already an existing violation. The second element would still have to be met. The burden of proof is on the applicant to show the existing encroachment and their application does not create a detrimental effect. Council Member Orton asked if the Council can do this by granting variances on a case-by-case basis. The Council discussed if it would be better to leave the ordinance as it is rather than approve the amendment. The percentage of existing licenses that are in violation was discussed. It was estimated 5% to 10% may be in violation. The definitions in the ordinance, such as what defines a church and City park and are they clearly defined was discussed. The Mayor summarized that from the discussion the Council feels it is better to take no action leaving the ordinance as it is written. Council Member Orton made a motion to leave the ordinance as it is. Council Member Isom seconded the motion. Council Member Gardner suggested the issue be tabled rather than act on it. City Manager Esplin advised if the Council passes the amendment under discussion, the applicant would still have to come forward to argue the second issue. He expressed concern that as the master plan is completed and areas are designated as neighborhood/commercial, a new church, which can go in any zone, may prevent a business from opening. He suggested the ordinance be left as allowing the Council to review variance requests on a case-by-case basis. The Mayor advised there is a motion and called for vote The vote was as follows: Council Member Whatcott: aye Council Member Orton: aye Council Member Isom: aye Council Member Allen: aye Council Member Gardner: aye Motion carried Consider approval of a resolution authorizing the issuance and sale of not more than $3,100, 000 of Golf Course Revenue Refunding Bonds, Series 2002, of the City of St. George, Utah, fixing the maximum number of years over which the bonds may mature, the maximum interest rate which the bonds may bear, and the maximum discount from par at which the bonds may be sold; providing for the publication of a notice of bonds to be issued; and providing for the running of the contest period; and related matters. City Manager Esplin indicated with the interest rate having gone down, refinancing makes sense, it will result in a present value savings of approximately $100,000. Council Member Gardner made a motion to approve the resolution authorizing the issuance and sale of not more than $3,100, 000 of Golf Course Revenue Refunding Bonds, Series 2002, of the City of St. George, Utah, fixing the maximum number of years over which the bonds may mature, the maximum interest rate which the bonds may bear, and the maximum discount from par at which the bonds may be sold; providing for the publication of a notice of bonds to be issued; and providing for the running of the contest period. Council Member Isom seconded the motion. The Mayor called for a vote as follows: Council Member Whatcott: aye Council Member Orton: aye Council Member Isom: aye Council Member Allen: aye Council Member Gardner: aye Motion carried Consider approval of a resolution authorizing the execution and delivery of the (1) water transportation agreement (60" line) between the City and the Washington County Water Conservancy District; and (2) the water transportation agreement (30/24" line) between the City and the Washington County Water Conservancy District; and related matters. City Manager Esplin explained this has been a discussion item at a previous meeting. He indicated basically this resolution will authorize the City to participate with the WCWCD and other cities that decide to go forward with the 60" water line and participation in the 24/30" line, the size of this line has not been determined yet. He indicated staff is in discussions with Washington, Santa Clara, Ivins and the WCWCD. Washington City is committed to the 60" line, Ivins City has agreed to go forward, Santa Clara City has not made a final decision on participation. He indicated staff is asking for approval to go forward with the concept which means the City would have 67.36% use in the 60" line, and 47% of 24" or 30" inch line. The only caveat is if Santa Clara City chooses not to participate, one of the participants will have to pick up an additional 6% of the project, which is the amount of the line allocated to Santa Clara City. It would have to be discussed among the participants as to how to allocate that 6%. The City may have to be prepared to take the entire 6% although staff would prefer to share that with the other participants. This line will be important for the next 20 to 30 years. He explained the bonds need to be issued by September 1, 2002 in order realize a savings in the cost of issuing the bonds. Additionally, the City can not afford to have the 60" line delayed, it needs to be completed by next May or June in case the area does not have the rain and snowfall needed to alleviate the drought. He is asking the Council to approve subject to the final details to be worked out by City Attorney and staff. He indicated this project is in the capital improvement budget in the Water Department. Council Member Allen asked if Santa Clara City does decide to opt out, can it opt back in if their anticipated water sources don't materialize. City Manager Esplin explained if that situation arises, Santa Clara City would have to pay a fee for the cost of carrying their percentage of the project. If their well comes in as they anticipate, they may not need this water to meet their build out estimates. The Council discussed the issues important to all the communities such as the proposed arsenic rules that are not based on growth. Council Member Orton made a motion by resolution authorizing the execution and delivery of the (1) water transportation agreement (60" line) between the City and the Washington County Water Conservancy District; and (2) the water transportation agreement (30/24" line) between the City and the Washington County Water Conservancy District and to give staff the opportunity to pick up Santa Clara City's share if needed subject to changes by the City Attorney or staff. Council Member Whatcott seconded the motion. The Mayor called for a vote as follows: Council Member Whatcott: aye Council Member Orton: aye Council Member Isom: aye Council Member Allen: aye Council Member Gardner: aye Motion carried Consider Approval of a resolution indicating the City's support for the U.S. Bureau of Reclamation and their various projects. City Manager Esplin indicated this is a general resolution of support for the Bureau of Reclamation (BOR) indicating the City of St. George has been the recipient of benefits of those projects in both water and power. Council Member Isom made a motion to approve the resolution indicating the City's support for the U.S. Bureau of Reclamation and their various projects. Council Member Allen seconded the motion. The Mayor called for a vote as follows: Council Member Gardner: aye Council Member Allen: aye Council Member Isom: aye Council Member Orton: aye Council Member Whatcott: aye Motion carried. The Mayor noted that Becky Mickelsen, who represented the City of St. George as Miss St. George at the County Fair arrived. He invited her to introduce herself to the Council and to demonstrate her talent, which is playing the violin. Ms. Mickelsen apologized for being late. She played a classical piece on the violin for the group. The Mayor complimented Ms. Mickelsen on her presentation. Public Hearings Public hearing to consider approval of an amendment to the Hillside Overlay Zone to include the Ledges Addition located between the former north City limit line and the south boundary of Winchester Hills. Council Member Gardner declared a conflict of interest. Community Development Director Nicholson explained the public hearing. He indicated that normally when property is annexed into the City it is done under the Hillside Overlay Zone so that the provisions of the Hillside Ordinance apply. It affects property with slopes of 15% or more. The mining of the cinder cone could continue under the hillside ordinance until the resource is exhausted, the area will be left in a level condition. He indicated the Planning Commission recommends approval. Council Member Orton asked if future mining will be allowed. Community Development Director Nicholson indicated an applicant would come before the Planning Commission and the City Council for approval to open another mine. The Mayor declared the Public Hearing open and invited anyone interested to come to the microphone. Seeing no one requesting to speak the Mayor closed the Public Hearing and asked the Council for a decision. Council Member Allen made a motion to approve an amendment to the Hillside Overlay Zone to include the Ledges Addition located between the former north City limit line and the south boundary of Winchester Hills and exclude the cinder cone. Council Member Whatcott seconded the motion. The Mayor called for a vote as follows: Council Member Whatcott: aye Council Member Orton: aye Council Member Isom: aye Council Member Allen: aye Council Member Gardner: abstain Motion carried, the overlay was approved with exemption of the cinder cone. Public hearing to consider a request for approval of a zone change from A-20 Agricultural 20 acre minimum lot size to RE-12.5 Residential Estates 12,500 sq. ft. minimum lot size on 39 acres located at 2300 East 2450 South. Rick Salisbury, applicant. Community Development Director Nicholson explained the request for the zone change. He indicated it is within the Little Valley sewer improvement district and water pressure should be enhanced with Bloomington Area Tank and pump station on line. The Planning Commission recommends approval. Council Member Orton asked if this is an updated map. Community Development Director Nicholson indicated the map is updated, the area is west of Little Valley Road. The Mayor declared the public hearing open and invited anyone interested to come to the microphone, seeing none, he closed the public hearing and asked the Council for a decision. Council Member Isom made a motion to approve the zone change from A-20 Agricultural 20 acre minimum lot size to RE-12.5 Residential Estates 12,500 sq. ft. minimum lot size on 39 acres located at 2300 East 2450 South. Council Member Allen seconded the motion. Council Member Whatcott commented the question has been raised in the Little Valley area concerning the ability to move livestock, specifically horses being able to get to and from trails. There is nothing to protect access to the trails. He explained he is not opposed to the zone change, but thinks the Council is premature in blocking out 39 acres without access to the trails. Council Member Orton commented the land is all privately owned. Council Member Whatcott commented that in R-12.5 zoning one large livestock animal is allowed. Residents will have the ability to board a horse on their property but there will be no ability to get the horse onto trails. He asked how does the Council address the question. The Council discussed the issue of access to trails. The difference between that area and the Dixie Downs is that there is the HCP for people to ride in near the Dixie Downs area, although there is no way to access it. The Council discussed that by the time the property in question is developed there will be a trail for horses. Access easements have been required in other areas that have trails. Community Development Director Nicholson indicated he can look at the trail access issue and also see if the irrigation right of way can used as a horse trail access. The Mayor commented that if there is a way to this, it should be done. Council Member Whatcott commented that the Council is short sighted if it doesn't look at the future and possible equestrian activities that may be included. City Manager Esplin suggested identifying where the trails go to determine if proposed development would block them. If it does, as part of the planning process, the staff needs to plan for an equestrian access route to the trails. It is something that needs to be looked at it and planned for now. Community Development Director Nicholson indicated he would ask developers when they come in with their plats if they can put a 10 or 15-foot easement for a trail access. Council Member Isom amended the motion to say that the developers will work with the City on equestrian trails if a solution can be reached. Council Member Allen seconded the motion. The Mayor asked if the developer was in attendance and could speak to this issue. City Manager Esplin expressed the concern that other areas with larger lots that may have horses and need a way to get the through the 39 acres. There needs to be a way to connect to trails for those with horses. Mr. Newberger of Pope Engineering indicated that he is sure there is something that can be worked out to provide equestrian access. The Mayor called for a vote as follows: Council Member Gardner: aye Council Member Allen: aye Council Member Isom: aye Council Member Orton: aye Council Member Whatcott: aye Motion carries. Public hearing to consider amending the 2002 – 2003 fiscal budget for the City of St. George and making necessary adjustments. City Manager Esplin explained some revenues have been added to the budget. As a result of the growth in the area, there is an additional $65,000 in property tax revenue. That revenue will be allocated to purchase two off road motorcycles needed by City Police Department to deal with the ATV problem and also allocated to the Capital Project Fund for the City building, specifically for parking lot improvements. The other item to amend is to show revenues and expenditures to accommodate the purchase of the Staska property for the soccer complex in the Little Valley area. The Mayor declared the public hearing open, and invited anyone wishing to speak to come to the microphone. Seeing none he closed the hearing and asked the Council for a decision. Council Member Allen made a motion to amend the 2002 – 2003 fiscal budget for the City of St. George and to make the necessary adjustments. Council Member Isom seconded the motion. The Mayor called for a vote as follows: Council Member Whatcott: aye Council Member Orton: aye Council Member Isom: aye Council Member Allen: aye Council Member Gardner: aye Motion carried Consider approval of a resolution indicating the City's support for the APPA position on market power. City Manager Esplin indicated this resolution is similar to the BOR resolution. This resolution addresses closing loopholes in market pricing, it supports the APPA's position on public power, it is a very general resolution. Council Member Garden made a motion to approve the resolution indicating the City's support for the APPA position on market power. Council Member Isom seconded the motion. The Mayor called for a vote as follows: Council Member Gardner: aye Council Member Allen: aye Council Member Isom: aye Council Member Orton: aye Council Member Whatcott: aye Motion Carried. Consider approval of a resolution authorizing the sale of property along the Sunbrook Golf course to the adjacent property owners City Manager Esplin explained this is property the golf course does not need. He proposed to declare it surplus and value the property at one dollar per square foot. This would be consistent with what has been done with other surplus property adjacent to City golf courses Council Member Isom made a motion to approve the resolution declaring the property surplus and authorizing the sale of property along the Sunbrook Golf Course to the adjacent property owners. Council Member Orton seconded the motion. The Mayor called for a vote as follows: Council Member Whatcott: aye Council Member Orton: aye Council Member Isom: aye Council Member Allen: aye Council Member Gardner: aye Motion carried Consider approval of a resolution pertaining to the abandonment of the existing public utilities and drainage easements associated with the existing Southpoint, Phase 3 Subdivision, Lots 75 and 76. City Manager Esplin explained the resolution is to abandon the utility easements as the property owners will combine the two lots into one. He indicated staff doesn't have a problem the request. Council Member Whatcott made a motion to approve the resolution pertaining to the abandonment of the existing public utilities and drainage easements associated with the existing Southpoint, Phase 3 Subdivision, Lots 75 and 76. Council Member Orton seconded the motion. The Mayor called for a vote as follows: Council Member Whatcott: aye Council Member Orton: aye Council Member Isom: aye Council Member Allen: aye Council Member Gardner: aye Motion carried Consider approval of a resolution appointing a board of equalization and review for St. George Special Improvement District No. 99-4; setting the dates for the Board of Equalization to hear and consider objections and corrections to any proposed assessments; authorizing the City Recorder to publish and mail a meeting of said Board of Equalization and review; and related matters. City Manager Esplin explained this is the Black Ridge SID and the proposed dates for the Board of Equalization are September 10, 11 and 12, 2002 at 5:00pm. He indicated at least 3 representatives from the Council need to attend the meetings. He indicated staff will try to set appointments for one day only. Council Member Isom made a motion to approve September 10, 11 and 12, 2002 as the dates for the Board of Equalization to hear and consider objections and corrections to any proposed assessments; authorizing the City Recorder to publish and mail a meeting of said Board of Equalization. Council Member Allen seconded the motion. The Mayor called for a vote as follows: Council Member Gardner: aye Council Member Allen: aye Council Member Isom: aye Council Member Orton: aye Council Member Whatcott: aye Motion Carried. Consider a request for waiver of park requirements in order to sell yard sale-type items at Worthen Park. New Covenant Christian Church, applicant. City Manager Esplin explained the staff has worked with this group before and reported no problems with their request, the staff recommends the Council waive the use fee but not the $10.00 reservation fee. Tom Scholone with the New Covenant Christian Church explained the church held the same event last year. It is a fundraiser to send men to a convention in California on how to be a better father, husband, and son. He indicated the group made sure the facilities were clean after the event. City Manager Esplin commented the staff recognizes the group did follow the rules and did clean the park up, which is why they are recommending the use fee be waived. Council Member Isom made a motion to approve the request with the $10 reservation fee, waiving the use fee provided the park is cleaned up after the event. Council Member Orton seconded the motion. The vote was as follows: Council Member Gardner: aye Council Member Allen: aye Council Member Isom: aye Council Member Orton: aye Council Member Whatcott: aye Motion carried. Consider a request for approval of a fee waiver for the Latino Soccer League of Southern Utah. Present for this discussion: Park Superintendent Lynn Scott City Manager Esplin explained the Council has previously approved the request for the use of the park, but there was a question of whether or not the fee should be waived because it wasn't known if the league was a non profit organization or not. He indicated in the past the Council has waived fees if the group is a non-profit organization. Freddy Florence and Miguel Perez spoke to the Council. They explained the organization is non-profit. The park will be used every Sunday from 9 to 5, beginning in October. Council Member Gardner asked if this is a different group than last year. A representative from the league indicated this is a different group. City Manager Esplin expressed that some questions need clarification, such as which facilities will be used. The group discussed who is using the parks. Past problems were discussed, such the league using the park illegally. The league is now trying to do this legally. Council Member Isom asked is there any other thing scheduled on Sundays. Superintendent Scott replied there isn't. the group using it now is not scheduled. They are bunch of guys having fun. Council Member Gardner asked if scheduling the park for this league will prevent other citizens from using the parks. The representative from the league responded that they can be flexible and can use whatever facility the City approves. Council Member Allen asked if they are aware of the restrictions on the park, such as no alcohol and the park needs to be cleaned up after the games.. Council Member Whatcott commended the adults for putting this together and assumes people that are not Latino can play too. He explained he pays a fee to play in a leagues, part of the fees are allocated for care of the facility. He explained he has a hard time waiving the fees on a facility that will have to be maintained. It may be discriminating against everyone else in the City that is required to pay a use fee. The representative from the league explained they don't have the money to pay, but thinks they can work with the players if it is not much of a fee. But they don't really have any privileges and would like the Council to consider that. The representative from the league explained there are a lot of non-Latinos playing already. In the future they may want to play in the Latino league but many of them can't play on Sunday. The Council discussed that fees have been waived for youth sports as a way to encourage participation. They also discussed that a portion of the fee paid by those participating in City Leagues is allocated to park maintenance. The amount of the fee was discussed, the fee is $228 per Sunday, which is based on the cost to maintain the facility and clean up and repair the sod after events. City Manager Esplin suggested reevaluating the fee schedule. Park Superintendent Scott explained that usually the Parks Department charges adults because they have the ability to pay and adults can be harder on the grass than kids. Council Member Isom made a motion to approve this request, but asked the Latino League to check with Superintendent Scott as to which park is available, until the fees are evaluated for all organizations that use it. Council Member Allen seconded the motion and added that the Latino League is responsible to police the area to make sure it is cleaned and taken care of so the City doesn't have to. City Manager Esplin emphasized the park rules have to be followed. The Mayor suggested the applicant pass out and review park rules with the teams so they know what the rules are and asked the Council for a vote. The vote was as follows: Council Member Gardner: aye Council Member Allen: aye Council Member Isom: aye Council Member Orton: aye Council Member Whatcott: aye Motion carried. Consider a request for approval of a beer license for the Winger's restaurant. City Manger Esplin explained the request is due to a new owner, it is not a new license, simply a change of ownership Council Member Whatcott made a motion to approve the request for a beer license for the Winger's restaurant. Council Member Allen seconded the motion. The vote was as follows: Council Member Gardner: aye Council Member Allen: aye Council Member Isom: aye Council Member Orton: aye Council Member Whatcott: aye Motion carried. Consider a request for approval of a beer license for Mr. Steve Holt for the former AM/PM convenience store. City Manager Esplin indicated this is the same situation as the above request, a change in ownership. Council Member Isom made a motion to approve the request for a beer license for the former AM/PM convenience store. Council Member Whatcott seconded the motion. The vote was as follows: Council Member Gardner: aye Council Member Allen: aye Council Member Isom: aye Council Member Orton: aye Council Member Whatcott: aye Motion carried Report from the Planning Commission meeting held August 13, 2002 Associate Planner Mark Bradley made the report from the Planning Commission meeting. The Planning Commission recommends approval of the following item to be advertised for a public hearing on Thursday, September 5, 2002 at 5:00 p.m. Consider approval of a zone change from R-3 Multiple Family Residential to PD Planned Development Residential on 9.348 acres for 64 units located on the west side of the Black Hill on the east side of Shadow Mountain Drive at 360 North, north of the Shadow Mountain development. Mans Jennings, applicant. Council Member Allen made a motion to set the public hearing for approval of a zone change from R-3 Multiple Family Residential to PD Planned Development Residential on 9.348 acres for 64 units located on the west side of the Black Hill on the east side of Shadow Mountain Drive at 360 North, north of the Shadow Mountain development on September 5, 2002. Council Member Isom seconded the motion. The vote was as follows: Council Member Gardner: aye Council Member Allen: aye Council Member Isom: aye Council Member Orton: aye Council Member Whatcott: aye Motion carried. Associate Planner Bradley indicated the Planning Commission recommends approval of the following item to be advertised for a public hearing on Thursday, September 19, 2002 at 5:00 p.m. Consider approval of zone change from R-2 to R-1-8 in the east portion of the downtown St. George area for property located between 100 South and 400 South and between 400 East and 700 East. Downtown Neighborhood Committee/City of St. George, applicants. Council Member Gardner asked if the hearing can be set for September 5, 2002. Associate Planner Bradley indicated staff can send out notices advertising the hearing for September 5, 2002. Council Member Gardner made a motion to set the public hearing to consider approval of zone change from R-2 to R-1-8 in the east portion of the downtown St. George area for property located between 100 South and 400 South and between 400 East and 700 East for September 5, 2002. Council Member Whatcott seconded the motion. The vote was as follows: Council Member Gardner: aye Council Member Allen: aye Council Member Isom: aye Council Member Orton: aye Council Member Whatcott: aye Motion carried. Temporary Use Extension Associate Planner Bradley explained this is to consider an extension of time for a temporary use for the Lillywhite Plant Nursery on Hilton Drive during the time of construction of their permanent facility on Dixie Drive. Staff has not received any complaints regarding the temporary use and would support an extension. The construction drawings were approved in April of this year and construction is under way. The extended time request by the applicant was until the end of November 31, 2002 to allow ample time for completion and to transport the material over to the new site. The Planning Commission recommends approval of an extension to the end of December 2002. Roy Lillywhite, applicant. Council Member Orton made a motion to approve the temporary use request for the Lilywhite Plant Nursery through December 2002. Council Member Gardner seconded the motion. The vote was as follows: Council Member Gardner: aye Council Member Allen: aye Council Member Isom: aye Council Member Orton: aye Council Member Whatcott: aye Motion carried. The Planning Commission recommends approval of the following final plats: Paradise Canyon Phase 5 with 53 units located at 1400 W. Snow Canyon Parkway. Milo McCowan, applicant. Pine Brook Subdivision Phase 2 with 24 single-family lots located at 530 South Indian Hills Drive. Cary Blake, applicant. Trebruk Estates Phase 2 with 1 single-family lot located west of Valley View Drive on Blue Duck Lane. Craig Astle, applicant. Cotton Manor Phase 5 with 20 units at 350 North 2450 East. Todd Edwards, agent. Mayor asked if there were any changes from preliminary plat? Associate Planner Bradley indicated there was one change to the Pine Brook Subdivision, they reduced the plat by 2 lots to create larger lots. Council Member Allen made a motion to approve the final plats for Paradise Canyon Phase 5 with 53 units located at 1400 W. Snow Canyon Parkway, Pine Brook Subdivision Phase 2 with 24 single family lots located at 530 South Indian Hills Drive. Trebruk Estates Phase 2 with 1 single-family lot located west of Valley View Drive on Blue Duck Lane. Cotton Manor Phase 5 with 20 units at 350 North 2450 East. Council Member Gardner seconded the motion. The vote was as follows: Council Member Gardner: aye Council Member Allen: aye Council Member Isom: aye Council Member Orton: aye Council Member Whatcott: aye Motion carried. Consider approval of the following preliminary plats: Associate Planner Bradley explained this is a preliminary plat for Kachina Springs East at Entrada with 45 units located on Entrada Trail off of Snow Canyon Parkway. The proposed plat is consistent with the approved Entrada Master Plan. There will be water features within the project similar to the Kachina Springs South phase but less intense according to the applicant. The plans provide for guest parking spaces along the road with sidewalk on one side of the street. There is one parking space near the entrance that is questionable and will require further review. The entrance and exit areas are both 20 feet in width for emergency access requirements. There is a proposed berm on the east side of the project instead of a wall. There will be no access from the homes to Wapatki Trail due to the elevation difference and proposed water feature. The Planning Commission recommends approval. Brett Henke, agent. Council Member Isom made a motion to approve the preliminary plat for Kachina Springs East at Entrada. Council Member Gardner seconded the motion. The vote was as follows: Council Member Gardner: aye Council Member Allen: aye Council Member Isom: aye Council Member Orton: aye Council Member Whatcott: aye Motion carried. Associate Planner Bradley explained this is a preliminary plat for Sandstone Shadows Phase 3 with 17 single-family lots located on Valley View Drive and Shadow Point Drive. This would be the final phase of the Sandstone Shadow development. Valley View Drive is a limited access public street causing the project to have double fronting lots, which requires a six-foot solid privacy wall with a minimum four-foot landscape strip. Since this development is a conventional R-1-8 subdivision with no homeowners association the applicant is requesting the City to maintain the landscape along Valley View Drive an 80-foot right-of-way. The Planning Commission recommends approval of both the preliminary plat and landscape maintenance subject to the landscape plans being approved and signed off by the City Parks Department at the same time construction drawings are approved prior to final plat approval. Nate Blake, applicant. City Manager Esplin provided some clarification, the City isn't maintaining across the street from this, the PD's that have frontages maintain them. It's a little inconsistent with other developments as this will be the first thing on Valley View Drive the City would maintain. Council Member Orton asked what the status is of future situations such as this. City Manager Esplin indicated the City will not maintain 66-foot wide areas, but will maintain on 80-foot wide access. Council Member Whatcott asked if Valley View Drive is already developed out to 80 feet. Associate Planner Bradley indicated this area would have to widened. The Council discussed the walls and the amount of traffic and that on Valley View Drive. The City is requiring the walls to avoid residents backing out into Valley View Drive. The Council discussed the look of walls and ways to soften the look. Council Member Gardner made a motion to approve the preliminary plat for Sandstone Shadow Phase 3 with agreement to maintain landscape. Council Member Allen seconded the motion. The vote was as follows: Council Member Gardner: aye Council Member Allen: aye Council Member Isom: aye Council Member Orton: aye Council Member Whatcott: nay Motion carried. Associated Planner Bradley explained this plat is for Eastwood Business Park with 14 professional office buildings located at 280 North Mall Drive. This area recently received a zone change approval from R-1-10 to Administrative & Professional Office. The Planning Commission recommends approval including the discussion of relocating the trash dumpsters and knowing that a deceleration lane is required along Mall Drive. Brad Stucki, applicant. Council Member Isom made a motion approve the preliminary plat for Eastwood Business Park with 14 professional office building located at 280 North Mall Drive with the stipulations put on the Planning Commission. Council Member Allen seconded the motion. The vote was as follows: Council Member Gardner: aye Council Member Allen: aye Council Member Isom: aye Council Member Orton: aye Council Member Whatcott: aye Motion carried. Lot Split Associate Planner Bradley explained this is to consider approval of a lot split at the Dixie Sunset Plaza at about 1750 W. Sunset Blvd. The proposed request works in a commercial zone with a recorded ingress and egress access agreement. Staff doesn't see any problem with the request subject to obtaining the necessary utilities & drainage easements and access agreement being recorded. The Planning Commission recommends approval with the above mentioned easements and access agreement. Larry Belliston, applicant. Council Member Isom made a motion to approve the lot split at the Dixie Sunset Plaza at about 1750 W Sunset Blvd. with items being recorded as specified by the Planning Commission. Council Member Orton seconded the motion. The vote was as follows: Council Member Gardner: aye Council Member Allen: aye Council Member Isom: aye Council Member Orton: aye Council Member Whatcott: aye Motion carried. Consider a request for approval of a conditional use permit for a new City fire station to be located on the northwest corner of 1800 North and Dixie Downs Road. Associate Planner Bradley explained this is a conditional use permit for a new fire station, back-up dispatch center and police substation to be located on the northwest corner of 1800 North and Dixie Downs Road. This site is at the southeast corner of the Ironwood development and the access will be off of 1800 North. The Planning Commission recommends approval. Kevin Taylor City Fire Marshal, applicant. The Mayor asked City Manager Esplin to explain why police officers are at fire stations on occasion. City Manager Esplin explained it is an opportunity for police to utilize City facilities to communicate with headquarters or write a report with out having to leave the area they are assigned. He indicated this new station will provide a back up communications center to the one at the Police Department headquarters. City Council Member Orton made a motion to approve a conditional use permit for a new fire station, back up dispatch center to be located on the northwest corner of 1800 North and Dixie Downs Road. Council Member Gardner seconded the motion. The vote was as follows: Council Member Gardner: aye Council Member Allen: aye Council Member Isom: aye Council Member Orton: aye Council Member Whatcott: aye Motion carried. Review a conditional use permit issued previously for the Family Support Center located at 513 North 500 West. Associate Planner Bradley indicated this is a review and renewal of a conditional use permit for a Family Support Center for up to 16 daytime persons and up to 8 overnight persons (children up to 11 years old) at 513 North 500 West. One of the conditions approved for the permit was to come back to the City after one year for review. There have been no complaints of the use that staff is aware of. The Planning Commission was satisfied with the review and recommends there is no need to come back for another review unless there are considerable complaints of the use. Washington County Family Support, applicant. Council Member Gardner made a motion to approve and renew the conditional use permit for a Family Support Center for up to 16 daytime persons and up to 8 overnight persons (children up to 11 years old) at 513 North 500 West. Council Member Whatcott seconded the motion. The vote was as follows: Council Member Gardner: aye Council Member Allen: aye Council Member Isom: aye Council Member Orton: aye Council Member Whatcott: aye Motion carried. Consider a request for approval of conditional use permit to allow an RV park for age 55 and older in a Mobile Home zone located north of 2000 South and east of 2580 East on approximately 37 acres. City Manager Esplin indicated the Planning Commission voted to deny this request. Associate Planner Bradley explained the Planning Commission heard this request on June 11, 2002. The request for the RV park is a conditional use in this zone, this request is for 374 RV pads on the 37 acres, which is under the density of what is permitted in that area. There can be 16 RV's per acre or 7 mobile homes per acre. The road network within the project is 10% to 15% of the project. The applicant has provided a comparison between the two issues. The issues tonight is to discuss the location of this RV park, the sewer issues can be resolved. He explained there is a lot of concern because of the location of the zone. The Planning Commission supports the request for a 55 and older development, but not the location of the zone. He explained the applicant has provided pictures of the location that are displayed on the video screen. Curtis Jensen introduced himself to the Council and explained he is here to assist applicants. He assured the Council that the park will be a quality project. He assured the Council that the developer is financially able to see the project through to completion and to participate in the SID. The project is for persons who are 55 and older, these are the types of individuals the economy has thrived on. He explained the developer is trying to provide a housing opportunity for theses folks who give a lot and ask for little in return. He indicated this group is known to be of less impact on the services than others, they conserve water and power. The development may be high density, but it is something for which the area has been zoned. He explained the applicant feels like at this time it is of best option for the area and asked the Council to grant the conditional use permit. Karl Larson thanked the Council for taking the time to consider this proposal. He reviewed the slides of the property. He explained the slope will be left as open space, with would have picnic tables. He would be glad to have a horse trail through the project. He understands that 374 is a fairly high density but regulations would allow to the number of units to be as high as 572. The Clubhouse would be 12,000 square feet, it would be used for dinners, dances and other community activities. He explained he went to Phoenix and Mesa AZ as well as other areas to look at parks of this type to see what works. The amenities are what make the project successful. The project will have 2 tennis courts, shuffleboard courts and other activities. He indicated one of the major concerns is the water situation. In the summer the park will have about a 30% occupancy rate, the landscaping will be desert type reducing water use. This will be a lease park, the individuals will lease the lots and put the park models and RV's on the lots and he will maintain the lots. He expressed this will keep it looking nice and it will be successful. Council Member Isom asked Mr. Larson to discuss the type of medical arrangements made for people in the park. Mr. Larson explained he will retain a home health nurse to come to the park a couple of times a month to address any needs the residents may have. Todd Edwards indicated Mr. Larson did participate in the SID so there is access to improved roads, he explained a traffic study has been done that indicates what needs to be done, Mr. Larson is willing to do those things. He explained they worked with the sewer department to get access to the wastewater facility. The water situation is much improved, power will be provided by Dixie Escalante. This is a little more secluded area for an RV park than others in the City. He indicated there is a definite need and zoning for this type of development is limited. Council Member Isom asked Mr. Edwards to elaborate on what is being done with the roads outside the park. Mr. Edwards indicated 2000 South and is being improved as are improvements to the intersections so that everything is safe and that RV's can get in and out without problems. He explained Mr. Larson wanted to make sure there was no pass through traffic so there is limited the access to one intersection on each street. There was discussion concerning the width of the roads and the traffic study recommendations. Council Member Gardner asked regarding sewer participation, did developer participate in the prior SID and are they going to participate in the next one too? Mr. Edwards indicated a lift station would be needed to use the sewer line that was recently put it. The developer did participate in the last SID and will work with the sewer department to participate in a gravity flow line. But the developer is not doing a sewer lift station, that money can be used for installing a sewer trunk line. Council Member Isom provided some information from the fair housing office in Salt Lake City for Mr. Larson to review to be sure that anything that is done is in compliance with State laws. The group discussed the age of RV's and mobile homes within the development, only units 5 years or younger would be allowed without going through a review process. Units older than 5 years would need the permission of the developer to be installed. No camp trailers less than 20 feet nor campers would be allowed in the community. The group discussed the leasing options and types of leases available. Mr. Larson indicated he is going for annual basis leasing. Plans for weekly or monthly leases will be available for those who want to "test the waters". The Mayor commented that the Council has looked at this area in conjunction with the City's master plan. The new master plan doesn't accommodate this kind of density. He asked Mr. Larson if he has considered anything that is less dense. Mr. Larson explained he has looked at every option there is, and feels like this is the best use for this property. He has considered what he paid for this property, SID costs and this project is economically feasible. He explained he doesn't like to do any project that isn't quality, he wants to exceed standards. He explained this project is his retirement he is not going to do anything to jeopardize it. The Mayor commented that he knows Mr. Larson does a quality project, but once it's been rezoned anything can happen. He explained the Council often bases decisions on the worse case scenario rather than a best case scenario. He indicated this isn't a public hearing, but there are a lot of people in attendance that are interested in the project. He invited them to make comments. Brian Jenkins explained he is a prospective buyer in the area, he indicated his heart sank when he heard there was a mobile home project going in. He explained he could feel comfortable with the project if it goes in as planned and with some assurances that the quality would be maintained. But he is concerned about main road and heavy traffic, how can that be alleviated. City Manager Esplin explained that in theory, the conditional use permit is granted based on the plan that is submitted. So if it deviates from the plan the project gets shut down. If the property is sold, it has to be maintained as submitted, this is not a guarantee, but it does provide some assurance the approved plan will be followed. Jim McArthur asked if the Council received a copy of the petition that was sent around. He handed in some additional pages that were not available when the petition was submitted. He commented that he appreciates Mr. Larson's emotional appeal, but the City's general zoning rules need to be abided. He said the Greystone subdivision voluntarily went to ? acres lots and Crimson Cliffs subdivision is being forced to go to ? acre lots. He expressed concerned about the traffic and older people driving. He hopes this proposed conditional use permit will not be approved as this is not the place for this type of development. He thinks the legal department should take a look at this because it could border on negligence due to the amount of traffic. He also asked about units that age after they are put in there, when they are over 5 years old will they be removed? Council Member Orton asked Mr. McArthur if the neighbors would prefer leaving the area zoned as a mobile home park rather than the RV park. Mr. McArthur commented that it's the lesser of 2 evils, it's too bad that before this request went in the City didn't look at this area and address the zoning issues. Council Member Orton explained the City inherited this property from the County, which did the zoning 17 years ago. He commented it probably wouldn't go through today. The developer can put the mobile home park in without coming to the Council if the requirements are met. He indicated in some ways the Council's hands are tied. Again, would you prefer a mobile home park to RV park. Mr. McArthur replied he can't speak for the group of people, but he would prefer a mobile home park for 55 and over. He doesn't know why the property can't be turned into a residential area. The Council discussed changing the zone and the rezoning being done in the downtown area, which it being driven by the neighborhood. Council Member Gardner commented that he doesn't disagree with what Mr. Larson has said. He expressed that those living in this type of development can be good neighbors, it does, however, bring density into the neighborhood and may decrease property values and increase traffic. He recalled a discussion of concerns when Temple RV came into town, however, it seems to have worked well but it is located in an industrial area. He has seen mobile home parks that have deteriorated rather rapidly. He agreed the City has inherited something that has been difficult to deal with. He asked if Acting City Attorney Read can address what are options available. The Mayor commented that the Council has to consider what developments will be in 10 to 20 years and determine if it fits in the master plan. Acting City Attorney Read indicated that as he remembers case law it says there is a vested interest once a permit is obtained and construction is started. Case law says you can deal with zoning at any other time. The Council could deny it prior to a permit being obtained and construction beginning. He explained that although the developer has invested money, without the permit being issued and construction begun his recollection is that the zoning can be changed. Mark McCloghlin indicated he purchased a lot in Crimson Cliffs to get off a busy street and because density was lower. He explained that within a week of buying his lot he was notified of Mr. Larson's development. He indicated that he feels like since the City has required Crimson Cliffs to have ? or larger lots this proposed development doesn't fit in the area. The traffic would increase the concern of letting our children play. As a potential home builder, he would support the City changing the zone to decrease the density. Natalie Larsen indicated she has a question with the zoning. In the book she has on codes, it says no travel trailer or transient vehicle can be used in a mobile home park. She thinks the RV park would be better suited near a freeway. She explained there are over 70 kids in the area. She commented the developer of Greystone goes down the street at 15 mph for the safety of our children. This is not the right place for an RV Park or a Mobile Home Park. The clubhouse is the same size some of homes in Stonecliff. She asked if there will there be an SID coming down 3000 East to accommodate the proposed RV park. She said she hasn't received the bill for her SID assessment, ha...

...N?S MUSEUM: Council Member Gail Bunker explained that the summary of the parks and recreation master plan recommends that a feasibility study be conducted for a children?s or science museum. Lynn Goodwin, founder of the Treehouse Museum in Ogden and its executive director, is willing to help St. George if it wants to be a part of the Ogden museum. She would help in setting it up and share exhibits. St. George would also be able to get grants and funding and share in the partnership. There is a need in St. George, but first a site must be identified. She suggested locations near the dinosaur museum, or Sand Hollow area, or fairgrounds, or by the Dixie Center, or the old movie theaters downtown. Council Member Gardner suggested the old Woodward building. Council Member Bunker stated her preference would be somewhere by the Town Square. Council Member Allen inquired about use of the Arts building for the resource center so the Woodward building could be used for the children?s museum. Council Member Whatcott suggested a location on Riverside Drive. City Manager Gary Esplin suggested use of the old School District administration building, or space in the basement of the courthouse building which the City hopes to acquire. Council Member Bunker advised that funds for the children?s museum could not be raised until a site was identified. It was the consensus of the Mayor and City Council that the project is worth pursuing. St. George City Council Minutes February 8, 2007 Page Two PRESENTATION ON WEEKLY DOWNTOWN CELEBRATION EVENTS: Sandy Lenois advised that she is willing to take on the weekly downtown events again this year. She suggested that she could get more vendors if the events were held on Friday nights. She suggested events be held in April through October, excluding July because it was too hot. Marc Mortensen expressed concern with the frequency of the events. He stated in his opinion they should not be held weekly and there needed to be more variation. Ms. Lenois commented that they had different themes each month, and attendance at the first and second weeks were good, and then dwindled the third week. Ms. Lenois commented that due to personal conflicts, some of the businesses did not remain open for the events. However, the merchants are now ready to support the events. She inquired if the City wanted the events. Mayor McArthur replied that the Main Street businesses approached the City about holding the events, not the other way around. Council Member Allen suggested a farmer?s market be incorporated into the events. Council Member Orton commented that the City would have to be careful as a sponsor as it was not trying to cause competition against other business centers. The City can support the events if they help the Main Street businesses, but it is not interested in the various vendors? success. Ms. Lenois commented that the Tourist and Convention Center would like the events to continue to be held on Thursday nights as Friday nights would conflict with other events. City Manager Gary Esplin suggested the events be held once a month and be made special to become a community event in conjunction with the Town Square and Water Walk. He suggested a survey be done by staff to see if the businesses will support it. Mayor McArthur instructed Marc Mortensen to begin this survey. DISCUSSION CONCERNING MANDATORY DEDICATION OF PARK PROPERTY: City Manager Gary Esplin explained that the new park impact fee plan has a new element - a developer will donate four acres of park land for every 1000 residents. The impact fee is not geared to purchase property for the park - just to build the park. The idea is to get the parks donated at the time a big project comes in. For those developers who do not have enough property to donate, a mandatory in-lieu fee will be charged and these fees will be used to make sure there is a park in the area or to upgrade an existing park. There are two types of parks - neighborhood and community. A community park is the City?s total responsibility and these fees are included in the park impact fee. Impact fees do not reflect the cost to purchase land for a neighborhood park, only to build it. A mathematical equation will be used to arrive at the figure charged the developer as a fee in lieu based on the cost of the park land or improvements. St. George City Council Minutes February 8, 2007 Page Three Council Member Gardner inquired about a single lot builder. Mr. Esplin replied that a single lot builder would pay only the impact fee for the individual house. He explained that the City has a map indicating areas where it knows parks are needed. The City will determine where a park best fits in an area. For example, Ivory Homes is building a community park. A subdivision that builds next door and will use the park will pay an assessment used to add improvements to the community park. Council Member Whatcott inquired if trails would be considered part of a park. Leisure Services Director Kent Perkins replied that credit is not given for trails. City Manager Gary Esplin explained that a developer would have to put in trails as part of an amenity package, but the ordinance does not require that he be compensated for that. The City is simply asking for access for other residents of the area, not just those in his or her development. Carol Sapp, representing the Southern Utah Homebuilders Association, commented that is someone puts in trails that benefit the rest of the community, they become a system improvement and should be paid for by impact fees. City Manager Gary Esplin replied that if a developer does not build a park, they will have to build trails to access a park, and they should not be compensated for that. If a developer builds a park, and the City requires them to provide access to adjacent subdivisions, then this becomes more of a system improvement. Staff is open to solutions. Council Member Gardner commented that a developer could possibly be required to do both a community and neighborhood park and the community park would be purchased by the City, and the neighborhood park would be an exaction. City Attorney Shawn Guzman commented that flexibility is built into the ordinance. The City Council can take into consideration the net acreage a developer has left, and if it is too much of a burden, he can pay a fee in lieu. Adam Arrington inquired if the City was forcing developers to give land to the City. City Attorney Shawn Guzman replied that the City will purchase land for a community park. City Manager Gary Esplin advised that the City did not plan on using condemnation. The theory is that a neighborhood park is an amenity to the development. The City will be flexible. Leisure Services Director Kent Perkins advised that a developer wants to build a large park of 14-16 acres. The City will pay them back for building the facility and use this large community park as a neighborhood park too. The City is trying to be flexible and not requiring both a community and neighborhood park in this instance. St. George City Council Minutes February 8, 2007 Page Four City Manager Gary Esplin commented that impact fees will be shared as a whole throughout the entire City. Carol Sapp inquired about implementation and how land values would be determined. Leisure Services Director Kent Perkins advised that guidelines are written in the ordinance. For instance, 50% of the land for a park has to be easily accessible, and no piece can be over a certain percentage of slope. City Manager Gary Esplin clarified that the City is saying that a developer cannot just donate slope property. The greatest percent of the property has to be useable. Leisure Services Director Kent Perkins commented that when developers do donate slope property to the City which they cannot use, they get tax deductions. The City Council will look at each piece of property donated and decide on the value. Values will be established yearly based on appraisals. There is an appeal process that allows for a developer to obtain his own appraisal or a negotiation between two appraisals. Carol Sapp commented that this would require the developer to incur additional cost. She suggested use of an appeals panel. City Attorney Shawn Guzman clarified that the proposed ordinance does not contain an appeals process. City Manager Gary Esplin explained that every year during the capital project updates, the City Council will set a fee based on what the value of the property in the community is as a whole. If a developer feels this is incorrect, he or she can hire their own appraiser and appeal this to the City Council. City Attorney Shawn Guzman clarified that there is no appeals process in the ordinance. The appeal process is to come and talk to the City Council. Council Member Whatcott inquired how property value would be established each year. City Attorney Shawn Guzman replied that when the City does its impact fee studies, it will be paying someone to determine the cost to acquire land for parks. City Manager Gary Esplin commented that it would not difficult to determine values. Carol Sapp commented that determining value by zones would be more precise instead of determining value City-wide. Finance Director Phil Peterson explained that impact fees would be held within a restricted fund with subfunds for each of the parks so that funds are restricted for use for each specific park. St. George City Council Minutes February 8, 2007 Page Five Rick Rosenberg inquired if the in-lieu fee would be paid at the time of platting. He was advised that this was correct. He inquired how this new policy would apply to existing larger PDs with many phases already developed. City Manager Gary Esplin replied that they would have to find four acres somewhere. However, if the projects were already platted and recorded, they would not be subject to the new ordinance. If they are not platted, then discussions will be held with them and they are subject to the new ordinance. If they do not have land for parks, they will have to pay an in lieu fee. City Attorney Shawn Guzman clarified that a public park requires publicly dedicated street frontage. Leisure Services Director Kent Perkins explained that if the City cannot get a park built within 10 years of collecting the impact fees, the developer will get his or her money back. City Manager Gary Esplin advised that the matter would be scheduled on a City Council agenda. DISCUSSION AND UPDATE OF VARIOUS PARK PROJECTS: City Manager Gary Esplin displayed a map of a proposed park in the Green Valley area along the river. He advised that Deanna Brklacich secured funds from FEMA to replace lost soil. The cost of the park is $1.6 million which does not include the necessary curb and gutter. The size of the park is about 9 acres. Mr. Esplin then displayed a map of a proposed park along the river adjacent to the Tonaquint Park. The cost estimate for this park is $400,000. The size of the park is three acres. It was the consensus of the Mayor and City Council to move forward with both park projects. Mr. Esplin reviewed plans for the new Town Square and Wa...

Celebrate the holidays at Thunder Junction this December! The Park will be filled with amazing lights and the spirit of the holiday. This...

...n 7 is a full-time staffed station. It is across the street from Firehouse Park, which makes this the best station for tours.

...ld? Tonaquint Nature Center. The facility is on the north end of Tonaquint Park.

...oad campus will be used for. Ms. Kane replied that it will be used for parking. She commented that two more buildings could be located near the wash, and expansion plans call for an identical patient tower to be built to the back of the property. A parking tower is also being considered. She advised that the trail would be maintained with a historical theme. UPDATE ON FOUNDATION BUILDING NEXT TO JUBILEE HOME: Terri Kane advised that the foundation building has been vacated and staff has met with neighbors to discuss their concerns with location of the Children?s Justice Center in the building. She advised that the hospital is interested in possibly doing something with workforce housing on this site and restrict the housing to school teachers, police officers, and health care workers. She advised that the hospital cannot hire employees from out of the area due to the lack of affordable housing. She advised that since she came to St. George in 2001, the number of hospital employees have increased from 1100 to 2200. She stated that the hospital would like to partner with the City and explore reasonable living accommodations. City Manager Gary Esplin explained that the City is currently working on a plan, but the problem with the site is that more property is needed. The Children?s Justice Center is also located in the wrong place in order to make an affordable housing project work. He said that perhaps 10-12 single family units could be built, with a small park if more property to the north is obtained. St. George City Council Minutes September 28, 2006 Page Three PRESENTATION CONCERNING FLOOD PLAIN MANAGEMENT: Presentation concerning flood plain management along the Virgin and Santa Clara Rivers. Rick Rosenberg presented a power point presentation which was previously presented to the City Council on July 14, 2005. Council Member Whatcott arrived at 5:07 p.m. Mr. Rosenberg reviewed the 2005 study and advised that it was done prior to the work on the Virgin River done by the NRCS. He advised that the 2005 study has been updated to take that work into account, but there is still lots of work to be done which the NRCS will not help with. Mr. Rosenberg then presented the new project objectives, project goals, project approach, guiding principles, appropriate uses, revegetation, streambank stabilization, terrace stabilization, maintenance, and regulatory permitting. He advised that the new FEMA maps were out. A full version of the study will be done around the end of the year. Ordinance language will be presented in the next 30-60 days for regulation of the flood plain. PUBLIC HEARING: Public hearing to consider public comment on how the City has used its federal Community Development Block Grant funds during fiscal year 2004-2005 to carry out priorities identified in the City?s Consolidated Plan. Community Development Director Bob Nicholson explained that a report to HUD is due next week. Anna Shingleton distributed a Consolidated Annual Performance and Evaluation Report executive summary and reviewed it. The executive summary is attached hereto as Exhibit ?A?. Mayor McArthur opened the public hearing. There being no public comment, he closed the public hearing. Council Member Gardner inquired about the City?s down payment assistance program. Community Development Director Bob Nicholson replied that there have not been many requests, even though the amount was raised to $10,000, at zero interest, the purchase of townhomes and condos is allowed, and the amount was raised to the average selling price of homes in the County. City Manager Gary Esplin advised that a new ombudsmen program will get the word out about the program. PRESENTATION ON PARKS IMPACT FEES: Presentation/discussion with regard to the parks master plan/impact fees. Jason Burningham presented a power point presentation with several options to consider for impact fees. He advised that the proposed scenarios are based on the St. George City Council Minutes September 28, 2006 Page Four City?s recent master plan. City staff has had a philosophical change in its mindset on how it looks at parks impact fees. Historically the 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 inquired of the City Council if they wanted to adjust the standards for acreage and population. He was instructed to look at this, as well as debt service. Council Member Whatcott suggested that the standards be more flexible, especially if the amenities are top notch. City Manager Gary Esplin commented that the line between community and neighborhood park is blurred, and it will be a challenge to make it work. Jason Burningham commented that the master plan is written to say that the City?s goal is have four acres per 1,000 residents for a neighborhood park. He suggested that they not get too caught up on acreage other than to set a goal of maintaining the current level of service. Changing the community parks from six to five acres will bring down the fee, as will as using a population figure of 1,200 vs. 1,000. FEMA UPDATE: City Manager Gary Esplin complimented Budget and Financial Planning Manager Deanna Brklacich on securing $860,000 from FEMA for dirt lost at the parks during the flood. Leisure Services Director Kent Perkins advised that Mathis Park is being rebuilt, and staff would like to complete the Santa Clara River park system, including recontouring and reforesting the area behind the Tonaquint Nature Center. He stated staff hopes to acquire property north of Tonaquint park to triple the size of the Nature Center and trails. MISCELLANEOUS DISCUSSIONS: City Manager Gary Esplin advised that Dave Clark has invited the Mayor and Council to attend a community meeting in Sun River. He advised Mr. Clark that the City?s technical staff members would attend to discuss the Western Corridor. Council Member Allen advised that the shooting park at Purgatory would like to use the City?s old leftover poles so that t...

Fire station 6 is located on the east side of the City near the 2450 east park.

...out the southern part of St. George. The event will stage from Bloomington Park where riders will bike an extended version&nb

Where should I park? There are numerous parking areas around the Electric Theater Center. There is a parking garage directly north across the street from the theater. There is a lot behind the theater used by cast, crew and employees as well as adjacent businesses.   There is limited on-street parking in the area and we encourage you to use the above noted parking garage.

...hon is a beautiful route through the scenic landscape of Snow Canyon State Park. The course is USATF certified super fast downhill race. It is one of ...

...;          Wednesday Bird Walk; Crosby Confluence Park, 2099 S Convention Center January 16 @ 7pm-8:30pm                Monthly Meeting & Presentation; Tonaquint Nature Center, 1851 S Dixie Drive                                                        Raptors of Southern Utah presented by Joseph Platt, PhD January 19 @ 8am-1pm                    Field Trip to Beryl Junction; Meet at the BLM office on Riverside Drive January 21 @ 7pm-8:30pm               Southern Utah Clean Air Legislation Forum; Dixie State University January 23 @ 9am-11am                   Wednesday Bird Walk; Royal Oaks Park, 1250 N 1400 West January 30 @ 9am-11am                   Wednesday Bird Walk; Sullivan Virgin River Park, 965 S Washington Fields Rd, Washington UT February 6 @ 9am-11am                   Wednesday Bird Walk; Snow Canyon State Park, Snow Canyon State Park Sand Dune parking lot February 13 @ 9am-11am                 Wednesday Bird Walk; Cottonwood Cove Park, 1027 S Dixie Dr. February 20 @ 9am-11am                  Wednesday Bird Walk; Sullivan Virgin River Park, 965 S Washington Fields Rd, Washington UT February 27 @ 9am-11am                  Wednesday Bird Walk; Confluence Park, LaVerkin Creek Trailhead, LaVerkin, UT      

This program is designed for kids ages 6-9 years old of all abilities. Have you ever wanted to become a conductor or engineer for a locomotive? Ever wonder how steam engines work? Come out for a fun a...

...onsensus of the City Council to proceed. DISCUSSION REGARDING MANDATORY PARK DEDICATION: Present for this discussion were Planning Commission Members Gil Almquist, Julie Hullinger, Ron Bracken, and Kim Campbell. City Manager Gary Esplin clarified that property value would be set by appraisal or MLS throughout the entire community as a whole, and not per area. This figure would be adjusted every year. If a property owner did not agree with the value, he or she would have the right to appeal the value to the City Council. Ron Bracken commented he felt there was a fairness issue with the proposed ordinance itself, as building lots do not create the need for parks, people do. He expressed concern that after a developer put up $500,000 for a park, there was no guarantee that the City would build the park, and if the money was not used within 10 years, the City would return the money to the developer without interest. Council Member Orton commented that traditionally the City has done a good job of having a park within ? mile of every resident, and parks are well represented in all neighborhoods. He stated he felt the City would continue to do this. Mr. Bracken stated he felt mandatory park dedication would increase the cost of affording housing. City Manager Gary Esplin replied that the fee would be paid in the cost of the lot or at the time of the building permit and would have no effect on a developer?s ability to provide attainable housing. Mayor McArthur advised that a developer would either have to provide the land for a park, or pay an in-lieu fee. The in-lieu fee would then be used to purchase park land or upgrade a nearby existing park. Mr. Bracken commented that a small developer would have no promise of ever getting a park in his area. He suggested that interest should be paid on any monies retained by the City which would be returned to the developer. Mayor McArthur agreed that interest should be paid on any money returned to a developer. Mr. Bracken commented that any in-lieu fee paid which would not be spent on a park within one mile would have to be returned to the developer with interest. St. George City Council Minutes February 22, 2007 Page Three City Manager Gary Esplin commented that the money must be paid up front or else the City would never be able to purchase park property. Mayor McArthur suggested the City obtain the money up front and pay interest on it to the developer when returned if not used. Leisure Services Director Kent Perkins commented that staff has completed a master parks plan, identified areas where parks are located and needed, and is now trying to acquire property for parks. Money paid up-front by developers will be used to reimburse the City for land it has purchased for parks. Ron Bracken commented that when a developer pays his or her money, there should be a designated area for a park and it should be purchased at that time rather than waiting. City Manager Gary Esplin clarified that a developer with a smaller development would not have to give up four acres, but would have to pay an in-lieu fee. Council Member Orton commented that the City?s need comes when the subdivision is platted, and that is when the City looks at the overall picture and the need for a park arises. City Manager Gary Esplin commented that the City needs to buy park sites. Impact fees do not pay to secure property. It is not fair to delay purchase of park property until homes are built or the City will never have the money to do so. He explained that funds to purchase park property can be borrowed from other internal funds, or the City can sell off properties it owns to generate cash. Council Member Whatcott inquired about the developer who builds on the fringe of his development, or a developer who builds but takes 10 years to justify building a park. He commented this would be unfair for the rest of the community. City Manager Gary Esplin commented this was a concurrency issue, and if a developer wants to develop a park on the fringe of his or her development, or take a long time to build, he or she must accept the fact that his or her funds may be held for longer than ten years. Ron Bracken commented that a park is a benefit, and someone who pays $500,000 and gets no park gets no benefit. Council Member Orton replied that the success of a development is not the City?s responsibility, and if a developer builds prematurely, the City should not be penalized if a developer cannot sell his or her lots. Gil Almquist inquired about use of school fields as parks. City Manager Gary Esplin replied that in the past the City has helped with costs of lighting and to build tracks in exchange for use of the fields by the public, but use of school fields is restricted and cannot be substituted for City parks. St. George City Council Minutes February 22, 2007 Page Four Gil Almquist inquired if the City was breaking new ground with this policy. City Manager Gary Esplin replied that the City?s recommendation is a compilation of numerous similar policies, using the best of each. Gil Almquist inquired about density credits. City Manager Gary Esplin replied that the standard in the parks master plan is four acres of park for every 1000 people. If a developer increases the density, more park land must be provided. Gil Almquist inquired about trails. City Manager Gary Esplin replied that the City will dictate where parks are built, and requires access trails from the park site to adjacent neighborhoods. An adjacent subdivision that builds can pay their in-lieu fee and have access to a nearby park via trails. He stated that the backbone of the trails system will be paid for by the park impact fee. Gil Almquist suggested that the street tree ordinance and other ordinances should be strengthened to promote a more park-like feel throughout the entire City. Ron Bracken commented that the City should consider a mechanism that as soon as a developer pays an in-lieu fee, when a certain percentage is obtained the City must combine this with other funds and purchase land for a park. Deputy City Attorney Paula Houston advised that a provision will be added that the City can accept a portion of land less than the total required acreage if it is not available, etc. in addition payment of an in-lieu fee. Las Colinas is an example of this. She commented that the City is the one who will decide what property is acceptable for a park. Council Member Whatcott commented he felt asking a developer to give up property and then telling him where to locate the park was pushing the envelope. Council Member Orton replied that this would be taken care of by following the various steps through staff, the Planning Commission, and City Council. Gil Almquist commented that most developers have been reasonable when the Planning Commission felt they were pushing the envelope. Council Member Gardner commented that what works for the developer works for the City, as their needs are the same. Typically the City is better suited to review plans and tweak them to fit needs. DISCUSSION RE MASTER PLANNED ROAD ADJACENT TO THE NEW HERITAGE ELEMENTARY: Mayor McArthur declared a conflict of interest. St. George City Council Minutes February 22, 2007 Page Five Joe McArthur read a petition opposed to connection of Morningside Drive to Riverside Drive and then presented it to the City. He stated that residents of the area would prefer that Morningside Drive be made a culdesac. He reviewed a map of the area with those present. He advised that the School Board has no problem with a culdesac. He stated that Morningside Drive is only 50' wide or less and is not wide enough to handle the increased traffic. City Manager Gary Esplin commented that the issue is connectivity to the neighborhoods and major roads. He advised that Morningside Drive has been master planned to connect to Riverside Drive, and this decision has nothing to do with the School District. Joe McArthur commented that it was a safety issue as the amount of traffic will be doubled. He suggested connection of the Cox Landing street instead as it is much wider. Council Member Whatcott suggested installation of a gate during the day. Eldon McArthur commented on the amount of traffic on Riverside Drive. Mayor McArthur advised that the Cox Landing street will also be connected to Riverside Drive when the property is developed. Michelle McArthur commented she heard a rumor that a stipulation was made that since Mr. Cox gave part of his land for a park, the road would not have to be put in. Mayor McArthur replied that...

...n? Fleming EXCUSED Council Member Whatcott Site Visit to Slick Rock Park The council made a site visit to Slick Rock Park. Those Present: Mayor Daniel McArthur Council Member Allen Council Member Bunker Council Member Orton Council Member Gardner City Manager Esplin City Attorney Shawn Guzman City Staff: Kent Perkins, Matt Callister Opening The pledge of allegiance was led by Council Member Orton; Council Member Bunker offered the invocation. Discussion with property owners adjacent to the Bloomington Park regarding access and landscaping issues Leisure Services Director Perkins displayed a map of the area under discussion. He detailed some changes being made in Bloomington Park. He reviewed the location of additional parking, detailed the route of the trail through the park. He indicated the council has directed that the park include ball fields of the same quality as the Canyons facility. The group discussed possible location of volley ball courts. An unnamed man asked about an area that can be used as buffer. Mayor McArthur asked if the parking area was far enough away that home run balls will not hit the cars. Leisure Services Director Perkins indicated arrangements can be made to protect the cars such as blacking out some of the stalls or adding a protective screen. The location of the lights was discussed as was access to the equestrian park. An unnamed man expressed concern regarding access to the equestrian facility being designed to accommodate horse trailers. Gail Maxwell discussed the amount the equestrian park is used. He indicated prior to the flood the facility was used most evenings during the training season. There was discussion of property possibly being sold by Lucedia which may limit access. Gail Maxwell discussed hearings held in 1999 that included the possibility of adding tennis courts; an option opposed by the neighbors. He commented that neighbors are now asking about lighting, how tall the lights will be and how often they will be operated. City Manager Esplin commented the lights are the same height of others in City parks. The lighting is directed down and will run dusk to dawn for the normal operation of the parks. The ball field lights run until about 10 p.m. during the summer. Leisure Services Director Perkins indicated the parking lot lights operate at various times as set by staff. Generally they are on until 10 p.m. or 11 p.m. Staff tries to balance the need for security versus night light pollution. Kent Peterson expressed concern over the lights installed for the basketball court which are tilted up and shine in home and about the timing of the lighting. He asked if the lights could have been lower, with the concrete post they are 28 ? 29 feet tall. He expressed concern that leaving the lights on all night will attract ball players at night and add to the noise in the park. Kirk Bradley suggested using cypress trees as a barrier. He asked about when the ball field lights are turned off. City Manager Esplin indicated basketball courts are lighted as a standard in all the parks. The restrooms can be locked and lights set so they can not be turned on after 10 p.m. There was discussion regarding changing the direction or intensity of the lighting. The type of lighting was discussed. The lights are night sky friendly. There was discussion concerning the use of security lighting. The group discussed when the park will be open. The plan is to open the park at the first of June. The group decided to wait until the park is open and the lights are on to evaluate the situation and determine of the lighting is acceptable or not. Access to the park was discussed as was access to the back of lots in the area. Members of the audience expressed concern regarding potential elimination of access to the back of the lots. City Manager Esplin commented limited access would not be a problem if there were some restrictions on the uses. He recommended the back of the lots be landscaped if access continues to be allowed. Gail Maxwell indicated in the 1999 hearings planting a hedge was discussed. Leisure Services Director Perkins expressed the need to make sure that the home owners in the area understand that the trees may block views when they mature and damaging the trees to regain the view is not acceptable. The date the park was built was discussed; it was built in 1976 or 1978. Gail Maxwell asked for permission to level the equestrian field. The council indicated the work on the equestrian field was approved. An unnamed man summarized that the lights will go off about 10 p.m. City Manager Esplin indicated there will be times when the lights will be on later than 10 p.m. and possibly all night. One or two tournaments a year go on all night long. Mayor McArthur indicated access to the back of the lots will be reviewed by the Legal Department. City Manager Esplin recommended staff draft an agreement detailing the type of access allowed. He doesn?t anticipate a problem with use that is residential in nature, but other uses for access will not be permitted. Discussion concerning the mobile catering ordinance Present for this discussion: Business Licensing Specialist Laura Woosley, Police Chief Stratton, City Attorney Guzman, Sergeant David Moss, Officer Loren Johnson, Director of Administrative Services Vincent, Marc Mortensen, Matt Loo, Finance Director Peterson. City Manager Esplin updated the council on the concerns with the current ordinance. The ordinance requires that caterers be mobile rather than parked in one location, in City parks with concessionaire agreements mobile caterers are not permitted when the concessionaires are open. Other issues include proper licensing, hours of operation, specifically on Sunday. Most concessionaires don?t want to operate on Sunday so there is not a conflict of interest with the concessionaire. The stationary caterers in question are providing a needed service. Staff is considering changing the ordinance to specify that if the concessionaire is not operating then the stationary caterers can operate. The change to the ordinance would allow the City to collect a portion of the revenues and to meet the needs of the community. Marc Mortensen indicated, Mr. St. John, a licensed mobile caterer, has expressed two concerns. One is that mobile vendors and their employees should be required to undergo a back ground check. The other is in regard to the vehicle inspection requirement for mobile caterers. An unnamed man indicated that finger prints have to be sent in at the time of licensing. Laura Woosley explained stationary caterer owners are required to undergo a back ground check, but not employees, she recommended employees also be required to undergo back ground checks. Mayor McArthur agreed with the back ground checks and stated that back up alarms should be required on vehicles. An unnamed man indicated he had a letter of permission from the principal of the school where he operates. City Attorney Guzman commented the school district?s attorney indicated principals can not give permission for this type of activity; it has to come from the district office. The group discussed changing the ordinance to allow stationary caterers. The need for public restrooms and litter was discussed as related to soccer events. There was discussion as to which parks will be used for organized events on Sundays and the fees charged for use of the parks. Currently the Sun Bowl and Bluff Street Park are being used. Finance Director Peterson indicated Lynne Scott has waived the fee for the soccer events. However, she has expressed concerned because the waiver is generally only for one time uses, the soccer league is using it 11 out of 12 months so she recommends charging a use fee. City Manager Esplin commented some of the issues being discussed need to be addressed but are not pertinent to tonight?s discussion. The council discussed possible changes to the ordinance including fees for stationary caters and whether to limit the amount of caterers allowed. How to make the change in the ordinance was discussed. The council expressed agreement that the ordinance should be presented to the council with changes to include back ground checks of employees, allow caterers to be stationary if no concessionaire is open and that vehicles be inspected and have a sticker on the approved vehicles. Council Member Allen asked how many mobile caterers are licensed in the City. Laura Woolsey indicated five of the seven caterers are active. She asked if stationary caterers are allowed at the parks will they also be allowed at the schools and would there be an operating time limit such as 9 a.m. to 5 p.m. There was discussion 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 Purgatory Correctional Facility using the park. The incident discussed concerned 12 inmates playing basketball with only one guard supervising. Mayor McArthur commented the City uses inmates for public service such as trash clean up along streets. The inmates that do this have earned a right to be out, they are low risk. Mrs. Black asked why the restroom wasn?t put in at the beginning. Mayor McArthur commented it wasn?t used because funds were limited. The hours the park is open was discussed. The park is open dawn to dusk. For events that happen after dark, a special permit is required. Neighbors should contact the police if the park is being used after hours. The group discussed registered sex offenders and the Volunteer in Public Safety program that may be used to monitor the park. There was a general discussion about the design of the restroom,...

...with 70 single-family detached patio home lots located east of Snow Canyon Parkway at approximately 2600 North. Mr. Richard Allen, representative. Case No. 2005-FP-043PLANNING COMMISSIONJuly 12, 2005Page TwoC. Consider approval of a final plat for Paragon Cove Townhomes at Stone Cliff Phase 4 with 22 single-family detached patio homes located south of 1450 South Street at approximately 2000 East. Mr. Gail Maxwell, representative. Case No. 2005-FP-044D. Consider approval of a final plat for Bloomington Courtyard Commercial Center Phase No. 5 with 1 commercial lot located at 2710 South Street, west of Pioneer Road. Mr. Hal Magelby, applicant. Case No. 2005-FP-045E. Consider approval of a final plat for Bloomington Courtyard Professional Office Condominiums with 6 units located at 2710 South Street, west of Pioneer Road. Mr. Hal Magelby, applicant. Case No. 2005-FP-046F. Consider approval of a final plat for Tuscany Ridge Subdivision Phase 1 with 42 single-family residential lots located at 540 North and 1620 West. Mr. Brent Goodwin, applicant. Case No. 2005-FP-047Chairman Almquist read final plats B through F into the record.MOTION: Commissioner Clayton made a motion to recommend to City Council approval of a final plats B through F and authorize chairman to sign. Commissioner Burks seconded the motion. All voted aye.Commissioner Clayton stepped down for the next final plat due to conflict of interest.G. Consider approval of a final plat for The Terraces at Seven Hills Phase 2 with 33 single-family residential lots located at Tuweap Drive and 1350 North. Ence Homes, applicant. Case No. 2005-FP-048MOTION: Commissioner Stout made a motion to recommend to City Council approval of a final plat for The Terraces at Seven Hills Phase 2 with 33 single-family residential lots located at Tuweap Drive and 1350 North. Ence Homes, applicant, and authorize chairman to sign. Commissioner Campbell seconded the motion. All voted aye.PUBLIC HEARING - GENERAL PLAT AMENDMENTSA. Consider a request to amend the General Plan - Land Use Map to change the land use designation of Open Space to Commercial on approximately 9.29 acres on property located east of the Riverside Drive extension, northwest of the Virgin River, and south of Netta’s Knoll. Mr. Sheldon Johnson and Mr. Kris Johnson, applicants. Case No. 2005-GPA-001PLANNING COMMISSIONJuly 12, 2005Page ThreeMark Bradley stated this is to amend the general plan land use designation from Open Space to Commercial. The applicants would like to construct storage units at the said location. Approximately 85% of the said property is located within the erosion hazardous area. The site is located outside of the 100-year flood line. Mark said the following are comments, considerations and recommendations;• The site could most likely be mitigated. The problem is what effects/impacts would be created up and down the stream. Mitigation of the site could and would change the natural patterns of the river. What are the long-term impacts on properties both up and down the stream?• The main damages from recent flooding this late winter/early spring was from erosion.• Rosenberg Associates, the applicants’ engineers should provide a recommendation along with information on potential impacts on the surrounding properties (up and down the stream).• Whatever is approved for this project would set a precedent.• The standards as identified in Chapter 23 of the Zoning Regulations would be required. The Planning Commission would need to decide when the items below should be addressed.Commissioner Taylor asked what constitutes the erosion hazard area where it is outside the 100-year flood plain. Mark said he will turn that question over to Jay Sandberg. Jay Sandberg City Engineer replied there are two hazards’ one is a flooding hazard and the other is a meandering erosion constant changing of the river. The problem is the ordinance really doesn’t address the zoning. When they met with the applicant and their engineer before the zone change, they determined they would do a preliminary erosion study. They have done tests on the site to look at some of the soils on the site. At the time they met with the applicant and engineer they were not aware they were moving forward with this general plan amendment. As far as the requirements of the City the engineer has to give their professional opinion to whether that development would create a problem for itself but also for other developments in the area. This is something the Planning Commission needs to look at. Chairman Almquist said request a different amendment to the General Plan has safe guards. Jay said the Virgin River has a tendency to meander. It is an unstable river in some levels.Commissioner Taylor said, what about the vegetation and will that have an effect on the river. Jay said the area has been cleared due to the flood. Tim Fry with Rosenberg Associates said they have met with staff and the City engineer. They understand there will be an erosion hazard study that will have to be preformed. To move this General Plan Amendment forward they had to get the application in months ago. It would be PLANNING COMMISSIONJuly 12, 2005Page Fourtheir plan to have the erosion hazard plan done so they would have a better understanding. The applicants thought it was a good site for storage units based on the development in the area. Sheldon Johnson said they are aware of the erosion. He stated that back about 40 years ago they were in the middle of an erosion so they lined their property with concrete by 150 wide and 12 ft. deep. Between the river and the parcel is 700 ft. of pasture ground. This will always remain there. He said that 90% of the erosion boundary is hard clay and rock. He feels this project will beautify the area. Kris Johnson said it is zoned R-1-10 right now. He and his father would rather see it zoned commercial.Rich Lewis said he has property in that area. This project brings concerns to him. He is concerned about this being a junk area. He bought property along Foremaster Ridge south. On the west side of the road it was R-3 property and the City requested from them to have it zoned R-1-10 single-family. There will be high quality residential around the project. Chairman Almquist asked Deputy City Attorney Ron Read, just to make it clear they are asking for commercial but the City is not clarifying what type of commercial. Deputy City Attorney Ron Read said that is correct.Doug Pierce has a piece of property that looks down on this parcel. This has been a real junk yard down there for quite some time. If you do move forward, please make sure, he gets rid of the trash. Sheldon Johnson said there is a 12-inch line of water from the dam down to that property. They plan on planting trees and will make it look beautiful. It is their desire to make it as beautiful as can be. He wants them to see nothing but the storage units and a white picket fence. Kris said it will be similar to the Swiss Bank Storage units. It will be very controlled. It seems like a good thing to do. PLANNING COMMISSIONJuly 12, 2005Page FiveMOTION: Commissioner Clayton made a motion to recommend to City Council approval of a request to amend the General Plan - Land Use Map to change the land use designation of Open Space to Commercial on approximately 9.29 acres on property located east of the Riverside Drive extension, northwest of the Virgin River, and south of Netta’s Knoll. Mr. Sheldon Johnson and Mr. Kris Johnson, applicants. Commissioner Taylor seconded the motion. Chairman Almquist stated let the record show that the motion does not insinuate any type of specific use. Commissioner Burks voted nay. The motion carried 5 to 1.B. Consider a request to amend the General Plan - Road Master Plan to eliminate a master planned 50 ft. right-of-way designated to extend north to northeast from 2780 East at the location of Rasmussen Drive and 2780 East Street intersection and connect into 3000 East Street at the vicinity of 1700 South. Mr. Ryan Button, applicant. Case No. 2005-GPA-002Mark Bradley said this request is to amend the general plan road master plan. Mark said that on June 14, 2005, the Planning Commission determined a proposed adjustment to the alignment of the road master plan is significant due to the nature of the road connection into 2780 East Street and would require a public hearing. The applicant consented to the motion and did not pursue further review by the City Council. The request however changed from shifting the road east to eliminating the 50 ft. master planned road altogether.Mark said staff supports the General Plan - Road Master Plan as approved by the Planning Commission and City Council. Please note that not all 50 ft. rights-of-way are shown on the road master plan. Primarily critical connection streets are provided for circulation and connectivity.Jason Tuttle with Bush and Gudgell said this was considered an oversight when they planned the master plan road. The developable area in there is only about 25-30 acres. The 50 ft. master plan road does not fit into the overall traffic pattern. This connectivity could be accomplished through other areas that the City has in place. In reality they would like the City to not micro manage the development occurring in this small area. They would like to be able to develop. Mr. Larsen said they are against abandoning the road because eventually there needs to be another outlet. They are not planning on developing at this point. There needs to be another road to tie into 3000 East. The only reason the applicant wants to abandon this road is they want to be able to get more lots. The owner of the property should have known what the master plan road would have been. PLANNING COMMISSIONJuly 12, 2005Page SixJeannette Rawlings said she is in favor to abandoning it. She does not want roads on both sides of their properties on the north or the south. Jay Sandberg City Engineer said the 50 ft. road will shift down. What they are proposing is to put the roads through their property and back the lots up against the irrigation lines. Then the City would look at the adjacent properties to see how that would work. Commissioner Stout asked if the Larsen’s were aware of what the City is looking into. Jay said they are not. The first person in and the first person to develop is the one who normally dictates who will make that happen.Don Rawlings said the east side of their property line is in Washington City. They talked about the sewer line when it comes in. He is in favor of eliminating the road. If the City could come off 1600 South instead, this would be an ideal thing for the City.Dave Young said he owns the home just north of the proposed abandonment. He doesn’t feel it should be a 50 ft. road, and he would be in favor of abandonment. Natalie Larsen said however, it is not fair to a property owner who is not prepared to develop at this point to be subject to having everyone put the roads on them and carry the burden. This road is needed. Commissioner Clayton asked Jason Tuttle if they were talking about moving the road two feet. Jason Tuttle said Natalie Larsen mentioned moving the road two feet to the west. They can’t do that because they need to line up with 2780 East. In order to get the amount of asphalt to be able to build the road to where it is master planned and use it, they would need 25 ft. of asphalt. So they would need an additional 2 to 3 ft. of property from the Larsen’s. Commissioner Stout said she feels uncomfortable making a motion while the neighbors are still not in agreement with this. She feels all the effective property owners need to be working together with the City.Jay Sandberg said at the last meeting they look at an alternative road. There was no strong alternative. This is the position the developer has taken. The next step in the client’s eyes is to eliminate the road. Jay hasn’t heard a good reason to eliminate the road yet. There still needs to be circulation and access.PLANNING COMMISSIONJuly 12, 2005Page SevenCommissioner Bracken said putting the road where it is now master planned puts a double frontage on this subdivision that is trying to go in there right now. If the road is moved over to the Larsen’s property then there would not be double frontage on the lots that are now being proposed, and there would not be double frontage on the lots on Larsen’s side. Logically this road needs to be moved over. Bob Nicholson said this subdivision has no preliminary approval. This is only proposed. Commissioner Taylor said the issue is, should the road be abandoned. MOTION: Commissioner Taylor made a motion to recommend to City Council denial of a request to amend the General Plan - Road Master Plan to eliminate a master planned 50 ft. right-of-way designated to extend north to northeast from 2780 East at the location of Rasmussen Drive and 2780 East Street intersection and connect into 3000 East Street at the vicinity of 1700 South. Mr. Ryan Button, applicant. Commissioner Stout seconded the motion. Commissioner Taylor voted ayeCommissioner Campbell voted ayeCommissioner Stout voted ayeCommissioner Burks voted ayeCommissioner Bracken voted nayCommissioner Clayton voted nayThe motion carries.Chairman Almquist stated that the board would like to request that those here respect the right of the applicant to make such a request. Make your comments relative to the issues and not any personal attacks, which they have had in the past. He would also like to add that this is a item to determine a significant change. It is not necessarily a zone change.DETERMINE SIGNIFICANT CHANGEDetermine whether or not a proposed town homes development (Oasis at Hidden Valley) is a significant change to the Hidden Valley - Fossil Hills Planned Development and would require a public hearing. The site is located at the vicinity of Hidden Valley Drive and Price Hills Drive, west of Desert Hills Drive. Sean Glather, applicant. Case No. 2005-DSC-005Mark Bradley stated the applicant has approached him and requests this item be tabled until they have time to talk to the residents. Chairman Almquist said anytime a group of people change their whole night to come and talk about something that it should be done. Then they will gain PLANNING COMMISSIONJuly 12, 2005Page Eightsome insights from a public forum as to what comments they want to make even if it is tabled or what adjustment they may want to make. Mark Bradley said this is a determination of whether or not a proposed town home development (Oasis @ Hidden Valley) is a significant change to the Hidden Valley - Fossil Hills Planned Development and would require a public hearing. Mark said there are designations of uses and densities throughout that area, such as open space, and the proposed park which is owned by the State Trust Lands. The request by the applicant felt it was more of an average of densities. Mark went over the changes to the proposed development.Staff comments are:1. This determination is to be made based on the request to develop the town home concept overlapping two designated density bubble areas, and a portion of the community park still under ownership of the State Trust Lands. The request would be an average of the two designated and allowable densities. The State Trust Lands have committed to provide the same acreage for the community park contiguous with the proposed adjustments.2. A courtesy letter was mailed out to the adjacent property owners. The Hidden Valley portion of the overall Hidden Valley - Fossil Hills Planned Development has gone through a couple of amendments. The original PD master plan will be exhibited at the meeting. A copy of the subject area, proposed site plan, and the Hidden Valley Land Use Data sheet will be included in the report.3. After further review of the PD text, more particularly the land use data portion of the text, it is identified that the 5.5 du/acre area is designated as a PUD with 4,500 sq. ft. lots. This information establishes a significant change as far as the use is concerned, a change from the type of housing compared to averaging densities. The applicants were looking at the request as more of a density average rather than that of a changed use.Commissioner Clayton said he remembers when this area came through. It seems to him about 6 years ago it came through the City for the master plan. Things change in that time. Now the change has been done to accommodate the current marketplace. He doesn’t see this as an overall change.Curt Gordon with SITLA said they don’t share staff’s opinion that this is a significant change. They would like to request that this be tabled so they would have time to talk to the residents. Chairman Almquist asked if parcel 1.4 and 1.7 have been swapped? Curt said that process has already been done. Curt said the parcel they are talking about now under the old plan would PLANNING COMMISSIONJuly 12, 2005Page Ninehave been a church. They came to City Council some years ago and changed that configuration back in 1999. They have talked to staff about different use. Chairman Almquist said he wondered how many people bought a home in 1.8 and were told in 1999 that flip flop had been made. Curt replied he did not know. Curt said the request is to table this issue. Chairman Almquist asked if he thought the area developed quickly and that was a positive thing, and therefore might deserve a little bit more shuffling rather than the division in 1999. Curt said no. The reason they are pursuing this is because it is the last area to be developed. Chairman Almquist said how many units are you asking for. Curt said it will be 8 units per acre which is an increase in density.Scott Rockwood said they are delighted to have some progress down there. They have put a group together to study this issue. The most significant concern they have is when people moved to this neighborhood they were told that would be a church and a park. If this was simply about a sewer then it is something that could be talked about. There is no accessibility to the park. Traffic is a huge concern. The key concern is, it was initially planned to have a 5.5 in 1.4 on the master plan and that was switched. It is their desire to have that stand. If you are going to change the church then do it as a straight swap. Commissioner Clayton informed the Chairman he would like to call a question and move on. Chairman Almquist said he promised them that they could be heard until 6:30 p.m. David Frisby said he lives directly east of this development. They planned on a church being there. With this switch it would be a change of density and as well as uses. By bringing in higher density into a neighborhood it would bring in more crime into the area.Duncan Larsen he said he is a law enforcement officer who lives in Desert Hills. Crime statistics show that high density residential housing has crimes. Bringing this development close to them will bring in more crime. The concern of the community is the quality of life in this area. It will be a high traffic area. Commissioner Campbell said just for the record the church is out for bid. Chairman Almquist said there will be a motion. Commissioner Clayton called the question.MOTION: Commissioner Clayton made a motion at the request of the applicant to table this item until the August 9th meeting. Commissioner Bracken seconded the motion. All voted aye.PLANNING COMMISSIONJuly 12, 2005Page TenPUBLIC HEARING - ZONE CHANGEConsider a zone change request to adjust existing zone boundaries between two zones, R-2 (Multiple-Family Residential) and R-1-10 (Single-Family Residential) in preparation of the Stonebridge Drive extension alignment and connection to Valley View Drive. The site is located west of Valley View Drive at approximately 150 South, south of the Pebble Creek Subdivision. The acreage adjustments are: R-2 (7.08 acres to 6.51 acres) and R-1-10 (11.25 acres to 11.82 acres). Mr. Richard Hafen and Mr. Jeff Rogers, applicants. Case No. 2005-ZC-023Mark Bradley presented a color rendering of the parcel. The primary purpose of this request is to redefine the zoning of this parcel. Zoning reduces the R-2 and increasing the R-1-10. Staff does not see any problems with the request. Mark Bradley said this is to adjust zone boundaries between two zones. The combination of zones of R-2 and R-1-10. The property is currently vacant. Mark said that staff comments are;1. The adjustment would match the proposed road alignment, which would allow one zone to be completely on one side of the road and the other on the other side of the road.2. The zone change does not increase inconsistency with the general plan (In reference to the existing R-2, Multiple Family Residential zoning within a low-density residential land use designation).Ryan Jolley from Alpha Engineering said they have been involved with this more than 3 months. That is a 66 ft. road from Stonebridge Drive. It was a road that was planned to enter a subdivision. They worked out 20 or 30 different alignments with that road to finally come up with this one. It is basically their only option. There is a blind spot, but there is sufficient sight distance. They were limited to what they had to work with. Commissioner Burks asked why is that the only way for the road to go through? Ryan replied they tried to run the road straight through but the property owner of the Presbyterian Church wanted a property exchange and additional money. So they couldn’t do that. Commissioner Clayton said it seems to him that the way the road comes down is an extremely dangerous location, especially in consideration of all the people who live in Coventry, Pointe West and the new one going in and the amount of the traffic that will come out onto Valley View. PLANNING COMMISSIONJuly 12, 2005Page ElevenJay Sandberg City Engineer said he has spent quite a bit of time looking at this. This is not ideal but it does work in that location. This road is not a master plan road. It does have adequate sight distance. Jay said it meets the requirements of the City. This would be better than the 100 North intersection. Ruby Nerivers who lives in Pebble Creek, said they were told that this area was protective wetland. The City fixed the road to Valley View but when they did that it took away the stream. No one told them that would happen. The wet lands are slowly dying. Now they want to build duplexes and remove the wet lands. This will block her view. The other thing she worries about is the flooding. If this is made level with her property, then she would be worried about her property flooding every time it rains. Ruth Cooper said they have never been notified that it was zoned R-2. Chairman Almquist explained the request is to reduce the zone down. Jack Hinkle asked when the zoning took place. Bob Nicholson said it has been zoned in that area for about 20-30 years. Jack feels this will bring the quality of their homes down. Jason Vale asked why can’t that access be a cul-de-sac. Commissioner Stout said they need that connectivity. Jason is concerned about the traffic. Commissioner Burks asked if the street drawn is that the only way Stonebridge could go? Bob noted Alpha Engineering said they have looked at numerous alternatives. The only other alternative would be to go through the church property. Jeff Rogers who is one of the owners of this property, said this property was his grandfather’s. This is the last piece of land to be developed in this area. He has met with the church several months to try and do anything they can. But they have their agenda and plans for a church so it was not going to work out with what they were going to do. They recognize the need for an east/west access. They have tried to accommodate with the City and they are not happy with a 66 ft. road going through there. They plan on making very nice townhomes. They have tried other options. Commissioner Bracken asked if these will only be duplexes. Jeff said it will be only duplexes. Some of these could be purchase for use, or have them rented out. Commissioner Clayton said the church has talked about exchanging a site. Jeff said yes if you consider it an exchange. The church wanted to give them their 2.3 acres for our 5.0 acres, plus give them 200,000 cash. PLANNING COMMISSIONJuly 12, 2005Page TwelveCommissioner Clayton said he wants to go on record to say there is going to be lives lost at this intersection and that will bear an incredible cost. Jeff said the issue is the City needs a master road through this area. Commissioner Clayton said he lives there and that is dangerous area. Jeff said this is a problem that comes with development. Jeff stated he feels bad that the residents of Pebble Creek thinks this was a wetland. The area has never been a wetland. Chairman Almquist said the piece of R-3 in other ways would directly line up with Indian Hills Drive. It is due for an upgrade. Have you considered acquisition of that property and perhaps some raising and redeveloping that Jeff said they have. This would be cost prohibitive at this point. MOTION: Commissioner Stout made a motion to recommend to City Council approval for a zone change request to adjust existing zone boundaries between two zones, R-2 (Multiple-Family Residential) and R-1-10 (Single-Family Residential) in preparation of the Stonebridge Drive extension alignment and connection to Valley View Drive. The site is located west of Valley View Drive at approximately 150 South, south of the Pebble Creek Subdivision. The acreage adjustments are: R-2 (7.08 acres to 6.51 acres) and R-1-10 (11.25 acres to 11.82 acres). Mr. Richard Hafen and Mr. Jeff Rogers, applicants. Commissioner Taylor seconded the motion. Commissioner Clayton voted nayCommissioner Campbell voted ayeCommissioner Burks voted ayeCommissioner Bracken voted ayeCommissioner Stout voted ayeCommissioner Taylor voted ayeThe motion carries.PUBLIC HEARING - AMENDMENTS TO ZONING REGULATIONSA. Consider 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. Case No. 2005-ZRA-005PLANNING COMMISSIONJuly 12, 2005Page ThirteenCommissioner Clayton asked if the item contains the changes that the Planning Commission suggested from the last meeting. Ray replied yes.Ray said what you saw last time was adding a guest house, and what has been added this time because of conversation from the last Planning Commission meeting, is adding a definition of kitchen and temporary guests.Ray said what has been added is the detached for a guest house for clarification. 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 Almquist said in the last Knolls phases request, they were looking at these parks as a huge marketing plus, and when Meadow Valley came in and Quality spoke, they spoke of the softball complex specifically as being a marketing tool.Kent Perkins finished by saying they have done the best job they could for this park. They have not really short changed the search for lights. Commissioner Stout asked would it not be an easy switch to move the ball fields to the soccer fields? Kent said this will not work. MOTION: Commissioner Taylor made a motion to recommend to City Council approval of 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.. Commissioner Campbell seconded the motion. Commissioner Clayton voted nayCommissioner Stout voted nayCommissioner Bracken voted nay Commissioner Taylor voted aye Commissioner Campbell voted ayeCommissioner Burks voted ayeChairman Almquist voted aye. The motion carried.B. Consider a request to amend the St. George City Code, Title 10 Zoning Regulations, Chapter 10 “Commercial Zones”, Section 10-10-5 “Special Provisions” establishing a design review and approval process for commercial buildings with 40,000 sq. ft. or more. City of St. George initiated. Case No. 2005-ZRA-006PLANNING COMMISSIONJuly 12, 2005Page EighteenBob Nicholson said basically in a PD zone it goes through a design review. If it is a straight commercial zone, the Planning Commission and City Council don’t have any design review presently. So this is amended to require new commercial buildings with the ground floor area of 40,000 sq. ft. or more to go through a design review process similar to a planned development. Bob said the use would not be a question. Bob Nicholson read into the minutes the special provision which is being proposed to be added into Chapter 10. They have tried not to get too extensive with the wording. This will give Planning Commission and City Council the design review which you already have in a PD zone.Commissioner Stout said give examples of buildings that are 40,000 sq. ft. in town. Bob said the Boulevard, Albertson’s and the K-Mart center. Commissioner Stout asked if staff has checked with other cities to see what the cutoff would be for square footage for them. Bob said it would vary in other cities. He doesn’t believe there is a set square footage. Bob said they could certainly take the square footage down. Commissioner Stout said she would like it to say 20,000 sq. ft. and add minimum lighting. Bob said the 20,000 sq. ft would be fine. Then staff can come back and amend the landscaping section for commercial zones. They would like to move forward with the design review requirements.MOTION: Commissioner Taylor made a motion to recommend to City Council approval of a request to amend the St. George City Code, Title 10 Zoning Regulations, Chapter 10 “Commercial Zones”, Section 10-10-5 “Special Provisions” establishing a design review and approval process for commercial buildings with 40,000 sq. ft. or more. City of St. George initiated, with the recommendation to reduce the size of the building to 20,000 sq. ft. Commissioner Campbell seconded the motion. All voted aye.Chairman Almquist said item 7A would be next but seeing that item 6 was tabled regarding the same site then they need to table item 7A. SITE PLAN & BUILDING ELEVATIONA. Consider a request for a site plan and building elevation approval for a proposed town home development (Oasis at Hidden Valley) located at the vicinity of Hidden Valley Drive and Price Hills Drive, west of Desert Hills Drive. Sean Glather, applicant. Case No. 2005-SPBE-005PLANNING COMMISSIONJuly 12, 2005Page NineteenMOTION: Commissioner Stout made a motion to table item 7A. Commissioner Bracken seconded the motion. All voted aye.B. Consider a request for site plan and building elevation approval for a proposed ANB Bank within the I-15 right-of-way located on the west side of Convention Center Drive at approximately 1600 South, between Jack In The Box and the Fairfield Inn by Marriott. Mr. Russell Scott, applicant. Case No. 2005-SPBE-004Ray Snyder presented a slide presentation of the site. This request was reviewed at the Planning Staff Review meeting held on May 24, 2005. Curb, gutter, sidewalk, and street exist in front of this vacant lot. The applicant is proposing to construct a 9,080 sq. ft. single story financial bank. Two driveways are proposed and one would be a shared driveway with Fairfield Inn. Commissioner Campbell asked if there is an issue with driveways lining up with other driveways across the street. Ray said he hasn’t looked at that. Commissioner Campbell said that is something that needs to be looked at. Commissioner Campbell said the second issue is about stacked distance for the drive-up tellers. That could be a traffic issue. This is something that needs to be addressed. Commissioner Stout said move the drive-up area up the south area. Cathy Hasfurther City Engineer, said Aron Baker City Traffic Engineer met with the ANB representatives because of the concerns engineering had, and he may need to go back and let him see this letter because from his understanding they were only going to do commercial lending. He didn’t know they were doing full service for this bank. Kay Bringhurst with Alpha Engineering said he doesn’t know for a fact that this will be a full service bank. They can look at the drive-up and see if they can work it out differently. Troy Belliston said they do push development and mortgage lending. The full service is not their intent. The west side driveway lines up with Newby. The east side drive doesn’t line up with anything across the street.Commissioner Taylor said this is a facility that may get larger in time. Commissioner Campbell said they are approving a bank not ANB Bank. Commissioner Stout said you don’t put in four drive-up lanes and not intend to use them. Commissioner Clayton said they need to come back with some modifications if this to be used as a full size bank. Kay Bringhurst said Aron Baker indicated they would not need a traffic study. But if they need to do one they can. They could do away with the second access. PLANNING COMMISSIONJuly 12, 2005Page TwentyCommissioner Campbell said the second access is not in question. What is the question is the drive-up lanes and the stacking not to occur.Commissioner Campbell said the drive-in could be the single one-way and the drive-out could be the parking. Also, move the teller to the west to prevent the stacking.Troy asked if there are any ordinance or criteria that the Planning Commission would want as far as stacking. The client is ready to submit completed plans to the Engineering Dept. They would like to not have to modify the building as they have completed plans to submit. Commissioner Taylor said the real issue is they are building a bank. You need to look for ways to avoid the stacking and they haven’t. Chairman Almquist said if the building plans show it situation exactly on the lot or can it just be the building no matter where it sits on the lot. Bob replied that if the Planning Commission makes a motion then they would have to submit a plan that conforms to that. He knows they are anxious to get underway. So he thinks that the Planning Commission should make their recommendations and have this move on. Bob Nicholson said if this was on St. George Blvd or Sunset you wouldn’t be looking at it. This is on the agenda to have buildings to look good on the freeway. MOTION: Commissioner Campbell made a motion for approval of a request for site plan and building elevation approval for a proposed ANB Bank within the I-15 right-of-way located on the west side of Convention Center Drive at approximately 1600 South, between Jack In The Box and the Fairfield Inn by Marriott. Mr. Russell Scott, applicant, with the following modifications that the site designer move the teller to the southwest to increase the stacking distance, the drive on the north side of the site be made a narrow one way and the drive on the south be made the two-way for parking. Staff looks into traffic situation to determine if the stacking is sufficient after those recommendations. Commissioner Taylor seconded the motion. All voted aye.Commissioner Clayton stepped down due to conflict of interest on the next item.PLANNING COMMISSIONJuly 12, 2005Page Twenty-OneHILLSIDE DEVELOPMENT PERMITConsider a request for a hillside development permit for a proposed subdivision located 2450 South and approximately 1400 East, south of Tamarack Ridge and west of River Crest Subdivision off of River Road. Mr. Korey Kinder, representative for Ence Homes. Case No. 2004-HS-002Mark Bradley said this hillside development permit is for a proposed residential development. The request made a year ago was for a town home development associated with a zone change. The zone change was tabled so the hillside plans were not considered at the time. Since that time, the applicant has decided to develop the site with the existing R-1-10 zoning.Mark said the Hillside Review Board recommends approval of the revised plans for a hillside development permit subject to: 1) landscaping and landscaping plan, 2) restoration bond in place prior to obtaining a grading permit, 3) obtaining a grading permit before any further work is done, 4) a 10-foot bench, and 5) a minimum of 30-40 trees (15 gallon/1 ½ caliper trees) planted on the bench with a drip system installed. Mark said these are the same conditions that were recommended a year ago. Mark said that is all he has unless the board would want him to continue on with their preliminary plat for this subdivision. Chairman Almquist said lets continue on with the preliminary plat.PRELIMINARY PLATSA. Consider a preliminary plat request for Desert Shadow at Painted Desert with 13 single-family lots located off 2450 South at approximately 1350 East. Mr. Korey Kinder, representative for Ence Homes. Case No. 2005-PP-028Mark said this goes along with Hillside item they just heard. This is to create a preliminary plat of 13 single-family residential lots. This site is located at the base of the Tamarack Ridge nestled between three subdivisions: Tamarack Ridge Estates, River Crest, and Painted Desert.Mark said the only recommendations staff has is, 1) subject to the hillside development permit conditions, 2) Lot 13 requires a minimum lot size of 10,000 sq. ft., 3) privacy wall setback shall be 10 ft. from sidewalk, and 4) establish a homeowners association to maintain the landscape strip (including street trees) along 2450 South Street.PLANNING COMMISSIONJuly 12, 2005Page Twenty-TwoChairman Almquist asked if the applicant had anything to add. Vince Clayton said all the conditions are fine.MOTION: Commissioner Stout made a motion to recommend to City Council approval of a request for a hillside development permit for a proposed subdivision located 2450 South and approximately 1400 East, south of Tamarack Ridge and west of River Crest Subdivision off of River Road. Mr. Korey Kinder, representative for Ence Homes, subject to the Hillside Review Board’s five conditions and they plant 40 trees. Commissioner Burks seconded the motion. All voted aye.MOTION: Commissioner Stout made a motion a preliminary plat request for Desert Shadow at Painted Desert with 13 single-family lots located off 2450 South at approximately 1350 East. Mr. Korey Kinder, representative for Ence Homes, subject to the four conditions on the staff report. Commissioner Burks seconded the motion. All voted aye.Commissioner Clayton returned to his seat on the Planning Commission Board.B. Consider a preliminary plat request for The Cliffs of Snow Canyon Plat H with 34 single-family lots located east of Snow Canyon Parkway at approximately 3052 North. Mr. Clive Winn, representative for Snow Cliffs Development, LC. Case No. 2005-PP-031Mark Bradley said this is in the southeast corner. They left out a lot as committed by Mr. Randy Deschamps until everything is resolved with that access issue. Mark explained the significant drainage issues with this site. Comply with hillside standards, applicant provided topography contours, staff recommended a 20 ft. setback and applicant has provided. Mark said the site received a hillside development permit on March 17, 2005. The following is the approval language: Approval of the plans accepting the revised plan for lots 207-209 with the stipulation that the buildings fit within the designated pad areas as taped off - site specific grading for each pad, contractors not encroach outside of the roadway, and use of the orange grid grading fence to protect the area to remain undisturbed.Mark said one of the comments from staff is that they comply with the Hillside standards just as a reinforcement. In the report it talks about the applicant’s would provide the staff with existing topography which they have showing the contours. Staff’s request is to have a 20 ft. setback from the top of the bank from where the dwelling will be, to help with the setback for erosion and other things. The Planning Commission needs to be comfortable with filling in the wash.PLANNING COMMISSIONJuly 12, 2005Page Twenty-ThreeRick Smith representing The Cliffs of Snow Canyon said they did all the calculations for the pipe size. He said they can put all the 100 year events through a 60 inch pipe. AGEC has given them erosion protection plans that they have done on Sand Hollow Wash. MOTION: Commissioner Stout made a motion to recommend to City Council approval of a preliminary plat request for The Cliffs of Snow Canyon Plat H with 34 single-family lots located east of Snow Canyon Parkway at approximately 3052 North. Mr. Clive Winn, representative for Snow Cliffs Development, LC., subject to staff’s recommendations. Commissioner Burks seconded the motion. All voted aye.MINOR SUBDIVISIONConsider a request for a minor subdivision with 3 lots (portion of Trendwest Resort) located within a Planned Development zone off of Plantations Drive. Mr. Jeff Chapman, applicant. Case No. 2005-MS-001Bob Nicholson said the applicant is not here tonight but they met with him and Deputy City Attorney Ron Read, and as he recalls, it was a financing issue. State law allows for a minor subdivision for 9 or few lots on an existing dedicated road. So that is what they are pursing on this 3 lot subdivision on Trendwest. Staff recommends approval on the stipulation to resolve a strip of land apparently between their property and the right-of-way. MOTION: Commissioner Burks made a motion to recommend to City Council approval of a request for a minor subdivision with 3 lots (portion of Trendwest Resort) located within a Planned Development zone off of Plantations Drive. Mr. Jeff Chapman, applicant, provided that staff’s comments are met. Commissioner Clayton seconded the motion. All voted aye.LOT SPLITConsider a request to divide a parcel of land (Lot 1, Mill Creek Commercial Center) into two parcels located at the northwest corner of 3050 East and 880 North intersection, north of Costco. White Hills LC, applicant. Case No. 2005-LS-005Ray Snyder said this is a routine lot split. This property is not within a recorded subdivision. If the lot split is approved the applicant shall sign the documents for the granting the easements. Staff recommends the following conditions be applied: 1) provide separate deeds for each parcel, 2) provide legal descriptions for each lot, 3) a utilities and drainage easement shall be completed, notarized, and recorded, and 4) the applicant shall submit for review all legal documents to the City Attorney’s Office.PLANNING COMMISSIONJuly 12, 2005Page Twenty-FourMOTION: Commissioner Stout made a motion to recommend to City Council approval of a request to divide a parcel of land (Lot 1, Mill Creek Commercial Center) into two parcels located at the northwest corner of 3050 East and 880 North intersection, north of Costco. White Hills LC, applicant, subject to the 4 conditions from staff. Commissioner Clayton seconded the motion. All voted aye.LOT FRONTAGE UPON A PRIVATE STREETConsider a request to build a home with the lot frontage upon a private street located east of SR 18 (U-18) at approximately 4200 North. Mr. Lee Snow, applicant. Case No. 2005-LF-001Bob Nicholson stated that Mr. Snow has 20 acres on north U-18. He is proposing to build on a private lane which requires Planning Commission approval. It is just one home. The applicant plans to pave the private lane (street) and there will be a fire hydrant required. Mr. Snow said he only has the right-of-way for the private road. He said the road is 12 ft. but he will put in a paved 25 ft. road. MOTION: Commissioner Taylor made a motion to approve a request to build a home with the lot frontage upon a private street located east of SR 18 (U-18) at approximately 4200 North. Mr. Lee Snow, applicant, with the understanding of that Mr. Snow has the responsibility for the paving that is required. Commissioner Stout seconded the motion.Deputy City Attorney Ron Read said he needs to review the easement. He also said they might be able to get less than 25 ft. if it meets ordinance. Commissioner Taylor and Commissioner Stout accepted that as part of their motion. All voted aye.SHARED PARKINGConsider a shared parking agreement request between Phoenix Plaza and the vacant lot adjacent to and immediately west of the Phoenix Plaza. Mr. and Mrs. Michael and Debra Robertson, applicant. Case No. 2005-SHP-002Ray Snyder presented this item. The applicant has purchased the empty lot next to the Phoenix Plaza. The main reason for this request is so they can add another restaurant. The applicant of Phoenix Plaza proposes to purchase the adjacent vacant lot, pave it, stripe it, and landscape it. The improved lot would have parking to support a future retail building plus additional spaces to allow a shared agreement with Phoenix Plaza.PLANNING COMMISSIONJuly 12, 2005Page Twenty-FiveCommissioner Burks asked where will the opening be for persons to get access into Phoenix Plaza? Ray showed how they can walk through an area. Commissioner Burks said he has looked at this area and he doesn’t see how this will work. Commissioner Burks said he would like to have the applicant here to address this concern.Commissioner Campbell asked does this additional parking count for the new building and the restaurant? Ray said Phoenix Plaza has just enough parking to support what they have now. If they have a space that is supported by retail and they change it to a restaurant then they don’t have enough parking. MOTION: Commissioner Clayton made a motion to table this item un...

...r. There are well fields located in the Gunlock area and Snow Canyon State Park. Spring water comes from the Mountain Springs on Pine Valley Mountain....

...hon is a beautiful route through the scenic landscape of Snow Canyon State Park. The course is USATF certified super fast downhill race. It is one of ...

...s to the age of the participants. These classes are presented at Tonaquint Park and Nature Center but can be brought to a classroom at your school. Additionally, home-school groups can coordinate classes with our staff to meet their specific needs.   Outdoor Education Program Topics A variety of topics can be presented by the TNC’s staff and volunteers. Below is a a current list of topics that are offered.   Topics 1.       Animal Biomes (Habitats) 2.       Beak Buffet (Bird Adaptations) 3.       Birds of Prey (Owls, Hawks and More) 4.       Desert Wildlife (live desert reptiles)*presented by Red Cliffs Desert Reserve 5.       Flutter Away (Butterfly Life Cycle) 6.       Garden Creatures (plants and critters of the garden) *presented by the Washington Co. Water Conservancy District 7.       Beak Buffet (Bird Adaptations) 8.       Million Year Old Picnic (Reuse and Recycle) 9.   Gurrr…. Utah’s Black Bear 10.   Wading in Wetlands 11.   Water Cycle 12.   You, Me and Trees 13.   Tennis is for Everyone (Physical Education)   How to Book a Field Trip Any educator may visit our website at https://www.sgcity.org/triprequest/ to book a field trip day for his/her classroom for FREE. A two (2) week notice is greatly appreciated due to calendaring issues.  However, please note when viewing the on-line calendar there are black-out dates. When requesting your field trip, please select your preferred topics, the number of attendees along with the day and time you prefer. Once your field trip request has been submitted, you will receive a confirmation or denial of your request.   Field Trip Set-Up In most cases, a large group is divided into smaller groups of 25 or less to accommodate the stations. An average school group of 100 is typically divided into 4 sub-groups of 25 students. Each sub-group then would rotate throughout 4 stations lasting approximately 25 minutes at each station.   Making the Most of Your Field Trip A field trip is an opportunity for students to link their classroom learning, knowledge and understanding of a subject with outside experiences. These extension activities make learning more relevant and memorable. Your students will get more out of the experience if you build what they learned into your curriculum. An ideal field trip begins with in-class lessons and experiments to prepare students for what they will experience in the field. Post field trip activities will further enhance the learning, knowledge, and understanding gained during the environmental experience. On our website, www.sgcityrec.org/tnc you will find the list of programs available. Please refer to this website to prepare your students in advance. Teacher Responsibilities: Please have your groups ready at the drop off point, with name tags visible, at Tonaquint Park’s main parking lot at the proper time. Prepare your students by reviewing program vocabulary. Let the students know ahead of time what to expect in their program. Explain the behavioral expectations. Encourage the students to listen to the presentations, keep their voices down and come willing to learn something new. Please maintain a “don’t touch” policy for the students unless the environmental educator has suggested it. Student Responsibilities: Follow the environmental educator’s instructions at all times. Stay with the group and on the paths at all times. Wear clothes that are comfortable and adequate for any weather changes. Please maintain a “don’t touch” policy unless the environmental educator has suggested it. Ask questions. Respect the environment. We are visitors in the home of others.  Chaperone Responsibilities: Know where the members of your group are at all times. Resolve any discipline issues. Assist participants who have an emergency. Make sure all members of the group follow staff rules. Participate in and show interest in the programs. Model proper behavior. Leave siblings or other children at home. Please turn off cell phones.                           Preparing For Your Field Trip Arrival: Please arrive on time. Delays may force cancellation or shortening of some programs. Buses should drop students off at the designated parking area at the park. Please assemble students in the pavilion next to the parking lot. Your students will be greeted by one of our educational staff. **Smaller groups will meet at the Tonaquint Nature Center. Cell Phones: While we recognize the importance of cell phones on-site, we request that all cell phones be silenced during program presentations and that all chaperones refrain from taking calls during the field trip. Discipline: The environmental educator is not responsible for discipline. Teacher and chaperone involvement is vital to a meaningful learning experience and student safety. Dismissal: Please have buses pick up students at the park’s main parking lot. After turning onto the park’s main entrance, follow the road until you see the parking lot next to the tennis courts. There is enough room for the bus to turn around. If your bus is going to wait, please ask the driver to turn off the bus. Bus emissions are harmful for the environment and students at the park. Dress: Students and chaperones must wear close-toed shoes. Long pants and long sleeves are preferred, even in warm weather. Dress appropriately for cooler weather as most activities are in the shaded tree areas. Failure to comply may result in participant exclusion. Grouping: Instructional groups of no more than 25 should be divided in advance; preferring prior to arrival. The adult to student ratio should be no less than 1:10. Inclimate Weather: The program will be cancelled in the case of heavy rain, and/or severe wind. Notification will be called into the school by 7:30- 8:00 on the morning of the trips. If class needs to be rescheduled, we will discuss potential dates with the teachers. Teachers may call Dawn Eide-Albrecht at (435)627-4573 with any questions. Insect Repellent/Sunscreen: You will be outside for the duration of your field trip. Spraying with insect repellent and/or sunscreen before your trip is recommended. Lunch: Groups have the option of using one of the picnic pavilions at the park. Cleaning up leftover lunch trash is an important part of the day. We ...

...our application.• Insurance is required for all events held at a City park or facility. • Please note that there is a daily permit fee of $75 (up to 300 people), to $150 (over 300 people) for all events. • Additional fees may apply for City Services provided to the event by the City of St. George. • All events hosted in City parks should make reservations online https://www.sgcity.org/parkreservations/ and confirm payment by calling 435-627-4530. Reservations must be secured in advance of submitting the special event application.  Useful phone numbers regarding permits that may be necessary for your event:• Food Handlers Permit: 435-986-2580• Large Tent approval: 435-627-4150• Park Reservations: 435-627-4530• Proof of Insurance clarification: 435-627-4605• Street Closure/Encroachment Permit: 435-627-4006• Temporary Sign/Banner Permit: 435-627-4712• Temporary Utah Sales Tax information: 801-297-6303    What is a Special Event? â€‹Chapter 10, Section 3-10-2:  Defines a "SPECIAL EVENT" as – A temporary event of any of the following or a combination of the following acts:A. Any athletic event, entertainment event, parade, carnival, circus, dance, musical event, rodeo event, fighting event, racing event, live shows, fairs, concerts, block parties, filming event, or outdoor sales event, whether held for-profit, nonprofit or charitable purposes held on private or public property within the city.B. Any organized assemblage at any public park, public square or other city property which gathers for a common purpose or event under the direction and control of a person or entity and which uses more services, amusement devices such as stages, inflatable devices or temporary structures, or equipment, whether provided by the 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 under this chapter: 1. A building that has a business located in it that has a current annual business license as an event business;2. A building with an assembly group classification under the International Building Code, as adopted by the city, so long as the event does not exceed the posted occupant load as approved by the city and has a current annual business license, if required; and3. A government-owned facility. D. For purposes of this chapter, city events are not special events, however, events sponsored by the city are special events.A permit is also required for: a. Closing a public street; b. Blocking or restriction of public property, limiting the use of parks by the general public, and streets; c. Offer of merchandise, food, or beverages on public property or on private property where otherwise prohibited by ordinance; d. Erection of a tent on public property, or on private property where otherwise prohibited by ordinance; e. Installation of a stage, bandshell, trailer, van, portable building, grandstand or bleachers on public property, or on private property where otherwise prohibited by ordinance; f. Placement of portable toilets on public property, or on private property where otherwise prohibited by ordinance; g. Placement of temporary "no parking" signs in a public right-of-way.   Special Event Application Process: 1. The event applicant must complete and submit a Special Event Application and COVID-19 Event Planning Template to the Special Event Coordinator (SEC). The Special Event Application can be retrieved from the city’s website or can be picked up at the city office, 175 East 200 North, St. George, UT 84770. 2. Reservation of City parks will be coordinated with a Parks Division representative, who will research the proposed dates/times on the park facility schedule to prevent conflicts with sports and other activities. Please allow at least 5 business days for this process. 3. A Parks Division representative will approve the location/date, collect the Park Reservation Fee, and issue a reservation contract. 4. SEC will review the application and determine if the event requires "Committee Review" or "Non-Committee Review": a. Committee Review: The Special Event Review Committee (SERC) must review the application and meet with the applicant during a SERC meeting. Meetings are held on the first Wednesday of each month. The agenda is prepared by the SEC.  b. Non-Committee Review: The SEC reviews the application and will contact the applicant to inform them of which review process will be required.  5. Fees: a.  Permit Fees are paid at the City of St. George Office - 175 East 200 North, St. George, UT 84770 b.  Park Reservation Fees are paid at the Parks Division Millcreek Facility - 390 North 3050 East, St. George, UT 847...

...s to the age of the participants. These classes are presented at Tonaquint Park and Nature Center but can be brought to a classroom at your school. Additionally, home-school groups can coordinate classes with our staff to meet their specific needs.   Outdoor Education Program Topics A variety of topics can be presented by the TNC’s staff and volunteers. Below is a a current list of topics that are offered.   Topics 1.       Animal Biomes (Habitats) 2.       Beak Buffet (Bird Adaptations) 3.       Birds of Prey (Owls, Hawks and More) 4.       Desert Wildlife (live desert reptiles)*presented by Red Cliffs Desert Reserve 5.       Flutter Away (Butterfly Life Cycle) 6.       Garden Creatures (plants and critters of the garden) *presented by the Washington Co. Water Conservancy District 7.       Beak Buffet (Bird Adaptations) 8.       Million Year Old Picnic (Reuse and Recycle) 9.   Gurrr…. Utah’s Black Bear 10.   Wading in Wetlands 11.   Water Cycle 12.   You, Me and Trees   13.   Tennis is for Everyone (Physical Education)   How to Book a Field Trip Any educator may visit our website at https://www.sgcity.org/triprequest/ to book a field trip day for his/her classroom for FREE. A two (2) week notice is greatly appreciated due to calendaring issues.  However, please note when viewing the on-line calendar there are black-out dates. When requesting your field trip, please select your preferred topics, the number of attendees along with the day and time you prefer. Once your field trip request has been submitted, you will receive a confirmation or denial of your request.   Field Trip Set-Up   In most cases, a large group is divided into smaller groups of 25 or less to accommodate the stations. An average school group of 100 is typically divided into 4 sub-groups of 25 students. Each sub-group then would rotate throughout 4 stations lasting approximately 25 minutes at each station.   Making the Most of Your Field Trip A field trip is an opportunity for students to link their classroom learning, knowledge and understanding of a subject with outside experiences. These extension activities make learning more relevant and memorable. Your students will get more out of the experience if you build what they learned into your curriculum. An ideal field trip begins with in-class lessons and experiments to prepare students for what they will experience in the field. Post field trip activities will further enhance the learning, knowledge, and understanding gained during the environmental experience. On our website, www.sgcityrec.org/tnc you will find the list of programs available. Please refer to this website to prepare your students in advance. Teacher Responsibilities: Please have your groups ready at the drop off point, with name tags visible, at Tonaquint Park’s main parking lot at the proper time. Prepare your students by reviewing program vocabulary. Let the students know ahead of time what to expect in their program. Explain the behavioral expectations. Encourage the students to listen to the presentations, keep their voices down and come willing to learn something new. Please maintain a “don’t touch” policy for the students unless the environmental educator has suggested it. Student Responsibilities: Follow the environmental educator’s instructions at all times. Stay with the group and on the paths at all times. Wear clothes that are comfortable and adequate for any weather changes. Please maintain a “don’t touch” policy unless the environmental educator has suggested it. Ask questions. Respect the environment. We are visitors in the home of others.  Chaperone Responsibilities: Know where the members of your group are at all times. Resolve any discipline issues. Assist participants who have an emergency. Make sure all members of the group follow staff rules. Participate in and show interest in the programs. Model proper behavior. Leave siblings or other children at home. Please turn off cell phones.                           Preparing For Your Field Trip Arrival: Please arrive on time. Delays may force cancellation or shortening of some programs. Buses should drop students off at the designated parking area at the park. Please assemble students in the pavilion next to the parking lot. Your students will be greeted by one of our educational staff. **Smaller groups will meet at the Tonaquint Nature Center. Cell Phones: While we recognize the importance of cell phones on-site, we request that all cell phones be silenced during program presentations and that all chaperones refrain from taking calls during the field trip. Discipline: The environmental educator is not responsible for discipline. Teacher and chaperone involvement is vital to a meaningful learning experience and student safety. Dismissal: Please have buses pick up students at the park’s main parking lot. After turning onto the park’s main entrance, follow the road until you see the parking lot next to the tennis courts. There is enough room for the bus to turn around. If your bus is going to wait, please ask the driver to turn off the bus. Bus emissions are harmful for the environment and students at the park. Dress: Students and chaperones must wear close-toed shoes. Long pants and long sleeves are preferred, even in warm weather. Dress appropriately for cooler weather as most activities are in the shaded tree areas. Failure to comply may result in participant exclusion. Grouping: Instructional groups of no more than 25 should be divided in advance; preferring prior to arrival. The adult to student ratio should be no less than 1:10. Inclimate Weather: The program will be cancelled in the case of heavy rain, and/or severe wind. Notification will be called into the school by 7:30- 8:00 on the morning of the trips. If class needs to be rescheduled, we will discuss potential dates with the teachers. Teachers may call Dawn Eide-Albrecht at (435)627-4573 with any questions. Insect Repellent/Sunscreen: You will be outside for the duration of your field trip. Spraying with insect repellent and/or sunscreen before your trip is recommended. Lunch: Groups have the option of using one of the picnic pavilions at the park. Cleaning up leftover lunch trash is an important part of the day. We ...

...stall a new sewer outfall line from the Green Valley area to the Tonaquint Park area. All affected property owners have agreed to their assessments, therefore a public hearing is not necessary. A motion was made by Councilmember Gardner to approve, by resolution, the creation of Special Improvement District 99-1, and authorize the City Engineer to prepare a notice to contractors for sealed bids. The motion was seconded by Councilmember Orton. A roll call vote was taken and all voted aye. SET PUBLIC HEARINGS: Associate Planner Jim McGuire advised that the Planning Commission, at its meeting held July 13, 1999, recommended that public hearings be scheduled for August 19, 1999 at 5:00 p.m. to consider a zone change from A-20 to A-1 on 7.26 acres located on the east side of Little Valley Road south of Seegmiller Drive, and to consider an amendment to the Zoning City Council Minutes July 22, 1999 Page Three Ordinance to add criteria for a residential facility for persons with a disability. A motion was made by Councilmember Gardner to set the public hearings as recommended by the Planning Commission. The motion was seconded by Councilmember Orton, and all voted aye. ROAD DEDICATION PLAT: Associate Planner Jim McGuire advised that the Planning Commission, at its meeting of July 13, 1999, recommended approval of the road dedication plat for Twin Lakes Road. A motion was made by Councilmember Allen to approve the road dedication plat. The motion was seconded by Councilmember Gardner, and all voted aye. ROAD DEDICATION PLAT: Associate Planner Jim McGuire advised that the Planning Commission, at its meeting held July 13, 1999, recommended approval of the road dedication plat for the Middleton Drive Extension. A motion was made by Councilmember Allen to approve the road dedication plat. The motion was seconded by Councilmember Gardner, and all voted aye. FINAL PLAT: Associate Planner Jim McGuire advised that the Planning Commission, at its meeting held July 13, 1999, recommended approval of the final plat for Dixie Downs Retirement Community Phase 1. Councilmember Gardner inquired if improvement of the roadway in front of the development would tie into Snow Canyon Parkway. City Manager Gary Esplin advised the developers will be required to improve their frontage, however, that frontage will not connect to Snow Canyon Parkway, as there is still a piece of property owned by School Trust Lands that will have to be improved in order to tie to Snow Canyon Parkway. Mr. Esplin advised he would speak with Ric McBriar of School Trust Lands to determine their position, however, the City has no control over School Trust Land?s timetable for development. A motion was made by Councilmember Gardner to approve the final plat for Dixie Downs Retirement Community Phase 1 and authorize the Mayor to sign the plat. The motion was seconded by Councilmember Orton, and all voted aye. CONDITIONAL USE PERMIT: Consider a request for an extension of a conditional use permit for a communications tower at the corner of Bluff Street and Sunset Blvd. Nextel, applicant. Associate Planner Jim McGuire advised the Planning Commission, at its meeting held July 13, 1999, recommended approval of an extension to a conditional use permit for a communications tower at the corner of Bluff Street and Sunset Blvd. The facility, including a trailer, is 8.5' x 14' with a 60' high tower. The original approval was for a temporary facility, but the applicants have not been able to find a permanent location. The Planning Commission recommended approval subject to a two year time limit. Councilmember Orton inquired if the City had heard from the property owners. The applicant advised the owners are willing to extend the lease on a month-to-month basis. City Council Minutes July 22, 1999 Page Four A motion to approve the conditional use permit subject to the recommendations of the Planning Commission was made by Councilmember Gardner. The motion was seconded by Councilmember Orton, and all voted aye. DISCUSSION RE CENTENNIAL PARK: Presentation from Mr. David Briseno regarding development of the Centennial Park between Pine View Middle School and the Panorama Elementary School. Mayor McArthur briefly reviewed the history of the planning of this park in cooperation with the Washington County School District, and the City?s intention to irrigate the park with water from the Sandberg Pond rather than using valuable culinary water or inferior well water. Mr. Briseno advised the majority of nearby residents want a traditional park with restrooms, not a nature trail and amphitheater. He advised that donations have been received from merchants, and funds raised by the Panorama PTA to purchase playground equipment for the park. He advised that water from the neighboring school systems could be used to water the park, but if the City is not going to develop the park soon, the sign should be taken down and the area fenced so it cannot continue to be used as a dump. Mayor McArthur agreed the area needed to be protected. Kent Perkins reviewed the history of the planning of Centennial Park, and explained the many problems experienced with the site such as lack of water, poor topsoil, etc. He advised that several neighborhood meetings were held with regard to the proposed park. The proposed park is located on School District property, and will be a joint project between the School District and City. However, the principals of the two neighboring schools have not come to agreement over what amenities should be provided at the park. At the time the park was originally approved by the School District and the City, it included trails, a natural area, and amphitheater. He stated that Mr. Briseno and the PTA?s ideas for the park conflict with what has already been approved and planned for the park based on past meetings. He advised that the City is still planning for the park and is currently working on engineering agreements and the project will soon be put out to bid. Mayor McArthur inquired of Mr. Perkins what steps could be taken to make the area safe as the planning process continues. Mr. Perkins advised that he did not feel comfortable grading the site or destroying native plants as a natural area is desired by the adjacent principals. Councilmember Gardner inquired if trees could be planted around the periphery of the park and watered with a drip system. Mr. Perkins advised it would be possible but the trees would have to be watered with culinary water, and this would involve approval by the Water and Power Department. City Manager Gary Esplin suggested that improvements to the park be defined, as there is obviously a disagreement between Mr. Briseno and the PTA and the school principals about what is wanted at the park. He advised that once that determination has been made, the park can be designed and bid out. Mr. Esplin advised that in his opinion the water issue would soon be resolved. City Council Minutes July 22, 1999 Page Five Mr. Briseno advised there is a nature trail at the 2450 East Park, and one is not needed at Centennial Park. He stated nearby residents also do not want bushes in Centennial Park. City Manager Gary Esplin advised the plan must be approved by the School District as it is their property, and the City does not have a right to do anything to or place anything on their property without their approval. He stated a joint written agreement was needed between the School District and the City. Councilmember Gardner commended Mr. Briseno on his efforts, and suggested that he and PTA members meet with the affected school principals to resolve the issue. The City could then proceed with planning the park if water is not going to be an issue. Teresa Midler, past president of the Panorama PTA, advised that Mr. Cottam, principal of Panorama Elementary, would not attend this meeting because the issue was not a school issue, and he did not want to be involved. City Manager Gary Esplin suggested that if the PTA can obtain a signed letter from both school principals or Superintendent Granger stating they have no preference for the park, the City will proceed with its planning. Mayor McArthur directed Kent Perkins to set a meeting to further discuss proposed amenities at the park and see if agreement can be reached. Kent Perkins advised he would invite interested residents and the affected principals to the meeting, and will report back at the next City Council meeting. ABATEMENT OF INTEREST AND PENALTIES IN SID ASSESSMENT: Consider a request from Mr. Michael Maclennan for abatement of interest and penalties for a special improvement district in the Graham Subdivision area. City Manager Gary Esplin explained that Mr. and Mrs. Michael Maclennan are trying to get a loan to build a home on the property in question, however, the amount owing on the SID is hampering their efforts to obtain a loan. The assessment on the property was originally $7,592.80, but 15 years of interest and penalties have accrued to now bring the total owing to $20,511.71. He advised the Maclennans are not disputing the original assessment. He explained there are were a few alternatives, including taking no action and allowing the assessment, interest and penalties to remain, or waive the actual interest and penalties that accrued after the end of the district in the amount of $4,696.21. He stated that justification could be made for this abatement based on the affordable housing program, and recognizing that this is the Maclennan?s first home. Councilmember Gardner commented that the assessment will continue to grow and eventually get so large that no one will ever be able to afford to build on the lot, and that it is better to collect a little rather than nothing. Mayor McArthur stated he was in favor of forgiving the interest and penalties which accrued after the closing date of the district. Councilmember Orton expressed concern that this may set a precedent. City Manager Gary Esplin responded that each future request for abatement will have to be evaluated on its own merits. City Council Minutes July 22, 1999 Page Six A motion was made by Councilmember Gardner to approve an abatement of interest and penalties in the amount of $4,696.21. The motion was seconded by Councilmember Allen, and all voted aye. TRANSFER FALCON CABLE FRANCHISE: Consider a request for approval of a transfer of control of the Falcon Cable TV franchise to Charter Communications. Rich Reniewicki, Regional Manager of Falcon Cable, advised that Falcon Cable wises to transfer its franchise to Charter Communications. This sale will bring many new and exciting things to cable in St. George. According to the terms of the franchise, authorization is needed from the City Council for this sale to take place. He advised that as discussed in a previous meeting with the City Council, a fibre system will be installed to improve picture quality, and commitments have been received to broadcast over this new system from KUTV, PAX, the CEC, and KSL. He advised that with regard to the CEC payment by Clear Vision Cable, he felt comfortable that the issue could be resolved, but it is an issue with Clear Vision, not Falcon. Mayor McArthur advised he received a telephone call from one of the owners of Clear Vision who assured him that all arrearage would be paid. City Manager Gary Esplin stated that Falcon has agreed to help with the audit of Clear Visions by furnishing the City with any materials it may have concerning the buy-out. Mayor McArthur commented that any time a cable company changes hands, there should be an audit, as that is a requirement of the franchise agreement. A motion was made by Councilmember Orton to approve transfer of control of Falcon Cable to Charter Communications. The motion was seconded by Councilmember Gardner, and all voted aye. DISCLAIMER OF INTEREST IN POWER EASEMENT: Consider approval of a disclaimer of interest for a power easement located north of the I-15 freeway in the Middleton area. City Manager Gary Esplin explained that many years ago an easement was granted by Mr. Frank Hawkes to the City for a power line. However, the easement was granted for an area extending north of the I-15 freeway, but the actual power line was installed on the south side of the I-15 freeway. There is also a question of whether Mr. Hawkes had the authority to grant the easement. It is now being requested that the City give up any interest it may have in the easement lying north of the I-15 freeway. Mr. Jeff Wilcox, representing Mr. Russ Gallian, stated that the disclaimer would reserve any easement rights the City may have to an existing power line and guy wires which terminate in the southwest corner of the property. Deputy City Attorney Ron Read advised the disclaimer would simply be relinquishing rights the City does not have anyway, and a reservation of easement rights in the disclaimer is not going to provide the City with any additional rights. Those easement rights can be obtained when the property is developed. City Manager Gary Esplin stated he was confident the City would be able to obtain an easement when the property is developed. A motion was made by Councilmember Gardner to approve the disclaimer of interest as requested. The motion was seconded by Councilmember Allen, and all voted aye. City Council Minutes July 22, 1999 Page Seven RECOMMENDATION RE SPEED LIMITS: Consider a recommendation from the City?s Traffic Division regarding speed limits for certain City streets. City Manager Gary Esplin read the recommendations submitted by the City?s Traffic Division. A motion was made by Councilmember Gardner to approve the speed limits as recommended by the City?s Traffic Division. The motion was seconded by Councilmember Allen, and all voted aye. Councilmember Allen commented she had received several telephone calls about the speed limit on Snow Canyon Parkway. City Engineer Dave Demas advised that when the Parkway is completed, another speed analysis will be done and it will be forwarded to the City Council for their action. PURCHASE OF CITY PROPERTY: Consider approval of an offer to purchase City property located at the site of the old sewer plant. City Manager Gary Esplin advised that the offer is for $1,700,000 for 8.5 acres of property. A survey has not yet been performed on the property, and the purchase price could be adjusted up or down based on the actual square footage. The terms of the offer include $50,000 earnest money, $650,000 at closing, with the balance of $1,000,000 paid within 12 months at 6% interest. The City will be responsible to provide a title policy and Phase 1 and 2 environmental surveys, and remediation of any environmental concerns. The buyer is also requesting the City use a certain geo tech consultant, but Mr. Esplin advised there are 4-5 qualified companies in the St. George area, and the City would like the opportunity to use a qualified firm based on proposals to be received. Mayor McArthur inquired about the payment of a real estate commission fee. Mr. Esplin responded that there would be no real estate commission fee, as the issue had been resolved. Councilmember Orton inquired if the earnest money was non-refundable. The purchaser, Dale Jones, responded that as long as the City met all the terms of the agreement, it was non-refundable. However, if the property could not pass EPA standards, the purchasers would request return of the earnest money. City Manager Gary Esplin advised that terms of the offer also include a requirement that an interest-bearing escrow account be set up for the earnest money. He explained that the City tried to sell the property through a listing with the Board of Realtors. Bids were opened in June with only one bid received for $1,000,000. He advised that a proposed street runs through the middle of the property which the City will vacate and make part of the available acreage. Mr. Dale Jones of Sandale Properties advised he and his partners are developing 13-15 acres of commercial property across the street from the City property. He advised that while not committing to anything, he hoped to do something to generate added income for the City while providing amenities for its residents. He advised he has signed a lease with a major movie theater to provide 12 theaters, one a large format Imax type. He stated his intent is to provide Class A retail space and to develop it as soon as possible. City Council Minutes July 22, 1999 Page Eight A motion was made by Councilmember Orton to accept the offer to purchase City property in the sum of $1,700,000 for 8.5 acres, with $50,000 non-refundable earnest money, $650,000 at closing, and the balance within one year at 6% interest, with the City?s responsibilities as outlined by City Manager Gary Esplin. The motion was seconded by Councilmember Gardner, and all voted aye. Deputy City Attorney Ron Read advised he had read the offer and found several clerical mistakes. He also advised that the non-refundable earnest money is being paid to the City to be held in an interest-bearing account to be returned to Mr. Jones if the City cannot meet all of its requirements. Mayor McArthur asked that the motion previously approved be amended to include the caveat that the purchase agreement be subject to the minor changes and correction of clerical errors as requested by the Deputy City Attorney. It was the consensus of the City Council to do so, and all voted aye. Councilmember Gardner stated that the City is a silent partner in all business ventures within the City, and he wished Mr. Jones well with his business venture. EXCHANGE OF PROPERTIES: Consider exchange of properties in the Southgate Golf Course area with Tonaquint, Inc. Gerry Brown, agent. City Manager Gary Esplin explained a minor land exchange is being requested between the City and Tonaquint, Inc. He explained that a few small parcels of property remained in the hands of Tonaquint, Inc. when the Southgate Golf Course was transferred which they cannot use and would like to exchange for one small parcel of property owned by the City. Both parties will benefit by the exchange, and the exchange will help to clean up several areas next to the golf course. A motion was made by Councilmember Gardner to approve the exchange of properties between the City and Tonaquint, Inc. The motion was seconded by Councilmember Orton, and all voted aye. LOCAL CONSENT/RESTAURANT LIQUOR LICENSE AND BEER LICENSE: Consider a request for approval of local consent for a restaurant liquor license and a beer license for Sunset Beach Restaurant located on Sunset Blvd. next to the Maverik store. Ronald James, applicant. City Manager Gary Esplin advised this item was tabled from a previous agenda because the original location was too close to a school and did not meet distance requirements of the City?s ordinance. Gary Kuhlmann, representing the applicant, advised his clients found a new location adjacent to the Maverik store on the corner of Dixie Downs and Sunset Blvd. which meets all distance requirements of the City?s ordinance. The upscale sit-down restaurant may contain 8,200 sq. ft. in a two story building with a water and beach feature. Proposed seating capacity is 500. A motion was made by Councilmember Orton to approve local consent for a restaurant liquor license and a beer license for the Sunset Beach Restaurant located on Sunset Blvd. next to the Maverik store. The motion was seconded by Councilmember Allen, and all voted aye. APPROVAL OF MINUTES: Consider approval of the minutes of the special City Council meeting held July 6, 1999. City Council Minutes July 22, 1999 Page Nine A motion was made by Councilmember Orton to approve the minutes as presented. The motion was seconded by Councilmember Gardner, and all voted aye. APPROVAL OF MINUTES: Consider approval of the minutes of the regular City Council meeting held July 8, 1999. A motion was made by Councilmember Orton to approve the minutes as amended. The motion was seconded by Councilmember Allen, and all voted aye. ADJOURN TO EXECUTIVE SESSION: A motion to adjourn to an executive session to discuss a possible property purchase was made by Councilmember Gardner. The motion was seconded by Councilmember Orton, and all voted aye. RECONVENE: A motion to reconvene was made by Councilmember Gardner. The motion was seconded by Councilmember Orton, and all voted aye. DISCUSSION RE CERTIFIED TAX LEVY: A discussion was held regarding the final certified tax rate for the City for fiscal year 1999-2000. After discussion, the City Council determined that based on the approved estimate of revenue for property taxes, the tax rate should be set at .001643 for the General Fund. The City Council then discussed the amount necessary for the rate to cover the debt service for the Parks and Recreation General Obligation Bonds. It was determined that the rate should be .000461. These rates, when added together, are less than the rates for fiscal year 1998-99. DISCUSSION RE MOSQUITO ABATEMENT: Councilmember Allen inquired about a mosquito abatement program. Mayor McArthur stated he was in favor of such a program, but it should be spearheaded by the County in a year-long program. City Manager Gary Esplin advised the City cannot locate anyone certified to spray, as no one can afford the liability insurance. He explained he informed Parks personnel that if the County will not participate, and the City can locate a certified sprayer, the City will spray within its own community along golf courses and parks. However, it is too late to spray this year and hopefully someone ca...

...OF CHANGE ORDERS: Consider approval of change orders for Cottonwood Cove Park (formerly Willow Run Park). Purchasing Manager Connie Hood explained that one of the change orders is for a sand volleyball court and related improvements in the amount of $35,664. The other change order is for installation of stairs and handrails at the climbing wall in the amount of $27,198.60, for a total of $62,862.70 with Precision Excavating. Mark Goble explained the completion date for Cottonwood Cove Park is the end of May. The playground equipment will have a space age look with lots of moveable parts and will be a great destination playground. City Manager Gary Esplin explained that a majority of the funding for the project was obtained through the efforts of Deanna Brklacich through the FEMA flood program. Park impact funds and capital project funds will also be used. Laura Taylor, Park Planning Manager, advised the Hidden Valley Park dedication is scheduled for February 29 at 4:00 p.m. The Sun River trail will be constructed this summer and is now in the design process. She advised that a dog park will be built at JC Snow Park. A neighborhood meeting was held about the Firehouse Park as well as with residents of the Knolls Subdivision on The Fields Phase 2. Splash pads are planned for Shadow Mountain Park and Cox Park for now, as well as Hidden Valley Park. She explained that the dog park in JC Snow Park will consist of one acre divided in half - one half for small and timid dogs and the other half for large dogs. Eight citizens have volunteered to sit on a committee to formulate rules for the dog park. City Manager Gary Esplin commented that the 2450 East Park is also being considered for a dog park. MOTION: A motion was made by Council Member Bunker to approve the change orders. SECOND: The motion was seconded by Council Member Almquist. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. AWARD OF BID: Consider award of bid for a climbing wall in Cottonwood Cove Park. Purchasing Manager Connie Hood advised two bids were received. She recommended award of the bid to Monolithic Sculptures in the amount of $67,550, which includes Alternate One. St. George City Council Minutes February 21, 2008 Page Two MOTION: A motion was made by Council Member Allen to award the bid as recommended. SECOND: The motion was seconded by Council Member Pike. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. AWARD OF BID: Consider award of bid for mega lugs and fittings for the Water Department. Purchasing Manager Connie Hood advised three local suppliers submitted bids. She recommended award of the yearly blanket to Scholzen Products, the lowest overall bidder, in the amount of $75,000, and to Ferguson Waterworks, the next lowest bidder, in the amount of $50,000. Ferguson will be used as a secondary source in case Scholzen does not have what the City needs. MOTION: A motion was made by Council Member Pike to award the bid as recommended. SECOND: The motion was seconded by Council Member Almquist. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. APPROVAL OF AGREEMENT: Consider approval of a cost sharing agreement with Quality Development for a water line to the replacement airport. City Manager Gary Esplin explained that Quality Development owns property by the new airport which it will develop some time in the future. The City is ready to bid for excavation at the new airport site and needs water for this purpose. It is proposed the City participate with Quality in installation of this water line in order to save $200,000. Water Services Director Barry Barnum advised the line begins where the canal crosses 3000 East and runs south ending where the small road to the airport begins to the base of the hill. The line is a 16" line. It will eventually extend through the airport and service a lot of the area to the south and east of the airport. MOTION: A motion was made by Council Member Bunker to approve the agreement. SECOND: The motion was seconded by Council Member Pike. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. AWARD OF BID: Consider award of bid to upgrade infrastructure in the Dixie Downs area. Purchasing Manager Connie Hood explained the bid was split up in order to get a better price. She recommended award of Schedule A to Red Canyon Contractors in the amount of $600,200,59, and award of Schedule B to JP Excavating in the amount of $63,500, for a total of $663,700.59. The project includes installation of new sewer lines, laterals and storm drains. City Manager Gary Esplin commented that CDBG funds are being used for purchase of materials for the project, but this will be a separate bid. Water Services Manager Barry Barnum explained that Red Canyon Contractors will install the new sewer lines and storm drains. JP Excavating will reroute the existing sewer laterals from behind the homes to the road to the new main line. These bids are for installation only. MOTION: A motion was made by Council Member Almquist to award the bid as recommended. SECOND: The motion was seconded by Council Member Shakespeare. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. RESOLUTION: Consider approval of a resolution abandoning a public utility and drainage easement which runs along the west side of Lot 7B in the Ft. Pierce Industrial Park. Mike Warren, applicant. City Manager Gary Esplin explained the applicant met with the joint utilities board to make sure that adequate provision for utilities has been made. Staff recommends approval. MOTION: A motion was made by Council Member Bunker to approve the resolution. SECOND: The motion was seconded by Council Member Almquist. VOTE: Mayor McArthur called for a roll call vote, as follows: St. George City Council Minutes February 21, 2008 Page Three Council Member Bunker - aye Council Member Almquist - aye Council Member Shakespeare - aye Council Member Pike - aye Council Member Allen - aye The vote was unanimous and the motion carried. RESOLUTION: Consider approval of a resolution authorizing and approving the absolute assignment and transfer of the City?s Payson Power Project Power Sales Contract, an absolute assignment agreement and related matters. This item was tabled. RESOLUTION: Consider approval of a resolution adopting an updated conservation plan. City Manager Gary Esplin commented that every five years the City is required to update its conservation plan. Conservation Coordinator Ren? Fleming explained the City has been aggressive in its water conservation efforts by developing several programs and partnerships. Residential water use has dropped 27% over the last five years. Conservation programs include a toilet replacement program, upgrading the City?s SCADA system to monitor the water tanks so they do not overflow, an appliance rebate program, and free lawn water audits. The City just received verbal notice that its proposed outdoor landscaping rebate program has been funded. Changes to the conservation plan include more specific goals and programs. Council Member Almquist inquired about policing of excess water use. Ms. Fleming replied that she investigates water waste complaints but does not issue tickets. Council Member Almquist inquired if the irrigation water in Bloomington is part of the City?s program. Ms. Fleming replied that daytime watering is targeted at culinary water. Council Member Almquist commented that it was the City?s intent to have a secondary water system for outside watering. City Manager Gary Esplin advised that the City is the manager of the Bloomington Water Company and owns a majority of the water shares. The goal is to have a secondary water source. The first area to have one will be south of River road and the Little Valley area. Council Member Almquist requested that Ms. Fleming investigate a water leak in the vacant lot behind the Lutheran Church in the Bloomington area. Ms. Fleming advised that citizens can obtain information about conservation on the City?s web page. Mayor McArthur advised that Ms. Fleming is also the conservation coordinator for power and anyone desiring information on conservation can contact Ms. Fleming. MOTION: A motion was made by Council Member Shakespeare to approve the resolution. SECOND The motion was seconded by Council Member Allen. VOTE: Mayor McArthur called for a roll call vote, as follows: Council Member Shakespeare - aye Council Member Allen - aye Council Member Pike - aye Council Member Almquist - aye Council Member Bunker - aye The vote was unanimous and the motion carried. St. George City Council Minutes February 21, 2008 Page Four RESOLUTION: Consider approval of a resolution authorizing a trade of land with the Utah State Parks Division to widen Red Hills Parkway. City Manager Gary Esplin explained the areas being traded and advised that it must be done on an equal basis and appraisals are needed. The City is trading for property needed to widen Red Hills Parkway. MOTION: A motion was made by Council Member Pike to approve the resolution. SECOND: The motion was seconded by Council Member Bunker. VOTE: Mayor McArthur called for a roll call vote, as follows: Council Member Pike - aye Council Member Bunker - aye Council Member Shakespeare - aye Council Member Allen - aye Council Member Almquist - aye The vote was unanimous and the motion carried. SPECIAL EVENT PERMIT: Consider approval of a special event permit for a sales tent. The Ledges, applicant. City Manager Gary Esplin explained there have been no issues when a sales tent has been used in the past. MOTION: A motion was made by Council Member Allen to approve the special event permit. SECOND: The motion was seconded by Council Member Pike. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. Council Member Almquist inquired if vehicles with advertising banners were legal. Community Development Director Bob Nicholson replied that signs on vehicles are allowed unless the vehicle is being used exclusively as a sign. HOMELAND SECURITY GRANT: Consider approval of the Articles of Agreement for the Homeland Security Grant Program for the St. George Bomb Squad. City Manager Gary Esplin explained the City has received funds in the past, and approval of the agreement will allow the City to obtain additional equipment and training through the grant. MOTION: A motion was made by Council Member Pike to approve the agreement. SECOND: The motion was seconded by Council Member Almquist. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. DOWN PAYMENT ASSISTANCE PROGRAM: Consider approval of proposals to help administer the Down Payment Assistance Program for people with low and moderate income. City Manager Gary Esplin explained the City sets aside funds each year to help those who qualify for this program in an amount up to $10,000. The homeowner is not required to pay this back until they sell the home. In the past Color Country Community Housing administered this program for the City. The City requested proposals, and it is recommended that the Five County Association of Governments be selected to administer this program. MOTION: A motion was made by Council Member Bunker to select the Five County Association of Governments to administer the City?s down payment assistance program. SECOND: The motion was seconded by Council Member Shakespeare. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. DOWNTOWN BUSINESS ALLIANCE: Consider approval of a proposal from the Downtown Business Alliance for downtown events. St. George City Council Minutes February 21, 2008 Page Five Marc Mortensen, Assistant to the City Manager, explained the Downtown Business Alliance is asking for nine things from the City at a cost of $58,710 to the City. Jerry Christensen, President of the Downtown Business Alliance, distributed a handout to the Mayor and City Council. Ed Wallace advised it is projected that 175,000 people will attend the events. Their budget is $145,000, with the City?s portion at one-third of that. The remainder will come from sponsorships and booth rentals. Mayor McArthur commented that while he was in favor of happenings in the downtown, the proposed amount is quite a cost to the City, and the City itself sponsors a number of events in the downtown. The City has had to cut its budget this year and he was not sure where the funds would come from. He stated the City has a lot of businesses, not just those in the downtown. City Manager Gary Esplin commented that the events seemed to be worthwhile, but his biggest concern is that the City does not have $35,000 in cash to contribute, unless the City Council wishes to change the priority of funds available. The bottom line is where the City Council wants to place its priorities and spend money. Mayor McArthur recommended that the matter be tabled for further study. Sandra Lenois commented that the first main event, a car show, is planned for April 12, and marketing for this event has already begun. Council Member Almquist inquired if marketing was already being done, why $5,000 is being requested from the City. Ms. Lenois replied the $5000 was needed for more marketing. Mr. Wallace advised the $5000 was also needed to enhance the car show. Council Member Bunker expressed concern that most of the things in the Downtown Business Alliance?s budget appear to be paid for by the City. Most grants from various organizations require the event itself to provide at least 75%of its funding from other sources and it appeared to her that the City was funding at least 90%. Ms. Lenois replied the City would be funding 33%. Mayor McArthur again suggested the matter be tabled for further study. Mr. Wallace requested that the first three events through June be funded. Council Member Bunker inquired if the City Council were to approve the first three events through June without allocating hard cash since it did not know where it would come from, if in-kind donations such as policing, garbage pick-up, street closure, etc. would be enough assistance from the City. Mr. Wallace replied that the in-kind donations were not significant compared to the hard cash. Mayor McArthur suggested that just the April event be funded at this time as more discussion is needed. City Manager Gary Esplin commented that if the City Council felt inclined to do so, the City could provide a maximum of $15,000 this budget year in sponsorship. He suggested that RDA funds might be able to be used, as well as funds set aside for finishing up other projects in the downtown. The City Council will have to consider this request during the budget process and how it fits into the rest of the priorities it has. Mayor McArthur commented he felt the donation of funds should go through another level of scrutiny, such as when the Arts Commission recommends allocation of funds to arts organizations. He inquired if the vendors would have to have business licenses. Mr. Wallace replied they would have to have temporary permits. St. George City Council Minutes February 21, 2008 Page Six Laura Woolsey, Business License Officer, replied the vendors will require sub-licenses and temporary sales tax numbers issued by the State of Utah. She advised that even businesses located within St. George will require sub-licenses if they are doing business off their licensed location. Council Member Almquist suggested that the City add a link to its website to the Downtown Business Alliance website. MOTION: A motion was made by Council Member Pike to approve a total of $15,000 until the end of the City?s budget year for however the Downtown Business Alliance would like to use it. SECOND: The motion was seconded by Council Member Bunker. Council Member Almquist advised he would like the applicants to come back to the City Council to show how the money was spent to make sure it was not all spent on one event. CLARIFICATION OF MOTION: Council Member Almquist inquired of Council Member Pike if his motion was that the $15,000 total included donation of both in-kind services and cash. Council Member Pike replied that it did. Council Member Bunker agreed this was also her understanding when she seconded the motion. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. Mayor McArthur invited several Scouts in the audience to introduce themselves. PUBLIC HEARING/ZONE CHANGE/ORDINANCE: Public hearing to consider a zone change request from R-1-6 and R-1-10 to PD Commercial on 3.87 acres located at approximately 2200 East Riverside Drive. Robert Anderson, applicant. City Planner Ray Snyder explained the project?s name is ?Office Park at Dinosaur Crossing? and consists of four identical two story buildings. From the front, however, the buildings will appear to be one story. No opposition to this project has been received. The Planning Commission recommends approval subject to the following conditions: 1. Elevations and colors shall match the submittal to the Planning Commission on January 22, 2008 and City Council on February 21, 2008. 2. A site plan review application shall be submitted to staff. 3. A photometric plan shall be provided. 4. Riverside Drive shall be widened to accommodate an 80' right of way. 5. Provide a right turn deceleration lane on Riverside Drive. 6. The driveway on 2200 East shall align with the existing access to the dinosaur museum. 7. A formal agreement approved that limits driveway access on Riverside Drive to right-in and right-out only when requested by the City. This requirement shall appear in the CC&Rs and recorded on the plat. 8. Show the striped center turning lane on Riverside Drive. 9. The applicant is responsible to notify future tenants of access restrictions. 10. Funds shall be placed in escrow to guarantee a restrictive island will be placed in Riverside Drive to inhibit left out traffic when requested by the City. 11. Signing and striping shall conform to City and MUTCD standards. Mr. Snyder advised the applicant is not providing a regional trail easement as the alignment of the trail has been moved off his property. Bob Anderson, applicant, advised they are green builders. He presented color renderings of the project and a materials board. He advised the building will provide ADA access at each entrance. Council Member Almquist inquired of the applicant if they would be participating in installation of a traffic signal. Mr. Anderson replied that one was not needed at this time, but they may participate upon recommendation of the City in the future. Council Member Bunker expressed appreciation to the applicant for working with the dinosaur museum on possible finds on the property to be developed. St. George City Council Minutes February 21, 2008 Page Seven Council Member Almquist inquired about the knuckle east of the museum as it sticks out further than the curb extension. Mr. Anderson advised the knuckle protrudes to the original right-of-way lane. Mayor McArthur opened the public hearing. There being no public comment, he closed the public hearing. MOTION: A motion was made by Council Member Bunker to approve the zone change by ordinance subject to the recommendations of the Planning Commission and staff. SECOND: The motion was seconded by Council Member Almquist. VOTE: Mayor McArthur called for a roll call vote, as follows: Council Member Bunker - aye Council Member Almquist - aye Council Member Pike - aye Council Member Shakespeare - aye Council Member Allen - aye The vote was unanimous and the motion carried. PUBLIC HEARING/ZONE CHANGE/ORDINANCE: Public hearing to consider a zone change request fron A-1 to RE-37.5 on 7.38 acres located at 3670 South Little Valley Road. Jim Raines, representative. City Planner John Willis advised that A-1 zoning surrounds this request. The General Plan identifies the area for equestrian estate use. The proposed zoning conforms to the General Plan and Little Valley Master Plan. The difference between A-1 zoning and RE-37.5 zoning is only 2500 sq. ft. RE-37.5 zoning has animal rights. The Planning Commission recommends approval. Council Member Shakespeare inquired about the width of Little Valley Road. Community Development Director Bob Nicholson replied that it is 66' wide, with two travel lanes and a center lane at the intersection. Jim Raines, Bush and Gudgell Engineering, explained the subject property is a remainder parcel in-between two subdivisions. The lots are 174' wide and do not have the depth required for the existing A-1 zone. Mayor McArthur opened the public hearing. There being no public comment, he closed the public hearing. Council Member Bunker inquired if this would set a precedent for other properties in the area. Mr. Nicholson replied that there are probably no other parcels squeezed in-between two existing subdivisions. MOTION: A motion was made by Council Member Pike to approve the zone change by ordinance. SECOND: The motion was seconded by Council Member Shakespeare. VOTE: Mayor McArthur called for a roll call vote, as follows: Council Member Pike - aye Council Member Shakespeare - aye Council Member Allen - aye Council Member Bunker - aye Council Member Almquist - aye The vote was unanimous and the motion carried. Mayor McArthur called for a brief break. Upon conclusion of the break, the meeting continued. PUBLIC HEARING/AMEND CITY CODE/ORDINANCE: Public hearing to consider amendments to Title 10, Chapters 5, 8, 7A, 7B, 7C, and 7D, St. George City Code, to define the circumstance in which churches would be a permitted use. St. George City Council Minutes February 21, 2008 Page Eight Community Development Director Bob Nicholson explained that a year ago the City made a number of changes to the zoning code, one of which was to make public schools and churches permitted uses in most residential zones. However, it was never staff?s intent to allow existing homes to be converted into churches in a subdivision. He then read the proposed ordinance language. Mayor McArthur opened the public hearing. There being no public comment, he closed the public hearing. MOTION: A motion was made by Council Member Allen to approve the ordinance. SECOND: The motion was seconded by Council Member Bunker. VOTE: Mayor McArthur called for a roll call vote, as follows: Council Member Allen - aye Council Member Bunker - aye Council Member Almquist - aye Council Member Pike - aye Council Member Shakespeare - aye The vote was unanimous and the motion carried. ORDINANCE: Consider approval of an ordinance changing the zone from A-1 to R-1-10 on 28.27 acres located at 2000 South on 3000 East, and consider approval of a development agreement for a density bonus. Judd Palmer, applicant. Mayor McArthur explained that a public hearing on this zone change was previously held and closed but the ordinance was not approved because the development agreement was not finalized. Community Development Director Bob Nicholson explained the applicant is proceeding under the density bonus ordinance. The project consists of 3.12 homes per acre, with public streets. The applicant is dedicating and improving a 4.26 acre park. He has been working with the adjacent property owner to line up streets between the two subdivisions. City Manager Gary Esplin expressed concern that the applicant, in the development agreement, proposes to develop the park in phase two of the project. He suggested the park property be dedicated in phase one. He stated the project is a good example of using the density bonus program to get increased density in exchange for a neighborhood park. Shawn Guzman advised that bonding is required in the agreement, but not until the second phase. Tim Frei, Premiere Design and Engineering, representing the applicant, stated he did not think the applicant would have a problem with dedicating the park in the first phase. City Manager Gary Esplin advised the matter can be brought back before the City Council if there is a problem with this. MOTION: A motion was made by Council Member Pike to approve the zone change by ordinance subject to approval of the development agreement and dedication of the park in the first phase. SECOND: The motion was seconded by Council Member Bunker. VOTE: Mayor McArthur called for a roll call vote, as follows: Council Member Pike - aye Council Member Bunker - aye Council Member Almquist - aye Council Member Allen - aye Council Member Shakespeare - aye The vote was unanimous and the motion carried. ORDINANCE: Consider approval of an ordinance amending Title 7, Chapter 1, St. George City Code, to incorporate the City?s access management policy. St. George City Council Minutes February 21, 2008 Page Nine This item was tabled. SET PUBLIC HEARING: Community Development Director Bob Nicholson advised that the Planning Commission, at its meeting held February 12, recommended that a public hearing be scheduled for March 6 to consider an amendment to Title 10, St. George City Code, to add a new Chapter 25 for landscaping standards and to amend several other sections. Council Member Pike inquired if input had been received from landscape architects in the community. Mr. Nicholson replied that the Parks Department has had a number of meetings with SUHBA. Council Member Almquist advised that this is middle ground compared to what other cities are doing, and while it does not go as far as some would like, it is a start. MOTION: A motion was made by Council Member Almquist to set the public hearing as recommended. SECOND: The motion was seconded by Council Member Allen. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. FINAL PLATS: Todd Jacobsen advised that the Planning Commission recommends approval of four final plats: Mall Drive Road Dedication, Morningside Drive and Riverside Drive Roadway Dedication, The Residences at Green Valley Town Homes Phase 1, and Vista Del Cielo. MOTION: A motion was made by Council Member Bunker to approve the final plats and authorize the Mayor to sign them. SECOND: The motion was seconded by Council Member Pike. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. REQUEST FOR REASONABLE ACCOMMODATION: Consider a request from TURN Community Services for a reasonable accommodation to allow a residential home for the disabled at 356 South 200 West in an R-1-8 zone. Community Development Director Bob Nicholson explained that TURN Community Services provides services to the mentally and physically handicapped. They propose to construct a home at 356 South 200 West for up to eight people. The City?s zoning code was modified to be consistent with state law, providing that facilities for the disabled shall be permitted uses in all residential zones. He then read a letter from TURN?s attorney requesting relief from three provisions in the City?s Code: (1) that the home be owned by one of the residents, (2) that TURN certify by affidavit that no person in the home would constitute a direct threat to others, and (3) that the home be separated by at least 1,000 feet from a similar facility. Mayor McArthur advised in his former neighborhood there was a disabled gentleman who went into people?s homes uninvited and caused alarm, and this type of behavior should be prevented. City Manager Gary Esplin replied that this would then have to be prohibited from happening anywhere in a residential area, and could not apply just to the disabled. The City cannot impose conditions upon the disabled it does not require on the community as a whole. Community Development Director Bob Nicholson advised that TURN is a non-profit group and titling property in the name of one resident would not be possible. City Manager Gary Esplin advised that several of the statements in the attorney?s letter suggesting that the City?s requirements are discriminatory in nature are just opinions, and the City does not suggest that it agrees with them. Mr. Nicholson advised that TURN is unaware of any similar facilities located within 1000' feet of their location. City Manager Gary Esplin advised that City staff supports TURN?s request, and suggested that the request be approved with the first two exemptions the applicant requests. City Attorney Shawn Guzman advised it is recognized that the handicapped generally cannot live alone so cities should look at making accommodations so they are able to live in a St. George City Council Minutes February 21, 2008 Page Ten neighborhood. However, the City must ask if this is a reasonable number considering the totality of the circumstances. Staff has looked at it and said it is a reasonable accommodation for this group. Mayor McArthur inquired how the residents would be screened. Jan Parke, representing TURN, advised that the State caseworker determines eligibility. She explained that a disability is separate from a mental illness. Generally the people they serve do not wander, they have child-like behavior, and have never been a problem to the police or neighborhoods. Eight residents is all the State allows. Staff will be on the premises 24 hours a day and there will never be less then two or three staff present at all times. The office will also be staffed 24 hours a day. Council Member Bunker inquired if a staff member would live on site. Ms. Parke replied there is a staff rotation, and if the residents are all away from the home, the staff will be also as they go wherever the residents go. Council Member Shakespeare commented she was glad that TURN changed its building design to resemble a home rather than apartments. City Attorney Shawn Guzman advised if the City Council is inclined to approve the request, he would recommend that approval be made specific for TURN Community Services and for the specific uses in their application. If TURN were to terminate their use, any new applicant would have to come before the City Council for approval. Ms. Parke advised that the home currently located on the property will be razed. MOTION: A motion was made by Council Member Bunker to approve the reasonable accommodation with the stipulation that approval is specific to TURN Community Services and the specific uses listed in their application, and if they terminate their use, any new applicant will have to come before the City Council for approval. SECOND: The motion was seconded by Council Member Shakespeare. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. CONDITIONAL USE PERMIT: Consider a request for a conditional use permit to operate a preschool for up to 12 children in a home at 805 Escalante Drive. Mrs. Sarah Kerr, applicant. City Planner Ray Snyder explained the preschool will be called ?ABC Academy?. The home is located in an R-1-10 zone. The applicant proposes 2.5 hour sessions, limited to ages three to five years old. The initial request is for two days a week in the morning, but she would like the City Council to consider in the future three morning classes and two afternoon classes. Two nearby residents have expressed opposition to the request. The HOA is not in opposition to the request. The Planning Commission recommends approval subject to the following conditions: 1. A maximum of 12 children. 2. A final fire inspection prior to operation and compliance with all Fire Dept. conditions. 3. Side gate shall be installed before operation. 4. The applicant shall work with the neighborhood to mitigate any drop off and pick up issues. 5. Outdoor play time shall be limited to 20 minutes per session. 6. Drop off and pick up times shall be staggered to reduce traffic. The applicant agrees with the conditions. He explained that there is a discrepancy between two City ordinances, and until this is mitigated, the applicant has agreed to start with only five children. Council Member Pike stated he did not like the 20 minute outdoor play time limitation and suggested it be removed. City Manager Gary Esplin advised that if a problem arises, the matter can always be brought back to the City Council. Council Member Shakespeare commented the reason the Planning Commission made this recommendation was because of noise. St. George City Council Minutes February 21, 2008 Page Eleven Sarah Kerr, applicant, advised that the comments in opposition are from people who live far enough away they would never hear the children. Council Member Bunker inquired of the applicant if she had to be licensed by the State. Ms. Kerr replied that she would have to be liecnsed if the sessions were over 2.5 hours. She does however, have a teaching credential and will be getting preschool insurance. She advised there would be two adults present at all times. MOTION: A motion was made by Council Member Pike to approve the conditional use permit, starting with five children until the ordinances are amended to not contradict each other, and then the applicant may have up to 12 children, and subject to the recommendations of the Planning Commission, but striking the outdoor play time limitation. SECOND: The motion was seconded by Council Member Bunker. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. CONDITIONAL USE PERMIT: Consider a request for a conditional use permit to construct a detached garage and hobby shop with a height up to 18 feet 6 inches located in the Pheasant Run Subdivision at 1298 W. Bloomington Drive #5. Mr. and Mrs. Crawford, applicants. City Planner Ray Snyder presented a new drawing of the project. He explained the property is zoned PD and the applicant wishes to construct the garage in the sideyard, which complies with the ordinance. The HOA for Pheasant Run has approved the request. The Planning Commission feels only the adjacent property owners would be affected, and the opposition is not from the adjacent property owners, and they would not be able to see the garage from their property in any event. The Planning Commission recommends approval subject to the following conditions: 1. Height is approved for 18'6" to the maximum roof peak. 2. Materials and colors shall match the existing building as approved by the HOA. 3. No future fixtures shall be added to constitute a second dwelling unit. 4. There shall be no commercial activity in the garage or workshop. Tad Border, general contractor for the applicants, introduced himself and inquired if the City Council had any questions for him. Council Member Allen inquired of staff if a bathroom was allowed in the new garage. Mr. Snyder replied that a bathroom is permitted, but the garage cannot be converted into a mother-in-law unit or second dwelling unit. MOTION: A motion was made by Council Member Almquist to approve the conditional use permit subject to the recommendations of the Planning Commission, and accepting the new drawing. SECOND: The motion was seconded by Council Member Pike. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. CONDITIONAL USE PERMIT: Consider a request for a conditional use permit to establish an indoor family entertainment center in the Millcreek Industrial Park (M-2 zone) at 314 North 3050 East #B1. Mike Tippits, applicant. City Planner Ray Snyder explained the Planning Commission determined that an indoor family entertainment center is similar to a recreational enterprise use which is a conditional use in an M-2 zone. He reviewed an overview of the business, hours of operation, and map of the site. He advised that there would be no food preparation on site. The applicant has a similar facility in northern Utah. The most common age using the facility is 6-14. Parents must sign a waiver for all children under 18. There will be three to four staff on site at all times. Occupancy will be determined by the Fire Department. There are 48 parking spaces which the Planning Commission feels is adequate. The Planning Commission recommends installation of speed bumps in the parking lot, safety signs, and a ratio of one staff member to every 20 chil...

...itestone Drive will extend to the west in a future phase.The memo from the Parks Department was included in the packet and Jay stated that they have satisfied Laura Taylor’s questions. MOTION: Commissioner Taylor made a motion to recommend approval for preliminary plat item 1. Commissioner Nobis seconded the motion. DISCUSSION: Commissioner Read asked what the completion percentage is of the Sun River project. Jay clarified that this was regarding the 4.2 acres and he then stated that there is an agreement in place and it depends on when the City wants to move forward with the park. Jay stated that # 3 in the memo is under SITLA’s control and not Sun River’s. Laura Taylor will be meeting with SITLA to clarify this.VOTING: All voted aye, motion passes. 2. FINAL PLATConsider approval of a final plat for “Findley Auto Center” a four (4) lot commercial subdivision. Located at 1400 South Sunland Drive. The property is zoned C-3 (General Commercial). Rosenberg Associates is the representative. Case No. 2009-FP-028.Jay Sandberg presented this request. He stated that 3 of the lots are developed and one lot is undeveloped. There are drainage easements along the easterly boundary. The City requests that they show all of this on a final plat.All aspects of this Final Plat were carefully looked at and reviewed by Planning Department staff, Development Services Department staff, and Legal Department staff and it meets all of the preliminary plat conditions and approvals.This Final Plat is ready for Planning Commission’s consideration for approval.Commissioner Read asked if the sewer issue is resolved now and Jay’s response is that it is.Commissioner Nobis asked about the owner dedication; he said the name does not appear within it. He wanted to be sure that the final actually has that in it under the owners dedication. MOTION: Commissioner Hullinger made a motion to approve item #2, subject to the wording of the owner dedication and authorize the Chairman to sign it. Commissioner Nobis seconded the motion. All voted aye, motion passes. 3. ZONING REGULATION AMENDMENT – PUBLIC HEARING (5:00 P.M.)Consider a zoning regulation amendment to Title 10 “Zoning Regulations,” Chapter 11 “manufacturing Zones,” Section 10-11-2 “Uses,” to add language to allow sales and repair of RV’s and boats in the M-2 zone. Mr. Rick Loghry applicant. Case No. 2010-ZRA-008.Ray Snyder presented this request and gave the Planning Commission some background regarding this request. Mr. Loghry and the property owner attended a PSR (Planning Staff Review) meeting on February 16, 2010. At that time staff discouraged the applicant from pursuing a zoning regulation amendment to permit RV and boat sales in any M-2 industrial zone. The applicant seeks an amendment to the zoning ordinance to allow a commercial business at 260 N 3050 E.Staff comments include the following: The change would apply to all M-2 property. The Millcreek Industrial Park was developed without sidewalk in front of the industrial properties. Sidewalks are a typical requirement in front of commercial zones. The City has limited industrial property in comparison to the available commercial property in the community. The purpose of the M-2 zone is to provide light manufacturing and fabrication of goods (see 10-11-1 (B).Ray stated the applicant is available for questions.Acting Chairman Bracken opened the hearing to the public.John Walter, with NAI Commercial real estate, came to the podium. He said he and Rick have worked together for a substantial amount of time to try and find a location for Rick to relocate his business. It is difficult to find other locations to start his RV Sales business. John stated that Rick is interested in expanding in the St. George area in an area where he can grown his business. John said the vacancy rate now for industrial space for this type of building is now over 25% and for the M-2 zone it is 28%. There is an inventory available and the use proposed should fit within this zone. Larry Scott, the property owner, came to the podium to give a history and background of this location. In 1993 they purchased the property from the City and it seemed like an ideal location for manufacturing and he had a manufacturing business at that time. There was little traffic on 3050 East and it was no problem if a semi had to back up to access their loading dock. 1994 they built a building designed for manufacturing with a bridge crane built within the structure. This property has been on the market for a year and a half and no one from manufacturing has approached him about renting the place. This vacancy has put a hardship on him and his wife. They just did some landscaping on the frontage and an unimproved portion of the property as was suggested by Bob Nicholson. Larry said he doesn’t think this building is desirable any longer as is so he is asking them to approve the zoning code change.No one else came forward, so the hearing was closed.Deputy City Attorney Paula Houston made some comments. She reminded the commissioners that this is a request to amend the language and uses in the zone. We do have economy issues and many people are having a hard time out there, but that is not a factor that should weigh in to the decision on whether or not this is an appropriate use in this zone. It may be a time to look whether this whole area needs to be rezoned to commercial if it really doesn’t fit manufacturing anymore. That may be something that needs to be considered. She said changing the uses in the manufacturing zone is a different issue. This usage does not meet the definition of what our purpose is for a manufacturing zone. That zone is for the light manufacturing and fabrication of goods and it is not for retail sales, including repairs and RV’s. That brings in foot traffic, children and people that we have no sidewalks for and no accommodations for. This presents liability issues for the City. We need to look at those compatibility issues on the uses that are allowed into this zone.Commissioner Read said he has comments after looking at how the ordinance is structured. He said we’ve got several other similar type usages such as building materials sales, construction sales, farm sales, rental equipment, landscape rock sales etc and they are permitted in the M-1 but they all are not permitted in M-2. He said if anything, he would go along with rezoning a portion of that area to an M1 and make this RV a permitted use in that to go along with other similar uses in M1, but that may not be appropriate to the M2 itself. Commissioner Taylor said the nature of that area has changed significantly with the opening up of traffic. He stated that traffic is an issue that makes it a little bit difficult to continue thinking of this as a manufacturing area. Moving manufacturing traffic around through that area is a bit of a challenge anyway. He questioned modifying the usage somewhat so traffic is not such a challenge. He stated that, on the other hand, we do have people in there that are doing manufacturing and want to maintain the manufacturing identity of that area. He would not like to see the whole area rezoned, but perhaps they should look at some spots in it as Commissioner Read described. John Walters came back to the podium. He said most of the uses in that area have other permitted uses such as a telemarketing center. He also said that a child day care shows under a conditional use, so he knows they have made some modifications or exceptions for that area. He said he is not sure if they are in the M1 or M 2 zone, but he knows that they have allowed go cart racing and Jumping Jacks for kids. The planners interjected that go cart racing and Jumping Jacks are located in the M-2 zone. John said maybe in the discussion, whether an entire change or transformation takes place in the M2 zone or not, if that is something the Planning Commission decides to review or investigate further, maybe in the meantime a use that is not completely different than some of the other uses in there, such as RV sales, may be a conditional use that they could be allowed to at least work in that zone during a time that a greater change for the M2 zone is looked at. Acting Chairman Bracken said that from what he is hearing it sounds like there are concerns in changing the zoning regulation because it affects all of those. It appears that this needs to be looked at from a little different angle and either look at it as a conditional use for this piece or look at rezoning a portion of it. It sounds like that may take some time to put that together. He said what we are looking at today is changing the zoning regulation and not the other two items.Commissioner Nobis asked if we have the option to table this and go back to try to determine the uses and try to determine the best uses for the future of that area, since we are changing the whole M-2 zone.Deputy City Attorney Paula Houston stated it could be tabled only if the applicant consents to it. She said otherwise you have to have a decision within 30 days.Commissioner Nobis said one of his reservations is that he doesn’t like to see conditional use for it, because when someone comes up with a plan like they have there is a lot of time, sweat and money involved. Commissioner Nobis went on to say that if we could get to the consensus where it is either permitted or not permitted, that is what he would prefer. He feels that they need to look at redoing the whole area because there are some spots that you could consider as M2 and some as M1.Acting Chairman Bracken asked if this is the only M-2 area we have in town.Bob Nicholson, Community Development Director responded that this is the only M2 area. Commissioner Nobis asked the applicants feeling on tabling this until the next Planning and Zoning Meeting or as long as it takes to look at it and determine the areas. Mr. Rick Loghry said if we can do it within 2 weeks .He said half of the season is already gone. He would like to get in and get going as soon as he can. He anticipates having five or six employees. If he has to wait longer very much longer, it would put him down to a slower start.Acting Chairman Bracken asked if this could be done within two weeks assuming we have a meeting in two weeks.Ray Snyder said there are two items and staff would be more supportive towards a zone change along that area. M1 seems more logical, but it would involve agreement of the other property owners along there. He said in terms of this zoning regulation amendment, staff needs more direction as to what you expect to happen in those two weeks. He said for us to go out and document each use, he would like to have more direction and get legal’s opinion also. Deputy City Attorney Paula Houston said if the applicant is not willing to consent, then you would need to make a vote as to whether you approve or deny. Deputy City Attorney Paula Houston wanted to point out that on their argument on the uses that are there in the M2, there are none that are similar to what they are doing. Tool design and repair is the closest, but that is manufacturing with repair as a part of that. She went on to say that the rest of that is in the M1 zone. The telemarketing is not the public coming in; it is a business that is being run there so you don’t have customers coming with their children and other people coming in and out of there. It is the same as other businesses. MOTION: Commissioner Nobis made a motion regarding item # 3 to deny the request. Commissioner Taylor seconded it. All voted aye, motion passes. 4. ZONE CHANGE REQUEST – PUBLIC HEARING (5:00 P.M.)A. Consider a zone change request for ‘The Commons at Little Valley’ from the A-1 (Agricultural 40,000 square foot minimum lot size) and RE-20 (Residential Estates 20,000 square foot minimum lot size) to PD-RES (Planned Development Residential) zone. The area consists of approximately 14.68 acres. The site is located on 3000 South (Horsemans Park Road) and Little Valley Road. Bush & Gudgell is the representative. Case No. 2010-ZC-002. Bob Nicholson presented this request by giving some background. In 2008 a similar rezone request was considered by the City for this property. That request was denied by the City Council due to various concerns including having private streets rather than public streets in the project. The revised project has public streets and private alley ways to the garages, and also a public street connecting to Horsemans Park Drive near the center of the development providing much better access than previously proposed. This project encompasses 14.58 acres and is located on 3000 South (Horseman Park Road) and Little Valley Road. The site is east of 2350 East Street (& the Little Valley Elementary School). This site is across the street from the new Sunrise Intermediate School.Photos were shown of the location. The current zone(s) are A-1 (Agriculture 1 acre minimum) and RE-20 (Residential Estates 20,000 square foot minimum).The General Plan is for M/HD (Medium-High Density, 7-10 du/acre) and MD (Medium Density 4-7 du/acre) according to the Little Valley General Plan adopted 3/1/07, which recognized that land near parks and schools was an appropriate area to accommodate increased density. Adjacent zones include the following:North: RE-12.5 & RE-20 (Intermediate School)West: A-1 (Little Valley Elementary School)South: RE-20East: A-1Bob stated that plan was not popular with everyone at that time. A lot of people did not agree with the plan that was adopted in 2007. We had public hearings and the Council at that time approved it, in spite of objections, thinking that was good planning. Since then a committee was formed (Little Valley Committee) to see if there was some major compromise and the committee was as divided as the community at large is.Photo’s of the first plan were shown. The current plan behind Commissioner Taylor was discussed. Bob stated that this project includes 88 units, with a density of 6.0 du / ac (88 / 14.58 = 6.0). Open Space is 6.53 acres (45%).Regarding Density Bonus: Title 10 Chapter 13 Article E “Density Bonus” applies to this zone request. The subject property is located within the Density Bonus Overlay Zone which covers most of the south one-third of the City and includes all of the Little Valley area. Under the program, additional density is achieved through the provision of parks, trails and open space. Density Factors include the following: Factor 1: Provide land; a minimum of 15% of the developable area must be set aside for parks, trails, or other open space in order to achieve a 25% density increase over the base of 2 du/acre. The applicant states that 2.99 acres (21% of the site) has been provided for this purpose and these photos were shown. Factor 2: Park improvements; the developer must improve the private park areas to achieve an additional 25% bonus increase. The applicant plans to make all the improvements to the private park areas.Factor 3: Additional enhancements; such as 1) additional or enhanced park amenities, or 2) additional or enhanced landscaping within the street right-of-way, or 3) attainable housing, or 4) provide land for civic uses such as fire station, etc, or 5) provide additional land area above the 15% minimum required. Compliance with one or more of these “Third Factors” results in an additional 15% (or 65% above the base) density increase. The applicant will dedicate and improve to city standards a 10’ wide public trail that runs along Horseman Park Drive (3000 South). This area is in addition to the 21% land area provided for park and courtyard amenities.To achieve the density proposed by the applicant (i.e., 6.0 du/acre) the applicant must demonstrate the following;1. Comply with the Little Valley General Plan Land Use designations.Response: This project does comply with the General Plan land use designations of MHD (7 – 10 DU) and MDR (4 – 7 DU). 2. Demonstrate that the three factors under the Density Bonus Overlay Zone are met.Response: This project complies with the three (3) density bonus factors. The base density is 2 DU/AC. With the 3 factors an increase of 65% or 3.3 DU/AC is achievable. 3. Demonstrate that “superior design” has been provided (In order to increase the density above 3.3 the applicant must show superior design) See the applicant’s narrative on “Superior Design”.Response: If superior design for the project and housing units is provided then the density of the MHD and MDR are achievable per Section 10-13E-4 (D); Medium or high density development, as defined in the city general plan, must have superior architectural design for all proposed dwelling units, as determined by the city council, upon recommendation from the planning commission. (Ord. 2008-02-009, 2-7-2008)Photos were shown and Bob said that the applicant will later comment. Bob said that the “green courts”, private park and community garden do provide a more innovative project design than typically seen. Also the attainable housing element near the two schools should help teachers and young families find affordable homes. The overall style proposed is called a “Craftsman or Prairie Style” home. The 88 detached single family homes will be one and two story homes with earth toned synthetic stucco and stone accent exteriors. Most of the homes are accessed by 20’or 25’wide private alleys and no driveways are proposed on Horseman Park Drive (3000 South) across from the intermediate school. The homes along the south property line are deeper lots with detached garages in the rear yard area with driveways accessing the public street. The “green court” or “courtyard” units are patterned after similar homes in the “Day Break” project in South Jordan, Utah according to the applicant. The applicant has provided a separate narrative describing the layout and architecture of the project.Homes along Horseman Park Drive will face a central green common area. There are four (4) common areas proposed along Horseman Park Drive with 9 homes surrounding the common area. Homes along the interior public street will have a narrow front setback in a typical ‘traditional’ or ‘new-urbanist’ neighborhood design. Homes must have a front porch and be elevated at least 18” above the sidewalk grade.There would be a small private park proposed along the east side of the project near Little Valley Road. This park will be improved by the developer and maintained by the HOA. Due to the large community park just to the northwest of this site, the applicant has relayed that a “tot lot” was felt to be most appropriate for this location. There is also a small “reading” park adjacent to lots 46 and 47. There is also a ‘Community Garden’ area planned for the southeast portion of the project.Twenty five feet (25’) and twenty foot (20’) wide private alley ways are proposed to serve most of the homes in the project. The alleys include a five foot (5’) setback to the garage.With the exception of the alley ways which are private and will be maintained by the HOA, all other streets are public and will have city maintenance provided typical of public streets.The design of this project eliminates privacy walls along Horseman Park Drive (3000 South). However a six foot masonry wall is required along the south property line.The applicant is negotiating with the City to purchase approximately 2 acres next to the Little Valley Elementary School and the property is currently shown as part of the overall project. According to the site plan there will be forty-six (46) guest parking spaces proposed throughout the project to accommodate guests. A “Community Garden” is proposed as part of the amenity package for residents within the project. A HOA (Home Owners Association) will be required. The HOA will be responsible for maintaining all common areas and also restricting the parking of vehicles in the proposed alleys. The applicant submitted a development agreement and it is being reviewed by the City Legal Department.Commissioner Taylor wanted to clarify that they are two car garages, and Bob Nicholson responded that was correct. Regarding Equestrian Separation: In the “Little Valley Sub Area Plan” Policy #10 “Buffer for Equestrian Subdivisions” located on page 10 reads: “Developments adjacent to the identified equestrian subdivisions shall provide a buffer zone that may include: road ROW, open space, equestrian / multi-use trails (see designations on Sub –area Plan), and / or be developed at a density of no greater than 1.25 du’s / acre. A minimum of 100 ft. separation is recommended between the existing equestrian subdivision property line and the nearest new residential structure. Property within a trail or open space easement dedicated for public use may be considered as part of the open space requirement. The 100 foot buffer refers to identified equestrian subdivisions and does not refer to scattered properties where horses may now exist.In the “Little Valley Sub Area Plan” Policy #21 “Existing Agricultural Conditions” located on page 11 reads: “It is recognized that there are many agricultural operations existing in the Little Valley – Washington Fields area and new residents should realize that certain farm related conditions such as odors, farm equipment on the road and occasional irrigation run-off are considered normal and acceptable conditions. The “right to farm” is considered inherent in the Plan area and agricultural operations should not be forced out due to nuisance complaints about odors or similar agricultural side effects.Commissioner Taylor asked where the 55 ft. public street will end. Bob clarified that it ends at the property line at this time and that there will be no access from the south. Bob said that is common practice in new subdivision.The residents who spoke in opposition to the project in 2008 voiced concerns about potential conflicts with current residents who have large animals and about the changing nature of the Little Valley area in general. The Little Valley Sub-Area Plan describes the reasons for the changing land use patterns in the area and the Planning Commission may want to re-read that section of the Plan.More photos of the area were shown.Bob turned the meeting over to the applicant. Jim Raines, Bush and Gudgell came to the podium and gave a history of the property. In 2006, Bonneville Builders came to them to discuss Fredonia Estates. They designed the subdivision and did the preliminary plat, submitted it to the City, Planning Commission and City Council. Bonneville Builders were asked not to proceed at that time due to the sub-area plan for Little Valley was being worked on. Bonneville Builders then waited for the sub- area plan. Bonneville Builders also worked with Vision Dixie. Jim said it is important to remember that this is a single family development. He said it should not be compared to an R-1-10 subdivision, because that is not what the General Plan directed Bonneville Builders to build. They came in with their plan. The neighbors came in and did not agree with the decision that City Council made. A committee was formed and now they have been at this for four years. They have designed the project numerous times. If you look at the old plan from 2008 and then compare it to the new plan, a circulation the City wanted was provided, the roads became public, and the lots across from the school now front the school. John from Bonneville Builders has taken up every recommendation by the City and they have modified their plans and have gone extra steps. John Fleming with Bonneville Builders came to the podium. He thanked Jim Raines for the historical background. John said this was four years in the making and is now a better project than was presented before. Vision Dixie principles were used. He can’t think of anything that they were suggested that they did not incorporate in this plan and that he went beyond the requirements. The density always comes up so he did an animation and all is to scale. A video was shown. He said there are many comparisons to Daybreak and these ideas have been adapted across the United States. John stated that he was involved in issues of urban sprawl 30 years ago.John stated that all of the parking will be in the rear of the homes, so the family living takes place in the front of the homes. All of the homes have private patios. John discussed “superior architecture”. He said this could have been townhomes and instead they went to single family homes at 6 homes per acre. He feels that this project is responsible planning allowing easy walking pedestrian access. He said it is smart, efficient land planning and complies with Vision Dixie. It is consistent with forward thinking planning throughout the United States and is what the General Plan and the Little Valley sub area Plan suggested.Commissioner Taylor said from the design, he feels the market is primarily to the younger age group. He asked what kind of accommodation is made for boats, 4 wheelers, etc, since they would not all fit in a two car garage.John responded that the market sector will be a younger market, however frequently seniors move in due to the security and he feels that perhaps 25% of the community will be seniors. He said only the homes with a driveway would have room to park a boat.Acting Chairman Bracken opened the hearing to the public after giving a small intro to what we are looking for and mentioned to please have no public clamor and to give us information that we haven’t heard before. Paul Gooch came to the podium. He said what is missing is that the neighbors were not taken into the equation. He said most are not here to argue against the type of development that he is doing, what they are arguing against where it’s going. Paul mentioned that they had their meeting about the Master Plan and the argument made over and over again is what right do we have to tell him who owns the property how he can develop. Paul said he wanted to take them back a few moments early when they listened to the prior request for RV business in his property and the Commissioners denied him due to the concern of the contiguous property owners and the type of use that was there, whether or not you had the blessing of the contiguous property owners. He said Vision Dixie has been invoked over and over again in this process and again tonight. He said if we are going to use that as a standard, then you can’t forget one of the principles in Vision Dixie is to preserve some of our agricultural use. He went on to say that there is nowhere left; you are driving a stake into the heart of the last corner of this City where you can preserve some agricultural use. The argument that they have is that it is not compatible. He said John is a nice guy, but he will be building the development and then leave and the community is left with the aftermath.Paul Iverson came to the podium. He said the committee did meet and there was one thing that everyone agreed on 100%. That was that there needs to be an ordinance, not a little deal on the plat, an actual ordinance that protects the rights of the agricultural use that says you can’t complain about dust, mud, etc. He said this was 100% and no where did he see anyone disagree with that. He asked where it is and how does that process get started.Acting Chairman Bracken asked Deputy City Attorney Paula Houston where we are on that and she responded that she didn’t know if they are working on it or not; that it has not come to her. Acting Chairman Bracken asked Bob Nicholson, Community Development Director, where we are on the ordinance to add these provisions about odors. H said Craig has prepared a draft.Deputy City Attorney Paula Houston said that now that they said that, Joseph is working on that because there were some changes for agriculture protection in the state law and he was doing the comparison on those.Acting Chairman Bracken said then that should go forward. Paul said the RE zone that Jim McArthur is in has a 50 ft. setback requirement that says he can’t have a corral within 50 ft. of a dwelling. Paul said if they build houses within 10 ft. of him, who is breaking the ordinance?Bob said this is a provision in the RE zone.Paul questioned if this limited his abilities to have animals and Bob responded no and Acting Chairman Bracken said he would be grandfathered in. Paul said Daybreak is being talked about and this is thousands of acres and is different from what we have here. Daybreak was a huge project and not 14 acres. Paul said he is hoping that the reason City Council denied this was because there was a petition with over 800 signatures gathered by a half dozen people on the spur of the moment. He hopes that the Commissioners will take into consideration the citizens and what the citizens want, not special interest groups and not City staff. He said the City government should be working for the citizens and not the other way around. Deputy City Attorney Paula Houston said looking at the code, it states no building or structure housing animals shall be constructed closer than 50 ft. to a dwelling unit. So they can build homes there without violating the ordinance but once those homes are built you wouldn’t be able to build additional animal structures or runs within 50 ft. of those homes. Paul said the citizens oppose the Master Plan and he asked if the people who are for the Master Plan sent emails like he was told they did, could those emails be seen by the public. He said this is just a thought. Jim Raines came to the podium to clarify that when Fredonia applied it paid the fees and was approved by the Planning Commission and the City Council tabled the project. It was a conscious decision; it was a decision by the City to not move the large lots forward.Jim McArthur came to the podium. He owns the property adjacent to the property they are talking about developing. He said the road that they are talking about going through there will cut through his property. He has horses and cows and likes the lifestyle he has. He doesn’t want to deal with a situation where this development would cause him to change his lifestyle or a successor if he ever did sell his house. He doesn’t plan to do this but he doesn’t want something grandfathered working for a piece of property that he owns and has owned for some time. He said he wants them to know first that he is not putting a road through, so don’t be holding your breath because it would be bad for them. He asked about the proposed commercial zone, if that is for the airport? He doesn’t want commercial out there. Acting Chairman Bracken stated that there are possible commercial spots for that in the future.Jim McArthur said that they enjoy the lifestyle they have and that is why they live there. He does not want to fear the liability from a child being hurt .He said if one of the smaller children get under his horses or into one of his cow pens, it isn’t worth a life. This whole thing is not worth a life. He said horses and cows are unpredictable. He sees that as a possible liability to him and he doesn’t want to be put in a position that a life could be affected. He said children are fast even when you keep an eye on them and he does not want this liability. He said the Commissioners could change that from happening by their vote tonight, because it is not worth a life.Lonnie Clark came to the podium. She is a Little Valley resident and she said this is like Ground Hog day with the same thing over and over again by slamming urban dwellers right up against animals. Her observation is that mankind has spent time trying to stay with themselves and smashing different lifestyles together will just result in tragedy and someone being pushed out. She is afraid that one group, the one she belongs to, will be pushed out of Little Valley. She thinks we are witnessing the collapse of our nation, if not civilization. In 2-5 years we will look back at this meeting and be stupidified about their silliness in carving up Little Valley. She said do we think people will be coming in droves to buy up this subdivision. She said the need for a community garden idea is the only thing they got right. She said the Commissioners need to help the people of this area hit the ground running in the very hard times that are coming. Tiffany Harris came to the podium. She is a Little Valley Resident. Her children raise three pigs and two lambs and they do not recognize a 100 ft. buffer zone. She said animals do get out, no matter how great you are at keeping your animals in. This is not compatible to the neighbors. This is a potential harm. Her children recognize what to do when animals band together, but you are putting a population next to agriculture that maybe does not understand the rules of agriculture and what could possibly happen. Kerry Bradley came to the podium. They have recently moved here from Whittier California. That city was built up with a bunch of houses and he always felt like he was in a cage there. There were fights at school and along the streets and no one could get along together. He said if we build this stuff over their agricultural land, that problem will arise as well. Kids at his school like to see the landscape and the agriculture and if they build this stuff, he knows that they too will start to feel bonded. He hopes theses homes won’t be built right away, because he enjoys being here and it wouldn’t be right to move from one place that is all populated to another place that starts to be populated again because that is the main reason they came to live here.Lorenzo Lot came to the podium. He lives on Little Valley Road across from the park. He said one of his concerns is that all of the lots on the side of the road where he is drain into his property. He said we have a 24 inch culvert that goes under that road and he asked how they will take care of all of that run off water. He stated that his next concern is how will they handle the transmission lines that run right through the middle of that property over there? How will you get access to it if something happens to it? He said the community looks great, but not the mix with what they have out there. He said many comments were made, and he has lived on a farm most of his life, and you can’t mix that type of dwellings and population with any type of animals out there. Someone is going to get hurt and it all starts right here.Greg Wagner came to the podium. He just heard about t his meeting and said he is a little disappointed. He has participated in the process four years or so, and on numerous occasions he has been asked to put his name and email address down so we could help provide input in these discussions. No one he talked to in the neighborhood who has also put their name down has ever received notice about any prior planning or meetings of that sort. He said he finds this frustrating that they are asked for their input and they are kind of ignored. He is a developer of affordable housing and has developed 16 sub-divisions over the last 12 years, in Iron County, Washington County and Mohave County Az . He said what he develops is affordable housing, but it doesn’t look feel like this does. He said he feels like he is in a box when he looks at the design. He said his projects are also 6 units per acre, so he is a little bit concerned about the design of that and how it feels when you walk onto his property vs. what you are seeing here. He thinks there is a need for this type of housing, and it is what he builds and it is his livelihood, but he doesn’t think this is the right spot. He knows there is a lot of places downtown where you can find a two acre parcel in the middle of town. He said what if he brought his horse, bought that property and fed the horse a certain type of food to kill the flies and has no smell, what would the neighbors do and would they have a problem with that? He doesn’t think this is the right spot. Parks and walking trails have been discussed tonight. He hasn’t seen parks or walking trails that are maintained by a home owners association that really looks that great. He knows the City takes care of their parks. He said where you have the tenants maintain the parks it looks terrible, so they have taken over maintaining the parks to ensure that they look good. His question is where you have two schools so close and 30-40 acres of ball diamonds and parks and schools, why not get rid of the parks in this development and spread those houses out more, give a less dense feel, provide for more parking and set those houses back from the street. People’s toys are a constant battle and it is almost impossible to get people to park to cars in their garage because they use half of it for storage. He asked if anyone is aware of a development built like this in town. Acting Chairman Bracken responded that this was the first one. Greg went on to say that he was in a similar one in Washington City and he said it is a nightmare trying to find a parking spot; a lot of the people have trucks. He asked how deep these garages are, the depth and the width. The response was 24-26 ft. deep, that he doesn’t have the design in front of him. Greg said that was an important question because he has been through so many properties that the garages are so short that you can’t fit cars in that people drive; that you can’t fit a standard pickup truck in that garage because it’s not big enough, so where are you going to park it? Greg suggested getting rid of the alleys, you could pull the houses back closer to each other, get them off the street and its going to feel more open. He said he was just talking to the PTA President of Little Valley Elementary School. They have two portable classrooms already and his question is with this kind of density and younger families, what are the plans for the future for the schools to house these children? Are we going to have to have more portables for classrooms, will sizes increase?Heidi Ludwig came to the podium. She has been a resident of Little Valley for 2 ½ years and said the reason we moved to Little Valley was because they looked every place in St. George to house their horses and there is no other place in St. George to house your animals. They moved from Star Valley Wyoming, so obviously we love our horses and want them with us. One thing she has not heard anybody talk about is the children. If you put in a development like this you will inevitably get an influx of children. This means you will also get an influx of teenagers, which means you will get an influx of cars and where will they park these cars? She said he has 44 extra parking spots for visitors. She said she has many friends her age with teenagers and they get $500 cars and they need a place to park. She said don’t talk about the toys, talk about the cars that they will be driving. Children will be crossing those streets. Once the developer pulls out the junk will come in the garage and the cars will go on the streets and inevitably a child will get killed and who is going to take responsibility for that happening. The children have a right to play and be safe. No matter how hard you try, you are not going to keep them off of the streets. There’s a beautiful park across the street and balls are going to come rolling out. The more cars you get, the more danger there is and in a complex like this it is going to happen. She knows families that are affected by having dead children because of it. She said there is responsibility on the families and she understands that, but you are asking for this to happen by putting a project like this there. She said no where in St. George do you guys give farmers any room. She said we have it here and you want to take it away from us. It was brought up that I could not take her horses into St. George and ask them to rezone, but there is no way you would do that for her. She can say 100% positively that you will not rezone in the middle of an organization like that and let her bring her horses, and yet you want to take this away from us. She asks, begs for them, to please consider that before you do that to us. We need some place to live and this is the only place you have given us. Dan Clark, a Little Valley resident, came to the podium. He said looking at the plans, he has seen no internal lighting, street lights and things like that. He also asked if a traffic study has been done on this project.Jim Raines responded that the preliminary traffic study required for the zone change has been done. A more detailed traffic study will be done as it moves to subdivision. Dan Clark said you should deny this, because where is the street light going to go? He said you are talking about 88 units, how many people are going to live in there and they haven’t done a proper traffic study to determine the flow of the people internally. He said they haven’t done their due diligence on that part of it, so he would say to deny that. He said also you see all these people here and he asked how many live in Little Valley and object to this development. He asked if he could have them stand up just to give a representation. He said so there you have it, his motion is denied and he asked if anyone is to second it. He said there need to be a better study done on this before it gets approved. He said there has to be street lights put in place on Little Valley Road to accommodate the traffic flow. Mindy Suttner, a Little Valley resident came to the podium. She said she lives right across the street from this proposed subdivision. She said she would like to say to Mr. Fleming that this looks good and she can tell he has put a lot of effort, time and money into this, but unfortunately she feels like its putting a whale shark in a farm pond, it doesn’t belongs there. A few concerns for her are the parks right across from this subdivision and the cement pond across from th...

Times of Summer 2020 4-7 Year Olds              8:30-9:30 am 8-10 Year Olds            9:30-10:

...? Tonaquint Nature Center. The facility is on the north end of Tonaquint Park.

...ional services contract with Carter Burgess for engineering for the Mathis Park rebuild. Purchasing Manager Connie Hood recommended approval of a contract with Carter Burgess in the amount of $37,220 for design services. City Manager Gary Esplin explained that before this project could move forward, FEMA had to authorize the process to rebuild the park which it has now done. MOTION: A motion was made by Council Member Whatcott to award the contract to Carter Burgess. SECOND: The motion was seconded by Council Member Orton. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. AWARD OF BID: Consider award of bid for the purchase of pavilions for the Middleton Park and Dixie Downs Park. Purchasing Manager Connie Hood advised that five bids were received. She recommended award of the bid, based on best design and price, to Sonntag Recreation in the amount of $25,585. MOTION: A motion was made by Council Member Gardner to award the bid to Sonntag Recreation in the amount of $25,585. St. George City Council Minutes November 16, 2006 Page Three SECOND: The motion was seconded by Council Member Allen. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. City Manager Gary Esplin explained that this project is a result of the CAT program and CDBG funds can be used because these areas qualify for the funding. This is the first portion of a plan to renovate the parks. APPROVAL OF CONTRACT: Consider approval of a UDOT cooperative agreement for design of the Valley View bridge. Purchasing Manager Connie Hood explained that the City?s portion of the project is $210,146.67. City Manager Gary Esplin explained that at the time of the flood, this bridge was high enough on the federal funding list for replacement. Due to a new federal law, Utah lost a significant portion of funding for bridges, and this bridge was taken off of the list. The City now has a temporary bridge in place with no funding to restore it. The City does, however, have funds for planning. Staff?s recommendation is to go ahead with design of the bridge in case someone else?s project does not go through and the City could then step up and use those funds to do the project. MOTION: A motion was made by Council Member Allen 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. APPROVAL OF CONTRACT: Consider approval of a professional services agreement with Sunrise Engineering to design the Snow Park frontage road, traffic signal and detention basin. Purchasing Manager Connie Hood recommended approval of the contract in the amount of $90,400. City Manager Gary Esplin explained that this road will begin by the Fiesta Fun Center and go along the freeway non-access fence and connect with 400 East. It has been on the master road plan for quite a while. The City has been waiting for developers to develop adjacent vacant property in order to share costs of the project. Staff recommends that the design of the road be done in order to figure out how to fund the project. This road will take a significant amount of traffic off 700 South and provide an alternate route through this area. A decision will have to be made whether to pay for it entirely, or wait for adjacent property owners to develop their property. Council Member Orton inquired if all necessary rights-of-way had been obtained. City Manager Gary Esplin replied that the City is still working on rights-of-way past the care center area. Council Member Whatcott inquired if the road past Dixie Middle School could be designed as part of this project. City Manager Gary Esplin replied that the overall long term plan might change since the seminary is being moved. While connection of the road past Dixie Middle School may now be possible, it is not part of this design contract. Council Member Gardner commented that it made sense to secure all the rights-of-way before spending any money. City Manager Gary Esplin replied that OK Kids indicated it would work with the City, and the City can always condemn the needed right-of-way if it has to. St. George City Council Minutes November 16, 2006 Page Four MOTION: A motion was made by Council Member Gardner to approve the contract. SECOND: The motion was seconded by Council Member Whatcott. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. APPROVAL OF CONTRACT: Consider approval of a professional services agreement with McNeil Engineering to design the Commerce Drive (4150 South) road improvement project. Purchasing Manager Connie Hood recommended approval of a contract with McNeil Engineering in the amount of $21,500. Council Member Orton inquired if the cost of this road was being shared with the developers of the Ft. Pierce Industrial Park. City Manager Gary Esplin replied that this road is in front of the armory and Western Rock. The City is also trying to pull in SunRoc and one other property owner to work together to cut down dust. All property owners are paying their fair share, and the armory has indicated that they are willing to cooperate. Mayor McArthur commented that during his meeting with the Governor, the Governor said he would try and get funding for the project. City Manager Gary Esplin commented that staff would like to get the engineering for the project done and move forward with design. Council Member Allen inquired if the road would be totally finished and landscaped. City Manager Gary Esplin replied the road would be black-topped, but he did not know about landscaping. MOTION: A motion was made by Council Member Orton 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. AWARD OF BID: Consider award of bid for two ? ton pickups for the Water Services Department. Purchasing Manager Connie Hood recommended award of the bid to the low bidder, Ken Garff Ford, under the state contract in the amount of $27,221. St. George Ford was given the opportunity to match the low bid, but declined. MOTION: A motion was made by Council Member Whatcott to award the bid to the low bidder, Ken Garff Ford, in the amount of $27,221. SECOND: The motion was seconded by Council Member Orton. Council Member Bunker inquired if all the vehicles needed for the different departments were bid as one package. Ms. Hood replied they are bid as one package, then separated by department. City Manager Gary Esplin explained that the state contract is huge and therefore so is the discount so it is difficult for local dealers to match the bid. 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. St. George City Council Minutes November 16, 2006 Page Five Purchasing Manager Connie Hood advised that four bids were received. She recommended award of the bid to the low bidder, Western Rock, in an amount not to exceed $75,000 for the year. The Streets Department will use Western Rock whenever possible, but if they have small jobs and Western Rock is not available, they will use the next lowest bidder. MOTION: A motion was made by Council Member Gardner to award the bid to Western Rock in an amount not to exceed $75,000 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 a 2007 chassis/cab 10 wheel with pusher axle for the Water Services Department. Purchasing Manager Connie Hood recommended purchase off the State contract with Lake City International in the amount of $98,752.56. They have a repair facility in St. George. MOTION: A motion was made by Council Member Orton to award the bid to Lake City International in the amount of $98,752.56. SECOND: The motion was seconded by Council Member Whatcott. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. AWARD OF BID: Consider award of bid for a Tractor 10 wheel chassis/cab for the Wastewater Treatment Plant. Purchasing Manager Connie Hood recommended purchase through the State contract with Lake City International in the amount of $98,226.16. City Manager Gary Esplin explained that this chassis/cab and the one awarded just previous to this item are for different departments and because they are used every day, they cannot be shared between the departments. MOTION: A motion was made by Council Member Gardner to award the bid to Lake City International in the amount of $98,226.16. 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 a 2007 10 wheel chassis/cab to mount a VACCON sewer combo machine for the Wastewater Collections Division. Purchasing Manager Connie Hood recommended purchase off the State contract with Lake City International in the amount of $87,318.56. MOTION: A motion was made by Council Member Whatcott to award the bid to Lake City International in the amount of $87,318.56. SECOND: The motion was seconded by Council Member Orton. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. Council Member Whatcott commented that the City Council approved purchase of these items as part of the budget process. AWARD OF BID: Consider award of bid for concrete and asphalt cutting for the Streets, Water and Wastewater Divisions. St. George City Council Minutes November 16, 2006 Page Six Purchasing Manager Connie Hood advised that bids were received from two vendors. Both bidders have had blanket orders with the City for the past three years. She recommended award of the bid to the low bidder, Trueline, in an amount not to exceed $40,000 for the year. If Trueline is unavailable, Quick Cut will be used. MOTION: A motion was made by Council Member Orton to award the bid to Trueline in an amount not to exceed $40,000 for the year. Ms. Hood explained that it is more cost effective to bid out this service than perform it in-house. Last year Quick Cut was the low bidder, but both companies were used. 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 to perform maintenance on Clarifier 2 at the Wastewater Treatment Plant. This item as tabled. APPROVE CONTRACT: Consider approval of an amendment to the existing Operations and Maintenance Agreement with General Electric International, Inc. Purchasing Manager Connie Hood explained that there is no cost change to the existing contract, just an allocation of hours and billing rate. MOTION: A motion was made by Council Member Whatcott to approve the amendment to the contract. 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 five F-150 pickups for the Police Department. Purchasing Manager Connie Hood recommended award of the bid to Ken Garff Ford through the State contract in the amount of $130,760.75. St. George Ford was given the chance to match the low bid, but declined. City Manager Gary Esplin explained that one truck will be used for undercover work, one will be used by the Communications Center, and three will be used by the Bike Division. Council Member Allen commented that trucks hold their value better than cars. MOTION: A motion was made by Council Member Gardner to award the bid to Ken Garff Ford in the amount of $130,760.75. SECOND: The motion was seconded by Council Member Bunker. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. BEER LICENSE/LOCAL CONSENT: Consider approval of an on-premise beer license and local consent for a full service restaurant liquor license. Sheila Brown, Texas Roadhouse, applicant. City Manager Gary Esplin explained that the restaurant is located at 2654 E. Red Cliffs Drive and the application meets all City requirements. MOTION: A motion was made by Council Member Orton to approve the license and local consent. 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 November 16, 2006 Page Seven PUBLIC HEARING/PRELIMINARY PLAT: Public hearing to consider approval of the preliminary plat for The Trails Phase 1 located on the east side of U-18 at 3600 North. Stacy Young, Quality Development, applicant. Project Engineer Kathy Hasfurther explained that the project will consist of an overpass off U-18, but no roundabouts. A park will be built in the initial phase of the project. Staff?s concern is with UDOT and the time it takes them to build the overpass and interchanges as the physical right-of-way is not determined until they are built. The developer is working with the City?s Parks Department to build the park to City requirements. All of the project will have to be served by a sewer lift station. Mayor McArthur opened the public hearing. There being no public comment, he closed the public hearing. MOTION: A motion was made by Council Member Bunker to approve the 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. PUBLIC HEARING/ZONE CHANGE/ORDINANCE: Public hearing to consider approval of a zone change from R-1-10 and OS to PD Residential on property located west of Pioneer Road adjacent to the Calvary Church. Steve Wilson, applicant. Community Development Director Bob Nicholson explained that this item was tabled from the November 2 City Council meeting. Colored renderings have been supplied to the Mayor and Council. The applicant has met with owner of property in the river flood plain about access and feels the issue has been resolved. The plan is to accommodate his access needs with a gate and key. Another item raised at the last meeting was housing affordability, and the applicant has set aside nine lots and will charge $180,000 for these homes and lots. The project is 52.6 acres and is currently zoned R-1-10 with a density of 168 homes. The applicant proposes 193 homes. In addition, the applicant will provide a sewer easement along the edge of the project to allow for gravity flow and removal of a sewer pump station. The applicant will provide a neighborhood park. A City trail will be built over the sewer easement. The developer has committed to building the park and trail. Mr. Nicholson explained that access to the lots in the river flood plain would be accessed perpendicular to the trail along the main sewer trunk line on the road to access the manholes. The proposed trail is part of the City?s trail system. He explained that current legislation limited a city?s ability to condemn for a trail easement. Council Member Whatcott commented that this trail is over a sewer line which the City can condemn for. He commented that the sewer line and trail would go in no matter what happened with this property, and nothing extra from the developer is being given that has not already been planned by the City to be there. Mr. Nicholson replied that the developer has offered to build a neighborhood park. Council Member Orton inquired of Mr. Nicholson if he felt nine lots for affordable housing was enough given the fact that the developer is asking for a PD. Mr. Nicholson replied that the proposal has lots ranging from 5,000 sq. ft. to 15,000 sq. ft., and the applicant?s theory for affordable housing is based on the market approach. Smaller lots with smaller homes will be less costly. He advised that the applicant told him that if the City develops some type of program to limit equity by creating longer term restrictions to maintain affordability, he will be glad to work with the City or the Housing Authority. However, right now he is relying on the market approach. St. George City Council Minutes November 16, 2006 Page Eight Council Member Orton commented that the City Council has told staff that the market approach will no longer suffice. He suggested 20% of the lots should be for affordable housing with the developer getting $40,000 per affordable housing lot which the City can turn over to the Housing Authority. The lots can be randomly selected and this can be a win-win for everyone. He stated he felt bad that the City Council had not had an opportunity to approve an affordable housing plan after talking about it for nine months. Mr. Nicholson replied that the County has a workforce housing committee which is conducting an analysis and will have recommendations before the end of the year. Council Member Orton commented that if the City Council did not start now, it would be giving additional density and gaining nothing. He expressed disappointment that this item was back on the City Council agenda without an opportunity to meet with staff, and he felt nine lots for affordable housing was not enough. Council Member Allen advised that she was a member of the County?s workforce housing committee, and it would not even be meeting again until January or February. Council Member Whatcott commented that the City Council and staff have been talking about this issue since January and still have not been able to move anywhere. He stated he agreed with Council Member Orton that for this item to come before the City Council and ask for more density without giving anything back to workforce housing is, in his opinion, a slap in the face. He stated he hoped the applicant would be bringing more to the table than he did last time. Steve Wilson, applicant, stated he was stunned and felt he was giving up something. He is providing two to three acres of ground at market value on the river for an easement, and he is going to pay for the trail and park. He stated he can go back to an R-1-10 zoning designation without providing any affordable housing or park and charge the City for the ground. Mayor McArthur inquired of the applicant is he could designate more than nine lots for affordable housing. Mr. Wilson replied that other places will take a fee in lieu of. This is an option, but he did not know if it worked. Council Member Orton suggested that the lots be administered through a non-profit company like the Housing Authority who will put restrictions on them, with the goal being to blend into the neighborhood so no one knows which homes are subsidized. Mr. Wilson stated he was anxious to move forward, and the City is anxious for its sewer easement. He stated he has a beautiful R-1-10 design, but he thought this PD plan was a fair trade. Council Member Allen advised that a fee in lieu does not work. Council Member Gardner inquired how long it would be before the City could come up with some kind of affordable housing recommendation. Mr. Wilson commented that he could not develop the lots and pay for the ground at $40,000 per lot. Council Member Orton replied that $40,000 per lot would make him whole, and it is better than the City saying it wants 20% of the lots at no charge. Council Member Allen commented that the Housing Authority would be willing to administer the program. St. George City Council Minutes November 16, 2006 Page Nine Mr. Wilson commented that he could not wait two to three more months. He stated he would be willing to commit to some affordable housing administered by the Housing Authority, but if he has to wait that long he will just bring the project back as an R-1-10 project. City Manager Gary Esplin commented that staff needs direction from the City Council whether it wants to do its own affordable housing program without the rest of the county. If so, staff could probably put something together but not immediately. Council Member Gardner inquired if the City could move forward with a development agreement if the applicant was willing. City Manager Gary Esplin replied that if the applicant comes in with an R-1-10 project that meets City standards, the City cannot deny the request. To be fair to the developer and the community, the City needs time to put something together. This could be done for the work meeting on November 30. Mr. Wilson advised that the density was set without anticipation of any of this, and if he had known what the City wanted or required, he would have come in with higher density so that it would be easier to provide more affordable housing units. He stated that affordable housing units do no blend in with higher end homes. He stated he was anxious to work with the City but he would either have to go back to the drawing board and ask for more density, or go back to an R-1-10 project. Council Member Allen reported that at the last County workforce housing meeting, it was stated that there would not be a county-wide ordinance requiring all communities to participate. Each community has the option to do its own thing. Rick Rosenberg explained that design guidelines for small subdivisions and multi-family projects were presented by Jeff Winston at the County workforce housing meeting. However, it is up to every community to adopt its own ordinance, and the County has no authority to require this. Council Member Orton commented that it would not make sense to have a 5,000 sq. ft. lot subdivision up against all the half-acre lots in the area. The City would like a subdivision equally as nice as an R-1-10 subdivision. Mr. Wilson explained that with regard to access, he met with Mr. Fawcett and Mr. Morby two weeks ago to go over the design of the project and show them the accesses. There are 36 lots in the Tarleton Blair survey and all of them are in the river plain. Mr. Fawcett asked for a gate, and Mr. Morby?s property is north of the project. City Attorney Shawn Guzman explained that he spoke with Mr. Fawcett and explained to him that all he is entitled to is what he now has. The developer will allow access, but he does not have to build a ramp to get to Mr. Fawcett?s property. If Mr. Fawcett wants vehicular access to his property, he is responsible for that. Council Member Whatcott inquired what would happen ten years from now when one of the lots has been rip rapped or elevated out of the flood plain and the owner wants to develop it. He inquired if this meant that the owner would have to drive over the sewer easement and trail to access his or her property. Mr. Guzman replied that access across the trail would be required. The owners could not drive down the trail, but access could be required to cross it. Council Member Whatcott inquired of Mr. Wilson if the park would be developed or a left as a primitive park. Mr. Wilson replied that the park would be fully developed with a pavilion, swings, and a picnic area. St. George City Council Minutes November 16, 2006 Page Ten City Attorney Shawn Guzman clarified that the minimum acreage required for a neighborhood park is four acres. Mr. Wilson replied that the park exceeds four acres. Leisure Services Director Kent Perkins advised he thought the park area was less than four acres. Mayor McArthur advised Mr. Wilson that the park requirement would have to be met before he could proceed. Council Member Whatcott inquired of Mr. Wilson how many lots were over 10,000 sq. ft., and how many were 8,000 sq. ft. Mr. Wilson replied he did not know but could get the figures. City Manager Gary Esplin advised that the City?s timeline would be at least until the first of the year. It would take a month to six weeks to draft something as every city uses a different method. He suggested that any attainable housing be guaranteed to remain such for ten years. Council Member Allen commented that an affordable housing project in Springdale has a fifteen year minimum and has been done through a development agreement. They are working with Color Country Housing. Community Development Director Bob Nicholson explained that staff has not been sitting idle. It has been working with the County on its affordable housing plan, did a lot size averaging ordinance, a TND ordinance, and is streamlining the review process. City Manager Gary Esplin commented that there is a difference of opinion on the sewer easement. There are also concurrency issues as the sewer service in that area may not be adequate to serve the entire project through the Sun River line. Mayor McArthur opened the public hearing. There being no public comment, Mayor McArthur closed the public hearing. MOTION: A motion was made by Council Member Gardner to table the item and work with Mr. Wilson to see if the City can come back with something that makes sense by the first week in January. SECOND: The motion was seconded by Council Member Bunker. 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 the Southgate Townhomes located at 2025 South Circle, east of Mirage Estates and adjacent to the I-15 right-of-way. Rob Reid, agent. Community Development Director Bob Nicholson explained that this item was tabled from the October 5 City Council meeting in order to make a site visit. The City Council had concerns about the building heights and traffic. 65 townhome units are proposed in an R-3 zone. This property was changed from commercial to R-3 in 1994. The proposed townhomes are a permitted use, along with apartments and multi-family housing. Rick Rosenberg explained that a 3D model will be presented based on actual photography of the site and view shed. Mayor McArthur advised that his concerns were addressed as far as the power line. St. George City Council Minutes November 16, 2006 Page Eleven Mr. Rosenberg explained that from the freeway view, the homes will be cut into the hillside and the hill will not be disturbed. Council Member Bunker inquired about landscaping on the freeway side of the project. An unidentified man explained that the landscaping will be the same on the back side of the project as on the front side. Council Member Bunker inquired about access from 2025 South Circle, and expressed concern that there would be a lot of parking on the street. An unidentified man replied that the issue of fencing had not yet been addressed. Berms will be put in for now. City Attorney Shawn Guzman advised that it looked like the freeway signs were partially blocked. He advised the applicants that the City will not allow the signs to be raised. Mayor McArthur opened the public hearing. Cliff Spendlove commented that the project is a good use of the land, but his concern is with traffic and the high density. He suggested that building a road from the Ford dealership to 2025 South Circle would relieve a lot of traffic on Bluff and Hilton. Tyler Hoskins, Hoskins Engineering, advised that he has been working with Rosenberg to study the site and has taken real traffic counts backed by national standards. Based on trip generation, 381 trips a day will be generated. In peak hours 34 trips will be generated out of the project. The peak hour is 5:00 - 6:00 p.m. There are about 1600 cars a day that travel 2025 South. The proposed project will increase traffic by 20%. He explained that he also worked with the City?s Traffic Engineer, Aron Baker, to analyze the intersection of 2025 South and Balboa, and it operates at an ?A? level of service, a premium condition. They also looked at the intersection on the hill where there is very little traffic. 2025 South is a major collector for the City?s master transportation plan which means per City standards there can be between 2000-6000 cars a day on that roadway. The projected 2000 cars a day is at the bottom level of that scale. It may be best to restripe the road to provide two through-lanes and a 12' center turn lane, with 8' of parking on both sides of the road which can be accommodated by the current pavement width. This road will eventually be widened to 66'. Don Cluff advised that he has two homes in the area because he loves the area and the views. He stated that the proposed project will impact his views and property values. He inquired who would maintain the buildings in the future. He stated there was little place for the children to play in the development, and that it was important to address parks and playground areas in the development. He stated he did not feel this location was appropriate for a family development as it was located adjacent to power lines and billboards. Community Development Director Bob Nicholson explained that the units will be owner-occupied, and the developer is entitled to develop a multiple family housing project, even apartments. Allowed density is 13 units per acre, and this project is well under that at 9 units per acre. The property is zoned for multiple family use. The applicants have indicated they will landscape along the freeway. Council Member Orton inquired if the project met the City?s height ordinance. Mr. Nicholson replied that it did. 2.5 story homes are permitted. City Manager Gary Esplin clarified that at the last City Council meeting when this was discussed, the City Attorney gave his legal opinion on vesting of this property. Vesting means that applicant has vested rights with regard to developing his property, and the St. George City Council Minutes November 16, 2006 Page Twelve City cannot change the zone to something less dense. The property is already zoned R-3. Jim Otis commented that he has lived in the area 13 years and traffic is a nightmare and will become a safety issue. He suggested delaying the project until infrastructure was in place. City Manager Gary Esplin advised that in conjunction with the State, the City plans to move the ramp on the north side of the bridge on the freeway to allow for more stacking distance. A new access to the I-15 will be built, and the City is working with the state and federal government to solve this problem and major changes will be made next year. Mr. Hoskins commented that he was mistaken, and 2025 South is a 60' road, not a 66' road, which allows between 1250 and 2000 cars a day. It is still a collector road and there is enough capacity to handle 2000 cars a day. The proposed restriping will not work unless parking is eliminated on one side of the road. Colleen Caputo expressed concern about families living in the proposed environment which consists of buildings and asphalt. The only green spaces identified as play areas are small and located by the substation and on the south end of the project by the road. There is only one parking stall for every apartment and 12 extras. Most families have two cars which means cars will park on 2025 South. Karen Heath inquired how far up the hill the subdivision would extend. Mr. Hoskins replied that it would not go up the hill at all. Ms. Heath inquired if there would be blasting. Mr. Hoskins replied that he did not know. Ms. Heath commented she would like to see no parking on the road. Steve Foisy inquired if the 2000 cars per day took into account the growth above Southgate and new development. Mayor McArthur replied that it did not. Dawn Sandberg inquired if the sidewalks would be left in place. Mayor McArthur advised that the City is trying to work with the Mirage Homeowners with regard to the sidewalk to make sure it is filled in and taken care of. A sidewalk will be required in front of the proposed project. Ms. Sandberg commented that huge motor homes park on the street across from her home, and with cars all along the other side of the street, this would make it that much more narrow. Karen Spendlove expressed concern about large units being built in front of normal-sized homes, children playing near cars, and cars parking on the street. Ed Arbuckle inquired if the height of the structures would be measured from the street level. Mayor McArthur replied that because of the sloping street it would be averaged. Mr. Arbuckle commented that it was his understanding the foundation had to be one foot above the street level. St. George City Council Minutes November 16, 2006 Page Thirteen June Bertram expressed concern about traffic problems and commented that it was difficult to see cars coming because of the curves. Kathleen Benson commented that if this project were built in addition to others up above, a stop light will be needed. Rick Rosenberg explained that the units will be owner-occupied, and a homeowners association will be formed to maintain all the common area and building exteriors so that all the landscaping will be maintained consistently and there is architectural control. The developer is willing to put in playground equipment, but this decision may be made by the homeowners association due to liability. There are no playground plans as of yet. The playground areas meet City requirements. Community Development Director Bob Nicholson advised that the playground requirement is 200 sq. ft. per unit, and the applicant has 13,000 sq. ft. of playground space. Rick Rosenberg advised that there is also nearly two acres of permanent open space in a do not disturb area. Council Member Bunker advised that during the site visit, the applicant said the lower Power lines were going to be buried and only the higher lines would remain. Mr. Rosenberg replied that all of the service lines that service the site will be buried. Two parking spaces per unit have been provided with 11 extra guest parking spaces on site. New sidewalk will be installed. The units on the south end near the south driveway are below road grade, and the buildings on the north are 3' above road grade. Units in the back will be lower than the street. Dawn Sandberg suggested the park space be measured. Mayor McArthur replied that the park space met the City?s ordinance. There being no further public comment, Mayor McArthur closed the public hearing. Council Member Bunker commented that the questions she previously had were answered to her satisfaction. The project is a high quality project and there has been a lot of interest by people who live in the east and want to purchase the units as a second home. All of these things make her feel better about the project. Mayor McArthur commented that the roof lines are in line with those of Mirage Estates within a few feet. Council Member Gardner commented that the proposed project is a great improvement over what could be located on the site, and as far as neighborhood concerns, it could be a much worse scenario. The applicant has been sensitive to the input and individual ownership is better than a rental situation. He stated he hoped the landscaping from the freeway side would be given great consideration, and any approval will require this landscaping. MOTION: A motion was made by Council Member Orton to approve the preliminary plat 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. Mayor McArthur called for a five minute break. Upon conclusion of the five minute break, the meeting resumed. Council Member Bunker had not yet returned to the stand. St. George City Council Minutes November 16, 2006 Page Fourteen RESOLUTION: Consider approval of a resolution for bond proceeds reimbursement. City Manager Gary Esplin explained that approval of this resolution will allow the City to be reimbursed from future bond proceed issues for various power projects the City will participate in next year. Mayor McArthur advised that the amount is not to exceed $20 million. Council Member Bunker returned to the stand. MOTION: A motion was made by Council Member Gardner to approve the resolution. SECOND: The motion was seconded by Council Member Orton. VOTE: Mayor McArthur called for a roll call vote, as follows: Council Member Gardner - aye Council Member Orton - aye Council Member Whatcott - aye Council Member Allen - aye Council Member Bunker - abstained The motion carried. RESOLUTION: Consider approval of a resolution accepting a deed of dedication for hillside property at 700 South on Bluff Street. City Manager Gary Esplin explained that the property owners are willing to deed hillside property to the City in order to preserve it. This hillside property has not been disturbed. 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 Bunker - aye Council Member Whatcott - aye The vote was unanimous and the motion carried. RESOLUTION: Consider approval of a resolution accepting a deed of dedication for road easements located at 3400 East and 2000 South Streets. City Manager Gary Esplin explained that the property owner is building a home but the road in not entirely improved at this point. The property owners are dedication their portion of the roadway. 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 Whatcott - aye Council Member Allen - aye St. George City Council Minutes November 16, 2006 Page Fifteen Council Member Bunker - aye Council Member Gardner - aye The vote was unanimous and the motion carried. RESOLUTION: Consider approval of a resolution approving an interlocal agreement with the St. George Redevelopment Agency. City Manager Gary Esplin explained that the City Council previously authorized entering into and creating a community development area in the Ft. Pierce Industrial Park area. It now needs to adopt a formal interlocal agreement between the City and RDA. He recommended approval. The terms are for 15 years the CDA will receive 100% of the tax generated in that area, but any tax increases will go to the entities involved. The City Attorney will prepare the document and it will be brought back to the City Council when it has been approved by the other entities involved. 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 Whatcott - aye Council Member Orton - aye Council Member Bunker - aye The vote was unanimous and the motion carried. RESOLUTION: Consider approval of a resolution abandoning the Haskell Annexation. City Manager Gary Esplin explained that this annexation was approved on April 6, 2006, with the stipulation that the applicant had to dedicate necessary rights-of-way to allow the City, if it so chooses, to use that right-of-way to connect Plantations Drive, even if it is still in the County. The applicant, Mr. Burgess, is not willing to agree to the stipulation so staff recommends that we rescind the annexation. The applicant can start over if he so chooses to do so. Council Member Gardner inquired if the applicant was aware of this action. Mr. Esplin replied that City staff has been negotiating with him since April, and he is aware of the City?s action. He explained that in any annexation the City can make demands or attach conditions to the annexation. Mr. Burgess?s attorney has made a request for additional compensation from the City. The City is not willing to meet this condition. 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 Whatcott - aye Council Member Gardner - aye Council Member Bunker - aye Council Member Allen - aye The vote was unanimous and the motion carried. St. George City Council Minutes November 16, 2006 Page Sixteen SET PUBLIC HEARINGS: Community Development Director Bob Nicholson explained that the Planning Commission, at its meeting held November 14, 2006, recommended that public hearings be scheduled for December 7, 2006 at 5:00 p.m. to consider (1) a zone change from R-1-10 to PD on 2.24 acres for Wailea Falls Phase 4 located next to Wailea Falls Phase 2 in the Stonebridge development; (2) a zone change from R-1-10 to C-3 on 3.11 acres located on the west side of Bluff Street at 500 North Street; (3) a proposed amendment to the St. George City Code to allow setbacks established by distance to use; and 94) a proposed amendment to the St. George City Code to allow detached private garages and accessory buildings in the side yard if within the setbacks established by the zone. City Manager Gary Esplin suggested that the request for a zone change for Wailea Falls Phase 4 be tabled because an increase in density is being requested and the City is not yet ready to address this issue with regard to affordable housing. MOTION: A motion was made by Council Member Orton to set the public hearings as recommended by the Planning Commission, except for the request for Wailea Falls Phase 4, which was not set at this time. 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 explained that the Planning Commission, at its meeting held November 14, 2006, recommended approval of the following final plats: Stone Valley Estates, Sun River Phase 20, Sun River Phase 28, and the Joshuas at Southgate Phase 2 Amended. MOTION: A motion was made by Council Member Gardner to approve the final plats. 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 construct an intermediate school in an RE-12.5 zone located on Horseman Park Drive adjacent to the City?s softball complex. Washington County School District, applicant. City Planner Ray Snyder advised that the Planning Commission recommends approval. City Manager Gary Esplin explained that there has been a cooperative effort with the School District in development of this school, as the property the school sits on is owned by the City. The City and School District are jointly developing the softball complex and share use of the fields. MOTION: A motion was made by Council Member Orton to approve the conditional use permit. 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 construct an elementary school in an R-1-10 zone located at approximately 700 East on Riverside Drive. Washington County School District, applicant. City Planner Ray Snyder advised that the Planning Commission recommends approval. City Manager Gary Esplin explained that access still needs to be worked through. It is the City?s responsibility to make certain there is access. The City is also trying to resolve the issue of the erosion boundary line as it also has the responsibility to make sure the site can be built on. The timeline is critical because the state wants to be in St. George City Council Minutes November 16, 2006 Page Seventeen a position to take control of the old West Elementary school one year from January. The City has the power of condemnation if need be, and it has a consultant on board to make sure erosion protection is obtained. Council Member Gardner commented that when this piece of property was acquired from the Foremaster family, it was with the idea that it would remain open space. He inquired how much field space was included in the plan and where it was located. He inquired if the School District was going to redefine the boundaries between east and west. Phil Williams, representing the School District, replied that he was not involved in boundary line decisions. MOTION: A motion was made by Council Member Gardner to approve the conditional use permit subject to the settling of remaining issues. SECOND: The motion was seconded by Council Member Orton. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. Phil Williams advised that the School District expects to award the contract on January 16. CONDITIONAL USE PERMIT: Consider approval of a conditional use permit to construct a church on the north side of Valley View Drive and south of Indian Hills Drive in an RE-37.5 zone. New Promise Lutheran Church, applicant. City Planner Ray Snyder explained that the 9,200 sq. ft. building would contain a sanctuary, multi-purpose room, classrooms and corridor. The site is 2.25 acres. The Planning Commission recommends approval subject to traffic engineering approval. Ward Dawson, architect, advised that he will begin the project right away. MOTION: A motion was made by Council Member Gardner to approve the conditional use permit. 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 construct a detached garage with a height up to 19' located at 2542 East 2300 South in the Crimson Cliffs Subdivision. Mr. Hammond, applicant. City Planner Ray Snyder advised that this request is in harmony with those previously approved. The garage was originally designed to have a second story, but it will be redesigned. Council Member Gardner inquired if the view corridors would be protected. He was advised that they would be. MOTION: A motion was made by Council Member Gardner to approve the conditional use permit. 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 for an in-home pre-school for up to 12 children in a residence located at 1461 West Geronimo Street. Lisa Mace, applicant. St. George City Council Minutes November 16, 2006 Page Eighteen City Planner Ray Snyder explained that this item was carried over from a previous City Council meeting in order to make a site visit. Code Enforcement advises that all issues have been cleared, and the Fire Department indicates their approval. A request was made for a copy of a traffic study and staff?s response was that a traffic study is not required for a residential preschool. Mayor McArthur advised that no public comment would be taken, as enough time was spent on it at the previous City Council meeting. Inspection reports have been received indicating that corrections were completed. He advised that he received two letters from the attorney representing the neighborhood with recommended conditions, a letter in favor of it, and a petition in favor of it. Council Member Whatcott inquired if the Fire Department had approved the preschool for 10 children rather than 12. Fire Chief Robert Stoker advised that the applicant has requested 12 children, but there is a problem with square footage because of a room divider. If the divider is removed, there is room for 13. He stated that right now it is limited to 10 children until the room divider is removed. When it is removed, he will perform a reinspection and increase the number allowed to 12. Council Member Bunker inquired if the new fence excluded the trampoline so that the children could not access it. Mr. Snyder advised that it had not been excluded from the play area. City Attorney Shawn Guzman advised that if the ordinance allows for a conditional use in an area and the City has specified the stipulations, and those stipulations are met, the City has to approve the conditional use. The City can also use past precedence in making a determination, and it has approved numerous in-home preschools in the past while routinely placing conditions, such as number of children, hours of operation, but without a lot of detail. A copy of letter has been received from the neighborhood?s attorney requesting certain conditions be applied, but the City has never done anything that far-reaching or technical, and it would be out of line to do so now. Council Member Bunker commented that this was a difficult decision and it has been sad to see the schism in the neighborhood and lack of neighborly love as it will take a long time to heal when words have been said which shouldn?t have been said. The City Council does not have a lot of leeway as all of the concerns have been met. She stated there originally was a concern about traffic because there are no sidewalks or curb and gutter, but she has visited the site several times and does not think it will be a big problem. The applicant can have eight children in the preschool without City Council approval. MOTION: A motion was made by Council Member Bunker to approve the request for ten children until March, 2007 during which time if the applicant complies with the requirements to have 12 children, she may do so, and if there are no other ramifications or difficulties in the neighborhood. City Attorney Shawn Guzman advised that the best way to approach the motion would be to approve it for 12 children subject to approval of the Fire Department. AMENDED MOTION: Council Member Bunker agreed to amend the motion as recommended by the City Attorney. SECOND: The motion was seconded by Council Member Allen. Council Member Orton advised that if there are problems, the issue can come back to the City Council. Council Member Allen commented that they would have to be reasonable complaints. St. George City Council Minutes November 16, 2006 Page Nineteen Council Member Gardner commented that he would like to have Mrs. Mace as a neighbor any day and all the children she could bring. He stated he was sorry the issue has caused so much animosity in the neighborhood and he was sure Mrs. Mace would do all she could to be considerate of the neighbors? concerns and keep the impact to a minimum, and that her intention is to be a good neighbor. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. AIRPORT GROUND LEASE: Consider approval of an airport ground lease with JLH Ventures. City Manager Gary Esplin explained that this lease was approved at the last City Council meeting but under a different name and at a different rate. The rate is 15? per sq. ft. rather than 1? per sq. ft. MOTION: A motion was made by Council Member Orton to approve the airport ground lease. SECOND: The motion was seconded by Council Member Whatcott. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. RESOLUTION: Consider approval of a resolution authorizing the issuance and sale of not more than $6,250,000 aggregate principal amount of general obligation refunding bonds, series 2006, of the City of St. George, Utah; fixing the maximum aggregate principal amount of the bonds, the maximum number of years over which the bonds may mature, the maximum interest rate which the bonds may bear, and the maximum discount from par at which the bonds may be sold; providing for the publication of a notice of bonds to be issued; providing for the running of a contest period; and related matters City Manager Gary Esplin explained that approval of this resolution will authorize issuance and sale of not more than $6,250,000 in refunding bonds. The City has the opportunity now in the market because of the interest rates to refinance this second series of bonds issued for parks and recreation purposes. The cost savings will be 3% - 4%. Between ...

...dential for 91 lots on 23.38 acres located on the east side of Snow Canyon Parkway adjacent to the Dixie Downs Road and Snow Canyon Parkway intersection. Blaine Webber, applicant. (3) A zone change from C-2 to C-3 for .20 acre located at 32 North 800 East. Bill Telford, applicant. A motion was made by Council Member Orton and seconded by Council Member Whatcott to set the public hearings as recommended by the Planning Commission. Mayor McArthur called for a vote, and all voted aye. The motion carried. REQUEST TO SET PUBLIC HEARING: Associate Planner Mark Bradley explained that the Neighborhood Enhancement Committee is requesting that a public hearing be scheduled for April 17, 2003 at 5:00 p .m. to consider a zone change from R-3, R-4, and PD Residential to R-1 to preserve and enhance the quality of life in the central city area located from Main Street to 300 East and from 100 South to 300 South, excluding Administrative and Professional Office zoning. The Planning Commission recommended denial on a 4 to 3 vote. Council Member Allen explained that the Planning Commission recommended denial to schedule the public hearing because it felt that the issue needed further study. Associate Planner Mark Bradley explained that there was a large gathering at the Planning Commission meeting, with most of the remarks against the zone change made by non-residents. Despite the Planning Commission?s vote for denial, the Neighborhood Enhancement Committee would like to be heard by the City Council. Gloria Shakespeare, representing the Neighborhood Enhancement Committee, commented that the reason they would like the public hearing is because they did not have a chance to address several issues which were raised at the Planning Commission meeting before a vote was taken. She commented she did not see how the General Plan could be implemented without rezoning this area, and while she empathized with other areas of the City struggling with the same issues, the downtown area was laid out for single family neighborhoods long ago, and multiple family zoning is an intrusion into what was historically established. The downtown neighborhoods have a right to their historical foundation. Mayor McArthur commented it sounded like the Planning Commission voted for denial in order to have more discussion. Mrs. Shakespeare responded that this was not her impression. Council Member Orton commented that while the City Council is supportive of what the Neighborhood Enhancement Committee is trying to do, it is concerned with rezoning such a large block of land all at once. St. George City Council Minutes March 20, 2003 Page Four Council Member Allen commented that there are some blocks within the area proposed for rezone which are totally R-2. Vince Clayton, a member of the Planning Commission, advised that he made the motion to deny the request because time was needed to see if the previous rezone in this area was working properly before such a vast area was rezoned, and he felt there were portions of the proposed area which were inappropriate for consideration at all. City Attorney Shawn Guzman advised that the City Council can choose to set the public hearing, or ask the Planning Commission to again consider the request, or ask the Neighborhood Enhancement Committee to gather more information or narrow the request, whichever it feels works best for the public. Council Member Whatcott explained that the City Council has typically taken the approach that whether the Planning Commission approves or denies the request, the applicant has the right to bring the matter to the City Council. However, his concern is what would happen if the City Council denied the request because it felt the matter needed further study, and in that event the applicant would be unable to make another request as required by City ordinance. Mayor McArthur advised that the City has an ordinance which says that when a zone change is denied, it cannot be reheard for another year unless there is a significant change in the request. Mrs. Shakespeare replied they would take their chances. She advised she was also in possession of a petition signed by residents in the area in support of the zone change, which the Planning Commission would not accept. She explained that for 25 years the City has been able to sit back and watch what has happened to the downtown area since it has been upzoned. Further, not one person who spoke against setting the public hearing said the downzone would hurt the neighborhood; their concerns were all for personal profit, and if that had been the foundation of the founding fathers, no one would be here today, as they looked at what was best for the community as a whole. If the City waits and rezones a little piece at a time, the blocks will continue to fill in with more PDs, as that is what the people who spoke against the public hearing plan on doing with their property. Mayor McArthur explained that the City could invoke the pending ordinance doctrine until the matter was determined. Mayor McArthur explained this would provide six months within which to work through the process, dealing with one or two blocks at a time. A motion was made by Council Member Whatcott to schedule the public hearing in May rather than in April so that the City Council has time to walk the blocks in order to be more prepared to make a decision. Mrs. Shakespeare replied that the Committee would agree to those terms. Council Member Allen explained that while the Planning Commission did hear a lot of personal finance plans and retirement plans, it could not make its decision based on personal finances, but on the ordinance and zoning. The Planning Commission is behind what is happening downtown, but the vote for denial was based on the fact that there were still questions to be answered. Vince Clayton stated his motion was made because he felt more study was needed to make sure the zone change previously approved for this area was right, and it was not just a matter of answering more questions. Council Member Whatcott commented the City Council was not elected to sit back and watch things happen. He made a motion to set the public hearing in May rather than in April. He suggested the date of May 8 for the public hearing, and that a work meeting be scheduled to walk through the neighborhood with the Neighborhood Enhancement Committee. Mayor McArthur inquired if the Council wanted to invoke the pending ordinance doctrine in the meantime. Community Development Director Bob Nicholson commented that a public hearing was scheduled for April 3 for a zone change for the west side of town. St. George City Council Minutes March 20, 2003 Page Five Council Member Whatcott commented that invoking the pending ordinance doctrine would be part of his motion. Community Development Director Bob Nicholson advised that at the last planning staff review a plan for a duplex in this area was reviewed. He inquired if this project would be subject to the pending ordinance doctrine. Council Member Whatcott replied that if the project is already in the system, the developer would be vested with certain rights and therefore would not be subject to the pending ordinance doctrine. City Attorney Shawn Guzman confirmed this was correct. Council Member Whatcott?s motion was seconded by Council Member Allen. Mayor McArthur called for a vote, and all voted aye. The motion carried. AMENDED PRELIMINARY PLAT: Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held March 11, 2003, recommended approval of the amended preliminary plat for Bellsera Townhomes at Sunbrook with 68 units. The original preliminary plat was approved in October 2000 with 77 detached townhome units. Phases 1 and 2 have been recorded. He explained that the secondary access is no longer a part of what would have been a recorded plat and is shown as a temporary access easement, to be paved and abandoned upon completion of the permanent access. Council Member Whatcott inquired if this project had the potential to create the same problem as Cotton Acres by putting the City in the middle of a squabble if the project was ever divided. Mr. Bradley replied that staff?s concern lies with the temporary road and access. City Manager Gary Esplin commented there would not be a problem as long as the project remains in the same ownership. Council Member Allen inquired if there would be a homeowners association. An unidentified man replied that there would be a homeowners association. He explained that the temporary road could only be eliminated if a second access was provided by the adjacent subdivision. The road will not be dedicated, but it will be shown on the final plat and is a temporary easement. Mr. Bradley explained that access is critical to development of the site, and the project was approved based on that secondary access. The only way this can be resolved is to include the access in Phase 3. The unidentified man replied that the access is included in Phase 3, but it is only temporary. It can only be eliminated by replacement of another access. Council Member Whatcott commented that if the access is recorded on the plat, future phases will have to make it a permanent road in order to build out the third phase. Associate Planner Mark Bradley advised that this would need to be part of the plat boundary. City Attorney Shawn Guzman agreed that this problem needs to be addressed, but until the City establishes a policy, the City Council will have to continue to do what it has done in the past. The unidentified man explained that if the temporary road is shown as an easement, he did not know how the adjacent subdivision could take it away. City Manager Gary Esplin commented that the City could make sure this issue is resolved when the final plat comes in for review. A motion to approve the amended preliminary plat 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. St. George City Council Minutes March 20, 2003 Page Six HILLSIDE DEVELOPMENT PERMIT: Associate Planner Mark Bradley explained this item was tabled from the last City Council agenda in order to make a site visit. He explained that excavation has exceeded the approved area along the Ft. Pearce Wash at approximately 3300 South and 1900 East southwest of The Knolls Subdivision. Russell Limb is the applicant. The Hillside Review Board recommended approval with the condition that the cut slope is similar to what was approved for the original site of ? to 1 and meets basic grading requirements according to the building code. The area is in an Agricultural zone which only allows the applicant to grade the property. The Planning Commission recommended approval with a time frame of six months to grade the site and relocate the equipment to the applicant?s M-1 zoned property. Staff?s concerns are as follows: (1) the proposed cut slope does not provide for adequate mitigation and the height of the cut would be at least 60 feet; (2) dust control, grading the entire site, and proximity to residential zones; and (3) storage of equipment. A motion to approve the hillside development permit was made by Council Member Allen and seconded by Council Member Orton subject to the recommendations of the Planning Commission and Hillside Review Board. Mayor McArthur called for a vote, and all voted aye. The motion carried. CONDITIONAL USE PERMIT: Consider a request for a conditional use permit for the expansion of the Grace Episcopal Church at 1072 East 900 South. Community Development Director Bob Nicholson explained that the applicant proposes to add 10,000 sq. ft. of building floor area to the existing church and a new parking lot to the south. The Planning Commission recommended approval subject to completion of the improvements along 1100 East Street (curb, gutter, sidewalk and road). The applicant agrees with the conditions. A motion was made by Council Member Allen and seconded by Council Member Whatcott to approve the conditional use permit. Mayor McArthur called for a vote, and all voted aye. The motion carried. CONDITIONAL USE PERMIT: Consider a request for a conditional use permit for a student housing development in a C-3 zone at 65 North 1000 East (south of the Sinclair station). Andy Leavitt, applicant. Community Development Director Bob Nicholson explained that the applicant proposes 30 parking spaces for 30 occupants. The Planning Commission recommended approval subject to an annual certification of occupancy for parking purposes as part of the business license review process. He explained that as part of the conditional use permit the applicant is requesting elimination of the covered parking requirement and permission to park within the front setback area. An 8' wide landscape planter will be provided. Mayor McArthur inquired if the handicapped parking stalls were included within the 30 required parking spaces. Mr. Nicholson replied that they were. A motion to approve the conditional use permit was made by Council Member Orton and seconded by Council Member Allen subject to the recommendations of the Planning Commission. Mayor McArthur called for a vote, and all voted aye. The motion carried. FUNDRAISING EVENT: Consider a request for a fundraising event to be held on the Virgin River Trail and in Bloomington Park, and a wavier of the associated fees. Habitat for Humanity, applicant. City Manager Gary Esplin explained that staff recommends approval. A motion was made by Council Member Allen and seconded by Council Member Orton to approve the request. Mayor McArthur called for a vote, and all vote aye. The motion carried. St. George City Council Minutes March 20, 2003 Page Seven REQUEST TO USE PARKS: Consider a request to hold obstacle run courses for dogs at the Middleton Park and Snow Park. Desert Flyers Dog Club, applicant. City Manager Gary Esplin explained that staff recommends approval with the stipulation that the park is cleaned as soon as possible after the event. Cynthia Lipson, applicant, advised that the request is to use the park for practices, and the park will be cleaned after each practice. A motion was made by Council Member Orton and seconded by Council Member Allen to approve the request. Mayor McArthur called for a vote, and all voted aye. The motion carried. WATER EXCHANGE AGREEMENT: Consider approval of water right exchange agreement with Kevin Ence. City Manager Gary Esplin explained that the Water and Energy Services Board recommends approval. A motion was made by Council Member Whatcott and seconded by Council Member Orton to approve the agreement. City Manager Gary Esplin explained that Mr. Ence will give the City 13 shares (39 acre feet) of irrigation water in the Washington Fields Canal Company in exchange for 10 acre feet of ground water from one of the City?s water rights. Mayor McArthur called for a vote, and all voted aye. The motion carried. PARK FEES AND POLICIES: Consider approval of a change in park fees and policies. City Manager Gary Esplin explained that this item was previously discussed in a work meeting. Mayor McArthur commented he hated to see people prohibited from using parks after dark. Parks Superintendent Lynne Scott explained that by ordinance people are allowed to be on lighted sports courts after dark, but she did not feel comfortable making a park reservation in a park that was not lit. A motion was made by Council Member Whatcott and seconded by Council Member Orton to approve the park fees and policies. Mayor McArthur called for a vote, and all voted aye. The motion carried. AFFORDABLE HOUSING IMPACT FEE DEFERRALS: Consider recommendations from the Affordable Housing Committee regarding impact fee deferral requests for 2003. Community Development Director Bob Nicholson explained that the City has a policy which allows deferrals of up to 60 impact fees a year for affordable housing. A notice was published and two requests were received - one from the Fountain Heights Apartments and another from the Grand View Mobile Home Park. The Committee met March 5 and recommends approval of 35 impact fee deferrals for the Fountain Heights project, and 20 for the Grand View Mobile Home Park. Tad Callister, representing the Grand View Mobile Home Park, explained that he would like to develop the rest of the pads, but in terms of impact fees it will be hard to pay $100,000 up front for them. He proposed that over the next three to four years as the pads are rented out, that a $20,000 deposit be made with the City, with interest earned on this money retained by him. Each year an accounting will be made to the City of the tenants and their low income status. If the tenants are not low income, money would be taken from the deposit account and paid to the City, and then be immediately replaced. A motion was made by Council Member Allen to approve the allocation of 35 impact fee deferrals to the Fountain Heights Apartment project, and 20 deferrals to the Grand View Mobile Home Park with a deposit account in the amount of $20,000 set up from which the City can draw if the tenants do not qualify as low income, with St. George City Council Minutes March 20, 2003 Page Eight the interest credited to the Grand View Mobile Home Park. This will allow the five remaining deferrals to be allocated to individuals. The motion was seconded by Council Member Orton. Mayor McArthur called for a vote, and all voted aye. The motion carried. AGREEMENT WITH CAROLLO ENGINEERS: Consider approval of a proposal from Carollo Engineers to evaluate and pilot test arsenic treatment of Gunlock wells. City Manager Gary Esplin explained that the City has to conform to standard rules which have been imposed as part of an unfunded mandate, and this engineering report will tell the City what it has to do to correctly meet guidelines. Water Services Engineer Barbara Berrett explained that there is no way to blend Gunlock water with other water to reduce the arsenic levels, and this engineering report will evaluate what is needed to do this. Mr. Esplin explained that the cost is $50,600 including all testing, evaluation reports, etc. 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 vote aye. The motion carried. SITLA EASEMENT: Consider approval of an easement over SITLA land for a water line which will connect the Tolman wells to the City water system. City Manager Gary Esplin advised that approval of this easement will allow construction of the water line across SITLA property to connect to the Tolman Wells. A motion was made by Council Member Whatcott and seconded by Council Member Orton to approve the easement. Mayor McArthur called for a vote, and all voted aye. The motion carried. APPROVAL OF POLICY: Consider approval of City Policy No. 10.88, Culinary Water Supply/Shortage and Drought Management Conservation Plan. City Manager Gary Esplin explained that the policy was amended as a result of the discussion at the last work meeting. Staff recommends approval. It is also recommended that the City Council declare Stage One based on the parameters of the new program. Water Services Director Barry Barnum introduced the City?s new Water and Energy Conservation Coordinator, Ren? Fleming. Ms. Fleming reviewed changes to the policy discussed at the work meeting and presented a short synopsis of each stage in the plan. Mayor McArthur advised there is 15,000 acre feet of water in Quail Creek Reservoir, and 13,000 acre feet in Sand Hollow. The County has 17 well permits and four wells drilled. It is hoped the City can treat 20 mgd, with the regional pipeline coming on line in September. It is hoped the Shivwits water rights issue will be settled by July which will give the City three more wells. Vince Clayton explained that Carol Sapp wanted to make sure that any reference to a development moratorium was removed from the proposed policy. Ms. Fleming replied that it was removed. A motion was made by Council Member Orton and seconded by Council Member Whatcott to approve the policy as presented and declare Stage One of the plan. Mayor McArthur called for a vote, and all voted aye. THREE WAY LAND EXCHANGE: Consider approval of a three-way land exchange in the Little Valley area with the Washington County School District and the developers of The Knolls Subdivision. St. George City Council Minutes March 20, 2003 Page Nine Leisure Services Director Kent Perkins displayed maps of the areas to be exchanged. He explained that as a result of the trade of the J. C. Snow Park ball fields to the School District, the City will receive 24.24 acres of Little Valley property. The City will trade its 11 acres of property in Little Valley for 11 acres of adjacent School District property. Additionally, approval is requested to trade 1.49 acres of City property to the developers of The Knolls for 1.04 acres of property. The City property is hillside and will require fill to develop. These exchanges will consolidate the City?s holdings to about 54 acres, allowing for a softball/baseball complex to replace Snow Park and a soccer/football complex too. City Manager Gary Esplin explained that the City is still negotiating with the School District on requirements for replacement of the Snow Park ball fields. Mr. Perkins advised that the School Board approved the trades and authorized the Superintendent to negotiate the details. The State is also finalizing comparisons of the appraisals. Council Member Whatcott commented that he hoped the softball complex would be ready for play when the trade is made, and not until then, because right now the Snow Park facility works well for the City. He suggested that the City not accept the new ballfields until they meet City specifications. City Manager Gary Esplin replied that this has been communicated to the School District. The City is working with them on details of what they are willing to put in, and the City will certainly not accept anything less than what it currently has at Snow Park. A motion was made by Council Member Orton to approve the three way land exchange. The motion was seconded by Council Member Whatcott with the stipulation that the Snow Park ballfields not be turned over to the School District until the new fields are ready and that the Snow Park ballfields not be allowed to be torn up prematurely. Council Member Orton agreed to the friendly amendment. City Manager Gary Esplin replied that a replacement facility will have to be available before the Snow Park ball fields are turned over to the School District or torn up. If the...

.... The City modified Skyline Drive when 200 East was extended to Red Hills Parkway. The City Traffic Engineer has reviewed this current access proposal and supported it to come before the Planning Commission. The applicant proposes to remodel and add onto the existing house and also to construct two new detached units. Ray went on to say that the revised site plan shows 16 parking spaces. The parking requirement for a hotel is 1 space per room plus 2 spaces for the manager. The applicant originally proposed housing up to 60 guests with 10 full-time or part-time employees. It does not appear that 16 parking spaces would be adequate to accommodate 70 guests and employees. The applicant proposes an approximatePLANNING COMMISSIONFebruary 13, 2007Page Seven 1,000 sq. ft. addition to the existing home (a third level to the east wing of the home) to make the home about 6,300 sq. ft.Ray said also the new two-level units “casitas” are proposed to be built; each of these units are proposed to have a walk-out basement. The Hillside Review Board will have to determine if hillside disturbance is permitted. Ray said they will be moving their driveway access so it does not become an issue. Phil Giles from Creamer and Noble Engineering representing the applicant asked if there are any questions. Chairman Almquist asked about the new proposed driveway approach. Phil said the City does not allow the current location of the driveway so the driveway will need to be moved to create a safer access. They will need to remove some of the brush on City property in order to get site distance.Laura Carver the applicant said she is doing this because the City is developing the pond and water tank and putting in an amphitheater. With these amenities so close by she wants to transfer her property to a guest house. Most hotel rooms sleeps 6 people and her mini-suite guest house would have 10 rooms and she doubts that every room would be filled to capacity.Ray brought to the board’s attention that this request is for a PD zone. Ray spoke on the parking. He said Planning Commission has the opportunity to govern how many people she can have there and make that recommendation part of the motion. Ray said maybe also set a threshold for the parking.Laura said the home is for 8 rooms and then the casita which is for 2 guest per house. The other structure will be her home. Commissioner Hullinger asked about the number of people in a hotel room. Laura said most hotels’ have 2 queen beds and a fold out couch and this could accommodate 6 people. Lucy Christensen a neighbor said she does have a concern on how this will impact her home and the value of her home. She commented that this will devalue her property. Candace Mesa a neighbor said she has concerns about several things; 1) Skyline Drive is busy and narrow, now they are talking about reconstructing it more and there are safety issues with the hill, 2) someone has to clean those rooms and there will be laundry and cleaning services that will be added, 3) this is a residential area, she feels they’re opening the area to little mini-inns, 4) with the pond below it is a safety concern, 5) when it come to the City park she feels the guests will ruin the park, 6) she does not want to see the cotton woods removed for parking, 7) if they use her justification then they all should be given the right to turn their properties into inns, PLANNING COMMISSIONFebruary 13, 2007Page Eight8) does it encroach the desert habitat. Candace would ask the Planning Commission to consider the neighborhood. No one in the neighborhood is in favor of this.Laura Carver said she does think that what she plans is much different than the bed and breakfast that are currently in the neighborhood. Ms. Brooks a neighbor said she does not think an amphitheater should be a reason to put a hotel in their neighborhood. Dall Winn a neighbor is opposed to having this. He is concerned about the noise factor. Deputy City Attorney Paula Houston said the Planned Development “Guest House”, commercial retail trail and office and professional use is the catch all the Planning Commission can determine with the harmony in Planned Development. That decision will have to made by them. Community Development Director Bob Nicholson said the main issue is the scale of the project. He feels a Bed & Breakfast could work but not with 60 guests. If there is only 16 parking spaces then they should be thinking about half of those guests.MOTION: Commissioner Nobis made a motion to deny a zone change request from R-1-8 (Single Family Residential 8,000 sq. ft. minimum lot size) to PD COM (Planned Development Commercial) on 0.83 acres located at 475 Skyline Drive. Ms. Laura Carver, applicant. Commissioner Burks seconded the vote. All voted aye.SUBDIVISION REGULATION AMENDMENT - PUBLIC HEARING (5:00 P.M.)Consider an amendment to the City Subdivision Ordinance to require the dedication of neighborhood parks by the developer as part of the subdivision platting and approval process. Case No. 2007-SRA-001Community Development Director Bob Nicholson said part of the reasoning for this request is the City has been in the process of updating the “parks” plan for parks facilities. Park land is currently acquired by impact fees. This will be a change in philosophy. Now they are requesting to shift this forward to make this part of the developers responsibility. The developer will have the responsibility to sub-divide land for a neighborhood park within his subdivision. Presently, the acreage is calculated as 4 acres per 1,000 residents. Leisure Services Director Kent Perkins said impact fees have always been charged during the building permit process. PLANNING COMMISSIONFebruary 13, 2007Page NineCommissioner Taylor said if this was passed and became policy for the City and a developer donated the land for a park and he was considering the need for affordable housing, would he be able to ask for a decrease in the impact fee? Kent said there are potentials when the efficiency is put on affordable housing. Commissioner Taylor asked if the impact fee could be reduced to offset the property in order to make the building permit more affordable. Kent replied park improvements are paid by the impact fees. The acquisition of the neighborhood parks is not part of the impact fees. Deputy City Attorney Paula Houston said the land that is being dedicated to the City are for the small 4 acre parks, the impact fees are for the larger parks. Kent said facilities that are built are an enhancement for the neighborhood. Most developers that are building a larger development now have parks designed in their plans before they plat out the neighborhood. The developers come in early because when the parks are put in early it becomes a selling point for the developers.Kent discussed how the program is administered. There will be a new check off box on the Plat Application. They will discuss such things as if there is a neighborhood park that is nearby in the neighborhood, The developer will complete the application and attach a check. The money can only be spent within that development zone. If for some reason the City doesn’t spend that money in a certain amount of time then the money will be return to the developer. Commissioner Bracken asked if they pay right up front or pay for the whole project? Bob Nicholson said they will pay by phase of the projects.Commissioner Bracken asked why they won’t value the land based on the development. If you go in a particular area and you do an appraisal of property you can’t set your values until you do that. Deputy City Attorney Paula Houston said you don’t want this to be a battle over the value of the land. She said there is no provision to have the option - it would be the City to make that decision. They don’t want to give them the option to either give them the land or pay for the land. That is the reason they still need impact fees. Commissioner Taylor said with every plan there is a plan for open space. Is there a place to allow two developers to join together and pool the requirement of park space together? Kent said yes they could - they could pool it together.PLANNING COMMISSIONFebruary 13, 2007Page TenKent said it states that every resident should be within a half a mile of a park. Commissioner Nobis said when they are built out how do you go back and charge for more money in order to enhance the parks. Kent replied it will be done by General Funds.Commissioner Burks asked about the impact fee for parks. Kent said it is $2,700 for a new park. Kent said the plan is to balance out the expenditure and if you don’t have the fee then you have to put the funds in the general impact fee. Ron Thompson said how do you decide the ratio of 4 acres per 1,000 residents if a majority of them are not full time residents. He is concerned about the cost for the management of these parks. He feels the cost would hurt the residents because they will have to pay for the cost of the parks in purchasing price of their homes. Carol Sapp with Southern Utah Home Builders Association said she has not seen the proposed ordinance. Carol handed out a Memorandum she prepared (available for review in the City Office). Carol said they don’t look at the percentages of people that live there part-time or full-time. It is worthy of consideration but it is not a point she brought up in her comments. It was agreed by City Council that if something was in the pipe line and they had preliminary plat approval then they would not have to go through this. She said the current market conditions it should not be more than 6 months. This will slow the process down and the development plats will take longer to process. The important part is the board will be created by three people for appraisers. There are things that have to happen to be fair. Carol said what happens when they go out and they need property. This master plan for parks has increased the level of parks for this community. This will affect the affordability of housing. This will have to work on paper in the terms of costs. The developer will have to figure in the housing cost how much it is going to cost him to give 4 acres for the park. The fair way to increase parks in this area is through the bonding process. In the bonding process then everyone in the community will help to pay for those parks. Bonding removes the responsibility from the City and gives the developer the chance to develop affordable property. Don Rawlings said he is concerned about adding extra fees to property developers. The high impact fees will make it impossible for people to afford the homes. He was wondering if he would get some credit for the Seegmiller Park for 5 acres that has been sitting out there. He feels the impact fees need to be looked at a little bit closer. Curt Gordon said their concern is if you have a offset - he is concern about getting double charged. PLANNING COMMISSIONFebruary 13, 2007Page ElevenKent Perkins said if the City thinks the land in the subdivision could be a neighborhood park then the City will build that facility and return to the developer the money. Kent said they are sensitive to the type of land that is available for a park. Leisure Services took at community survey and 82% of the community who responded to the survey believed that it is important to have a park nearby by walking. He receives calls from residents who want to know where their neighborhood park is located. The park impact fees can only maintain the existing standards. Commissioner Bracken said if a subdivision does not have the land then at what point, does the City purchase the land? Kent said they will try to identify the most reasonable place for a park at that time. Commissioner Bracken asked if will they have to wait 20 years to see a park. Kent said if the City doesn’t spend the money in a certain amount of time then they will get their money back. Deputy City Attorney Paula Houston said one of the issues you have is that you can bind the City that funds will need to be spent by. The only option you have is that if you can’t build a park in that amount of time then you need to give the money back. Commissioner Bracken said there needs to be an interest factor to the person who has money setback. Chairman Almquist said this is something that cannot be voted on here tonight, due to the amount of information the Planning Commission needs to digest.Bob Nicholson said this could be continued to the next meeting in two weeks. Maybe they could have a joint work meeting with Council. Bob said someone has to pay for the parks and there are difficult choices to be made. Council Member Bunker asked if some of Carol Sapp’s comments could be incorporated into the ordinance. Bob said they could look at that. MOTION: Commissioner Bracken made a motion to table this item for 2 weeks. Commissioner Burks seconded the motion. All voted aye. GENERAL PLAN AMENDMENT - PUBLIC HEARING (5:00 P.M.)Consider an amendment to the City General Plan to include the “Little Valley Sub-Area Plan”. The proposed land use designations include Agriculture, Low, Medium, and Medium High Density Residential, Commercial, and Open Space. The area encompasses approximately 3,355 acres (5.2 square miles). The area extends approximately from 700 South, southward to confluence of the airport ridge and the Ft. Pierce Wash and Schmutz Hill (Stonecliff) eastward to the Washington City boundary. Case No. 2007-GPA-001PLANNING COMMISSIONFebruary 13, 2007Page TwelveBob Nicholson said he has a few brief comments. The goal in this general plan is to strike a balance in the interest from those who have properties and want to develop and the others who have horses and wants it to remain the same. Bob said an adequate buffer is to achieve that goal. Tonight is no way a zoning action. Bob explained the difference between a general plan and a zoning ordinance. Zoning is step two in this process. The goal is to show the development intent for this area. The plan also incorporates Washington City. There will be public hearings for any zoning requests. The current zoning will stay in place until developers come up and ask for a zoning change.Commissioner Burks asked about the time line for re-zoning? Bob said it is about an 8-week process. The State law requires public hearings before City Council.Jeff Winston with Winston & Associates said at the last session there were comments raised regarding the buffer zones. One of the ideas is that they want feathering to be deferred. He presented three alternatives; 1) with trails and public street, 2) rear yards adjoined, and 3) with trails and alley. Jeff said that a 10,000 sq. ft. lot would be the normal for the area of Little Valley but there will be some smaller lots. They built in a 100 ft. buffer zone in each of the alternatives. The trails would be an equestrian trail and a pedestrian trail. Jeff said there was another possibility would be to Commissioner Bracken said none of the property would be in the 100' buffer. Jeff said no. Commissioner Taylor said the 100 ft. setback would be up to the agriculture property line. Jeff said yes. Commissioner Taylor asked if there any less than that. Jeff said no.Commissioner Bracken said on Horseman’s Park he noticed there is no buffer along there. Jeff said it is proximity of the school and the park across the street they see that area being move eventually. Commissioner Bracken asked how close can the horses be that location?Bob said that will be a zoning clarification when they come in for a zone change. Normally it is 100 ft. setback.Commissioner Bracken said then what is the reason for the buffer. Jeff said the intent for the buffer is that there is no intentionally to have them near the horses. Commissioner Bracken said it would be more proper to allow that buffer to be more flexible to be more site specific. Jeff said their thinking was that some can’t find horse property. PLANNING COMMISSIONFebruary 13, 2007Page ThirteenRon said he wanted to point out the Washington canal system. The canal company is just finishing a project. It is his personal opinion that the existing roads were developed to the canal system. The master plan needs to respect those canal’s that are out there. He feels the roads needs to use the canal system and not a subdivision. He wants to have those pipelines protective. He does not think the plan addresses this issue well enough. James Elought said he owns property on Commerce Drive about 17 acres which is currently zoned Open Space and he wants to put in stables. How does it get it re-zone so he can put in about 200 horses on the property or can he do it in an open zone. Deputy City Attorney Paula Houston said this would require a zone change as agricultural. Larry Blake said he has 8 acres and is encompassed with a coral. It looks like he has it as a residential park on the general plan. He understands the development. There is a trai...

...roject will be a fundamental change for the ridge.   The current park is right at the entrance to the proposed development.  The developer needs the property to help frame and be a part of the entrance.  They have agreed to replace the park on the other side of the existing townhomes, before they remove the existing park.  Additionally, he would like to make sure it connects to the Temple Quarry Trail and make sure residents do not need to cross the road to get to the park.  He suggested a neighborhood meeting to discuss and show residents a concept, regardless of what happens tonight.  The City will not allow the developer to tear down the park prior to building a new one.     City Manager Adam Lenhard noted the standard to which the City is developing parks today; they are a significant step above older parks.  There are some real opportunities with the way parks are developed now versus when this park was built.  The neighborhood meeting would assist staff in getting input from residents to plan the park.   Resident Rick Walker stated that he is concerned about the park going away.  The first time he heard about this item is on social media.  His grandfather is the one who donated the land for the park.  The idea of taking that is away is frustrating.  He would like the vote to be postponed until after the neighborhood meeting.        St. George City Council Minutes May 3, 2018 Page Two   Mayor Pike explained the City typically meets with residents when parks are planned; however, this particular situation is a bit different.  City Manager Adam Lenhard agreed and stated that this was an oversight.   Resident Ryker Luce read a letter he wrote asking the Council to build a park first as promised.   Resident Amy Luce commented this is more than a park to the residents in the area.  She read a letter she wrote asking the Council to follow through with building the park prior to removing this one.  She then asked that the vote be postponed until after the neighborhood meeting.    Resident Tadd Derrick mentioned that residents are worried about being able to maintain their quality of life as growth moves forward.  He does not want to lose the park until the replacement is built.   Resident Emily Murphy noted she is a resident as well as a realtor.  She asked the Council to delay the vote until the neighbors have a look at what is being built.    Mayor Pike explained that a neighborhood meeting will give the City a chance to show residents what the entire project will look like.  He noted there will be residential, not just commercial.  The developer and the City will be very involved as there is a development agreement.     Resident Diane Braithwaite mentioned that she has lived on Lava Flow for eleven (11) years.  She is not against the bicycle skills park; however, she is against it being in the proposed area.  This is a floodplain so she believes it will be washed away one day.  She asked what Open Space (OS) is and why this is allowed in a residential zone.   Planning & Zoning Manager John Willis explained the Open Space (OS) does permit for parks and recreation.  He added that most of this property is zoned R-1-10 which would allow for a bicycle skills park with a conditional use permit.   Mayor Pike noted that the City does not have too many parcels with 80 acres to build a bicycle skills park.  The plans have been done with flood potential in the area.    CONSENT CALENDAR: City Manager Adam Lenhard explained how a consent calendar works.  He pointed out item 2d should read to award the bid to Western Rock Products.  He then asked the Council if they would like to remove any of the items to discuss.   a.         Consider approval of the financial report for March, 2018.   b.         Consider approval of the minutes from the meeting held on April 19, 2018.     St. George City Council Minutes May 3, 2018 Page Three   c.         Consider award of bid to Interstate Rock Products for the Ledges Roundabout Modifications.   d.         Consider award of bid to Western Rock Products for the Dixie Drive/Airport parking improvements.          e.         Consider award of bid for the Commerce Drive Waterline Extension project.   f.          Consider approval of a Professional Services Agreement with Conservation Technix, Inc for the St. George Parks and Recreation Master Plan Update.   g.         Consider approval of a local consent for Wingers located at 188 South River Road.   MOTION:      A motion was made by Councilmember Bowcutt to approve the consent calendar as presented. SECOND:        The motion was seconded by Councilmember Randall. VOTE:             Mayor Pike called for a vote, as follows:   Councilmember Hughes – aye Councilmember Randall – aye Councilmember Bowcutt – aye Councilmember Baca – aye           The vote was unanimous and the motion carried.   PUBLIC HEARING/2018-19 ANNUAL ACTION PLAN FOR THE CDBG PROGRAM: Public hearing and consider approval of the 2018-19 Annual Action Plan for the Community Development Block Grant (CDBG) program.   Erich Chatham with Civitas Consulting provided a PowerPoint presentation covering the following topics: 2018 Action Plan anticipated funds; Citizen participation events; Consolidated Plan – priority needs; Action Plan: goals; Action Plan: CDBG Projects & funding; CDBG Projects: public facilities & infrastructure; CDBG Projects: public services; and HUD submission.    Mayor Pike opened the public hearing.  There being no comment, he closed the public hearing.    MOTION:      A motion was made by Councilmember Hughes to approve the 2018-19 Annual Action Plan for the CDBG program and proposed budget review. 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 St. George City Council Minutes May 3, 2018 Page Four   Councilmember Bowcutt – aye Councilmember Baca – aye           The vote was unanimous and the motion carried.     PUBLIC HEARING/ORDINANCE/GENERAL PLAN AMENDMENT:  Public hearing and consideration of an ordinance changing the General Plan from Low Density Residential (LDR) and Open Space (OS) to Commercial (COM) on 0.50 acres located at approximately 850 North Valley View Drive.   Planning & Zoning Manager John Willis presented the request to change the General Plan from Low Density Residential (LDR) and Open Space (OS) to Commercial (COM) on 0.50 acres located at approximately 850 North Valley View Drive.  He presented a PowerPoint presentation covering the following topics:  zoning map; current general plan; general plan amendment exhibit.  The Planning Commission recommended approval.   Mayor Pike opened the public hearing.  There being no comment, he closed the public hearing.   MOTION:      A motion was made by Councilmember Baca to change the General Plan from Low Density Residential (LDR) and Open Space (OS) to Commercial (COM) on 0.50 acres located at approximately 850 North Valley View Drive. SECOND:        The motion was seconded by Councilmember Hughes. VOTE:             Mayor Pike called for a roll call vote, as follows:   Councilmember Hughes – aye Councilmember Randall – aye Councilmember Bowcutt – aye Councilmember Baca – aye           The vote was unanimous and the motion carried.   PUBLIC HEARING/ORDINANCE/GENERAL PLAN AMENDMENT: Public hearing and consideration of an ordinance changing the General Plan from Low Density Residential (LDR) to Commercial (COM) on 2.31 acres located at the southeast corner of Dixie Drive and 600 West.   Planning & Zoning Manager John Willis presented the request to change the General Plan from Low Density Residential (LDR) to Commercial (COM) on 2.31 acres located at the southeast corner of Dixie Drive and 600 West.  He presented a PowerPoint presentation covering the following topics:  aerial map; general plan: LDR & COM; zoning: R-1-10; and photos of the area.  The Planning Commission recommended approval.     St. George City Council Minutes May 3, 2018 Page Five   City Manager Adam Lenhard mentioned a letter received from a resident regarding this request.   Mayor Pike opened the public hearing.    Resident Chris Fee noted there were several residents who were in opposition at the Planning Commission; he felt they were not heard so they didn’t show up tonight.  He is concerned with increased traffic.    Resident Rod Price commented that the Planning Commission did not listen to them.  He does not want to see increased traffic and asked the Council to consider the type of commercial.   Mayor Pike explained this is a general amendment, not a zone change.  Uses and types of commercial are not discussed at this time.       Resident Sue Wilson mentioned that the entire neighborhood is frustrated.  She hopes the Council will look at how traffic will flow.   City Manager Adam Lenhard clarified this is not a zoning decision; it will remain R-1-10 until the applicant returns with a zone change request.    Mayor Pike closed the public hearing.   Councilmember Hughes stated he is concerned that this is an odd intersection.     MOTION:      A motion was made by Councilmember Randall to change the General Plan from Low Density Residential (LDR) to Commercial (COM) on 2.31 acres located at the southeast corner of Dixie Drive and 600 West. SECOND:        The motion was seconded by Councilmember Bowcutt. VOTE:             Mayor Pike called for a roll call vote, as follows:   Councilmember Hughes – nay Councilmember Randall – aye Councilmember Bowcutt – aye Councilmember Baca – nay Mayor Pike – aye           The motion carried.   Mayor Pike noted the residents may like “office neighbors” better than a more dense residential situation.   PUBLIC HEARING/ORDINANCE/GENERAL PLAN AMENDMENT: Public hearing and consideration of an ordinance changing the General Plan from Low Density Residential (LDR) to Medium Density Residential (MDR) on 15 acres generally located north of Curly Hollow Drive, east of Tonaquint Intermediate School. St. George City Council Minutes May 3, 2018 Page Six   Planning & Zoning Manager John Willis presented the request to change the General Plan from Low Density Residential (LDR) to Medium Density Residential (MDR) on 15 acres generally located north of Curly Hollow Drive, east of Tonaquint Intermediate School.  He presented a PowerPoint presentation covering the following topics:  aerial map; current zoning and hillside overlay; current general plan land use; applicant’s exhibit; and photos of the property.  The Planning Commission recommended approval.  He added that there tends to be soil issues in this area.      Mayor Pike opened the public hearing.    Applicant Geary Brown noted he has owned the property for quite a while; they understand there is blue clay.  He noted that they are trying to help this community and explained that he is not quite sure how many units there will be.        Mayor Pike closed the public hearing.   MOTION:      A motion was made by Councilmember Hughes to amend the General Plan from Low Density Residential (LDR) to Medium Density Residential (MDR) on 15 acres generally located north of Curly Hollow Drive, east of Tonaquint Intermediate School. 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 Baca – aye           The vote was unanimous and the motion carried.   PUBLIC HEARING/ORDINANCE/AMEND GENERAL PLAN FOR THE TONAQUINT LAND USE PLAN AREA: Public hearing and consideration of an ordinance amending the General Plan for the Tonaquint Land Use Plan area to relocate areas of Low Density Residential (LDR), Medium Density Residential (MDR), and Open Space (OS) on approximately 1,200 acres located at the end of Curly Hollow Drive at approximately 1400 West.   Planning & Zoning Manager John Willis presented the request to amend the General Plan for the Tonaquint Land Use Plan area to relocate areas of Low Density Residential (LDR), Medium Density Residential (MDR), and Open Space (OS) on approximately 1,200 acres located at the end of Curly Hollow Drive at approximately 1400 West.  He presented a PowerPoint presentation covering the following topics: aerial map; zoning; current Tonaquint Area Land Use Plan; applicant’s proposal; Tonaquint Area Land Use summary; and proposed overlay on current vs. current GPA.  The Planning Commission recommended approval.     St. George City Council Minutes May 3, 2018 Page Seven   Mayor Pike opened the public hearing.  There being no comment, he closed the public hearing.   MOTION:      A motion was made by Councilmember Baca to approve the ordinance amending the General Plan for the Tonaquint Land Use Plan area to relocate areas of Low Density Residential (LDR), Medium Density Residential (MDR), and Open Space (OS) on approximately 1,200 acres located at the end of Curly Hollow Drive at approximately 1400 West.    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 Baca – aye           The vote was unanimous and the motion carried.   Mayor Pike called for a brief recess.    ORDINANCE/AMEND PLANNED DEVELOPMENT COMMERCIAL ZONE: Consider approval of an ordinance amending the existing Planned Development Commercial (PD-C) zone on approximately 1.50 acres generally located at the northeast corner of the intersection at Pioneer Road and Sun River Parkway.   Planning & Zoning Manager John Willis presented the request to amend the existing Planned Development Commercial (PD-C) zone on approximately 1.50 acres generally located at the northeast corner of the intersection at Pioneer Road and Sun River Parkway.  He presented a PowerPoint presentation covering the following topics:  site plan; denied fuel canopy; updated fuel canopy; updated canopy design; current and proposed elevations; and materials board.    Applicant Scott McCall mentioned they voluntarily removed the “beer” reference on the signage.  He outlined their proposal as presented by Mr. Willis.    City Attorney Shawn Guzman clarified that the applicant has volunteered to a restriction prohibiting the advertisement of beer sales on the outside of the building or premises, so if the Council wishes to include that restriction, it will need to be included in the motion.   Mayor Pike noted the public hearing was closed at the previous meeting; therefore, there will not be a public hearing tonight.   After comments were made by the audience about not having another public hearing, City Attorney Shawn Guzman explained that the Planning Commission is a recommending body; the Council can approve or change their recommendation.    St. George City Council Minutes May 3, 2018 Page Eight   Mayor Pike noted the Planning Commission recommended approval of the previous request.  The Council went further and requested changes.  He stated this is not a violation of the City’s ordinance.    City Attorney Shawn Guzman added if it was previously denied and the Council directed the applicant to bring it back, then he feels they are okay with making a decision tonight.    MOTION:      A motion was made by Councilmember Hughes to reconsider and approve this item with the modified canopy  and the signage as presented today. 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 Baca – nay           The motion carried.   RESOLUTION/PRELIMINARY FISCAL YEAR 2018-2019 BUDGET: Consider approval of a resolution accepting and adopting the Preliminary Fiscal Year 2018-2019 Budget of the City of St. George and to set the date(s) for the required public hearings.   City Manager Adam Lenhard noted the preliminary budget is subject to change.  The General Fund budget is approximately $73 million.  He noted there is no proposed property tax increase this year.  He outlined some of the priorities for the year.   Budget and Financial Planning Manager Deanna Brklacich thanked everyone involved in putting the budget together.  She explained state law requires the preliminary budget to be adopted the first meeting in May.  She recommended setting public hearings for June 7th and June 21st with the adoption of the final budget on June 21st.  She noted that the Council will discuss the budget at upcoming work meetings.   The Council discussed the requested positions in the Police and Fire Departments.   MOTION:      A motion was made by Councilmember Baca to approve the preliminary fiscal year budget 2018-2019 as presented and to set the public hearings as requested on June 7th and June 21st. 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     St. George City Council Minutes May 3, 2018 Page Nine   Councilmember Bowcutt – aye Councilmember Baca – aye           The vote was unanimous and the motion carried.   CONDITIONAL USE PERMIT:  Consider approval of a conditional use permit to construct a linear bicycle skills park on in the vicinity of Lava Flow Drive, east of Snow Canyon High School.   Planning & Zoning Manager John Willis presented the request for a conditional use permit to construct a linear bicycle skills park on in the vicinity of Lava Flow Drive, east of Snow Canyon High School.  He presented a PowerPoint presentation covering the following topics:  zoning map; site plan.  The Planning Commission recommended approval with findings. Parks Planner Mark Goble showed and outlined a concept plan.  They hope to hold events at this park; a 6-mile loop is needed.  This site is very compatible as there are 1,000 parking spaces at the schools that can be utilized.  He showed and outlined phase 1 and explained that most of the improvements are outside of the 500-year floodplain after which he showed photos of examples of the proposed features.  They do not plan on disturbing the existing trail.  Back in 2017 they held a meeting with the public to vote on the amenities.  He stated there will be some noise; dust will be controlled; re-vegetation will occur; there will not be any odors; there will be minimal impact to the existing site and vegetation; the skills area will flow with the natural contours of the site without much disturbance; and off street parking will be offered.  There will be traffic - events will need to have traffic control.  Hours of operation will be from sunrise until 10:00 p.m. – there will be no lights except for the restroom pavilions.  He feels the positive impacts outweigh the negative impacts.  This is something for kids to do to keep them active.  Parking is proposed to be off Lava Flow; it will be paved in the second phase.  There is a possibility of a playground in the future.  The nearest home is approximately 50’ away.  He has not met with any of the citizens against the proposal; however, a public meeting was held that they could have attended.   City Attorney Shawn Guzman noted with regards to liability, this proposal is similar to having diving boards at the pools.  They are designed to appropriate standards; every risk cannot be eliminated.  This park was designed is according to national standards to address situations.  He feels comfortable with the design.       Mr. Goble commented that he anticipates 1-2 events per year.   Support Services Director Marc Mortensen stated Utah has the largest group of children participated in this organization.  There is a need for a facility such as this.    Mayor Pike noted when RAP tax was being discussed, this proposal was one of the items the Council listed to use the funds for.         St. George City Council Minutes May 3, 2018 Page Ten   Councilmember Hughes stated there are a lot of different venues and events in the City; some people may oppose something that others take part in.  The City has something for everyone.    Councilmember Baca commented this is really positive for the community.   Mayor Pike noted that there will be traffic and parking concerns at times; staff will watch the traffic and address the issues.  On a day to day basis, if approved, this will be a fun place for families to spend time together.   MOTION:      A motion was made by Councilmember Baca to approve the conditional use permit to construct a bicycle skills park as outlined and articulated. 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 Baca – aye           The vote was unanimous and the motion carried.    HILLSIDE DEVELOPMENT PERMIT: Consider approval of a hillside development permit.    Assistant Public Works Director Wes Jenkins presented the request for a hillside development permit to allow for the development of a proposed single family residential development located at approximately 2915 East Banded Hills Drive.  He presented a PowerPoint presentation covering the following topics:  aerial map; slope map; and grading plan.  The Planning Commission recommended approval.   MOTION:      A motion was made by Councilmember Randall to approve the hillside development permit. 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 Baca – aye           The vote was unanimous and the motion carried   FINAL PLAT: Consider approval of the final plat for Aspen Estates Phase 4.   Assistant Public Works Director Wes Jenkins presented the final plat for Aspen Estates Phase 4, a 12-lot residential subdivision located at 3140 East and Red Cedar Drive; St. George City Council Minutes May 3, 2018 Page Eleven   zoning is R-1-10 (Single Family Residential 10,000 SQ/FT minimum Lot size).   He showed and outlined the preliminary plat.  The Planning Commission recommended approval.   MOTION:      A motion was made by Councilmember Randall to approve the final plat for Aspen Estates Phase 4. 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 Baca – aye           The vote was unanimous and the motion carried.   FINAL PLAT: Consider approval of the final plat for Painted Desert Estates Phase 7.   Assistant Public Works Director Wes Jenkins presented the final plat for Painted Desert Estates Phase 7, a 16-lot residential subdivision located at approximately 1450 East 2250 South; zoning is PD-R (Planned Development Residential).  He showed and outlined the final plat.  The Planning Commission recommends approval.   MOTION:      A motion was made by Councilmember Randall to approve the final plat for Painted Desert Estates Phase 7. 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 Baca – aye           The vote was unanimous and the motion carried.   FINAL PLAT: Consider approval of the final plat for Sequoia Estates Phase 5.   Assistant Public Works Director Wes Jenkins presented the final plat for Sequoia Estates Phase 5, ,a 27-lot residential subdivision located at Holly Drive and Marblewood Drive; zoning is R-1-8 (Single Family Residential 8,000 SQ/FT minimum Lot size).  He showed and outlined the final plat.  He showed and outlined the final plat.  The Planning Commission recommends approval.   MOTION:      A motion was made by Councilmember Randall to approve the final plat for Sequoia Estates Phase 5. SECOND:        The motion was seconded by Councilmember Baca. St. George City Council Minutes May 3, 2018 Page Twelve   VOTE:             Mayor Pike called for a vote, as follows:   Councilmember Hughes – aye Councilmember Randall – aye Councilmember Bowcutt – aye Councilmember Baca – aye           The vote was unanimous and the motion carried.   FINAL PLAT: Consider approval of the final plat for Sequoia Estates Phase 6.   Assistant Public Works Director Wes Jenkins presented the final plat for Sequoia Estates Phase 6, a 21-lot residential subdivision located at Tanoak Drive and Marblewood Drive; zoning is R-1-8 (Single Family Residential 8,000 SQ/FT minimum Lot size).  He showed and outlined the final plat.  The Planning Commission recommends approval.   MOTION:      A motion was made by Councilmember Bowcutt to approve the final plat for Sequoia Estates Phase 6. 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 Baca – aye           The vote was unanimous and the motion carried.   AMEND FINAL PLAT: Consider approval to amend the final plat for Stone Cove Phase 2.   Assistant Public Works Director Wes Jenkins presented the request is to amend the final plat for Stone Cove Phase 2 located at 2520 East 1480 South; zoning is R-1-10 (Single Family Residential 10,000 SQ/FT minimum Lot size).  He showed the final plat and explained the purpose of the amendment is to change Note 8 to read “Lots 24 and 25 are to built as ‘walkout basements’ only, unless otherwise approved by the City of St. George Community Development Department based on a site plan that meets all applicable City standards, including, but not limited to, grading and setback standards and requirements”.  The Planning Commission recommends approval.   MOTION:      A motion was made by Councilmember Hughes to amend the final plat for Stone Cove Phase 2, specifically Note 8. SECOND:        The motion was seconded by Councilmember Baca. VOTE:             Mayor Pike called for a vote, as follows:     St. George City Council Minutes May 3, 2018 Page Thirteen   Councilmember Hughes – aye Councilmember Randall – aye Councilmember Bowcutt – aye Councilmember Baca – aye           The vote was unanimous and the motion carried.    PRELIMINARY PLAT: Consider approval of the preliminary plat for Redhawk.   Assistant Public Works Director Wes Jenkins presented the preliminary plat for Redhawk, a 19-lot residential subdivision located along Dinosaur Crossing Drive just south of 2450 East; zoning is PD-R (Planned Development Residential).  He showed and outlined the preliminary plat.  The applicant will need to annex into the Grayhawk association so that residents can use the amenities.  Additionally, they requested a 20’ setback with a 25’ alley way.  The Planning Commission recommends approval.   MOTION:      A motion was made by Councilmember Hughes to approve the preliminary plat for Redhawk. SECOND:        The motion was seconded by Councilmember Randall. VOTE:             Mayor Pike called for a vote, as follows:   Councilmember Hughes – aye Councilmember Randall – aye Councilmember Bowcutt – aye Councilmember Baca – aye           The vote was unanimous and the motion carried.   PRELIMINARY PLAT: Consider approval of the preliminary plat for Sentieri Canyon at The Lakes.   Assistant Public Works Director Wes Jenkins presented the preliminary plat for Sentieri Canyon at The Lakes, a 50-lot residential subdivision located along the proposed Sentieri Vista Drive which is west of the intersection of Sunbrook Drive and Plantations Drive; zoning is R-1-10 (Single Family Residential 10,000 SQ/FT minimum Lot size).  He showed and outlined the preliminary plat.  The Planning Commission recommends approval.   MOTION:      A motion was made by Councilmember Hughes to approve the preliminary plat for Sentieri Canyon. 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 Baca – aye St. George City Council Minutes May 3, 2018 Page Fourteen   The vote was unanimous and the motion carried.   PRELIMINARY PLAT:  Consider approval of the preliminary plat for Banded Hills.   Assistant Public Works Director Wes Jenkins presented the preliminary plat for Banded Hills, an 11-lot residential subdivision located along Banded Hills Drive just east of Copper Cliffs Drive and 3000 East; zoning is R-1-10 (Single Family Residential 10,000 SQ/FT minimum Lot size).  He showed and outlined the preliminary plat.  The Planning Commission recommends approval.   MOTION:      A motion was made by Councilmember Randall to approve the preliminary plat for Banded Hills. SECOND:        The motion was seconded by Councilmember Baca.3 VOTE:             Mayor Pike called for a vote, as follows:   Councilmember Hughes – aye Councilmember Randall – aye Councilmember Bowcutt – aye Councilmember Baca – aye           The vote was unanimous and the motion carried.   APPROVAL TO DONATE OR INCLUDE PARK AS PART OF THE TECH RIDGE LLC PHASE 1 DEVELOPMENT: Consider approval to donate or include Black Hill View Park as part of the Tech Ridge LLC Phase 1 development.   MOTION:&nb...

...the Blake's property developed with a quality development and adequate parking. He advised that the group home on 700 East currently does not have adequate parking and has only three parking spaces, when eight is required. He stated he was anxious to see the area protected, as its nature has remained R-1. He stated that rezoning now will prevent major problems with inner-city decline currently being experienced in Orem, Provo, Ogden, and other major cities. Marguerite Christopherson, a resident of Elmwood Townhomes, questioned why her development was left out of the boundaries of the proposed zone change. Community Development Director Bob Nicholson explained that all PDs were excluded from the zone change as they were already zoned for multiple housing. Edna Hinkey advised that sufficient off-street parking to meet the requirements of the ordinance will be provided for the group home, and requested that it be excluded from the zone change. Carol Gubler, a property owner in the downtown area, requested that homes facing south on 100 South be included in the zone change to preserve the homes on both sides of this street. Darren Aiken, a resident of the downtown area, commented he was in favor of the zone change to protect the area. Marcia Stucki, a resident of the downtown area, advised that her home on the corner of 100 South and 400 East recently burned, and it will have to be completely demolished. She commented she would like the option of building duplexes on the site, as that is the best use of her property. Council Member Gardner commented he would hate to see Ms. Stucki's home demolished and inquired if there were a way for the City to become involved in its restoration, perhaps through a historical preservation grant. St. George City Council Minutes September 5, 2002 Page Eight Jim McArthur advised that the City of Riverdale has been using RDA funds for the past 2 ? years for residential rehabilitation and restoration. He suggested there were some areas of the downtown which might be financially affected by the downzoning. He inquired if it would be possible to purchase open spaces within blocks, such as the Blake property, make them a part of the RDA, and then make them available to private developers to build single family homes on the property. Pam Wall, a resident of the downtown area, stated she was grateful that as a single parent she was able to rent a single family home for her children. She commented that parking was not an issue for people who lived in other areas of the City, and property in St. George is so expensive that single parents can usually only afford to buy a townhome. She commented that townhomes will not make the area less appealing, and the group home is a blessing to the area. Glynnis Sylvester commented she was opposed to the zone change as she owned a large lot adjacent to the Blake property. Ira Hodges, a resident of the downtown area and an architect and planning consultant, advised that other cities which are experiencing problems in their downtowns are downzoning, and the downzone is a tool of implementation of all the goals and objectives of the master plan. A vote of confidence in the master plan can be made by voting for this implementation tool. Georgia Barker advised that nice homes in the downtown area are being bought by investors who have no desire to live in them, but only to rent them out and drive others out of the neighborhood. Area residents want young families who will own and occupy the homes. She expressed hope that the City Council would follow the master plan, and commentd that the downzoning is good for the City. Miriam Blake commented she was told by real estate people that if the area zoning changes to R-1-8, she would have no chance of getting 12 units on her property, which is what she wants. She stated the downzone would cause her great hardship. There being no further public comment, Mayor McArthur closed the public hearing. Council Member Gardner commented the debate is between private and public property issues, and he inquired if there were a way to exclude the Blake property or approve the zone change request recognizing there has been a request for a PD for the property. Mayor McArthur commented this would then have to be done for every piece of vacant property in the City, and would not accomplish the purpose for which the zone change has been requested. If the City Council were to do that, there would be no need for the zone change. Council Member Gardner commented that the purpose of development of the Blake property is for a PD, not apartments or duplexes. Council Member Whatcott commented if the Blake property were not included in the zone change, they could then sell the property and apartments could be built on it. Community Development Director Bob Nicholson advised that a neighborhood redevelopment agency could be created for the residential area, but the problem is the difference in funding between the present and new valuation. Additionally, the City is two years away from being declared an entitlement city and eligible for $500,000 annually. Council Member Gardner commented he was not bothered by development in the middle of blocks. He stated he was supportive of the zone change to R-1-8, but willing to honor some sort of request by the Blake family for a PD in the future. Mayor McArthur commented that filling in the middle of the blocks increases the density, and in ten to fifteen years, this is where all the rentals will be. St. George City Council Minutes September 5, 2002 Page Nine Jim McArthur commented that on the west side of the downtown area 40% of the condos are now rentals, and this is the point the Neighborhood Committee is trying to make. Council Member Isom made a motion to allow property which is currently zoned R-1-8 to remain that way, and property which is zoned R-2 to remain that way, at the owner's discretion. The motion died for lack of a second. A motion was made by Council Member Gardner to approve the zone change to R-1-8, with an effort by the City to protect the historic George Seegmiller property either through discretionary funds for mitigation of any asbestos or some other method, and excluding the former group home on 700 East with a grandfathered use as a group home. Additionally, the Blake property is included in the zone change, but with a willingness to look at a PD on the property. The motion was seconded by Council Member Allen. Mayor McArthur called for a vote, as follows: Council Member Gardner - aye Council Member Allen - aye Council Member Isom - no Council Member Whatcott - aye The motion carried. Mayor McArthur called for a five minute break. Community Development Director Bob Nicholson commented that with regard to the group home, grandfathering its use implies the group home use is going on today, and in fact the home is vacant. He clarified that the action would allow the home to continue to be used as a duplex home. PUBLIC HEARING: Public hearing to consider comments and input regarding a proposed water conservation plan for the City of St. George. Mayor McArthur commented he would prefer the entire City Council be present when rates are discussed. Council Member Whatcott commented that he had no problem with tabling the matter, as long as the rate structure was not proposed at the next meeting as it should first be discussed in multiple work meetings. Carol Sapp, a member of the Advisory Council, commented she had no problem with the matter being tabled. A motion was made by Council Member Whatcott and seconded by Council Member Isom to table the matter. Mayor McArthur called for a vote, as follows: Council Member Whatcott - aye Council Member Isom - aye Council Member Allen - aye Council Member Gardner - aye The vote was unanimous and the motion carried. ADJOURN TO EXECUTIVE SESSION: A motion to adjourn to an executive session was made by Council Member Isom and 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 Gardner - aye Council Member Whatcott - aye The vote was unanimous and the motion carried. St. George City Council Minutes September 5, 2002 Page Ten RECONVENE: A motion to reconvene was made by Council Member Isom and seconded by Council Member Allen. Mayor McArthur called for a 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. CONDITIONAL USE PERMIT: Consider a request for approval of a conditional use permit for an RV park in a Mobile Home zone north of 2000 South and east of 2580 East Street in the Little Valley area. City Attorney Ron Read explained he was instructed by the City Council to obtain a legal opinion as to the applicant's vested rights, and that legal opinion has been received from Jody Burnett. The City concurs that the applicant has vested rights in a mobile home park, and possibly in an RV park. The RV park, however, is contingent upon obtaining a conditional use permit. Based upon the City's ordinances and the fact that the property is currently zoned MH, there is an application pending for an RV park, and an application for an excavation and grading permit for the mobile home park if the conditional use permit for the RV park is not granted. Mr. Larson presented plans to build a mobile home park on August 27, 2002 at the Planning Review meeting, and those rights are vested. The City Council must decide which of the two uses is best for the City. He recommended that a final decision not be made tonight, and that staff work with Mr. Larson to enter into a development agreement to address all the issues. Mayor McArthur commented the issues to be addressed were sewer, water, streets, open space, and setbacks to address concerns of the neighbors, planning in the area, and the health, safety and welfare of the community. City Attorney Ron Read advised that access roads under the City's concurrency standards must be finished to a 32' width of asphalt all the way to 3000 East and then north clear around the hill. It is recommended that sewer be free flow into the fields rather than into the Special Improvement District. Setbacks for the transition area between the stockyards around the perimeter are recommended to be another 30' in depth, with a landscape strip, wall, or possibly a berm. Council Member Isom commented that an equestrian trail would also be required. Council Member Gardner commented it was evident the applicant has vested rights in the project, yet the community would ask if there is any way to work with the developers on other options, and if so, they should be pursued. An option discussed with the applicant was for a higher density residential zone more compatible with the surrounding neighborhood. Council Member Isom made a motion to instruct the applicant to meet with staff and enter into a development agreement. City Attorney Ron Read advised that for the record, the road issues include completion and dedication of at least 32' in width, and improving the 32' width from the project east to 3000 East and then north along the road to where the additional width already exists at Stonecliff. With regard to sewer, the applicant is working with St. George and Washington in separate agreements, but perhaps this could be made a part of the development agreement. The applicant's commitment is almost $150,000 to participate in a portion of the 12" line, and then he will bring an 8" line into his development. Discussion needs to be held on the transition area to create a space between the project and the property owners to the west. Some direction from Council is needed to address street sides to the south and east, and also the equestrian trail. Council Member Allen commented she would rather see berming than a landscape strip which could be just cactus. St. George City Council Minutes September 5, 2002 Page Eleven Mr. Nicholson advised that the project proposes to have a wall around three sides. City Attorney Ron Read commented that the City Council can set conditions for the conditional use permit, and it is then up to the applicant if he wants to meet them. Mayor McArthur commented that a transition area is appropriate, and staff would like to work with the developers in other areas too to come up with a more traditional form of subdivision, if possible. Council Member Gardner commented that in some agricultural areas, official notification is required so that when people move into an area where farming activities are taking place, the people are aware of those impacts and agree that they will not force agricultural activities out of the area. Council Member Isom commented that since the owner already owns the property, deed restrictions cannot be made, but the conditions can be made part of the development agreement. City Attorney Ron Read advised that the applicant is willing to have something in the leases that would terminate the lease if the lessee objected to the adjacent zoning. Council Member Allen seconded the motion previously made by Council Member Isom. Council Member Gardner clarified that the development agreement must include the issued discussed. City Attorney Ron Read advised that the development agreement pertains to the RV park, not the mobile home park. Mayor McArthur called for a 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. Curtis Jensen commented that it was clear his client had a vested right in the RV park through a conditional use permit, but if discussions are not fruitful or there is resistance, his client has the option to develop a mobile home park. PUBLIC TRANSPORTATION PROGRAM: Consider approval of a public transportation program for the City of St. George. Public Works Director Larry Bulloch displayed a map to illustrate the proposed routes, and advised stops would be made with a one hour frequency, Monday through Friday, serving the general area which is being served today. The proposed plan reduces the cost, and is identified as Option No. 2. There will be one bus to serve ADA needs, and also on-demand service if the schedule can be kept. Mr. Bulloch advised that Five County Association of Governments will continue to operate the service through the end of the calendar year if the City contributes $10,000 each month. The City would take over the system in January, 2003. Council Member Isom inquired how soon Bloomington and Bloomington Hills would be served as part of the system. Mr. Bulloch responded that service to Bloomington and Bloomington Hills would require additional subsidies. Council Member Gardner stated he was disappointed that the public misunderstood the City's position. He emphasized that the system is owned by Five County Association of Governments, and they requested the City to take over the existing system as they had been running it. The City responded that it was not financially St. George City Council Minutes September 5, 2002 Page Twelve able to take over the existing system, but would look at continuing some sort of service. The City Council has determined that it wants some sort of a transportation system in the community. However, if in a year it is not moving in the right direction, the City retains the option of discontinuing the system. Council Member Allen commented the reduced system will give the City the opportunity to work it on its terms, and then it can expand and grow, rather than take on a system that it cannot afford. A motion was made by Council Member Gardner and seconded by Council Member Allen to approve Option No. 2. Mayor McArthur called for a vote, as follows: Council Member Gardner - aye Council Member Allen - aye Council Member Isom - aye Council Member Whatcott - aye The vote was unanimous and the motion carried. Council Member Whatcott inquired why the City was waiting until January 1 to take over the system. Mr. Bulloch replied it was due to logistics. The City will have to redo some of the buses, remove the wrap from the windows, change the name of the system on the buses, work out routes, hire and train personnel, and begin advertising. The bottom line cost to the City will be $123,000. This is its portion of matching funds to run the system. Other funds will also be applied for. Blaine Imlay commented he was not sure the City needed a bus system. However, if there was going to be one, he wanted to bid on it and run it himself, as the cost could be cut in half. SIGN VARIANCE: Consider a request for a variance for location of a sign in the right-of-way adjacent to St. George Motor Cars on Bluff Street. Community Development Director Bob Nicholson explained that the applicant, Darin Toone, began placement of the sign, but it has been on hold pending resolution of this matter. The City's Sign Ordinance requires that the pole support structure be located outside of the right-of-way on private property, at least 8' back from the curb. When the applicant originally took out the sign permit, the sign was going to be located further north, but due to underground utilities, it was moved further south. The applicant has received a permit from UDOT to locate the sign within its right-of-way, but this does not exempt the applicant from requirements of the Sign Ordinance. Council Member Isom inquired if any part of the sign would be lighted. She was informed that it would be. Mr. Nicholson advised that another requirement of the Sign Ordinance is that the edge of the sign be no closer than 8' to the curb. This requirement was met before installation of the deceleration lane, but now there is a setback of only 6'. The height of the sign is around 25', and iwill not be located on a street designated for monument signs only. The sign will be a video display sign, and under the City's Sign Ordinance, falls under the "animated sign" category. The Sign Review Board met a year ago and four members recommended that the Sign Ordinance be changed to prohibit animated signs. This would not include, however, electronic message-type signs, such as reader boards. Darin Toone, applicant, advised that some letters will be internally illuminated, and the electronic message center is a LED display. It has the ability to flash or pulse, and pictures of cars and prices will appear on the display, as well as the time and temperature. Mayor McArthur inquired if there were a reason for the height of the sign. St. George City Council Minutes September 5, 2002 Page Thirteen Mr. Nicholson explained that cars will be parked underneath the sign, and the sign will have to be high enough to clear adjacent trees. The current ordinance allows pole signs to be 35' in height. A motion to approve the variance was made by Council Member Isom. Mr. Draper advised that the sign will cost $100,000. The message center alone will cost $80,000. The motion was seconded by Council Member Whatcott. Ray Draper, YESCO, commented that the variance should be approved as the sign is beautiful. However, if a 6' setback is allowed, this will set a precedent. City Attorney Ron Read advised that the deceleration lane is the only reason for this variance, and each request for a variance is considered on a case-by-case basis. Mayor McArthur called for a vote, as follows: Council Member Isom - aye Council Member Whatcott - aye Council Member Allen - aye Council Member Gardner - aye The vote was unanimous and the motion carried. DUST PROBLEM: Presentation from Mr. Wes Sullivan regarding dust problems adjacent to his property in the Horsemen Park area. Wes Sullivan advised that the road in front of his property in the Horsemen Park area was dedicated 30-40 years ago, but the paperwork cannot be found. He stated he felt the City has responsibility for the dust nuisance by letting construction trucks travel the road which has resulted in his cows going blind and trees dying. Mayor McArthur advised that shredded asphalt was put on this road as a road base to help eliminate the dust problem. Mr. Sullivan advised that as a result, the dust now is black, and the road is being used more and more. Council Member Gardner inquired of Mr. Sullivan if he was asking that the road be oiled. Mr. Sullivan replied he was asking for something to keep the dust down. Public Works Director Larry Bulloch advised that the City has committed to the possibility of road improvements in this area beginning on River Road, with developers sharing in the cost of the project. The final segment of this project past Mr. Sullivan's property will be done in conjunction with the School District and will cost $145,000, however, it is not expected that this portion will be improved for at least five years. Council Member Gardner suggested that this section be done now by trading it with another portion of the project. Mr. Bulloch replied that perhaps an arrangement could be made with the School District for reimbursement when the school in this area was constructed. Mr. Sullivan stated that oiling the road would help a lot. Council Member Isom suggested that Public Works Director Larry Bulloch and Wes Sullivan work together to solve the problem. St. George City Council Minutes September 5, 2002 Page Fourteen Blaine Imlay suggested that ground-up asphalt from the reuse center be used, along with oil and cement, for an inexpensive road which would last for 10-15 years. This will eliminate the dust, and the project could be completed for $10,000. Mr. Bulloch replied a double chip seal would cost $40,000-$50,000 to do the entire length of the road. Mayor McArthur commented that staff would see what it could do. REQUEST TO MAINTAIN LANDSCAPING: Consider a request for the City to maintain landscaping on Mall Drive (80 foot right-of-way). Darcy Stewart, applicant. Gil Nicola, a resident of Santa Fe, advised that Santa Fe tore out all the grass in its landscape strip and installed stone at a cost of $10,000. Mayor McArthur advised that the recommendation from staff is that the City not maintain this landscape strip, as all the developments along Mall Drive would then want the City to maintain their landscape strips. Mr. Nicola advised in that event, there would be 20-30 entities to deal with. A motion to deny the request was made by Council Member Gardner and seconded by Council Member Allen. Mayor McArthur called for a vote, as follows: Council Member Gardner - aye Council Member Allen - aye Council Member Isom - aye Council Member Whatcott - aye The vote was unanimous and the motion carried. AIRPORT SECURITY CHANGES: Report regarding airport security changes. Airport Manager David Ulane reported that as part of new security legislation affecting airports, the federal government was to assume responsibility for airline screening by the end of this year. This is now starting to take place at smaller airports. The TSA (Transportation Security Administration) has contracted with Lockheed to review our facilities and determine what needs to be done for the transition. Lockheed reviewed the St. George Municipal Airport on July 19, analyzed the facility, and came up with a plan. He then reviewed the work plan. All changes will be funded by the TSA at no cost to the City, including closed circuit TV cameras, an explosives trace detection machine, and other new equipment. Arnell West has been selected as the contractor. There will be 11-15 federal employees performing the screening, with five to six on duty at any one time. Council Member Isom was excused from the meeting. Mr. Ulane explained that because additional office space will be required for the federal employees, the TSA will bring in a modular building for this purpose. The City will work with them to find a spot and design for a location close to the terminal. The proposed changes will provide secure but customer friendly service. PROFESSIONAL SERVICES AGREEMENT: Consider approval of a professional services agreement with Costanza PS Associates for the Blake Memorial Park design. Parks Superintendent Lynne Scott recommended approval of a professional services agreement with Costanza Associated for design services for the Blake Memorial Park on Indian Hills Drive. A request for proposals was done, with three proposals submitted. After interviews and review of the proposals, staff selected Costanza Associates. However, their proposal was quite low, and after further review with them to make sure they understood the scope of the project, they asked to renegotiate their fee. The new amount is $22,045, and staff feels this amount is St. George City Council Minutes September 5, 2002 Page Fifteen appropriate. She explained that this was not a bid proposal, but a request for services. A motion was made by Council Member Gardner and seconded by Council Member Allen to approve the agreement with Costanza Associates. Mayor McArthur called for a vote, as follows: Council Member Gardner - aye Council Member Allen - aye Council Member Whatcott - aye The vote was unanimous and the motion carried. PROPERTY DONATION AGREEMENT: Consider approval of a property donation agreement between the Blake family and the City of St. George for the Blake Memorial Park. Lynne Scott explained the subject property consists of a five acre parcel in the Pine Brook subdivision. The park will front on a street in the subdivision and back against the Santa Clara River, and will serve as a trailhead for the Santa Clara Trail. Main access to the park will be through the subdivision, and from the trail. The plan is to have the park constructed by August, 2003. A motion was made by Council Member Whatcott and seconded by Council Member Gardner to approve the property donation agreement, with thanks to the Blake family for their generous donation. Mayor McArthur called for a vote, as follows: Council Member Whatcott - aye Council Member Gardner - aye Council Member Allen - aye The vote was unanimous and the motion carried. AUTHORIZE GRANT EXPENDITURES FOR POLICE DEPARTMENT: Consider authorization of grant expenditures and purchases for the Police Department. Deputy Chief of Police Russ Peck advised the recommended expenditures were discussed in the public hearing earlier in the meeting. A motion was made by Council Member Gardner and seconded by Council Member Whatcott to authorize the grant expenditures for the Police Department as discussed earlier in the meeting. 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. APPROVAL OF MINUTES: Consider approval of the minutes of the regular City Council meeting held August 1, 2002. A motion was made by Council Member Gardner and seconded by Council Member Whatcott to approve the minutes as amended. 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. Consider approval of the minutes of the City Council work meeting held August 8, 2002. St. George City Council Minutes September 5, 2002 Page Sixteen A motion was made by Council Member Whatcott and seconded by Council Member Allen to approve the minutes as presented. Mayor McArthur called for a vote, as follows: Council Member Whatcott - aye Council Member Allen - aye Council Member Gardner - aye The vote was unanimous and the motion carried. Consider approval of the minutes of the regular City Council meeting held August 15, 2002. A motion was made by Council Member Whatcott and seconded by Council Member Allen to approve the minutes as amended. Mayor McArthur called for a vote, as follows: Council Member Whatcott - aye Council Member Allen - aye Council Member Gardner - aye The vote was unanimous and the motion carried. Consider approval of the minutes of the City Council work meeting held August 22, 2002. A motion was made by Council Member Whatcott and seconded by Council Member Allen to approve the minutes as presented. Mayor McArthur called for a vote, as follows: Council Member Whatcott - aye Council Member Allen - aye Council Member Gardner - aye The vote was unanimous and the motion carried. AUTHORIZATION TO PURCHASE PROPERTIES: Consider authorization for the City to purchase various properties within the City of St. George. Kent Garrett advised the dinosaur property consists of .551 acres, and a price of $45,000 per acre has been agreed to, for a total of $24,795. The tracks will be donated and are valued at 1.5 million dollars. A motion was made by Council Member Whatcott and seconded by Council Member Gardner to authorize purchase of the dinosaur property in the amount of $24,795. Mayor McArthur called for a vote, as follows: Council Member Whatcott - aye Council Member Gardner - aye Council Member Allen - aye The vote was unanimous and the motion carried. Kent Garrett advised that the pistol range property consists of four acres and is valued at $75,000 per acre based on its commercial value. A motion was made by Council Member Whatcott and seconded by Council Member Allen to approve purchase of the pistol range property in the amount of $75,000 per acre. Mayor McArthur called for a vote, as follows: Council Member Whatcott - aye Council Member Allen - aye Council Member Gardner - aye The vote was unanimous and the motion carried. St. George City Council Minutes September 5, 2002 Page Seventeen Kent Garrett recommended purchase of the Howard Foremaster property in the area of Riverside Drive and advised that it will be the final link in the City's trail system. A motion was made by Council Member Allen and seconded by Council Member Gardner to authorize purchase of the Howard Foremaster property. 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. ADJOURN TO EXECUTIVE SESSION: A motion to adjourn to an executive session to discuss property purchases 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 Gardner - aye The vote was unanimous and the motion carried. RECONVENE: A motion to reconvene was made by Council Member Allen and seconded by Council Member Gardner. 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. BUILDING IN MILLCREEK INDUSTRIAL PARK: A motion to do due diligence on a building located in the Millcreek Industrial Park for a possible Parks building was made by Council Member Gardner and seconded by Council M...

...otion carried. Council Member Allen reminded everyone that handicapped parking stalls are to be used by the handicapped only. AWARD OF BID: Consider award of bid for wood poles for Dixie Sun Bowl lighting. Purchasing Manager Connie Hood presented the bids received: Royal Wholesale $34,243.20 J H Baxter $36,000 McFarlane Cascade $44,480 She recommended award of the bid to the low bidder, Royal Wholesale, in the amount of $34,243.30. City Manager Gary Esplin explained that the old poles were removed because they had rotted out and were a safety hazard. Staff would like to have the new poles installed in time for the Fourth of July celebration. The poles can also be reused at another location, if necessary. The poles will be installed by City staff. MOTION: A motion was made by Council Member Orton to award the bid to the low bidder, Royal Wholesale, in the amount of $34,243.20. 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 a TV pipeline inspection system for the Wastewater Collections Division. This item was tabled. AWARD OF BID: Consider award of bid for upgrade of the Entrada pump station. Purchasing Manager Connie Hood advised that only one bid was received from Cutler Pump in the amount of $81,293.50. City Manager Gary Esplin explained that an upgrade is needed to the existing system to allow the City to pump extra water to be used for the school, Canyons Complex and new parks. The upgrade will provide more reliability and efficiency in use of reuse and irrigation water. MOTION: A motion was made by Council Member Gardner to award the bid to Cutler Pump in the amount of $81,293.50. SECOND: The motion was seconded by Council Member Whatcott. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. Mayor McArthur invited several Scouts in the audience to introduce themselves. ORDINANCE: Consider approval of an ordinance amending Title 10, Chapter 21, St. George City Code, establishing additional criteria for landmark sites. Community Development Director Bob Nicholson explained the provisions of the City?s current landmark ordinance and stated that there is very little criteria on what constitutes a landmark site. He then reviewed the proposed changes to the ordinance. Council Member Gardner inquired if the downtown committee felt the proposed changes accomplished what needed to be done. St. George City Council Minutes April 6, 2006 Page Three Gloria Shakespeare suggested that owners of landmark sites used as bed and breakfast inns be required to live on site. MOTION: A motion was made by Council Member Bunker to approve the ordinance as presented with the additional requirement that owners of a landmark site used as a bed and breakfast inn must live on site. SECOND: The motion was seconded by Council Member Allen. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. Council Member Gardner advised that someone approached him about the City helping to acquire historical homes in the downtown through a private/public partnership in order to be remodeled and geared toward residential use. This would accomplish bringing more residences downtown. Community Development Director Bob Nicholson replied that CDBG funds are limited in use for the low income. Council Member Gardner commented that some historical homes have been turned into apartments, and the suggestion seeks to find ways to convert the home back to single residence use. There are perhaps a dozen homes which would be a good candidate for this program. Mayor McArthur suggested that the Historic Preservation Commission look at this issue and come back to the City Council with a recommendation. He commented he was not sure where the City would obtain the funds for this program and this is one reason the bed and breakfast use is allowed. BEER LICENSE: Consider approval of a beer license for the Sunset West Bowling Center. Hiram A. Smith, applicant. City Manager Gary Esplin stated that staff had some concerns with the request and suggested that the item be tabled until the applicant could be present. AGREEMENT: Consider approval of a cost-sharing agreement with Dixie Downs Limited Partnership to improve Snow Canyon Parkway. City Manager Gary Esplin explained that this agreement had already been agreed to in principle and the work has been completed. A formal agreement is needed in order to collect payment from Dr. Clark. 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. AGREEMENT: Consider approval of a Millcreek O&M Services Agreement with General Electric. City Manager Gary Esplin explained that this item was a carry-over from the last meeting. An agreement with the contractor on the project, Manning, has already been approved, but it is now felt that it would be better to have a contract directly with General Electric instead. Mayor McArthur advised that dedication of the Millcreek generation facility will be held May 11. 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 revised Government and Public Affairs Project Agreement with UAMPS. City Manager Gary Esplin explained that the City has been negotiating with UAMPS for several years feeling the cost of the project was not equal to the benefit received. The City?s cost has now been lowered from $72,000 a year to $16,000 a year. Staff recommends approval, feeling that the City does benefit from the program equal to $16,000 a year. Council Member Whatcott commented he felt even $16,000 was too high. City Manager Gary Esplin replied that the agreement will reduce the City?s exposure while still working with UAMPS on a few projects with which the City needs UAMPS? help. Energy Services Director Phil Solomon commented that the smaller cities will now have to pick up a larger share of the costs of the program. The City can terminate the St. George City Council Minutes April 6, 2006 Page Four agreement if costs get out of hand. He stated he felt that $16,000 a year was a good compromise and that the City?s participation would serve to avoid contention within the organization. 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. Mr. Solomon explained that the City?s cost of $16,000 is based on everyone signing up for the project. If all don?t sign up, the City?s cost will go up. SET PUBLIC HEARINGS: Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held March 28, 2006, recommended that public hearings be scheduled for April 20, 2006 at 5:00 p.m. to consider (1) the preliminary plat for Tuscan Hills Phase 4 located at Plantations Drive off of Dixie Drive; (2) the preliminary plat for The Joshuas Phase 3 located at approximately 2000 South Tonaquint Drive, (3) a request to amend the final plat for Lakota Phase 1 to change the private ownership lots to private ownership building pads with common area located on the east side of the Snow Canyon Parkway and Dixie Downs Road intersection, and (4) a request to amend the final plat for Lakota Phase 2 to change the private ownership lots to private ownership building pads with common and limited common area located on the east side of the Snow Canyon Parkway and Dixie Downs Road intersection. MOTION: A motion was made by Council Member Orton to schedule 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. SET PUBLIC HEARINGS: Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held March 28, 2006, recommended that public hearings be scheduled for May 4, 2006 at 5:00 p.m. to consider (1) a request to amend the General Plan Land Use Map to change the land use designation of Open Space to Very Low Density Residential on property located west of Tonaquint Drive, south of the Tonaquint Terrace Subdivision, and north/northwest of the Estates of Bloomington Subdivision, (2) a zone change request from OS to R-1-40 on 93.51 acres located west of Tonaquint Drive, south of the Tonaquint Terrace Subdivision, and north/northwest of the Estates of Bloomington subdivision, (3) a zone change request from R-1-10 and PD Residential to R-1-8 on 22.82 acres located at approximately 700 South and Dixie Drive, and (4) a zone change request from A-1 to R-1-10 on 4.61 acres located at 2110 East and approximately 2650 South. MOTION: A motion was made by Council Member Bunker to schedule 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. City Manager Gary Esplin commented that with regard to the zone change for the old Green Valley Golf Course area, issues with platting of the subdivision need to be resolved prior to the public hearing. The matter may have to be pulled from the agenda if the issues can?t be resolved. FINAL PLAT: Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held March 28, 2006, recommended approval of the final plat for Stone Cove Phase 2 located at 2520 East 1450 South. Brad Brown is the applicant. MOTION: A motion was made by Council Member Gardner 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. FINAL PLAT: Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held March 28, 2006, recommended approval of the final plat for Kachina Springs East Phase 2 Amended and Extended located on Entrada Trail off of Snow Canyon Parkway. Richard Allen is the representative. MOTION: A motion was made by Council Member Gardner to approve the final 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: Assistant Planner Ray Snyder explained that the Planning Commission, at its meeting held March 28, 2006, heard a request for a lot split to divide one parcel located between 306 and 420 South 100 West into two lots. The property is zoned RCC. The applicant is Brad Oliverson. The resulting lots would be 6,228 sq. ft. and 8,772 sq. ft. The lot is 66' wide. Under the City?s Subdivision Ordinance, the staff portion of a flag lot is required to be 25' wide. The applicant proposes an 18' wide staff portion, comprising 10' plus an additional St. George City Council Minutes April 6, 2006 Page Five 8' of the sideyard setback. The Planning Commission recommended approval, feeling that exceptional conditions exist due to the 66' wide lot which is common in the downtown area, subject to the following conditions: (1) process a cross access (reciprocal access) agreement to be reviewed and approved by the City Attorney?s office, (2) maintain an 18' wide minimum asphalt paved driveway to serve both lots, (3) submit a record of survey to the City Surveyor, (4) provide separate deeds for each created parcel, (5) in addition to the legal descriptions on the record of survey, provide the City a separate 8.5 x 11 legal description for each parcel, (6) a 10' utility and drainage easement to be located along the frontage of 100 West Street and a 7.5' utility and drainage easement shall follow the sides and rear of each lot created, (7) a utilities and drainage easement shall be completed, notarized and recorded, and (8) the applicant shall submit for review all legal documents to the City Attorney?s office. One home is proposed to be located behind the other, with driveway access shared between the two homes. The applicant will have to provide easements all around the property, as well as a cross access agreement to accommodate use of 8' of the sideyard setback for the driveway. Two parking spaces for each single family home are required, one of which must be covered. The applicant proposes a two car garage for each home. Two guest parking spaces are also shown, although not required. On any lot in the RCC zone less than 8,000 sq. ft., new architectural design standards must be met, however, this is not a condition of the lot split. A conditional use permit is not required, but staff would make sure the project meets the RCC zone requirements. 50% of the front of the homes are proposed for front porches. Council Member Whatcott inquired if cars would be allowed to park on the 8' side setback used as a driveway. Mr. Snyder replied that the area would have to be kept open and cars could not park on it. Council Member Whatcott commented that the driveway leading into the garage is only about 8-10 feet, and not long enough on which to park a car. If a vehicle were parked in front of the garage, its rear end would extend into the driving area and block access to the home behind. City Attorney Shawn Guzman inquired who would own the two guest parking spaces. Mr. Snyder replied that the guest parking spaces are shown as part of the second lot. City Attorney Shawn Guzman inquired if the guest parking spaces were part of the easements. Mr. Snyder replied that they could be part of the easement. Ken Miller, representing the applicant, commented that parking for the first unit would have to be limited to parking within the garage itself and not in the driveway, or the garage would have to be moved back. Mayor McArthur commented it would be easier to require enough space to park a car, as the plan as presented will present a problem for whoever buys the home. Mr. Miller commented that the homes are intended to be owner occupied. Mayor McArthur commented that the City did not want to create problems for the neighborhood, and inquired if the applicant was willing to make changes to the project. Mr. Miller replied that he would have to see if he could squeeze anything more out of the project. With regard to parking, there will be an overlay easement on the entire driveway and parking areas so that both owners would be able to use the additional parking even though it is located on the second lot. Both homes will face the street and the garages will be located on the back side. Council Member Bunker inquired about common area. Mr. Miller replied that both units have landscaped areas and yards. MOTION: A motion was made by Council Member Gardner to approve the lot split. Gloria Shakespeare commented that building homes behind homes is not the intent or purpose of RCC zoning. RCC zoning was compared to the Sugarhouse area, and in the Sugarhouse area there are no homes behind homes. Mayor McArthur commented that the motion previously made was out of order. Ms. Shakespeare presented a power point presentation of homes on flag lots presently being built which comply with the subdivision ordinance. She stated that building homes behind homes is detrimental. She stated that inadequate garage setbacks have created huge problems for the downtown area. She stated that the City has never made an exception for narrower flag lot stems in the past, and if it did so now it would set a precedent and they would have to be allowed all over town. She stated that the City St. George City Council Minutes April 6, 2006 Page Six Council has a responsibility to protect the quality of life for future generations. The general plan states that open space is not just parks and trails, but also space on residential lands which adds to the quality of life. She stated that the request did not go along with the general plan and is not in line with the RCC zone and against its purpose and intent. Council Member Gardner commented he did not know the purpose of the RCC was not to put homes behind homes, but rather to bring quality developments to the downtown for individual ownership, and ways to look at design as a priority over density and figure out how to allow for in-fill to bring back some density in the downtown. Dorothy Norton commented that one of the things the downtown committee tried to do when it provided tours of problems in the downtown area was to show the little tiny driveways with no place to park. She inquired where the children would play, and who would maintain the driveway and parking spaces. She commented that if approved neighborhood fights would be created. She inquired about second and third generations of owners. Mayor McArthur replied that there were common areas in the design, and that the City is encouraging developers to think outside the box. Big backyards are no longer needed for horses and cows as they were when he was a child. Ms. Norton commented that instead of the proposed plan, a long narrow home would take up the entire lot. Smaller lots in the RCC zone were allowed in order that lots could be combined for more houses, not to put homes behind homes. She stated she thought the City Attorney gave his opinion that an easement could not be given for the driveway. City Attorney Shawn Guzman replied that sections of the City Code allow for some leeway. City Manager Gary Esplin commented that the RCC zone was created to encourage home ownership and attainable housing for those who cannot afford a $130,000 lot. This project does have problems with access and the design of the garages, but it encourages single family home ownership. The intent of the RCC zone is also to provide flexibility and allow creativity to the size of lot, house shape and size, and not to require that only one home can be built on a 66' wide lot. City Attorney Shawn Guzman stated that the City?s ordinances were keeping the applicant from doing what the City Manager spoke of. If the ordinances were different, the applicant would be able to come up with a very good plan and also satisfy the downtown residents. The applicant is trying to work within the current zoning ordinances, but they do not allow for creativity. City Manager Gary Esplin suggested that the matter be tabled until the City can come up with design standards. Mayor McArthur agreed. Council Member Whatcott commented that he did not see how the City could get around the 25' flag lot stem requirement, and 18' was not enough room. He stated that Joe Alfandre?s plan allowed for an owner-occupied single family home in front with a single renter in the back, which the City currently does not allow. He stated this would be an opportune time to table the matter until the new ordinances are in place and at the same time retain the ability to drive a car in and out of a driveway. Council Member Allen commented that she viewed places in the Kentlands with small driveways that worked and also homes on much smaller lots. These ideas need to be incorporated into the City?s ordinances. Community Development Director Bob Nicholson stated that lot widths will have to be reduced if a 25' driveway is needed on a 66' wide lot. 10-12' driveways are common in Sugarhouse. It is important that homes face the street rather than have long narrow homes to fill the lot. There are better solutions which can be looked at. Council Member Allen suggested that reduced side yard setbacks also be considered. Council Member Gardner inquired about a timeline. City Manager Gary Esplin replied that the City Council will have to tell staff what to do with a 66' wide lot if it wants the homes to face the street. There will have to be smaller lots, with some sort of lot behind the one facing the street. This is a philosophical discussion that would be better discussed in a work meeting. Council Member Whatcott inquired how staff was doing as far as moving forward on design specifications and ordinance changes. Community Development Director Bob Nicholson replied that a committee has been formed and has met twice. There are two to three ordinance revisions under consideration. He stated he thought a preliminary draft would be available in a month. St. George City Council Minutes April 6, 2006 Page Seven MOTION: A motion was made by Council Member Allen to table the request until such time as the ordinance changes are presented to City Council, no later than May 18. SECOND: The motion was seconded by Council Member Bunker. VOTE: Mayor McArthur called for a vote, and all voted aye. PUBLIC HEARING/PRELIMINARY PLAT: Public hearing to consider approval of the preliminary plat for Rocky Bluffs Subdivision located at 2155 South and 2350 East. Leon Grover, applicant. Community Development Director Bob Nicholson explained the subdivision consists of three lots, one of which is a flag lot. It is zoned RE-20 and is located between the Greystone and Crimson Hills Subdivisions. There is an existing home which faces the public street. The second lot also fronts on a public street. The third lot is a flag lot with a 25' stem. The Planning Commission and staff recommend approval. 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 Orton. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. PUBLIC HEARING/AMENDED PLAT: Public hearing to consider approval of an amended plat for River Breeze #2 to enlarge pad 12 with an existing home and reduce the size of pad 13 which is vacant, located at the northwest corner of 900 South and River Road. Brad Jennings, representative. Community Development Director Bob Nicholson explained that the plat takes care of problems where the existing owner of both Lots 12 and 13 built a home which encroached into common area and pad 13. The amended plat corrects this. The Homeowners Association supports the amended plat. Mayor McArthur opened the public hearing. Ron Blaney, President of the River Breeze Townhouse Association, said that under the circumstances the amended plat was the best way to correct the problem. There being no further public comment, Mayor McArthur closed the public hearing. MOTION: A motion was made by Council Member Gardner to approve the amended plat. SECOND: The motion was seconded by Council Member Bunker. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. PUBLIC HEARING/AMENDED PLAT: Public hearing to consider approval of an amended plat for Riverwood #4 for the removal of pads 245, 246 and 247 with their associated limited common area and common area and relocate pads 251 and 252 to change the private ownership areas to match the existing conditions, and to enlarge pad 248, located at 1240 West Indian Hills Drive. Brandon Anderson, representative. Community Development Director Bob Nicholson explained that the purpose of the amended plat is due to three lots which were lost in the flood. This revised plat removes them from the subdivision and makes adjustments to meet the owners? needs. The amended plat is supported by the homeowners? association. Mayor McArthur 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 amended plat. SECOND: The motion was seconded by Council Member Allen. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. City Attorney Shawn Guzman advised that staff reviewed the request to ensure that the amendment does not affect utilities in existing easements. PUBLIC HEARING/AMENDED PLAT: Public hearing to consider approval of an amended plat for Shadow Creek #2 to remove pad 23 and the associated limited common area from the plat, located at 710 South Indian Hills Drive. Shadow Creek Homeowners Association, applicant. Community Development Director Bob Nicholson explained that the amendment removes pad 23 and associated common area which were lost in the flood. St. George City Council Minutes April 6, 2006 Page Eight Mayor McArthur opened the public hearing. There being no public comment, he closed the public hearing. City Attorney Shawn Guzman advised that staff reviewed the request to ensure that the amendment does not affect utilities in existing easements. MOTION: A motion was made by Council Member Whatcott to approve the amended plat. SECOND: The motion was seconded by Council Member Gardner. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. PUBLIC HEARING/AMENDED PLAT: Public hearing to consider approval of an amended plat for The Cliffs Plat L to remove a small portion of common area and include it in Lot 177 and affidavit changes in the plat notes, located at 3052 N. Snow Canyon Parkway. Ryan Cowley, applicant. Community Development Director Bob Nicholson explained the request to remove a small portion of common area and include it in Lot 177 and to make a minor change to one of the notes on the plat. 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 amended plat. SECOND: The motion was seconded by Council Member Bunker. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. Council Member Whatcott inquired why a portion of common area was being moved. The applicant replied that there was a mis-communication with his engineer and the small portion of common area was always intended to be part of Lot 177. PUBLIC HEARING/ZONE CHANGE/ORDINANCE: Public hearing to consider approval of a zone change from PD Commercial to C-3 on 1.16 acres located at 850 North and approximately 2700 East, east of Deseret Industries. Robert Irvine, applicant. Community Development Director Bob Nicholson explained that the property in question is surplus property from Deseret Industries. The applicant owns adjacent property and would like the same zoning on both parcels (C-3). The City is currently reviewing a plan for a restaurant and retail shops. The Planning Commission recommends approval. Mayor McArthur 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 zone change by ordinance. SECOND: The motion was seconded by Council Member Gardner. VOTE: Mayor McArthur called for a roll call vote, as follows: Council Member Orton - aye Council Member Gardner - aye Council Member Allen - aye Council Member Whatcott - aye Council Member Bunker - aye The vote was unanimous and the motion carried. PUBLIC HEARING/PRELIMINARY PLAT: Public hearing to consider approval of the preliminary plat for Palomar Subdivision located southeast of Foremaster Ridge between the new Riverside Drive extension and the Virgin River at approximately 2000 East Riverside Drive. Rich Lewis, applicant. Associate Planner Mark Bradley explained that a hillside development permit and zone change have been approved for this property, and the conditions of approval for each carry on with the preliminary plat. A private trail will be built through two lots to eventually tie into the Virgin River trail. The applicant will develop the entire width of the road on City property to improve circulation, rather than the earlier attempt at a T-intersection. There will be two accesses, landscaping, and a HOA to maintain the landscaping along Riverside Drive and the private trail. The Planning Commission recommends approval subject to compliance with the hillside development conditions of approval and that only wrought iron fencing is allowed to be on top of the concrete retaining walls. Mayor McArthur inquired if site distances were met. St. George City Council Minutes April 6, 2006 Page Nine Mr. Bradley replied that the project met site distances. Rich Lewis, applicant, explained that measures have been taken to address noise issues. The privacy wall will be 24'. Mayor McArthur opened the public hearing. An unidentified man commented that the applicant donated acreage to the City, and the project will be an asset to the City. Mr. Lewis, applicant, clarified that landscaping, swimming pools, and hot tubs will be allowed within the ?no build? area. There being no further public comment, Mayor McArthur closed the public hearing. MOTION: A motion was made by Council Member Bunker to approve the preliminary plat subject to the recommendations of 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. Council Member Whatcott commented that staff needed to make sure the private trail tied into the City?s trail system. AMENDED MOTION: Council Member Bunker agreed to include this stipulation in her motion. SECOND: Council Member Allen seconded the amended motion. 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 Cornerstone Subdivision located at the southeast corner of 3000 East and Seegmiller Drive. Bill Haltom, applicant. Associate Planner Mark Bradley explained that a zone change to RE-12.5 with a development agreement was recently approved for this property. A trail will be provided through the center of the project east to west. An equestrian trail will be provided on 3000 East east and north of the project along the irrigation canal. The applicant has agreed to fence the south side of the canal. The Planning Commission recommended approval. Bill Haltom, applicant, advised he is planning on a neo-traditional subdivision with an 8' landscape buffer behind the curb and gutter which will be maintained by an HOA. The project will be terraced and 24 craftsman style homes will be built. Seegmiller Drive will be extended and deeded to the City. The canal area will be a long term linear park and equestrian trail. The Bridle Gate equestrian trail will be extended on the west side and a pedestrian path will be included through the subdivision. Mayor McArthur opened the public hearing. Ken Miller advised that provision has been made to stub a street to the south. Mr. Haltom, applicant, explained that Bridle Gate is 6-8' lower, and he was not sure there would be the elevation to get over the canal. He stated he would have to work with Bridle Gate to make sure they are building their road up. There being no further public comment, Mayor McArthur closed the public hearing. Associate Planner Mark Bradley advised that connectivity between the projects is important. Council Member Orton commented that he hoped the elevation could be brought up to match between the two projects. Ken Miller commented that Bridle Gate is only matching the existing grading on their side. It is a difficult transition to get over the top of the canal, but there is enough room to make it work. Mr. Haltom commented that the City Council should consider whether they wanted a paved road to cross the equestrian path. City Manager Gary Esplin commented that staff would review the issue and have a recommendation for the City Council before the final plat is approved. Ken Miller commented that the street in question is in the second phase of the project. City Manager Gary Esplin replied that if there is too much of a transition perhaps the street should not be put in but instead just a trail to access the future parkway. St. George City Council Minutes April 6, 2006 Page Ten MOTION: A motion was made by Council Member Gardner to approve the preliminary plat with connectivity to be addressed by the City Council before final plat approval. SECOND: The motion was seconded by Council Member Orton. VOTE: Mayor McArthur called for a vote and all voted aye. The motion carried. Mayor McArthur called for a five minute break. PUBLIC HEARING/ZONE CHANGE/ORDINANCE: Public hearing to consider approval of a zone change from A-1 to R-1-10 with a development agreement on 28.04 acres located at the southeast corner of the 3000 East and 2000 South Street intersection. Ken Miller, representative. Community Development Director Bob Nicholson explained that the request is consistent with the General Plan density which designates no more than two homes per acre. The development agreement will say that no more than 56 homes will be built with a minimum lot size of 10,000 sq. ft. with a gross overall density equal to or less than two units per acre. A 5' landscaping strip between the curb and gutter and the sidewalk will be provided on interior' public streets. A 15' equestrian path has been set aside similar to what is being done on 3000 East. The project also includes interior paths and a neighborhood park. The Planning Commission recommends approval. Mayor McArthur inquired if the open areas and landscaping would be maintained by a HOA. Mr. Nicholson replied that the developer will build and install the horse paths to City standards, as well as the park. However, since this is a zone change, not all the details have been worked out. Mayor McArthur opened the public hearing. Bill Cox explained that Ray and Susan Cox are his parents and own 125 acres on the other side of 3000 East. They think this is a great project and recommend approval. Jared Lund recommended approval. There being no further public comment, Mayor McArthur closed the public hearing. City Attorney Shawn Guzman inquired if the Deputy City Attorney had reviewed the development agreement Mr. Nicholson replied that he was not sure as the agreement at this time is just a draft. MOTION: A motion to approve the zone change by ordinance was made by Council Member Whatcott, subject to the development agreement being approved by the Legal Department. SECOND: The motion was seconded by Council Member Bunker. Council Member Whatcott inquired if eventually the City Council would see a master plan change in the Little Valley area that fits the direction the City now wants to take. City Manager Gary Esplin replied that this request does fit the existing general plan with regard to density. VOTE: Mayor McArthur called for a roll call vote, as follows: Council Member Whatcott - aye Council Member Bunker - aye Council Member Orton - aye Council Member Gardner - aye Council Member Allen - aye The vote was unanimous and the motion carried. PUBLIC HEARING/ANNEXATION ORDINANCE: Public hearing to consider approval of a request to annex 101.87 acres of property located on the west side of Dixie Drive at about 1500 South, commonly referred to as the Haskell Annexation. J. Burton and Evelyn Burgess, applicants. City Manager Gary Esplin explained that staff is concerned that dedication of Plantations Drive should be done prior to formal annexation. Ryan Jolley, representing Alpha Engineering, explained that a dedication plat for Plantations Drive has been prepared and is being reviewed by City staff. The Burgesses have agreed to sign the plat based on the condition that no public access be granted until the City is ready to build Plantation Drive so that they may continue their cattle ranch operation for as long as possible. St. George City Council Minutes April 6, 2006 Page Eleven City Manager Gary Esplin inquired if the Burgesses will agree to having the City make the determination when the road is ready to be built. Mr. Jolley replied that they will agree to let the City make this decision. City Manager Gary Esplin recommended approval as long as there was no stipulations on time. As soon as The Lakes project is approved, the road will be needed and that could happen in the next year. Council Member Whatcott clarified that the Burgesses want full use of their property until such time as the City builds the road. Mr. Jolley clarified that the Burgesses do not want public access to the property just because it has been deeded to the City. City Attorney Shawn Guzman suggested this should be put in writing. City Manager Gary Esplin recommended that before the annexation ordinance is signed, the City should be in receipt of a signed agreement. City Attorney Shawn Guzman clarified that upon execution of the agreement, the annexation ordinance would then be signed. Mayor McArthur 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 ordinance and authorize the Mayor to sign the ordinance upon receipt of a signed agreement with the Burgesses restricting public access to the property until such time as the City determines that the road should be built. SECOND: The motion was seconded by Council Member Gardner. VOTE: Mayor McArthur called for a roll call vote, as follows: Council Member Orton - aye Council Member Gardner - aye Council Member Whatcott - aye Council Member Allen - aye Council Member 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 with a height up to 19'4" at 2482 South 2160 East in the Red Butte Subdivision. Mr. and Mrs. Leavitt, applicants. Associate Planner Ray Snyder advised that the Planning Commission recommended approval. MOTION: A motion was made by Council Member Gardner to approve the conditional use permit. 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 for a short pour concrete batch plant within an M-1 zone at 3662 South River Road. Randy Mortensen, applicant. Associate Planner Ray Snyder explained that the applicant would like to locate a short pour concrete batch plant on Lot 1 of the Ft. Pierce Industrial Park for small home projects. The applicant will construct a building and parking for the trailers and customers. An existing driveway is located off River Road. Street trees have been planted. The area behind the fence does not have landscaping and is just bushes and weeds. A letter has been sent from Code Enforcement. The applicant wants to lease a small area and has begun to clean up the site and respond to code enforcement issues. There has been considerable progress on the site. The property is owned by Randy Mortenson. The applicant who is subleasing the property is present, and would like to lease the property for 12-18 months. A letter has been received from Gilbert Jennings opposing the request. Mayor McArthur commented that River Road will be another entrance to the City, and even though it is an industrial area, it is important to consider. Lyle Hines explained that he has been in business in St. George for 20 years, and has made considerable improvement to the property in question in an effort to gain the trust of the owner. He stated he would like to lease a small area until Mark Burgess can make his units available in six to eight months. He stated he would like to build a relationship at the Ft. Pearce Industrial Park and has built trust with SITLA. He stated he has turned St. George City Council Minutes April 6, 2006 Page Twelve the end of Tabernacle Street into an exciting place and believes he can do the same on Lot 1 in the Industrial Park. He explained that the short pour plant is less than 20' high and has a bag house to eliminate any dust issues. The trailers are easy to use. Sunroc has been cooperative and will provide premixed sand and gravel. There will be one hopper system. The building in the front will be a little builders emporium with a tile store or carpet center. City Manager Gary Esplin commented that while the City does not enforce restrictive covenants, he recommended that Mr. Hines get a recommendation from the Ft. Pearce Industrial Park association. However, if the association denied the request, the City could still approve it. Council Member Gardner commented that the City respects the right of associations to enforce their covenants. City Manager Gary Esplin explained that an association?s right to enforce its covenants is civil and has nothing to do with the City. The City could approve the request subject to the applicant talking with the association. If the association denied the request, the applicant can come back to the City Council for reconsideration. Community Development Bob Nicholson explained that the Ft. Pearce Industrial Park?s CC&Rs are more in depth than the City?s zoning ordinances, and its association has a serious problem with the request. City Manager Gary Esplin suggested that perhaps the association has a problem with the lot owner, and not the request. Mr. Hines stated that he was confident he could move into Mark Burgess? location when the time came. He stated that he has accomplished major clean-up of Mr. Mortensen?s property and he felt the Ft. Pearce Industrial Park association would give its blessing. Council Member Orton suggested that Mr. Hines first speak to the Ft. Pearce Industrial Park association to obtain its blessing. Council Member Gardner agreed. Mr. Hines replied that he did not want to wait an additional two weeks for approval. Mr. Orton reminded Mr. Hines that even if the association denied the request, the City would still have an opportunity to consider it. City Manager Gary Esplin commented that the issue was between the Ft. Pearce Industrial Park and Mr. Mortensen and appears to have been ongoing for years. The Industrial Park has failed to enforce its CC&Rs against Mr. Mortensen for the past six years. He stated that while it would be unfair to punish Mr. Hines when it was the property owner who has the problem, he suggested the matter be tabled for two weeks in order to give Mr. Hines an opportunity to meet with the Industrial Park association. Mayor McArthur commented that this would be the right thing to do and advised Mr. Hines that the matter would be scheduled on the City Council agenda in two weeks. Council Member Whatcott commented that even if the association denied Mr. Hines? request, Mr. Hines still had the right to come to the Council and request the conditional use permit. He asked what good it would do to wait two weeks. Council Members Orton and Gardner commented it would be in the applicant?s best interests to first go to the association board. Mr. Hines commented that if the association board denies his request, he will not fight it. MOTION: A motion was made by Council Member Bunker to approve the conditional use permit based on the face that Mr. Hines will contact the Industrial Park association board. City Manager Gary Esplin suggested that the matter be tabled for two weeks. City Attorney Shawn Guzman commented that while recognizing what the City Council does is independent of what is done in the Ft. Pearce Industrial Park, if the association board denies the request, Mr. Hines can still request approval from the City Council. This may lead to possible civil litigation for Mr. Hines, and it would be best to first contact the association board. He clarified that what the City Council does, however, is not predicated on what the Industrial Park association board does. MOTION: A motion was made by Council Member Whatcott to approve the conditional use permit, recognizing the need for the Industrial Park association board, and recognizing that if the applicant is denied no ...

... for the design documentation and construction management of a bike skills park at the Sand Hollow Wash.   City Manager Gary Esplin stated this agreement is for the design of the bicycle skills park as will be funded with RAP tax.  He recommended using FlowRide Concepts.   MOTION:      A motion was made by Councilmember Randall to approve the professional services agreement with FlowRide Concepts in the amount of $33,450 for the bike skills park. 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.   PROFESSIONAL SERVICES AGREEMENT: Consider approval of a professional services agreement for the design and improvement to the loop road and associated parking areas within Pioneer Park.   City Manager Gary Esplin advised funds were included in the current budget to make the improvements to Pioneer Park.  He recommended using Project Engineering Consultants at amount not to exceed $28,180.       St. George City Council Minutes September 7, 2017 Page Three   MOTION:      A motion was made by Councilmember Baca to approve the professional services agreement for the design and improvement to the loop road and associated parking areas within Pioneer Park in the amount of $28,180. 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.   APPROVAL TO PURCHASE: Consider approval to purchase seven (7) Ford trucks for the Leisure Services Department.   Purchasing Manager Brett Whitelaw explained this request is to purchase seven (7) Ford trucks from Larry H Miller for the Leisure Services Department.  The amount is $161,472.59 which is included in the current budget.   MOTION:      A motion was made by Councilmember Arial to approve the purchase of seven (7) Ford trucks from Larry H Miller in the amount of $161,472.59.  SECOND:        The motion was seconded by Councilmember Randall. 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.   APPROVAL TO PURCHASE: Consider approval to purchase a Toro 4000D mower and accessories for the Leisure Services Department.   Purchasing Manager Brett Whitelaw stated this request is to purchase a Toro 4000D mower and accessories from Turf Equipment & Irrigation in the amount of $63,207.90 for the Leisure Services Department.  The amount is within the budgeted amount.   MOTION:      A motion was made by Councilmember Randall to approve the purchase a Toro 4000D mower and accessories from Turf Equipment & Irrigation in the amount of $63,207.90. 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 St. George City Council Minutes September 7, 2017 Page Four   Councilmember Arial – aye Councilmember Baca – aye           The vote was unanimous and the motion carried.   APPROVAL TO PURCHASE: Consider approval to purchase the marathon finisher medallions and awards.   City Manager Gary Esplin explained this is a sole source purchase due to the uniqueness of the product.  The medallions and awards will be purchased from Kenworthy Signs and Monuments at a cost of $60,260.  The fees paid to run in the marathon cover the cost.   MOTION:      A motion was made by Councilmember Hughes to approve the purchase of the marathon medallions and awards from Kenworthy Signs and Monuments at a cost of $60,260. 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.   APPROVAL TO PURCHASE: Consider approval to purchase a used 2015 freightliner for the Water Services Department.   City Manager Gary Esplin explained this request is to purchase a used 2015 freightliner from Warner Trucking Centers for the Water Services Department.  This is also a sole source purchase due to high transitional costs and they have a service center in Washington County.  The amount is $59,213.   MOTION:      A motion was made by Councilmember Baca to approve the purchase of a used 2015 freightliner from Warner Trucking Centers for the Water Services Department in the amount of $59,213. 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.   APPROVAL TO PURCHASE: Consider approval to purchase five hundred seventy-six (576) power meters.     St. George City Council Minutes September 7, 2017 Page Five   City Manager Gary Esplin presented the request to purchase five hundred seventy-six (576) power meters from Riter Engineering in the amount of $113,280.  This is a sole source purchase and is within the budgeted amount.   MOTION:      A motion was made by Councilmember Arial to approve the purchase of five hundred seventy-six (576) power meters from Riter Engineering in the amount of $113,280. SECOND:        The motion was seconded by Councilmember Randall. 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.   APPROVAL TO PURCHASE: Consider approval to purchase a new vermeer chipper and vac-tron excavator.   Purchasing Manager Brett Whitelaw stated the request is to purchase a new vermeer chipper and vac-tron excavator from Vermeer Rocky Mountain off the State Contract MA218 and the National Joint Powers Alliance Cooperative Contract.  The total amount for both pieces of equipment is $151,000.32.    City Manager Gary Esplin added, since the amount is higher than the budgeted amount, the budget will be adjusted to fit the additional cost.   MOTION:      A motion was made by Councilmember Randall to approve the purchase of a chipper and excavator from Vermeer Rocky Mountain in the amount of $151,000.32. 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.   AWARD OF BID: Consider award of bid for the installation of the 2450 East traffic signal.   City Manager Gary Esplin explained only one bid was received; from Progressive Contracting.  The amount for the installation of the 2450 East traffic signal is $199,275.12 and is approximately $50,000 over the engineer’s estimate; however, it will be needed in the area.       St. George City Council Minutes September 7, 2017 Page Six   MOTION:      A motion was made by Councilmember Baca to award the bid to Progressive Contracting for the installation of the 2450 East traffic signal in the amount of $199,275.12. SECOND:        The motion was seconded by Councilmember Randall.   A discussion took place regarding the need versus the cost being over the estimate.   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 OF BID: Consider award of bid for the PASS-CR chip seal oil.   City Manager Gary Esplin explained this request for the chip seal oil is part of the annual pavement management program.  It is recommended to purchase the chip seal oil from  Asphalt Systems, Inc in the amount up to $49,310 for forty-three (43) tons.   MOTION:      A motion was made by Councilmember Arial to approve a contract with Asphalt Systems, Inc for forty-three (43) tons of chip seal oil to in the amount of up to $49,310. 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.   AWARD OF BID: Consider award of bid for the micro surfacing project on Red Hills Parkway.   City Manager Gary Esplin presented the request to award the micro surfacing project on Red Hills Parkway to Geneva Rock Products, Inc in the amount of $172,840.  He explained the Bluff Street to Pioneer Hills trailhead will be completed during the night time hours.    MOTION:      A motion was made by Councilmember Hughes to approve the agreement with Geneva Rock Products, Inc in the amount of $172,840. SECOND:        The motion was seconded by Councilmember Bowcutt.   VOTE:              Mayor Pike called for a vote, as follows:     St. George City Council Minutes September 7, 2017 Page Seven   Councilmember Hughes – aye Councilmember Randall – aye Councilmember Bowcutt – aye Councilmember Arial – aye Councilmember Baca – aye           The vote was unanimous and the motion carried.   AWARD OF BID: Consider award of bid for the 2017 slurry seal project.   City Manager Gary Esplin stated the request is to award the bid for the 2017 slurry seal project to America Pavement Reservation in the amount of $383,606.  Three bids were received.  The City’s website lists the streets that will be included.   MOTION:      A motion was made by Councilmember Hughes to award the bid for the 2017 slurry seal project to America Pavement Reservation in the amount of $383,606. 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.   AWARD OF BID: Consider award of bid for the HA5 seal coat for various streets, trails, and parking lots within the City.   City Manager Gary Esplin explained this item is to seal coat various streets, trails, and parking lots within the City.  This is a sole source purchase from Holbrook Asphalt, Inc in the amount of $565,245.   Mayor Pike noted the streets and trails are outlined on the City’s website.   MOTION:      A motion was made by Councilmember Randall to approve the contract with Holbrook Asphalt, Inc in the amount of $565,245. 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.     St. George City Council Minutes September 7, 2017 Page Eight   AGREEMENT: Consider approval of an agreement for the design of drainage improvements in the vicinity of 1250 North, 1130 North, 1340 West, and 1400 West.   City Manager Gary Esplin presented the agreement for the design of drainage improvements in the vicinity of 1250 North, 1130 North, 1340 West, and 1400 West.  He recommended approving the contract with Bowen and Collins & Associates in the amount of $49,737.   MOTION:      A motion was made by Councilmember Baca to approve the agreement for the design of drainage improvements in the vicinity of 1250 North, 1130 North, 1340 West, and 1400 West with Bowen and Collins & Associates in the amount of $49,737.  SECOND:       The motion was seconded by Councilmember Randall. 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.   AGREEMENT: Consider approval of an agreement for the design of the St. George Industrial Park Drainage Phase 3 project.   City Manager Gary Esplin explained this contract is for the design of the St. George Industrial Park Drainage Phase 3 project.  It is recommended to hire Project Engineering Consultants in the amount of $49,549.   MOTION:      A motion was made by Councilmember Randall to approve the agreement with Project Engineering Consultants in the amount of $49,549 for the design of the St. George Industrial Park Drainage Phase 3 project. 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.   PUBLIC HEARING: PUBLIC HEARING REGARDING THE ISSUANCE AND SALE OF NOT MORE THAN $9,600,000 AGGREGATE PRINCIPAL AMOUNT OF EXCISE TAX REVENUE AND REFUNDING BONDS, SERIES 2017, AND ANY POTENTIAL ECONOMIC IMPACT THAT THE PROJECT DESCRIBED HEREIN TO BE FINANCED WITH THE PROCEEDS OF THE SERIES 2017 BONDS ISSUED UNDER THE ACT MAY HAVE ON THE PRIVATE SECTOR, RELATED MATTERS. St. George City Council Minutes September 7, 2017 Page Nine   City Manager Gary Esplin explained when the new airport was built, the City bonded for a portion of the costs with help from Washington County.  There were two series of bonds.  The current rate would allow for the balloon payment to be refunded at a savings and continue to 2034.   Mayor Pike opened the public hearing.  There being no comment, he closed the public hearing.   PUBLIC HEARING/ZONE CHANGE/ORDINANCE: Public hearing to consider changing the zone from M-2 (Manufacturing) to M-C (Manufacturing/Commercial) on approximately two (2) acres located at 314 North 3050 East.  VE Management and Investments Co, applicant.   Planning and Zoning Manager John Willis presented the request to change the zone from M-2 (Manufacturing) to M-C (Manufacturing/Commercial) on approximately two (2) acres located at 314 North 3050 East.  He presented a PowerPoint presentation covering the following topics: aerial map; aerial view of the property; and zoning map.  There is a list of uses that goes along with the proposed zoning.    Mayor Pike opened the public hearing.  There being no comment, he closed the public hearing.   MOTION:      A motion was made by Councilmember Baca to approve the ordinance changing the zone from M-2 (Manufacturing) to M-C (Manufacturing/Commercial) on approximately two (2) acres located at 314 North 3050 East. SECOND:        The motion was seconded by Councilmember Bowcutt.   After being asked by Councilmember Hughes, Mr. Willis spoke about the parking requirements.  It will be addressed when the applicant returns for a business license.   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/AMEND PD-C ZONE/ORDINANCE: Public hearing to consider amending the Dinosaur Crossing Planned Commercial Development zone to develop a building on lot 4 at approximately 525 South Mall Drive.  Four Food Group, applicant.   Planner Ray Snyder presented the request to amend the Dinosaur Crossing Planned Commercial Development zone to develop a building on lot 4 at A St. George City Council Minutes September 7, 2017 Page Ten   approximately 525 South Mall Drive.  He presented a PowerPoint presentation covering the following topics: vicinity map; commercial subdivision - reference; conceptual site plan; site plan; landscape plan; elevations; materials and colors; materials board; and photos of 3-D views.  The Planning Commission recommended approval.  He explained where the drive thru will exit - into the existing parking lot.   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  amending the Dinosaur Crossing Planned Commercial Development zone to develop a building on lot 4 for Kneaders. 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/AMEND PLANNED DEVELOPMENT PLAN/ORDINANCE: Public hearing to consider amending The Ledges Planned Development Plan by modifying the golf course, buffer area, approved units, area allocations of units and densities, short term rentals, and elevations for the east side of The Ledges.  Development Solutions, applicant.   Planning & Zoning Manager John Willis presented the request to amend The Ledges Planned Development Plan by modifying the golf course, buffer area, approved units, area allocations of units and densities, short term rentals, and elevations for the east side of The Ledges.  He presented a PowerPoint presentation covering the following topics: summary of request; aerial map; general plan map; zoning map; original concept plan; current PD development plan; original and currently approved map of the buffer area; proposed development plan; buffer areas example; short term rental proposal; map of existing and proposed short term rentals; photos of sample elevations; photos of sample landscaping and lighting; and photos of sample signage.  After taking public comment and a lengthy discussion, the Planning Commission recommended approval with the following conditions:   1.    Must comply with short term rental requirements per City ordinance. 2.    The Ledges PD will be limited to 2,358 units. 3.    Development along the west and furthest north boundary be limited to 1.2 units per acres and no less than 50’ setback to the main dwelling. 4.    100’ setback buffer be provided along JEL Ranch Subdivision and the north boundary of Winchester Hills.   St. George City Council Minutes September 7, 2017 Page Eleven   5.    Elevation approvals will be limited to the style provided in the exhibits.  Any buildings or proposed elevations that are not similar to the existing escapes subdivision or clubhouse will require a PD amendment. 6.    Reallocation of units and options for detached and attached units is being considered. 7.    PD-R requires that 30% of the development be open space.  The applicant must satisfy that requirement.   Stacy Young, representative for the applicant, explained the application only amends a portion of the Ledges.  It is one master plan, but has two HOA’s and two developers for the project.  In some respect, this amendment is a reversion to the original master plan adopted in 2004, primarily for the lack of feasibility for an 18-hole golf course.  He noted that this proposal is 400 fewer units than originally planned under the original PD and outlined how the units will be redistributed.  There are no proposed changes to the design standard.  He explained the second golf course is not being proposed any longer and noted they will be in excess of the PD requirements for open space.  They are proposing the buffer to create an open space buffer for the neighborhoods.  He explained how the proposed buffer was drafted.  Additionally, they felt it made more sense to provide lot sizes that are compatible with the area.  He has spoken with a number of the Winchester Hills residents to get their input.   Mayor Pike opened the public hearing.  He noted that the comments should be regarding this specific request.   Attorney Lewis Reece who represents Valderra Development presented a packet to the Council.  He noted this is a very involved project and gave a brief history of the property.  His clients are the only party who have successor and interest rights and assignment as declarant on this project.  He outlined their objections as follows:   1.      Changes are being made to the master plan by parties who were not original applicants. 2.      They were not notified when the first amendment was approved; however, they did receive a vague notice for this second proposal. 3.      They would like to enter into a development agreement with these developers. 4.      His clients were not given enough information to make an informed decision.    He noted that just recently, the City began approving applications for development in the area because there hadn’t been power previously.  Other issues that need to be discussed are reuse water on the golf courses.  They are trying to reach an agreement or be a part of the discussions regarding amendments to the master plan his clients were involved in creating.   Winchester Hills Resident Greg Mathis stated that he met with Mr. Young regarding the 100’ setback.  He asked what is being proposed in the setback.  The residents of Winchester have concerns about projects not being completed.    St. George City Council Minutes September 7, 2017 Page Twelve   Resident Brian Plumb mentioned a park that is supposed to be built in the area; they keep changing their mind on where the park is going to be.  In the Middleton area, this happened to them also - the park was never built.  He is afraid this will happen in the Ledges area as well.  There needs to be two parks.   Mr. Reece mentioned they do not know what development plan states; he would like to see that detail and asked the Council to table the request.   Winchester Hills Resident Jonathan Shick mentioned that he and his neighbors are concerned that the proposal will negatively impact their property values, as well as drainage, lights, diminished views, loss of privacy, buffer area being part of the density, density pollution, traffic pollution, short term rentals, and the loss of access. Resident Val Christensen explained he did not see anything tonight like the notice they received regarding the proposal.  He urged the Council to give the developers additional time to work things out and so they can better understand the impact the proposal may have.    Larry Gardner provided a brief history of the development and the property.  There has been a lot of discussion and he believes misunderstanding with Valderra.  He stated that he understands there can be a number of questions regarding a development such as this and noted that they have been willing to meet with Valderra, but it has not happened.  The developers have met protocol.  The zoning process that is taking place tonight will allow the developers to pick up the pieces and move forward through a legitimate process.  He asked the Council to recognize the difficulties that have gone on and stated Development Solutions Group have been forthright and has tried not to impact anything that was existing or anything Valderra still maintains rights for.  From their perspective, Valderra is still has a stake in the west side of The Ledges of St. George, but they chose not to renew the option on the east side.  City Attorney Shawn Guzman noted he received the information from Mr. Reece this afternoon; however, Mr. Reece states they have the declarant rights.  Staff does not know what the rights are.  The City does not want to determine who has the rights; the parties are involved in litigation to decide that.  He is concerned with wording and the master plan as well as some of the issues raised.  He recommends allowing staff to look into some of the issues prior to making a recommendation to the Council.   Mr. Gardner clarified they have given permission for the other party to make the request through the proper channels with the proper authority.   Alan Wright with Valderra Development and the HOA explained they have litigation going on.  Development Group on the east side has brought several developments in and they have not objected; however, this is different as the applicant is wanting to amend the master plan.  The master plan includes land that they own as well as land owned by Mr. Gardner, the Snow family, and Mr. Jennings.  The notice received included a small map and is missing a body of text.  He asked they received the text and noted they would like to participate in the process for the community as a whole.   St. George City Council Minutes September 7, 2017 Page Thirteen   Mr. Reece explained he is not here to say the lawsuit has to be settled or they cannot develop.  The lawsuit does not involve the joint maintenance areas; however, it would be unfair to burden The Ledges HOA and his client to maintain joint areas they are using without having some input.   Steven Jennings stated they are hearing some of these arguments just today.  He stated they will respond to them in the next few days.   They own the property that is being proposed to be amended.   Mr. Young commented this application does not disturb their declarant rights or obligations.  Their perception was that as long as they brought forward an application to amend the portion they have development rights over, they were okay.  They are trying to sort out what the contention is.  He suggested tabling the item for two weeks to see if they can hash out the issues.  They would like to flush out the land issues in terms of this application.  He outlined the areas that are proposed to be amended.    Councilmember Bowcutt encouraged Mr. Young to speak with additional Winchester Hills residents regarding the buffer.   Mayor Pike closed the public hearing.   MOTION:      A motion was made by Councilmember Randall to table the request for two (2) weeks. 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.   City Attorney Shawn Guzman noted the public hearing has been closed so it will not be listed as a public hearing on the next agenda.   MOTION:      A motion was made by Councilmember Randall to take a recess. 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 September 7, 2017 Page Fourteen   PUBLIC HEARING/VACATION OF ROADWAY/ORDINANCE: Public hearing to consider vacating a portion of Middleton Drive approximately between 2100 East and 2300 East to accommodate future plans for a commercial development.  Briant Buckwalter, applicant.   Assistant Public Works Director Wes Jenkins presented the request to vacate a portion of Middleton Drive approximately between 2100 East and 2300 East to accommodate future plans for a commercial development.  He showed and outlined the road vacation/dedication plat after which he requested the approval be subject to the new access being built, constructed and dedicated prior to the proposed roadway vacation.  Staff is requesting that the public utility and drainage easement remain even after the roadway is vacated.  The new road will provide access from Middleton Drive to Red Hills Parkway.  There is no modification to the east end at this time.  He spoke about a road that will provide a new access to the boat storage facility and apartments.    Councilmember Bowcutt commented that he would to see something change as in the area to make it easier to use as part of the abandonment.   Representative for the applicant, Shayne Barney, clarified that on the east the interchange will remain the way it is; however they are providing additional entrances from Red Hills Parkway.  Additionally, there will be access from Middleton Drive to their parking lot as well.   City Manager Gary Esplin noted the intersection Councilmember Bowcutt referred to is terrible.  The access to the parking lot and people coming to this property if approved should be accessed off Red Hills Parkway.   City Attorney Shawn Guzman advised there should be a public roadway off Red Hills Parkway and touch the three parcels.   A discussion took place regarding the access.   Mayor Pike opened the public hearing.  He reminded the public that the hearing is regarding the road abandonment, not the water park or height; he gave everyone three minutes each.   Resident Layne Meyers noted there is a problem exiting Middleton already.  He asked for a traffic signal to be installed.    Resident Dorothy Huntington stated she is impacted by the close of Middleton Drive.  There needs to be sufficient room for drivers to turn around without using their driveway.  She outlined the lengths of some of the roads in the area.    Tova Somerville, owner of Somerville Auto & Marine, noted the intersection at Middleton Drive and Red Hills Parkway is impossible to get a boat and trucks to them; most go down Middleton Drive.  She commented that this vacation will impact their business significantly.  The proposed parking lot for the water park is the narrowest spot in the area.  She noted their security cameras have caught several accidents in the area.  The parking lot for the proposed parking lot will add St. George City Council Minutes September 7, 2017 Page Fifteen   several hundred cars to the already congested area.  She asked the Council to widen Red Hills Parkway as this is a safety issue.      Public Works Director Cameron Cutler explained the proposal and where the proposed development will be.  In 2014, the traffic on Red Hills Parkway in this section was approximately 10,000 vehicles per day.  There was a left turn lane proposed into their area; it is proposed to be five lanes plus a deceleration lane for this portion.  When they return for the trailer park, they will look at improving the road at that time.  A traffic study has not been required, but they have tracked volumes.  There is a proposal access point near the Huntington and Somerville properties.   City Manager Gary Esplin commented if approved as proposed, the right of way from Middleton Drive in front of the properties would not be abandoned.  If the developer agreed with the property owners to build the one road, it would free up the right of way that is not being abandoned in Middleton and then can be abandoned to the property owners.  They are abandoning one access and replacing it with another.  Additionally, staff is presupposing something; if it stays as a roadway, the City cannot say where to put roads until it sees the entire proposal.   Mr. Barney explained the idea is to leave the same access and same width.  If they need more width, drivers are going onto their property to turn around.  What they do own, they are widening and putting in two accesses.  They can leave it open so there are additional accesses.    Mr. Cutler noted there will be some tapering with the five lane road.   City Manager Gary Esplin explained the Mayor and City Council will have to decide how to improve the intersection.  The problem with this road is that the owner on the south is the freeway, no one owns it.  The City has had to cover the cost to improve the roads such as this in the past.    City Attorney Shawn Guzman asked Ms. Somerville if they own the property in Washington City as well.  He noted this property is in addition to the three mentioned previously.   Ms. Somerville stated yes, they own the property.  She explained the Washington City line goes the last 4-5  feet of the shop.  During construction, as they shut down Middleton Drive, her customers will not be able to get vehicles into their business.   City Attorney Shawn Guzman advised the City owns the intersection and can require offsite improvements for a project.  He pointed out there are really four properties that touch the roadway.   Resident Lamar Langston commented they need to have access off Middleton Drive prior to this being abandoned.  The area traffic is congested constantly.  Using these accesses will be flooding Middleton Drive.  They will be impacted by this business because the access is off Middleton Drive. St. George City Council Minutes September 7, 2017 Page Sixteen   Resident Janet Aumann stated she is appreciative that there will be an additional access.  She commented Red Hills Parkway has increased in volume and suggested the new access road be built before they abandon the road as well as a traffic signal be installed.  Additionally, she asked that considerations be made for the Huntington and Somerville businesses.   Resident Brian Plumb commented this is a flood street road.  If the road is closed to a two car width there will be flooding.  He does not want people parking in front of his property; he will have the cars towed.   Resident Trase Taggart commented that all development is great, but a long term plans have to be stuck to.  He is concerned about the wash in the area; he would like to see more detailed plans.  Currently, 1700 East and 1800 East are being heavily impacted.  He commented that more access and a traffic signal is needed.   Resident Tom Thomas commented the area has grown a lot recently and the traffic is terrible.  To close Middleton Drive to benefit a business and hinder residents is the wrong thing to do.    Mayor Pike explained to Mr. Thomas where the road will be widened.  He stated the City cannot force a developer to improve a road where they are not making any changes to the property.  Public Works monitors and does traffic studies periodically; they will do that to determine when roads need to be widened and if a traffic signal is warranted.     City Manager Gary Esplin stated they will not be able to build the road without it meeting safety standards and City requirements.  If an intersection is put in, it will have to meet proper sight distance.  They will have to make it conform to all related safety issues.  Being discussed tonight is whether or not to abandon part of the road and replacing it with the same number of access that are currently there.   Resident Ray Osburn noted he believes the development will be good overall.  Because Seven Peaks charges to park, a lot of the people are parking in the neighborhoods; Middleton cannot afford that.  He asked they do not charge for parking.  Regarding the proposal, he asked about the unimproved green space.  He also feels a traffic signal is needed in the area.   Resident Lamond Gubler stated the road they are proposing does not look as wide as the existing road.  In 1995 approximately 41 plots in the Middleton area had homes; to date 326 additional homes have been added without additional access.  He does not understand why a developer would buy three parcels that are not big enough to build a project they want to without abandoning the road.    Mayor Pike noted they can probably leave the road in; however, he feels it is safer to not have the road go through.   Resident Renda Hunter explained she is impressed with all of the improvements being proposed and believes they will be good for the area.   St. George City Council Minutes September 7, 2017 Page Seventeen   Resident Jay Somerville stated a driver cannot make a right hand turn onto Red Hills Parkway from his business with a boat or trailer and it is almost impossible to make a left turn going west.  If these issues are fixed with this abandonment, he is not opposed to the proposed development.   Mayor Pike closed the public hearing.   Councilmember Randall commented the Council wants to make sure they have access and are safe but cannot do that without abandoning the road.    Councilmember Hughes noted he heard what is already wrong with the intersection and that he sees this as an opportunity to fix the problem in the area.  Regarding traffic, he does not feel it can decrease; however, the city can make plans to accommodate the traffic.  Abandoning this roadway can do that.   City Manager Gary Esplin commented when thinking about Red Hills Parkway and the City’s policy of having the developer pay when it can to improve a road, leads to a problem.  When trying to pay for building roads without using tax dollars has left some of the road may go from a four lane road to a two lane road and then back to a four lane road.  He suggested prior to the development, the City explore ways to continue the four lane road all the way past the campground and look at solving the intersection.  The City inherited the road when Middleton was annexed.    MOTION:      A motion was made by Councilmember Baca to approve vacating a portion of Middleton Drive approximately between 2100 East and 2300 East to accommodate future plans for a commercial development and to include the two stipulations on the road adjustments that were discussed and look into the comments made by the City Manager to widen it. SECOND:        The motion was seconded by Councilmember Arial.   City Attorney Shawn Guzman clarified that as the City Manager explained; on the east side, the intersection will be modified to the satisfaction of the City and the roadway on the west side will be constructed also to the standards and satisfaction of the City.   City Manager Gary Esplin stated it Middleton is abandoned, it needs to be better than what is there currently.  The intersection of Middleton Drive and Red Hills Parkway needs to be solved, whether the developer pays a portion or if it has to be paid out of capital project funds or road funds.     Mayor Pike clarified that the motion and second should include what was discussed, that the abandonment will not be effective until the new connection is made.     City Attorney Shawn Guzman added that the turn lanes discussed will be a condition of development.   Councilmembers Baca and Arial agreed to the include these conditions in the motion and second.       St. George City Council Minutes September 7, 2017 Page Eighteen   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.   CONDITIONAL USE PERMIT   and   BUILDING DESIGN CONCEPTUAL SITE PLAN AND PARKING DETERMINATION and PARKING PLAN: Consider approval of the construction of a tower at a height of approximately 80’ at approximately 2200 East Middleton Drive and Red Hills Parkway.  Red Cliffs Development and Investments LLC, applicant.   Planner Ray Snyder presented the request to construct a tower at a height of approximately 80’ at approximately 2200 East Middleton Drive and Red Hills Parkway.  He presented a PowerPoint presentation covering the following topics: aerial map; conceptual layout; aerial maps of other water parks; numbers of parking spaces; Splash City Adventure Water Park layout; road abandonment; conceptual renderings; model of proposed tower; cross sections; renderings of the entertainment facility; perspectives; concept floor plan; parking entry; parking determination; lighting concept plan; preliminary site lighting plan; preliminary landscape plan; and sample materials.  He outlined the actions that need to be made.  The Planning Commission recommended approval of the conditional use permit with findings A-K and with the following conditions:   1.      The height of the water slide tower as presented is recommended for approval. 2.      Install only low voltage lighting for safety on the water slide tower.  no “attention getting” lights are to be installed. 3.      Avoid “circus colors” and provide more of a “Caribbean theme” coloring.  Avoid any loud colored stripe combinations.   Mayor Pike commented that he would like the applicant to speak about the proposed hours of operation as he believes it would be reasonable to extend them.   Mr. Snyder outlined the proposed hours of operation.  The Planning Commission approved the building design conceptual site plan and parking plan with the following conditions:   1.      The applicant shall demonstrate that UDOT has abandoned to the satisfaction of the City Attorney’s office for the right of way for Middleton Drive within the project area as shown on the conceptual site plan. 2.      The applicant shall be responsible to install a new roadway to connect the remaining portion of Middleton Drive to Red Hills Parkway. This will be located west of the RV park, adjacent to the wash and will be at approximately 2075 East Street. 3.      Recommend approval of the conceptual building elevations, building heights, colors, and materials as provided for the building design conceptual site plan 4.      Recommend approval of the proposed parking (387 spaces - 40.2 spaces/acre). 5.      the applicant shall provide a photometric plan which includes a maximum of 1 ft. candle at property line, average 3 ft. candles within the project.   St. George City Council Minutes September 7, 2017 Page Nineteen   6.      With the submittal of a site plan review application, a landscape and irrigation plan will be required.  In addition to meeting the minimum requirements of Title 10, Chapter 25 of City code, the applicant shall provide additional landscaping as a buffer against the residential zones to the west. 7.      Future site plan review applications and plans shall be submitted and approved by staff. 8.      A drainage study and plan will be provided to staff as part of the plan review process.   After being asked by Councilmember Bowcutt, he stated the tower is approximately 30’ from the property to the east.  The cabanas on the east side should have a minimum setback which he outlined.    Councilmember Arial commented that she wants this to be successful.  The colors should be bright and fun, not earth colors.  She also believes the park should be open until 11:00 pm. on weekends.   Regarding the lighting, she does not want to intrude on neighbors, but patrons need to be safe.    Applicant Shayne Barney clarified they will not have direct lighting on the tower; only the rope lighting for safety and internal LED lights inside the tubes.  They would like to remain open until 9:00 on weekdays and 11:00 on weekends; they will close on Sunday.  He explained they intend to have a lot of landscaping and that the hill is taller than the proposed tower.  He clarified they will not charge for parking.   MOTION:      A motion was made by Councilmember Baca to approve the conditional use permit to construct a tower at a height of approximately 85’ as stipulated. 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.   A discussion took place regarding the hours, colors, and lighting.   AMENDED MOTION:        Councilmember Baca amended his motion to add the allowed hours of operation to be from 10:30 am to 11:00 pm, using the colors and lighting they requested and submitted with the lighting to be approved by staff. SECOND:        The amended 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. St. George City Council Minutes September 7, 2017 Page Twenty   MOTION:      A motion was made by Councilmember Randall to approve the parking plan as submitted. 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.   MOTION:      A motion was made by Councilmember Arial to approve the building design conceptual site plan. 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.   CONDITIONAL USE PERMIT: Consider approval of a conditional use permit to construct an accessory structure exceeding the height of 15’ at 1572 South View Point Drive.  David Jenson, applicant.   City Manager Gary Esplin commented there were no issues with this request at the Planning Commission meeting.   MOTION:      A motion was made by Councilmember Arial to approve the conditional use permit to construct an accessory structure exceeding the height of 15’ at 1572 South View Point Drive. SECOND:        The motion was seconded by Councilmember Randall. 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.   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 costs; anticipated proportionate cost of future system improvements; financing sources; calculating the impact fee; impact fee; current impact fee; and district recommendation to board.   A discussion took place regarding impact fees and the proposed increase.   Mayor Pike noted that in a meeting with some home builders, none of them were opposed to this proposal.   Mr. Thompson commented that many of the homes in the City are second homes.       SET PUBLIC HEARINGS: Assistant Public Works Director Wes Jenkins advised at its meeting held on August 22, 2017, the Planning Commission recommended to set public hearings for September 21, 2017 to consider the following: 1) changing the rezone from RE-37.5 (Residential Estate) to R-1-10 (Single Family Residential 10,000 sq. ft. minimum lot size) on 1.3516 acres located at 1330 West 750 North; 2) changing the rezone from C-3 (General Commercial) to PD-SH (Planned Development 0 Student Housing) on approximately 1.04 acres generally located at 1100 East and Tabernacle Street; and 3) a zoning regulation amendment to amend Title 10, Chapter 7F of City code pertaining to Residential Central City Rezone to amend development standards for minimum lot width, rear yard setbacks, and side yard setbacks.   MOTION:      A motion was made by Councilmember Randall to set the public hearings for September 21, 2017. 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.   FINAL PLAT: Assistant Public Works Director Wes Jenkins presented the final plat for BGG LLC Commercial, a 4-lot commercial subdivision located at 1068 East Riverside Drive; zoning is Planned Development Commercial.  He showed and outlined the final plat.   MOTION:      A motion was made by Councilmember Hughes to approve the final plat for BGG LLC Commercial. 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 St. George City Council Minutes September 7, 2017 Page Twenty-two   Councilmember Arial – aye Councilmember Baca – aye           The vote was unanimous and the motion carried.   FINAL PLAT: Assistant Public Works Director Wes Jenkins presented the final plat for Desert Valley Phase 2, an 18-lot residential subdivision located on Rocky Talus Way in the Desert Canyon Development; zoning is R-1-10.  He showed and outlined the final plat.   MOTION:      A motion was made by Councilmember Randall to approve the final plat for Desert Valley Phase 2. 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.   FINAL PLAT: Assistant Public Works Director Wes Jenkins presented the final plat for Desert Valley Phase 3, an 18-lot residential subdivision located on Rocky Talus Way in the Desert Canyon Development; zoning is R-1-10.  He showed and outlined the final plat.   MOTION:      A motion was made by Councilmember Randall to approve the final plat for Desert Valley Phase 3. 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.   FINAL PLAT: Assistant Public Works Director Wes Jenkins presented the final plat for Hughes Subdivision Phase 2, a 13-lot residential subdivision located on 2160 East Street at approximately 2300 South; zoning is R-1-10.  He showed and outlined the final plat.   MOTION:      A motion was made by Councilmember Hughes to approve the final plat for Hughes Subdivision Phase 2. SECOND:        The motion was seconded by Councilmember Bowcutt. VOTE:              Mayor Pike called for a vote, as follows: St. George City Council Minutes September 7, 2017 Page Twenty-three   Councilmember Hughes – aye Councilmember Randall – aye Councilmember Bowcutt – aye Councilmember Arial – aye Councilmember Baca – aye           The vote was unanimous and the motion carried.   FINAL PLAT: Assistant Public Works Director Wes Jenkins presented the final plat for Maple Estates Phase 2, a 21-lot residential subdivision located on Copper Cliff Drive at approximately 3000 East and 3600 South; zoning is R-1-10.  He showed and outlined the final plat and noted a portion of the property, a hillside, is proposed to be dedicated to the City.   MOTION:      A motion was made by Councilmember Randall to approve the final plat for Maple Estates Phase 2 and to accept the hillside property donation. 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.   FINAL PLAT: Assistant Public Works Director Wes Jenkins presented the final plat for Entrada at Snow Canyon Chaco West Phase 4C, a 7-lot residential subdivision located at the south end of Kiva Trail at approximately 2780 West and 2370 North; zoning is Planned Development Residential.  He showed and outlined the final plat.   MOTION:      A motion was made by Councilmember Randall to approve the final plat for Entrada at Snow Canyon Chaco West Phase 4C. 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.   PRELIMINARY PLAT: Assistant Public Works Director Wes Jenkins presented the preliminary plat for Desert View Phase 2, a 9-lot residential subdivision located at approximately Broken Mesa Drive; zoning is Planned Development Residential.  He showed and outlined the preliminary plat.   St. George City Council Minutes September 7, 2017 Page Twenty-four   MOTION:      A motion was made by Councilmember Baca to approve the preliminary plat for Desert View Phase 2. SECOND:        The motion was seconded by Councilmember Randall. 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.   PRELIMINARY PLAT: Assistant Public Works Director Wes Jenkins presented the preliminary plat for Fieldstone Phases 5 & 6, a 55-lot residential subdivision located at approximately 2240 East 3670 South; zoning is RE-12.5 and RE-20.  He showed and outlined the preliminary plat.  Staff is working with the developer to purchase additional property to get all of the utilities in.   MOTION:      A motion was made by Councilmember Hughes to approve the preliminary plat for Fieldstone Phases 5 & 6. 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.   RESOLUTION: CONSIDERATION FOR ADOPTION OF A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ST. GEORGE, UTAH DELEGATING AUTHORITY TO FINALIZE THE TERMS AND CONDITIONS OF THE ISSUANCE AND SALE BY  THE ISSUER OF ITS EXCISE TAX REVENUE AND REFUNDING BONDS, SERIES 2017, RELATED MATTERS.   City Manager Gary Esplin explained that a committee will be formed consisting of the Mayor, City Manager, and Finance Director that will negotiate the interest rates and finalize the issuance of the bonds.    MOTION:      A motion was made by Councilmember Arial to approve the resolution as drafted. SECOND:        The motion was seconded by Councilmember Hughes. VOTE:              Mayor Pike called for a roll call vote, as follows:     St. George City Council Minutes September 7, 2017 Page Twenty-five   Councilmember Hughes – aye Councilmember Randall – aye Councilmember Bowcutt – aye Councilmember Arial – aye Councilmember Baca – aye           The vote was unanimous and the motion carried.   DEVELOPMENT AGREEMENT: Consider approval of a development agreement between The Vintage at Tabernacle, Dixie State University and the City for student housing.  The Vintage at Tabernacle, applicant.   City Manager Gary Esplin presented the development agreement between The Vintage at Tabernacle, Dixie State University, and the City for student housing.  He explained the agreement binds the developer and the University allowing them a reduction in the required parking.   MOTION:      A motion was made by Councilmember Arial to approve the development agreement between The Vintage at Tabernacle, Dixie State University and the City for less parking. 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.   DONATION AGREEMENT: Consider approval of a donation agreement and warranty deed for a small parcel of remnant property adjacent to Mathis Park.  MBA Properties, LLC, applicant.   City Manager Gary Esplin explained this donation agreement is for a small parcel of remnant property adjacent to Mathis Park.   MOTION:      A motion was made by Councilmember Randall to approve the donation agreement and warranty deed for a small parcel of remnant property adjacent to Mathis Park.  SECOND:        The motion ...

...rried. AWARD OF BID: Consider award of bid for construction of Forest Park. Purchasing Manager Connie Hood recommended award of the base bid to the low bidder, Precision Development from Cedar City, in the amount of $294,498. A local bidder has declined the 5% match. City Manager Gary Esplin commented he is not recommending any alternates. Zac Koceja explained the scope of work is a neighborhood park which will include a trellis-type pavilion, a functioning irrigation pond surrounded by trees, a restroom, off-street parking, a playground and turf grass. There will be lighting on the pavilion and at the restroom and three lights in the parking area. The alternate bid included design of a small play structure with a nature theme. In the past the City has used the Parks tech crew to install the playground as a cost savings measure. He recommended award of the base bid and purchase of the playground equipment and installation by City crews. Construction will begin August 22 with completion by November 14. There will be five parking spaces. There is available street parking. City Manager Gary Esplin explained that the City normally does not have a lot of parking in neighborhood parks because it does not want to encourage people coming from outside areas to use the park. MOTION: A motion was made by Councilmember Shakespeare to award the bid as recommended. SECOND: The motion was seconded by Councilmember Almquist. VOTE: Mayor McArthur called for a vote, as follows: Councilmember Almquist - aye Councilmember Bunker - aye Councilmember Shakespeare - aye Councilmember Nickle - aye The vote was unanimous and the motion carried. SET PUBLIC HEARINGS: Bob Nicholson explained that the Planning Commission, at its meeting held July 26, 2011, recommended that public hearings be scheduled for August 18, 2011 to (1) consider a zone change from A-1 and A-20 to RE-12.5 on 6.314 acres located at 2710 East and south of Crimson Ridge Drive; and (2) consider a general plan amendment on 2.28 acres from MDR to HDR for Color Country Senior Housing at the southeast corner of 900 South and 400 East. MOTION: A motion was made by Councilmember Bunker to set the public hearings as recommended. SECOND: The motion was seconded by Councilmember Almquist. VOTE: Mayor McArthur called for a vote, as follows: Councilmember Almquist - aye Councilmember Bunker - aye Councilmember Shakespeare - aye Councilmember Nickle - aye The vote was unanimous and the motion carried. FINAL PLATS: Todd Jacobsen advised that the Planning Commission, at its meeting held July 26, 2011, recommended approval of the following final plats: Tonaquint Terrace Phase 3, Tonaquint Valley Phase 3, Meadow Valley Farms Phase 1, and Sun Valley Phase 3. MOTION: A motion was made by Councilmember Almquist to approve the final plats and authorize the Mayor to sign them. SECOND: The motion was seconded by Councilmember Bunker. VOTE: Mayor McArthur called for a vote, as follows: St. George City Council Minutes August 4, 2011 Page Four Councilmember Almquist - aye Councilmember Bunker - aye Councilmember Shakespeare - aye Councilmember Nickle - aye The vote was unanimous and the motion carried. CONDITIONAL USE PERMIT: Consider approval of a conditional use permit to operate a bed and breakfast inn and a hair salon in the historic home at 164 West 100 South. Mr. and Mrs. James Gaskell, applicants. Craig Harvey explained that in 1994 this home was once a bed and breakfast, but the conditional use permit has since expired. Under the landmark ordinance the City can approve limited commercial uses in landmark sites. The application proposes to re-establish a bed and breakfast with three sleeping rooms and a hair salon in the carriage house. All parking will be on appropriate hard surfaces. The Planning Commission recommends approval subject to the following conditions: 1) Four additional off-street parking spaces beyond the two required for the dwelling, for a total of six spaces on site. 2) Maintain an open and clear driveway. 3) Maintain the level of landscaping existing at the time of this approval and maintain the historic quality of the property. Mrs. Gaskell, applicant, advised there will be only one hair station. Councilmember Bunker expressed concern that there be no employees in the hair salon. MOTION: A motion was made by Councilmember Almquist to approve the conditional use permit subject to the recommendations of the Planning Commission. SECOND: The motion was seconded by Councilmember Nickle. VOTE: Mayor McArthur called for a vote, as follows: Councilmember Almquist - aye Councilmember Bunker - aye Councilmember Shakespeare - aye Councilmember Nickle - aye The vote was unanimous and the motion carried. PUBLIC HEARING/AMEND CITY CODE/ORDINANCE: Public hearing to consider an amendment to Title 10, Chapter 11, St. George City Code, to define allowable fencing in the old St. George Industrial Park in an M-1 zone. City Planner Ray Snyder explained this request is staff initiated. This small change will allow for chain link fencing with slats in the old industrial park. Mayor McArthur opened the public hearing. There being no public comment, he closed the public hearing. MOTION: A motion was made by Councilmember Bunker to approve the ordinance. SECOND: The motion was seconded by Councilmember Shakespeare. VOTE: Mayor McArthur called for a roll call vote, as follows: Councilmember Almquist - aye Councilmember Bunker - aye Councilmember Shakespeare - aye Councilmember Nickle - aye The vote was unanimous and the motion carried. PUBLIC HEARING/ZONE CHANGE/ORDINANCE: Public hearing to consider a zone change from PD Residential to PD Commercial on 26.07 acres located one-half mile northeast of Exit 6 on the Southern Parkway to allow for an RV park in the Desert Canyons project. Curt Gordon, applicant. City Planner Craig Harvey displayed a site map and map of the access road to the RV park. He presented landscaping details for the RV pads, a site concept and color scheme. The RV park will support 200 spaces with room to expand in the future. Full hook-ups will be St. George City Council Minutes August 4, 2011 Page Five provided for all spaces. A restroom, laundry, and pool will be provided. Rentals will be nightly and weekly. City Manager Gary Esplin commented it needed to be made clear that park models would not be allowed and there are to be no monthly or yearly rentals. All RV park standards in the ordinance must be complied with. A 50' right-of-way will connect the RV park to Desert Canyons Parkway and must be dedicated before the park is open. 25' of asphalt must be provided now, and as improvements in the area are made the road must be fully improved to the required standard. The City will have to consent to the dedication of road through the applicant’s property, which it is holding as a security interest for the loan from the state. The property will be released as payments are made. Mr. Harvey commented that the RV park is part of the Desert Canyons master plan and the Planning Commission recommends approval subject to the following condition: the RV park be developed according to the development standards as outlined in Ordinance 10-7D-9, Recreational Vehicle Park/Subdivision Development Standards. Curt Gordon, representing the applicant, clarified that this is a traditional RV park/campground and they have no plans to allow permanent stays or to sell pads. He stated they also planned on having little cabins on pads for those who need a place to stay overnight but don’t have an RV. He stated they intended on developing in phases and would like to have the 6' wall requirement adjacent to the open space waived. They would like to keep the area adjacent to the Ft. Pearce Wash open without any fencing. Their intent is to someday create a linear park in the upper terraces of the Ft. Pearce Wash. City Attorney Shawn Guzman inquired about a time frame to build the park and the fence. City Manager Gary Esplin explained the purpose of the fencing requirement is to act as a barrier when there is a conflicting zone, such as higher density or residential vs. manufacturing. He stated he was not sure the intent of the fencing requirement was meant for an open space zone. Mr. Gordon commented that while it is their intent to someday build a park, he could not commit to a timeline. City Manager Gary Esplin suggested that if the use changes from open space, then a wall could be required. Further, if Desert Canyons desires a park in this area, it is their responsibility to do so, not the City’s. Mr. Gordon replied that a park is part of their vision but they do not want it to become a requirement. There is criteria in the development agreement that limits disturbance of the wash. Councilmember Almquist inquired if accommodation would be made for those with four wheelers who would like to ride in the adjacent Arizona strip. Mr. Gordon replied that no formal trails are planned at the moment, but it is a good idea and something they would probably like to consider. Councilmember Bunker inquired about tent spaces. Mr. Gordon replied they will probably put in a few and is something they would like to be allowed to do. City Manager Gary Esplin advised that if the tent spaces are not in the narrative which has been presented, the applicant will have to redesign the plan and present it at a later date. City Attorney Shawn Guzman clarified for the record that it is the intent of the applicants to provide for overnight stays and they agree to limit the length of the stays to that of hotels in St. George or whatever ordinance applies to RV parks. Mr. Gordon replied that is what they are going to do; they are not looking for permanent residents. They will do whatever the ordinance allows. Mayor McArthur opened the public hearing. There being no public comment, he closed the public hearing. City Manager Gary Esplin suggested that because of the uniqueness of the site and its location adjacent to the wash, that the applicants not be required to put in a wall. St. George City Council Minutes August 4, 2011 Page Six MOTION: A motion was made by Councilmember Bunker to approve the zone change and waive the requirement for the wall as long as the adjacent zone remains open space. SECOND: The motion was seconded by Councilmember Shakespeare. VOTE: Mayor McArthur called for a roll call vote, as follows: Councilmember Almquist - aye Councilmember Bunker - aye Councilmember Shakespeare - aye Councilmember Nickle - aye The vote was unanimous and the motion carried. PUBLIC HEARING/ZONE CHANGE/ORDINANCE: Public hearing to consider a zone change from R-3 to PD Commercial on 4.9 acres located at 2000 East Riverside Drive. Mr. Rich Lewis, applicant. Bob Nicholson explained that adjacent zoning is R-3 to the north, the Virgin River floodplain lies to the east, and there is PD Residential zoning to the south. The applicant provided large, oversize exhibits, but staff has misplaced them. The project consists of four buildings; two as assisted living. There will be a total of 155 beds. All buildings will be single level. Two retail office spaces will have a combined square footage of 20,900 sq. ft. 136 parking spaces are required and 141 are being provided. He then displayed t...

...F BID: Consider award of bid to JMI Constructors for a new neighborhood park in Little Valley. City Manager Gary Esplin advised the bid is for Silkwood Park in the Little Valley area. The proposal with the developer was to take the private park and expand it into a larger park. The City would take over the operation and maintenance. This bid is to construct the park which is included in this year’s budget. Purchasing Manager Connie Hood advised the bid is for Silkwook Park. JMI Constructors was the low bid at $385,301.22 which is below the engineer’s estimate. Councilmember Almquist inquired if the bid is quite a bit lower than another one, how does staff ensure that something is not missing. Ms. Hood replied that there is an itemized bid list that is reviewed by the project engineer and the group that puts the summary together. JMI is a local contractor. MOTION: A motion was made by Councilmember Almquist to approve the bid award to JMI Constructors for $385,301.22 for Silkwood Park in the Little Valley area. SECOND: The motion was seconded by Councilmember Hughes. 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. DESIGN AND ENGINEERING CONTRACT: Consider approval to hire an architect and engineer for the design and engineering of the Electric Theater restoration/renovation project. City Manager Gary Esplin advised that this item is in the current budget. If approved, this will allow for a contract with Kim Campbell and Ron Larsen for the design and engineering. When the FY14 budget was approved, Council authorized approximately $300,000.00 to stabilize the theater and to design the two adjacent buildings. This particular contract is for the stabilization of the theater with a cost of $154,938.00 Councilmember Arial inquired about what type of project is this. City Manager Gary Esplin advised the theater was built in the early 1900's or late 1800's and is part of the downtown revitalization to protect historic preservation and economic development. The theater will provide a place for the art groups and is a form of economic development. When the consultant was hired to look if a major theater was needed downtown, it was suggested that as part of downtown it should have an arts district. Councilmember Hughes stated that he was reluctant on this issue initially. This project was not on his top priority list. Now, he can see the wisdom in having the facility. It is a historic preservation project and it is going to benefit the downtown area. St. George City Council Minutes January 30, 2014 Page Four MOTION: A motion was made by Councilmember Hughes to approve the contract for design and engineering of the Electric Theater with Kim Campbell and Ron Larsen for $154,938.00. SECOND: The motion was seconded by Councilmember Almquist. Councilmember Almquist stated that the Council will receive options on what can happen with the buildings. Previously, there was a presentation on how the buildings can be used. Leisure Services Director Kent Perkins advised that there have been focus groups and a number of individuals came in to have their input included. The intent was to meet with the architect and review the report based on the needs of the community. City Manager Gary Esplin advised with regard to the structure itself, there are only a couple of options. He explained that the options are either preserving all of the existing buildings or preserve only the theater and tear down the other two buildings and redoing the frontage as it was historically. The outside of the building will be restored similar to what is was in 1911. The inside restoration will need to be decided. Councilmember Arial stated she believes this is a fabulous idea. It makes sense to have things up to date for the arts. Mayor Pike stated that it was a movie theater, however, the hope is to use the building for other things. Mr. Perkins advised there has been a lot of research done over the past few weeks as well as discussions with some of the folks that were originally involved when the theater was built. 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. PROFESSIONAL SERVICES AGREEMENT: Consider approval of a professional services agreement with CRSA for the Master Plan site review for Fleet. Support Services Manager Marc Mortensen advised the agreement is with CRSA to Master Plan the Fleet facility. The department is growing quickly with the services that they provide. The current budget includes new refueling tank and pumps, however, due to possible future expansion, staff is not sure if the original location is the right place to put them. This contract is for CRSA to review the future needs of Fleet including mass transit. Some of the funds set aside for the tanks will be used for this agreement. MOTION: A motion was made by Councilmember Randall to approve the professional services agreement with CRSA for a site review for Fleet in the amount of not to exceed $26,000.00 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 St. George City Council Minutes January 30, 2014 Page Five The vote was unanimous and the motion carried. INCREASE ENERGY SERVICES RATE SCHEDULE/RESOLUTION: Consider approval of a resolution increasing the Energy Services rate schedule. City Manager Gary Esplin advised this item is a recommendation to increase the electric fees. Last year, there were discussions with the Council explaining the problems with regard to the increased cost of power, which the City has no control over. When the budget was approved in July, it was known that there would be a 4% increase in the cost of power from Deseret Generation and Transmission. That increase is a fixed increase built in until the year 2019. The City has seen an 11.5% increase since July 1, 2013 in cost of power and transmission. Operating costs have gone down over the past couple of years. He explained that the Council recently approved the refunding of bonds that were issued for the gas turbine project. When bonds are issued, you make covenants to maintain rates to cover the payments for the bonds. Normally, there needs to be a 1-1 coverage if impact fees are not included. Revenues have to be 125% more than operating expenses. If the rates are not increased, the City might not be able to meet its rate covenants agreed to in the bond issuance, which affects the bond rating. Raising the rates 7% across the board will put the City back to where it should be on July 1, at the end of the current fiscal year. He mentioned that in comparison, if the rate increase is approved, the City’s average cost for residents is .0956, Dixie Escalante is .0688, Washington City is .097, Santa Clara is .099, Provo is .113, Bountiful is .1073, Logan is .163, Springville is .1173, Lehi is .0968, Murray is .1034, Rocky Mountain Power is .1327, and Hurricane is .0872. Other than Dixie Escalante, the City of St. George rates are one the lowest. The proposed increase will be 7% across the board to be effective immediately. Councilmember Almquist stated that City Manager Gary Esplin is pointing out that this is out of the City’s control. The City is forced to pass the increase through to the consumer. Based on his research there is more to come. Councilmember Hughes stated this is a hard thing to do. It’s not the City operational costs that are increasing, it is the cost of power and transmission of that power that has increased. MOTION: A motion was made by Councilmember Hughes to approve the resolution to increase the power rates across the board by 7% effective immediately. SECOND: The motion was seconded by Councilmember Almquist. 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. PUBLIC HEARING/ZONE CHANGE/ORDINANCE: Public hearing to consider approval of an amendment to the City Zoning Regulations, section 10-10-5:K to modify the requirements for mixed use projects in the C-4 zone. City Manager Gary Esplin advised the Mayor opened the public hearing last meeting, however, the ordinance is not quite ready. There are two issues with regards to the mix of commercial and residential, can it be staggered and what is the standard for required landscape. Bob Nicholson stated this remains a work in progress. He stated this started by trying to add flexibility to the ordinance which states that the ground floor of all buildings shall have commercial use. Staff started adding in some flexibility for developers to look at other options. The proposed language states the requirement that the ground floor be limited to St. George City Council Minutes January 30, 2014 Page Six only to commercial use may be altered to allow residential use if the following conditions are met: The view of the ground floor is obstructed from the public street by the buildings location in the interior of the project or its obstruction from street view by other buildings in the project; A minimum of 50% of the ground floor area of the project shall be for commercial uses. The commercial floor area above the ground floor may be used to satisfy this 50% requirement; and for buildings that are perpendicular to the street so that the majority of the building is not adjacent to the street, the end of the building adjacent to the street must have commercial uses on the ground floor but may have residential use on the remainder of the ground floor that is not oriented toward the public street, if the project complies with the other conditions provided in this section. These are all subject to design review by the Planning Commission and the City Council. City Attorney Shawn Guzman stated this also falls back to default provisions depending on the size of the project. Mr. Nicholson read additional proposed language which states: If the project is built in phases, each phase shall be all commercial or may include a mix of commercial and residential use. No phase shall be solely residential; and all buildings adjacent to a public street shall have primary frontage oriented toward the public street an shall have a design typical of a commercial building front with integrated style features compatible with other street facing buildings in the project including a significant entryway. Councilmember Almquist advised these projects will have to come before the Planning Commission and City Council for review. Staff is not trying to design the building just give the developer options. Mr. Nicholson read additional proposed language which states: Mixed use building heights above thirty five feet (35') will be subject to a conditional use permit as defined in this code; and parking lots shall be located in the interior of a project and not adjacent to a public street. He believes there may be situations in which a parking lot adjacent to a street will be a reasonable alternative. Some may see prohibiting a parking lot adjacent to a street may be problematic. City Attorney Shawn Guzman advised the ordinance will prohibit a developer who wants to put a parking lot on the corners. Councilmember Hughes stated that most mixed use projects are planned that way, with the parking in the back. Mr. Nicholson presented pictures of mixed use plan. If the parking lot issue can be resolved, staff feels pretty good about the ordinance. City Attorney Shawn Guzman advised the set back for the Main Street garage it is not too far of the street. Mayor Pike advised that the Council could continue the public hearing. He asked the audience if anyone was present that would like to make comment. He reopened the public hearing. Wes Davis, a developer, stated he feels comfortable with most of what has been presented. The verbiage proposed by the Legal Department and staff works well. With regards to section D, he supports Mr. Nicholson’s stance on the issue, but the way it is worked doesn’t quite work. His other suggestion is regarding the landscaping section, the standard nationwide is approximately 10-15%. He is wondering if there a is simpler way to propose that by saying that it is not to exceed a certain percentage. City Manager City Manager Gary Esplin advised he is concerned with density. If the units are rented to families with children, he questions the livability of those with children. City Attorney Shawn Guzman stated that a C-4 zone requires a buffer zone between an adjacent zone the is different and also in the parking areas. Language can be added that St. George City Council Minutes January 30, 2014 Page Seven states, if a complex include amenities, that space can be counted; however, there may still be an amount of green space that is required. City Manager Gary Esplin suggested to put this item on the next meeting agenda for formal action. That will allow staff an additional week to review the ordinance. Mayor Pike closed the public hearing. He asked that staff work on further refinements. Councilmember Almquist stated that with regards to landscape, the interior might have more ground. On the frontage, landscaping is vertical, never horizontal because there is no room. PUBLIC HEARING/CITY ZONING REGULATIONS/ORDINANCE: Consider approval of an ordinance amending the City Zoning Regulations, Section 10-18-3:A&C to allow for a 6' high fence or wall to be built to the street-side property line on corner lots. City Manager Gary Esplin advised this item was previously heard and that a public hearing took place. Staff was instructed to meet with the home builders association to work out some issues. The concerns are the safety zone for a driver backing out of their driveway and not able to see someone on the sidewalk. Additionally, does the Council want to regulate where a driveway would be required if there is a wall next to it. Bob Nicholson advised that staff met with the Southern Utah Home Builders Association (SUHBA). Their position is that, on a corner lot, they would rather be able to go to the property line and allow for a solid wall. The draft ordinance would allow for a solid 6 foot wall be built on the property line. Additionally, to promote public safety and to provide for maintenance needs of various facilities and equipment the following clearances are required for fences, walls and similar structures: 1) Five feet from pad mount transformer or 4-way vault; 2) Ten feet from the door side of pad mount switch gear and five feet from the non-door side of the switch gear; 3) Five feet from fire hydrants; 4) Three feet from water meter boxes and 5) Three feet from telephone pedestals. Staff will return with an amendment that would require a driveway be located six feet from a property line. He stated that SUHBA is comfortable with the wall going to the property line if the clearances apply. Some utilities are in conduits that are placed prior to a wall being put in. City Manager Gary Esplin stated would need to look at the location of the utilities. If over the easement, the City will tear the wall down and the homeowner would be responsible to replace it. Mr. Nicholson stated that this issue can be addressed with the Joint Utilities Commission (JUC). City Attorney Shawn Guzman advised the City needs to check with Baja to see what kind of clearances they need. With regards to code enforcement, the ordinance can state that a driveway needs to be 6 feet from the fence, however, some homeowners may cement the area next to the driveway to park a boat. This would create a difficulty for the code enforcement officers. Mr. Nicholson stated that for many years, as long as the fence ordinance has been in place has allowed for 4 foot wall. Now the suggestion is to allow it to go to 6 feet. There is no rush since the change is City generated. Wes Jenkins stated at the meeting with SUHBA, it was discussed to put a note on the plot that the driveways will have to go on the other side. Curb cuts are included in the ordinance and states that driveways have to be 6 feet off the property line. City Manager Gary Esplin stated that the Council can adopt the ordinance as proposed. Staff can work with the utility companies to make sure the cable companies conform. St. George City Council Minutes January 30, 2014 Page Eight City Attorney Shawn Guzman inquired if the Council wanted to add language that talks about the cement being added next to a driveway. It would be easier for code enforcement to say that it is ok to fill that area in as long as the curb cut is still at least 6 feet over. City Manager Gary Esplin stated that Phil Solomon pointed out that if the language states communication that would cover cable as well. City Attorney Shawn Guzman advised the language should add video. MOTION: A motion was made by Councilmember Hughes to approve the amendment to this code with an amendment adding the curb cut being 6 feet from the property line and that it is ok to fill in that area and to add in section 10-18-5 to add communication or video pedestal. SECOND: The motion was seconded by Councilmember Almquist. 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. HISTORIC PRESERVATION COMMISSION REPORT: Report from the Historic Preservation Commission meeting held January 14, 2014. Bob Nicholson stated the Historic Preservation Commission discussed the Orval Hafen home. In 2012, the City Council designated the property as a City Landmark site. There were some stipulations that required the property owner to add siding to the home in addition to changing the roof from metal to composite shingle. The applicant found out that replacing the roof was going to be difficult. Commission recommends the metal roof can remain if it is repainted to a tan color to be approved by Kim Campbell. Councilmember Almquist stated the original roof was asphalt with gravel. At that time it blended with the architecture. Mr. Nicholson stated the estimate was approximately $60,000.00 to replace the roof and a few thousand to paint it. Susan Crook, representative for the applicant, explained that she spoke with the state historic preservation office about this property. She asked them if they felt it was important to do anything with the roof at this point. They told her that they could not make the determination without an application. She believes the home is an important home to the community. There is an intent to maintain the prop as part of the exhibit for the arts. Councilmember Arial stated the home sits up on the top of a hill. The integrity of the historic home is there when you look at it. She feels it would be appropriate to leave the roof as is. Ernie Doose, applicant, stated this is an amazing home, but it needs to have a full restoration. He explained that they are a non profit organization. It is still their intent to restore the home to its original look. They have not been able to operate for the past 2 years because they could not get a business license since they could not meet the restrictions. They are willing to paint the front of the roof. Their intent is to get the home on the national registry and to get to the home to its original state. St. George City Council Minutes January 30, 2014 Page Nine Councilmember Almquist stated his concern is what sort of life they would get out of painting it. He changed his feelings and believes the Council should stay this request and allow them to get their business license. City Manager Gary Esplin advised the Council can approve the recommendations from the commission and delete the requirement to paint the roof. MOTION: A motion was made by Councilmember Arial to approve the deletion and accept the home as is. SECOND: The motion was seconded by Councilmember Randall. Councilmember Almquist stated he believes that in this case the color is acceptable. VOTE: Mayor Pike called for a vote, as follows: Councilmember Almquist- aye Councilmember Hughes - aye Councilmember Randall - aye Councilmember Bowcutt - aye Councilmember Arial - aye SPECIAL OLYMPICS POLAR PLUNGE: Consider approval of the Special Olympic Polar Plunge. Police Officer Jeremy Needles advised this will be the second annual Polar Plunge. Last year they raised $17,000.00 for the Special Olympics. The pool is set to 38 degrees and will have two tons of ice. The event will be February 22 starting at 10:00 a.m. MOTION: A motion was made by Councilmember Almquist to approve the request for the use of the City Pool. SECOND: The motion was seconded by Councilmember Randall. 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. SET PUBLIC HEARINGS: Ray Snyder advised that the Planning Commission, at its meeting held on January 21, 2014, recommended that a public hearing be scheduled for February 20, 2014 to consider: 1) A request to amend the City General Plan Land Use Map by changing the land use designation from MDR to HDR on approximately 5.71 acres located at approximately 1151 South Plantations Drive. The proposed change would allow construction of “Estancia”, a resort condominium development with opportunities for short term rentals.; and 2) A zone change request from R-1-10 to PD-C for “Jiffy Lube” on approximately 0.66 acres of land located at approximately north of the intersection of River Road and 1450 South. Mayor Pike suggests public hearings in the future start at 5:30 p.m. MOTION: A motion was made by Councilmember Hughes to set the public hearings. 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 St. George City Council Minutes January 30, 2014 Page Ten Councilmember Bowcutt - aye Councilmember Arial - aye The vote was unanimous and the motion carried. CONDITIONAL USE PERMIT: Consider approval of a conditional use permit to establish a short-pour concrete batch plant at 690 North Industrial Road in the St. George Industrial Park. Eric Clay, applicant. Ray Snyder presented the request for a conditional use permit to establish a short-pour concrete plant located at 690 North Industrial Road. At the Planning Commission meeting it was discussed that the applicant will be encouraged to install landscaping which is not required in the manufacturing zone except in section 10-11-4(G). Letters of opposition were received prior to the Planning Commission meeting. One gentleman was interested in having the same type of business across the street. Planning Commission recommends approval. MOTION: A motion was made by Councilmember Randall to approve the proposed conditional use permit. SECOND: The motion was seconded by Councilmember Arial. City Manager Gary Esplin asked if the motion includes the determination of the landscaping the applicant is proposing to add. Councilmember Randall stated to add the landscaping that the owner said he would put in. Councilmember Arial agreed. 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. PRELIMINARY PLATS: Todd Jacobsen advised the following preliminary plats were first approved by the Planning Commission and City Council in 2008. All are located at approximately 2050 East and Colorado Drive and are zoned PD-R. The developer is proposing name changes as follows: Red Cliffs Park Phase 9 will now be known as Red Cliffs Park Phase 5, and is a 3 lot residential preliminary plat; Red Cliff Park Phase 10 will now be known as Red Cliffs Park Estates and is a 4 lot residential preliminary plat; Red Cliffs Park Phase 5 will now be known as Red Cliffs Park East Phase 1 and is a 13 lot residential preliminary plat; and Red Cliffs Park Phase 6 will now be known as Red Cliffs Park East Phase 2 and is a 16 lot residential preliminary plat. MOTION: A motion was made by Councilmember Hughes to approve the preliminary plat amendments as outlined. 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 St. George City Council Minutes January 30, 2014 Page Eleven FINAL PLATS: Todd Jacobsen presented the final plats for Red Cliffs Park Phase 5, a 3 lot residential subdivision located at Colorado Drive and 2050 East, zoning is PD-R; Red Cliff Park Estates, a 4 lot residential subdivision located at Colorado Drive and 2050 East, zoning is PD-R; Red Cliff Park East Phase 1, a 13 lot residential subdivision located at Colorado Drive and 2050 East, zoning is PD-R; Red Cliffs Park East Phase 2, a 16 lot residential subdivision located at Colorado Drive and 2050 East, zoning is PD-R; Riverside Cliffs Subdivision Phase 1, a 28 lot residential subdivision located at approximately 1900 East Riverside Drive, zoning is R-1-8. Staff is working with the Legal Department with regards to a land exchange, the approval of the plat needs to be contingent on Legal approval and is formally known as Palomar Subdivision; Sunterra Subdivision, a 9 lot residential subdivision located at approximately 2110 East and Coyote Springs Drive, zoning is RE-12.5; Sycamore Phase 5, a 3 lot residential subdivision located at approximately 3900 South Little Valley Road, zoning is R-1-10; The Vistas at Entrada Phase 1, a 10 lot residential subdivision located at approximately 2600 North and 2000 West, zoning is PD-R; and Whisper Ridge Phase 5, a 16 lot residential subdivision located at approximately 800 South Cresole Drive, zoning is R-1-10. City Attorney Shawn Guzman advised that Whisper Ridge Phase 5 is subject to Legal review as well. Mr. Jacobsen presented a final plat amendment for Snowfield Estates Amended #4, located at 61 South and 65 South Clinton Circle. The proposal is to take the line between 41A and 41B and adjust it to fit down the middle of the house. Originally, there was a problem with the north line and the offsets because of where a wall was built. All aspects in the final plat are carefully reviewed and meets all preliminary plat conditions and approvals. City Manager Gary Esplin explained the preliminary plat approval process. MOTION: A motion was made by Councilmember Hughes to approve the final plats and final plat amendment as outlined subject to Legal review for Whisper Ridge Phase 5 and Riverside Cliffs Phase I. 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. Councilmember Almquist inquired about the road at the end of Colorado that could possibly connect to Washington City. He asked if there was any progress with that. The developer stated that the original drawing did show the road, but with drainage, he worked out with staff that the best thing is to put in the knuckle. They are dedicating the easement for future a possible future road. PRELIMINARY PLATS: Wes Jenkins presented the preliminary plat for Cornerstone Subdivision Phases 1-4, a 65 lot residential subdivision located at the southeast corner of the intersection of 3000 East and Seegmiller Drive, density is 2.93 dwelling units per acre and zoning is R-1-10. This plat originally came to the City a number of years ago and the final plat was approved and recorded. The property fell into bankruptcy and new owner asked the plat be vacated. At the time the plat was vacated, the owner requested that the portions of 3000 East that were dedicated to the City, remain as public right-of-way and the equestrian trail easement along 3000 East and the easement along the extension of Seegmiller drive remain as dedicated to the City. The developer will put in a deceleration lane off 3000 East. The lots along 3000 East will be double fronting lots and will require a 10 foot landscape strip and a St. George City Council Minutes January 30, 2014 Page Twelve 6 foot privacy wall. Staff is recommending that the 5 foot sidewalk along he north side of Seegmiller Drive be eliminated from 3000 East to proposed lot 61. The future multi-use trail along the north side of Seegmiller will be used in lieu of the sidewalk. There is a 100 foot buffer setback along the south side of Bridle Gate that is part of the City General plan. This buffer is to separate residential from agriculture. The buffer will severely affect lots 61 and 65. Staff’s opinion is that the buffer should be from the equestrian arena on the north side of Bridle Gate, not from the south property, therefore, staff recommends that the buffer not be used against these lots. The developer is proposing a detention basin north of lot 65. He spoke with the Parks Department to see if that would be a nice amenity as part of their trails. Originally, there was a 66 foot road, however, there is an overhead transmission line that cannot be moved. He visited with the Public Works Department and they feel comfortable for the road to go a 50 foot road. Councilmember Hughes stated that they took somewhat of a beating with regard to the buffer. City Manager Gary Esplin stated that it is important that the lots are the same size as the ones across the street. MOTION: A motion was made by Councilmember Almquist to approve the preliminary plat for Cornerstone Subdivision Phases 1-4. SECOND: The motion was seconded by Councilmember Randall VOTE: Mayor Pike called for a vote, as follows: Councilmember Almquist- aye Councilmember Hughes - nay Councilmember Randall - aye Councilmember Bowcutt - aye Councilmember Arial - aye The motion carried. PRELIMINARY PLAT: Wes Jenkins presented the preliminary plat for Riverside Cliffs Phase 2, a 23 lot residential subdivision located south of Riverside Drive at approximately 1900 East, density is 3.36 dwelling unites per acre and zoning is R-1-8. The existing rock walls shown on this preliminary plat were constructed originally when the subdivision was known as Palomar subdivision. A letter from a geotechnical engineer will be required prior to the recording of the final plat that states that these walls were constructed per the City standards. MOTION: A motion was made by Councilmember Hughes to approve the preliminary plat. 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. PRELIMINARY PLAT: Wes Jenkins presented the preliminary plat for Riverstone Subdivision Phase 9, a 13 lot residential subdivision located on the west side of Pioneer Road at approximately 4000 South, density is 2.34 dwelling units per acre and zoning is R-1-10. The project was part of the original Las Colinas subdivision. There is an existing overhead transmission line that extends through this property. The developer, with Dixie Power, is relocating that line to the south boundary line of the project. The developer is proposing a rock slope along the rear of lots 114-120 and 41, 43 and a small portion of lot 42. To construct the proposed . St. George City Council Minutes January 30, 2014 Page Thirteen public roadway, the developer will be required to grade onto the SITLA property to the south. Additionally, the developer is proposing to install sewer from lot 40 to the west along the proposed public roadway and dedicate a small piece to the City. Parks does not know if they would like the property. The proposed cul-de-s...

...leted. The project was building steps down a steep slope to Hidden Valley Park. Brandon stated that a lot of other scouts helped with the project. Mayor McArthur presented Brandon with a Certificate of Appreciation from the City. Mayor McArthur invited all Scouts in the audience to introduce themselves. Mayor McArthur introduced Mr. Jack Rolfe from the School of Life Foundation. Mr. Rolfe explained that on March 28, 2009 the 2nd Annual March Mayhem in the Desert would be held at Pine View High School. Mr. Rolfe stated the event was sponsored by the School of Life Foundation, Tragedy Adult Services and T.E.A.M.R.A.W. Youth Outreach. The event brings a number of Washington County youth organizations together to encourage youth from the area high schools to get together. He explained the main events for the day would be two basketball games. Mr. Rolfe said there would also be other activities by the student bodies for the high schools. Portions of the proceeds from the event will be donated to the Children?s Justice Center and the Washington County School District Foundation. Mr. Rolfe introduced several of the team members, members of the student bodies, coaches and Tammy Fullerton, the Director of the Washington County Crisis Center. CONSENT CALENDAR: Consider approval of the financial statement for February, 2009. St. George City Council Minutes March 19, 2009 Page Two Philip Peterson, Finance Director, said during the past 3 - 4 months the 2008-09 budget had been reduced 17.2% below the previous fiscal year. Mr. Peterson explained that the February sales tax revenues included the December?s quarter and was the largest drop in over 30 years. Mr. Peterson said he was cautiously optimistic that the reduced budget would be sufficient to get through the fiscal year. Council Member Pike requested clarification. He asked Mr. Peterson if there had been a 10% reduction on the 2008-09 budget and another 7.5% that brought the total reduction to 17.5%. Mr. Peterson stated that was correct. He explained that some of the reduction had been accomplished through a partial hiring freeze and through attrition. MOTION: A motion was made by Council Member Pike to approve the financial statement as presented. SECOND: The motion was seconded by Council Member Bunker. VOTE: Mayor McArthur called for a vote, as follows: Council Member Pike - aye Council Member Bunker - aye Council Member Shakespeare - aye The vote was unanimous and motion carried. AWARD OF BID: Consider award of bid for Millcreek expansion circuit breakers. Purchasing Manager Connie Hood explained that five suppliers submitted bids. She said Siemens was the low bidder and offered a 2 year warranty at no additional cost. She recommended award of the bid to Siemens in the amount of $57,750. MOTION: A motion was made by Council Member Bunker to award the bid to Siemens in the amount of $57,750. SECOND: The motion was seconded by Council Member Shakespeare. VOTE: Mayor McArthur called for a vote, as follows: Council Member Pike - aye Council Member Bunker - aye Council Member Shakespeare - aye The vote was unanimous and motion carried. Mayor McArthur asked Ms. Hood to explain the recent changes in the bid amounts that need to be approved by City Council and what amounts can be approved by Purchasing. Ms. Hood explained previously the Council had to approve any bid that was over $25,000. She said that now the Council had to approve any bid that was over $50,000. She said the City used to go out for formal bids on anything that was $10,000 or more but that now it would go out for formal bids on anything that is $25,000 or more. Ms. Hood stated it had been almost twelve years since the City had reviewed the approval amounts for the bidding process. Mayor McArthur asked if all bids were reviewed by the Purchasing Manager. St. George City Council Minutes March 19, 2009 Page Three Ms. Hood said they were. SPECIAL EVENT PERMIT: Consider approval of a special event permit for a festival at Worthen Park. Southern Utah Polynesian Association, applicant. Assistant to the City Manager Marc Mortensen explained that the request for the permit is for May 1st and 2nd, 2009. He stated that Business License Specialist Laura Woolsey had checked to make sure that all requirements have been met and that approvals had been obtained from the Police Department, Fire Department and the Parks Department. Mr. Mortensen said staff recommended approval for the special events permit. Mayor McArthur asked if the applicant wanted to make any comments Ronald Enos said he was the President of the Southern Utah Polynesian Association and stated that the association has given out several scholarships in the amounts of $200 to $300. He explained that the cultural festival is a three-fold activity. He said there is a concert, arts and crafts and various activities. Mr. Enos said the festival is intended to promote ethnic cultures. MOTION: A motion was made by Council Member Bunker to approve the special event permit. SECOND: The motion was seconded by Council Member Pike. VOTE: Mayor McArthur called for a vote, as follows: Council Member Pike - aye Council Member Bunker - aye Council Member Shakespeare - aye The vote was unanimous and motion carried. FINAL PLAT: Assistant to the City Manager Marc Mortensen stated City Manager Gary Esplin noted that one of the items discussed in the Planning Commission meeting held on March 10, 2009 was a request from Sun River for approval of a final plat for ?Sun River Phase 29.? He said Mr. Esplin pointed out that there was still some concern about park property that was to be deeded to the City from either SITLA or Sun River. Mr. Mortensen said that had not occurred and asked Todd Jacobsen to discuss the issue. Mr. Todd Jacobsen, Project Manager, stated the final plat was to create sixteen (16) residential lots. Mr. Jacobsen explained that Scott McCall, representative for Sun River had information about the park issue. Mr. Jacobsen stated the site is located on Heather Glen Drive at approximately 1550 West and 4900 South; the zone is PD. He said the staff and the planning commission recommended approval. Mayor McArthur said he wanted to hear from the applicant about the park issue. Mr. Scott McCall distributed a Sun River Parks Fact Sheet and map to the City Council. He stated that they had just found out about this concern four days ago through an email. Mr. McCall said he thought the issue was with the 4.6 acre area at the west end of Sun River Parkway. He explained they have recently started to put in a dog park in that area. Mr. McCall stated that two years ago Sun River came to the City and discussed trails, parks, and St. George City Council Minutes March 19, 2009 Page Four the fire station. He said the fire station issue had been resolved with a donation of land and grading of the property. Mr. McCall said they followed up that discussion with the City with several meetings with the Parks Department and Sun River planned a general trails and parks scenario which is reflected on the map he handed out. He said the map shows exactly what was decided two years ago. Mayor McArthur asked Mr. McCall if the land shown in the upper right hand corner of the map belonged to Sun River. Mayor McArthur said one of their concerns was where the trail comes through and being able to connect to the trail system and having the right of way to do that. Mr. McCall said the 3.7 acres on the east edge of phase 13 that Mayor McArthur asked about had been the topic of recent discussions with Kent Perkins, Director of Leisure Services and Laura Taylor, Parks Planning Manager. He said he understood that mapping was being created along with trail design. Mayor McArthur asked Mr. McCall if there was a right of way approved for that parcel of land. Mr. McCall said it would be a dedication to the City. Mayor McArthur asked Mr. McCall if the dedication had been made. Mr. McCall said it had not been made. Mayor McArthur asked Mr. McCall if they were willing to get the dedication made. Mr. McCall stated that they were and they had committed to the City two years ago that they would do that. Mr. McCall said the same commitment had been made about the 4.6 acres at the end of Sun River Parkway. Mr. McCall explained that all of the land outlined in red on the map are parks scattered throughout the project. Council Member Bunker asked Mr. McCall if those were public parks. Mr. McCall said they were not. He stated they were all private. He said because of having so many private facilities throughout the project, introducing public parks would give redundant recreational facilities to the area. He said they have provided more than the City would under their current standards. Mayor McArthur explained the City?s goal had been to have a public park within a half mile radius of every resident and they need to do that for this project as well. He stated the City had been collecting park impact fees that need to be expended in that area for public facilities. Mr. McCall said Sun River had built a lot of open parks and they didn?t get used. He said that the Community Center gets used. He said trails would be a more appropriate recreational use in the Sun River area. Mr. McCall said SITLA had committed land for park use in their PD. He stated that he believed from his meetings with Kent Perkins and Laura Taylor they were moving forward with the portion of land along the east border of phase 13 for the trail. Mr. McCall said they would turn over the portion of land on the west end of the Sun River Parkway as soon as a trail head is established. St. George City Council Minutes March 19, 2009 Page Five Director of Leisure Services, Kent Perkins stated he, Laura Taylor and Millie Cockerill had met two or three times in the last month with Mr. Darcy Stewart from Sun River due to a request from Sun River residents for the City to build a dog park. Mr. Perkins said he explained to the Sun River residents that the City didn?t own any property in the project. Mr. McCall stated they had promised that parcel of land to the residents for a temporary use. He said the residents understood that the land would be turned over to the City at the appropriate time and would no longer be used as a dog park. Mayor McArthur said the problem was that the City would get the backlash from the citizens when the land use was changed. Mr. McCall said he knows that it will be difficult for the City. He said they could add the future use of the land to the disclosure list that is given to new buyers. Kent Perkins explained the fence is already up around the property. He said Mr. Stewart is planning to move dirt into the lower level of the area to make it a larger usable space. Council Member Pike asked who is responsible for the donation of the property that is identified as SITLA. Mr. McCall said it was SITLA as part of their PD. Council Member Pike stated he had heard from some Sun River residents that they don?t want a public park in their project and that he had heard from other Sun River residents that they do want a public park in their project. He said there needs to be a public park somewhere in the area whether it is in Sun River or on the SITLA land. Mr. Pike asked if some of the land designated for parks could be substituted for more trails. Mr. Perkins stated the 4 -7 acres designated as SITLA park was because of the future high density use of the area. He said he had also heard that Sun River might eventually acquire the land. He explained the City needed to have the 4 - 7 acres for a park area no matter who owned the land. There was a brief discussion about using land for additional trails. Council Member Bunker asked if it was possible to have the trail head and the dog park in the same location. Mr. Perkins explained that when the road goes through there won?t be any space for parking. MOTION: A motion was made by Council Member Bunker to table the item for two weeks until there can be more discussion about the request. SECOND: The motion was seconded by Council Member Shakespeare. VOTE: Mayor McArthur called for a vote, as follows: Council Member Pike - aye Council Member Bunker - aye Council Member Shakespeare - aye The vote was unanimous and motion carried. St. George City Council Minutes March 19, 2009 Page Six PRELIMINARY PLAT AMENDMENT: Cathy Hasfurther, Engineer IV, explained that the request was to amend the phasing plan for the previously approved Las Colinas Subdivision preliminary plat. She stated the phasing had been changed due to market conditions. She explained that nothing else had been changed as far as details on the construction plans. She said a development agreement was completed for this project that deals with the relocation of the overhead power line and construction of sewer line, Community Park, and trail. The development agreement is being amended due to the timing of the trail that will connect Bloomington to Sun River as well as the park that will be built. Council Member Bunker asked how big the park would be. Ms. Hasfurther said it would be between 3.5 and 4 acres. She explained that the report states there would be twelve phases but between the Planning Commission meeting and the City Council meeting the applicant requested that be changed to fourteen phases. She said the Parks Department had been working on getting the development agreement amended so everything will be in order as far as parks and trails. MOTION: A motion was made by Council Member Pike to approve the request for the preliminary plat amendment with the staff recommendations and changing the phasing from twelve to fourteen. SECOND: The motion was seconded by Council Member Bunker, VOTE: Mayor McArthur called for a vote, as follows: Council Member Pike - aye Council Member Bunker - aye Council Member Shakespeare - aye The vote was unanimous and motion carried. HILLSIDE DEVELOPMENT PERMIT: City Planner Ray Snyder stated the request to obtain a Hillside Development Permit for the construction of the Executive Plaza, a two-story storage building located at approximately 543 North Bluff Street had previously been before the City Council. He said Council Member Almquist had asked about parking at the last meeting. Mr. Snyder said the three story office building that is under construction on Bluff required 132 parking spaces and there were 154 parking spaces provided because of a future right of way expansion in the back. Mr. Snyder explained that there is no parking space standard for storage buildings. He stated the extra 22 parking spaces would be considered if a request was made in the future to change the use of the building. Mr. Snyder said the Hillside Review Board recommended approval of the permit with the following motion. ?A motion to approve the storage building as presented with the comments noted in the staff report and with the area at the back of the building improved for drainage and maintenance; these improvements shall include the ability to be wide enough for access by a small bobcat (equipment) with an approximate 4 ? to 5 ft. wide concrete area. The area will slope away from the building.? MOTION: A motion was made by Council Member Bunker to approve the request with the stipulations made by the Hillside Review Board. SECOND: The motion was seconded by Council Member Pike. VOTE: Mayor McArthur called for a vote, as follows: St. George City Council Minutes March 19, 2009 Page Seven Council Member Pike - aye Council Member Bunker - aye Council Member Shakespeare - aye The vote was unanimous and motion carried. PUBLIC HEARING/AMENDED FINAL PLAT: Public hearing to consider approval of a final plat for 3D Commercial Center Amended to combine Lots 2 and 3 at 2600 South and 100 East near the Brigham Road I-15 Interchange. Pope Engineering, agent. Project Manager Todd Jacobsen explained the purpose of the amended plat is to join Lots 2 and 3 together into one lot, to be hereafter known as Lot 2 and eliminating Lot 3. He said this plat also reflects the changes from the previously filed lot merger of Lots 13, 14, 17, and 18. He explained that since 100% approval was not obtained a public hearing was required. Council Member Shakespeare asked why they weren?t able to get 100% approval. Mayor McArthur explained that if no one responds they can?t count that as an approval so a public hearing is required. Mayor McArthur opened the public hearing. There being no public comment, he closed the public hearing. MOTION: A motion was made by Council Member Pike to approve the amended plat. SECOND: The motion was seconded by Council Member Shakespeare. VOTE: Mayor McArthur called for a vote, as follows: Council Member Pike - aye Council Member Bunker - aye Council Member Shakespeare - aye The vote was unanimous and motion carried. PUBLIC HEARING/AMENDMENTS TO THE RCC ZONE: Public hearing to consider amendments to Title 10, Chapter 7F, St. George City Code, to modify development standards in the RCC zone. Community Development Director Bob Nicholson stated the RCC Zone has been on the books since 2005. He explained that about a year ago the Council had appointed a small committee consisting of himself, Council Member Gloria Shakespeare, Cathy Hasfurther, Shawn Guzman, and Kim Campbell to review Title 10, Chapter 7F, St. George City Code. He said that Craig Harvey put together the second handout which was the RCC Zone Architectural Design Standards. Mr. Nicholson explained that many of the changes involved taking out redundant language and wordsmithing. He said the changes to the Zoning code deal mostly with the development standards for the RCC zone (section 3). He explained that strikeouts in the amendment indicated a recommendation to delete the wording and that proposed additional language was underlined. Council Member Bunker asked if there was a contradiction between the language in paragraph F4 that states ?all homes shall front on a public street or onto a landscaped common green court area? and the change that was made in paragraph A where the St. George City Council Minutes March 19, 2009 Page Eight recommendation is to change one sentence that reads ?All dwelling units shall have frontage on a public street.? Mr. Nicholson said it wasn?t a contradiction but that it did need to be clarified. He said they should add the wording ?or including a common green court area.? Council Member Shakespeare stated she was concerned that there wasn?t any language addressing the situation where a porch is built between two existing homes. Mr. Nicholson said they could add language to paragraph B under Development Standards. He suggested that a sentence be added to the end of the paragraph that said ?where the new home is located between two existing dwellings, setbacks shall not be a lesser of the average of the two.? Council Member Pike asked Mr. Nicholson to clarify what is meant by ?hipped roofs? in item 6, paragraph A under Architectural Design Standards. Mr. Nicholson explained that Mr. Campbell felt the language should remain. He said they had a discussion on that item but he didn?t remember all the rationale for keeping it. He stated they could delay in order to get clarification. Council Member Bunker stated they would not want it in the code if it were a detriment to what they want. Council Member Pike said they found a definition of hipped roof that states ?It?s a house with no gables or other vertical sides to the roof. It?s a roof where all sides slope downward to the walls.? He said they would want to see a gable and would not want to see a hipped roof. Mr. Nicholson said there were no other significant changes in that section. He said the ten architectural standards in paragraph A all apply to single-family dwellings. He explained the architectural standards in paragraph B all apply to multi-family dwellings designed with attached ?row house? design. He said paragraph D remained the same and that it allowed the planning commission to approve designs that met the intent of the standards. Mayor McArthur explained they were guidelines. Mr. Nicholson agreed. He went through the RCC Zone Architectural Design Standards handout, explaining that pictures were used to show what?s encouraged and what?s discouraged. Mayor McArthur opened the public hearing. There being no public comment, he closed the public hearing. MOTION: A motion was made by Council Member Shakespeare to approve the amendments to the City Zoning Regulations along with the additional changes just discussed. SECOND: The motion was seconded by Council Member Pike. VOTE: Mayor McArthur called for a vote, as follows: Council Member Pike - aye Council Member Bunker - aye Council Member Shakespeare - aye St. George City Council Minutes March 19, 2009 Page Nine The vote was unanimous and motion carried. PUBLIC HEARING/ISSUANCE AND SALE OF SERIES 2009 BONDS Public hearing regarding the issuance and sale of the Issuer?s Sales Tax Revenue and Refunding Bonds, Series 2009 (the ?Series 2009 Bonds). Assistant to the City Manager Marc Mortensen explained that this is combining the road bonds that were issued a year ago with the 1998 bonds. He said they are not going out to bond but they want to have everything in place with all requirements met so when the bond market improves they can act quickly. Mayor McArthur opened the public hearing. There being no public comment, he closed the public hearing. MOTION: A motion was made by Council Member Bunker to approve the issuance and sale of the Issuer?s Sales Tax Revenue and Refunding Bonds, Series 2009 (the ?Series 2009 Bonds). SECOND: The motion was seconded by Council Member Pike. VOTE: Mayor McArthur called for a vote, as follows: Council Member Pike - aye Council Member Bunker - aye Council Member Shakespeare - aye The vote was unanimous and motion carried. DESIGN AGREEMENT: Consider approval of a design agreement with RS&H to design the ARFF building for the replacement airport. Airport Manager Rick Crosman explained the design agreement with RS&H was to design the ARFF building for the replacement airport. He said the bid was in the amount of $234,860. He explained that they had an independent fee estimate. He said the FAA states for the bid to be valid it has to be plus or minus 10% of the independent fee estimate. Mr. Crosman said the bid from RS&H satisfied that requirement. He said that of the total amount, $188,556 is for the design phase, $6,339 is for the bid phase and an additional $39,950 in other direct costs related to the work. Council Member Pike asked Mr. Crosman if this includes the construction of administration. Mr. Crosman said they may be but that the construction of administration was pulled out of this because they had to get the ARFF building designed in order to maintain their time schedule. Mayor McArthur asked if the ARFF building was part of the funding. Mr. Crosman said it was federally funded. Deputy City Attorney Paula Houston explained the Design Agreement had not been reviewed by the Legal Department. She requested any motion include being subject to legal review. St. George City Council Minutes March 19, 2009 Page Ten MOTION: A motion was made by Council Member Pike to approve the request for a Design Agreement with RS&H to design the ARFF building for the Replacement Airport subject to review by the City?s Legal Department. SECOND: The motion was seconded by Council Member Shakespeare. VOTE: Mayor McArthur called for a vote, as follows: Council Member Pike - aye Council Member Bunker - aye Council Member Shakespeare - aye The vote was unanimous and motion carried. INTERLOCAL AGREEMENT: Consider approval of an interlocal agreement with UDOT to construct the Valley View bridge. Assistant to the City Manager Marc Mortensen explained that some stimulus money has become available to use for the construction of the Valley View Drive bridge. He said the City would be financially responsible for $1.2 million of the total cost. Mayor McArthur said this is an agreement between UDOT, the City and the MPO. He said it is a three-tiered project and the overall cost is approximately $5.8 million. Assistant City Engineer Cameron Cutler explained because of the STP FLX, the City would actually be responsible for $1,281,000. Mayor McArthur stated the City needs to take advantage of this opportunity to fund the bridge at this time. Council Member Pike asked Mr. Cutler if they knew how much of the money was from the federal stimulus funds. Mr. Cutler said he did not know how much of the money was coming from the federal stimulus funds. He said $3.8 million was coming from UDOT but wasn?t sure how much of that was stimulus money. Mr. Mortensen said the City would have to reprioritize some of the other projects in order to have the available funds. Council Member Bunker asked about the design of the bridge. Mr. Mortensen said the design was the one already approved by the Council. Deputy City Attorney Paula Houston explained the Interlocal Agreement had not been reviewed by the Legal Department. She requested any motion include being subject to legal review. MOTION: A motion was made by Council Member Bunker to approve the request for an Interlocal Agreement with UDOT to construct the Valley View Drive bridge subject to review by the City?s Legal Department. SECOND: The motion was seconded by Council Member Pike. VOTE: Mayor McArthur called for a vote, as follows: St. George City Council Minutes March 19, 2009 Page Eleven Council Member Pike - aye Council Member Bunker - aye Council Member Shakespeare - aye The vote was unanimous and motion carried. Council Member Shakespeare asked if the bridge would have 2 or 4 lanes. Mr. Mortensen said he would find out and let the Council know. BETTERMENT AGREEMENT: Consider approval of a betterment agreement with UDOT for the Southern Parkway. Assistant to the City Manager Marc Mortensen explained the agreement is necessary to implement the SIB loan between the State and the City for the two interchanges being built on the Southern Parkway by Desert Canyon. He said they have had the discussion before about the State loaning the money to the City and the City loaning it to Desert Canyon. Mr. Mortensen stated City Manager Gary Esplin has recommended approval. Deputy City Attorney Paula Houston explained the Betterment Agreement had not been reviewed by the Legal Department. She requested any motion include being subject to legal review. MOTION: A motion was made by Council Member Pike to approve the request for a Betterment Agreement with UDOT for the Southern Parkway subject to review by the City?s Legal Department. SECOND: The mo...

... District will be hosting their Fall Garden Fair at the Garden area of the park. Plan to make an evening of spending time at Tonaquint Park on this night! For more information about the event’s activities you may call the St. George Leisure Services Department at 627-4500. Parking InformationThere are various parking options at Tonaquint Park. Most people park in the main parking lot next to the tennis courts and walk up the paved trail or park next to the Conservation Garden.

...oval of a change order to a professional services agreement for the Mathis Park project. Purchasing Manager Connie Hood recommended approval of a change order with Carter Burgess in the amount of $9,721.83. The original purchase order was for $8,500. This will make the new total $18,221.83. City Manager Gary Esplin explained that this project is necessary as a result of the flood. The City thought it could obtain right-of-way from the adjacent property owner, but could not, so it had to redo its design of the roadway system and access. Council Member Whatcott inquired if the services had already been performed. Mr. Esplin replied that they had. MOTION: A motion was made by Council Member Gardner to approve the change order. SECOND: The motion was seconded by Council Member Bunker. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. APPROVAL OF AGREEMENT: Consider approval of a reimbursement agreement with Boyer Green Valley, LLC. Purchasing Manager Connie Hood recommended approval of the agreement in the amount of $27,091. St. George City Council Minutes November 1, 2007 Page Four MOTION: A motion was made by Council Member Gardner to approve the agreement. SECOND: The motion was seconded by Council Member Orton. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. APPROVAL OF CONTRACT: Consider approval of a local government contract with UDOT to hire Creamer and Noble to perform construction management on the Red Hills Parkway project. City Manager Gary Esplin explained that this contract is for the project on Red Hills Parkway to realign the 200 East connection and straighten out the road. UDOT is doing the project but the City is participating. UDOT will hire Creamer & Noble to do the construction management, and approval is needed to participate with them. The City?s match is 20% of $76,000. The City has funds budgeted for this project. MOTION: A motion was made by Council Member Gardner to approve the contract. SECOND: The motion was seconded by Council Member Orton. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. AWARD OF BID: Consider award of bid for concrete and asphalt rubble crushing at the Reuse Center. Purchasing Manager Connie Hood explained that this item was tabled from the last meeting as there were some questions on the bid. The vendor transposed numbers on the bid. The City gave them an opportunity to look at it and they redid it in the amount of $53,730.05, which is still the low bid. MOTION: A motion was made by Council Member Whatcott to award the bid as recommended. SECOND: The motion was seconded by Council Member Orton. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. AWARD OF BID: Consider award of bid for Microsoft licensing and exchange server for the City network. Purchasing Manager Connie Hood explained that this was approved as part of the 2008 budget. She recommended award of the bid to En Pointe in the amount of $69,097.84. City Manager Gary Esplin advised that En Pointe is under the state contract. MOTION: A motion was made by Council Member Orton to award the bid as recommended. SECOND: The motion was seconded by Council Member Whatcott. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. RESOLUTION: Consider approval of a resolution authorizing $25,000 in matching funds for a conservation grant from the U. S. Department of the Interior. Conservation Coordinator Ren? Fleming explained this grant with the Department of Interior Bureau of Reclamation targets two programs - the residential lawn water audit program, and for funding to help citizens put in more efficient irrigation systems and purchase low water use plants for landscaping. A new landscape ordinance is being drafted. Citizens will be eligible for a rebate of $150 for irrigation and $150 for plant material. The Washington County Water Conservancy District has agreed to match $5,000 with the City?s portion at $20,000. The City?s per capita use is dropping. Everyone is interested in efficient use, and green building seminars are offered free to the public. With regard to the water audit, she explained she measures how much water goes into a cup in a certain amount of time and how evenly the water is being St. George City Council Minutes November 1, 2007 Page Five distributed and does a soils test. She also looks at drip systems, and this water audit is free. She advised that the program is explained in the City?s website and newspaper advertising is being done as well. MOTION: A motion was made by Council Member Bunker to approve the resolution. SECOND: The motion was seconded by Council Member Orton. VOTE: Mayor McArthur called for a roll call vote, as follows: Council Member Bunker - aye Council Member Orton - aye Council Member Whatcott - aye Council Member Gardner - aye The vote was unanimous and the motion carried. Council Member Gardner commented that he would still like to refer to conservation as wise water use. SET PUBLIC HEARINGS: Community Development Director Bob Nicholson advised that the Planning Commission, at its meeting held October 23, 2007, recommended that six public hearings be scheduled for November 15, 2007 at 5:00 p.m. for (1) an amendment to Title 10, Chapter 7 to incorporate ?child nursery? as a conditional use permit in the Residential Estates and Agricultural zones; (2) an amendment to Title 10, Chapter 7, to add provisions for detached homes on building pads with common areas; (3) an amendment to Title 10, Chapter 7, to reduce separations between two story buildings from 15 feet to 10 feet in the Multiple Family Residential and Planned Development zones; (4) an amendment to Title 10, Chapter 19 to allow garages to be accessed from a 20 foot rear alley; (5) approval of a preliminary plat for The Flats at South Pointe; and (6) an amendment to the City General Plan Land Use Map from Low Density Residential to Medium Density Residential at the southeast corner of the intersection of River Road and 2450 South Street. MOTION: A motion was made by Council Member Orton to schedule the public hearings as recommended. SECOND: The motion was seconded by Council Member Bunker. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried FINAL PLATS: Todd Jacobson advised that the Stone Cliff Townhomes Plat C plat was tabled in order to be scheduled for a public hearing. City Manager Gary Esplin explained that a public hearing is required because 100% of the owners did not sign the plat. MOTION: A motion was made by Council Member Gardner to schedule the public hearing on the earliest possible date. SECOND: The motion was seconded by Council Member Whatcott. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. Todd Jacobson advised that the Planning Commission recommended approval of the following roadway dedication plats: Ft. Pierce Area 2, Medical Center Drive, and 1470 East Street. MOTION: A motion was made by Council Member Gardner to approve the final plats and authorize the Mayor to sign them. SECOND: The motion was seconded by Council Member Whatcott. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. St. George City Council Minutes November 1, 2007 Page Six CONDITIONAL USE PERMIT: Consider approval of a conditional use permit for additional building height for a remodeled theater building at the southeast corner of 1000 East and Red Hills Parkway. St. George Musical Theater, applicant. Les Stoker, representative. City Planner Ray Snyder displayed a conceptual rendering of the site and explained that the applicants are converting a prior movie theater into the Musical Theater. The roof height will be 42'4" to the highest point, with the midpoint at 37'1". The project exceeds landscaping requirements. The applicants propose to use two different colors of synthetic stucco on the outside of the building. The Planning Commission recommends approval subject to the height not to exceed 42'4", noise is contained inside the building and to the site, and a trash enclosure is required. Les Stoker, architect, explained that the original building contained three theaters. Two will be combined into one theater and the third remodeled into a rehearsal hall, storage, offices, etc. He advised that working drawings are being done to put the project out to bid. He explained that all the block will be covered and a brick veneer added to the front and south sides. Council Member Allen arrived. MOTION: A motion was made by Council Member Bunker to approve the conditional use permit, including the height. SECOND: The motion was seconded by Council Member Orton. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. PUBLIC HEARING/PRELIMINARY PLAT: Public hearing to consider approval of a preliminary plat for The Villages at Twin Lakes located at Twin Lakes Drive and 700 North. Twin Lakes A La Mode, LLC, applicant. Jason Draper, representative. City Planner John Willis displayed renderings of the project, the preliminary plat, and landscape plan. He advised the project consists of 47 residential units for a density of 6.64 units per acre. Streets are 50' wide and public. The applicant is extending and connecting their streets with 700 North. There is also a 37' private street. A 60' power easement will be relocated on 700 North. The lots are not located within the flood plain, but erosion protection will be required. 700 North will be connected to 1700 East in Middleton. The Planning Commission recommends approval. Jason Draper, Somis Engineering, advised that with regard to erosion control, they will put in additional rip rap to protect the slopes. The wash comes down through the existing golf course, and with the flood plain in the Middleton Wash, there is some potential for erosion. Rip rap and barrier protection will be added. Council Member Bunker inquired if it would be made attractive. Mr. Draper replied that there would be improved landscaping throughout the project. Further the buildings are two, four and six units, not five units. This is the first phase of hopefully two to three in order to clean up the area. Open space will be kept throughout the flood plain. Mayor McArthur opened the public hearing. Bill Powell, President of Twin Lakes RV Park Assocation, advised that the lift station has been out of order for three months and a temporary pump is being used to keep the sewage flowing. He inquired if the City was interested in going in with Twin Lakes A La Mode to build a new lift station. He stated that the Association had a business agreement with Twin Lakes A La Mode to work out the sewer project. The Association has to pump the tank periodically and he inquired if the City would be able to help them do this from time to time due to the expense. City Manager Gary Esplin advised that this is a private sewer. St. George City Council Minutes November 1, 2007 Page Seven Council Member Orton inquired if this problem would be solved when Twin Lakes A La Mode put in a new line. Mr. Draper replied that it would. He advised that a new lift station will be needed, and depending on schedules, hopefully within six months. Mr. Powell inquired if the former Highland Drive would be made a main road and their private road a secondary road. He inquired if they would have to turn their road over to the applicants. Mr. Draper advised that they have looked at different options of tying the roadway in. Twin Lakes will be the primary road, and they will tie into that. Mayor McArthur advised Mr. Powell that the private road was theirs. City Attorney Shawn Guzman commented that the plat shows a right-of-way for a future road in the area dedicated by Ron Stout. Mr. Draper replied that this was not correct, and the applicant only owns south of the Twin Lakes intersection. Gary Hughes, a resident on Twin Lakes Drive, advised that he paid a premium price for one of the newer homes. He advised his concerns were that the first phase of townhomes might devalue the single family homes, and he was concerned with their height. He stated he did not want to lose his view. He stated it was his understanding the whole project was open space and had been changed by the City and would never be changed back to open space. He stated he was never notified of this change. John Willis replied that where the townhomes are being built is zoned R-3. Down below is open space where the golf course was located. The R-3 zoning extends all the way up, and has always been zoned R-3. The open space will remain open space as a lot of it is in the flood plain and he did not foresee it being developed. City Manager Gary Esplin advised that the Atkins zoned the property 20 years ago. There is R-3 zoning located below Mr. Hughes and open space by the wash. The maximum height of the units which can be built is 35'. Mr. Draper advised that their object was not to have real big height. All of the units are built-in or walk-outs or reverse walk-outs to utilize the slope and minimize the height of the buildings, especially below the homes. There will be a 10' retaining wall, and no encroachment to the view. City Manager Gary Esplin clarified that this is not a PD zone but is R-3, and the applicant can go to 35' without coming to the City Council for approval. This is what is allowed in the Zoning Ordinance. There being no further public comment, Mayor McArthur closed the public hearing. Council Member Allen inquired of Mr. Draper if the applicants had ownership of the old golf course. Mr. Draper replied that they owned most of it. Council Member Allen inquired about plans to upgrade it. Mr. Draper replied that they hoped to upgrade it. Part of it will need to have a zone change from Open Space in the area not in the wash toward Twin Lakes Parkway. They are also hoping to close on some additional property soon to acquire the rest of the golf course. This will come in as part of the second phase. Council Member Allen inquired about the netting which was all over the sidewalk. St. George City Council Minutes November 1, 2007 Page Eight A man from the audience advised that it had already been picked up. MOTION: A motion was made by Council Member Gardner to approve the preliminary plat. SECOND: The motion was seconded by Council Member Allen. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. PUBLIC HEARING/ZONE CHANGE/ORDINANCE: Public hearing to consider approval of a zone change from A-1 to RE-12.5 on 8.75 acres located at approximately 1800 South on 3000 East. James and Claudia Eardley, applicants. Community Development Director Bob Nicholson explained that the two parcels combined total 8.75 acres. The applicant is requesting a zone change to RE-12.5, 12,500 sq. ft. minimum lot size. The density barely exceeds two units per acre which is the base density for the Little Valley area. 15% is proposed to be set aside for an equestrian facility which will be owned and maintained by the HOA. The applicants have offered a 20' trail easement by 3000 East and will end up with 18 lots. The Planning Commission recommends approval. The request is consistent with the Little Valley plan. The trail will have to be worked in with the ditch and power lines. Mayor McArthur opened the public hearing. Bob Willard commented that in his view nothing had changed. He stated he felt A-1 is an adequate zone with a minimum lot size of one acre. He advised he lives across the street from the subject property, and the applicant?s higher density housing will butt up to his property. He stated he moved to this area specifically to have A-1 zoning. If the request is approved, it will diminish the entire reason he moved there, and many neighbors feel the same. He stated he did not see the need for the zone change, but had no problem with the applicant breaking up his property into one acre parcels. He stated he was opposed to any zoning which would allow the applicant to do more than that. Karen Willard stated she was appalled the Planning Commission approved this request. She advised she lives across the street from the subject property. She said there was talk of creating a buffer zone between those with A-1 zoning, and there is no buffer. All the density will be right next to their property. This does not follow what the Council has been purporting for many months. She suggested the equestrian area be located to the east where the adjoining property is zoned A-1 and the houses located on 3000 East. She stated the proposal was obscene to her and needed to go back to the drawing board. There being no further public comment, Mayor McArthur closed the public hearing. Mayor McArthen then excused himself from the meeting. APPOINT MAYOR PRO TEM: MOTION: A motion was made by Council Member Bunker to appoint Council Member Rod Orton as Mayor Pro Tem. SECOND: The motion was seconded by Council Member Allen. VOTE: All voted aye. The motion carried. PUBLIC HEARING (CONTINUED) Council Member Whatcott advised that RE-12.5 zoning allows one large animal and in the past the City has used RE-12.5 zoning as a buffer between larger and smaller lots because of the ability to have an animal. Mayor Pro Tem Orton commented that the request is consistent with what the City has been working on for two years and the applicants are within their rights to request this zoning. Mr. Nicholson explained that the trail will be on the east side of 3000 East where it has been planned for a number of years. St. George City Council Minutes November 1, 2007 Page Nine Council Member Gardner commented that the ditch will have to be covered over in order to use it as a trail. He stated his concern was in the interim if there was any usability for equestrians until the ditch was covered over. Mr. Nicholson commented that the Planning Commission felt acre lots would be inefficient and nothing more than sprawl and would not end up with attractive results. Mayor Pro Tem Orton commented that he happened to be in Mr. Nicholson?s office when Mrs. Eardley came in and she was agreeable with everything and staff helped with the design. RE-12.5 zoning has been used as a buffer in many areas. Council Member Allen inquired as to the reason the open area is planned next to the road rather than next to the Willards. Mayor Pro Tem Orton replied that it is a narrow piece of property and he did not know how else it could fit. Mr. Nicholson replied that the applicant planned their equestrian facilities where a majority are already located. Council Member Allen commented that across the street from Judd Palmer will be open space. Council Member Gardner advised that the base density in the area is two units per acre which equates to half-acre lots. The City has also allowed a density bonus as long as there is dedicated open space. In this case it is a small parcel and that open space is the equestrian facilities to be used by everyone in the subdivision. City Manager Gary Esplin commented in this case the applicant is asking for 2.05 units per acre, and in his opinion, the applicants have gone beyond what is required by the City by dedicating 15% in open space and a 20' trail easement. Council Member Gardner commented that he understood the Willard?s position. Mayor Pro Tem Orton commented that RE-12.5 zoning is still an AG zone and acts as a buffer. Council Member Gardner inquired if all the stalls could be located in the common area. City Attorney Shawn Guzman replied that if the lots are structured such that they share the common area, all the stalls could be placed in that common area. Mayor Pro Tem Orton advised that he would be voting. MOTION: A motion was made by Council Member Whatcott to approve the zone change. SECOND: The motion was seconded by Council Member Allen. Council Member Gardner inquired if a development agreement would be required in addition to the zone change. City Manager Gary Esplin replied that a development would be required. Community Development Director Bob Nicholson advised that a note would also be placed on the plat. City Manager Gary Esplin advised that a note on the plat or a development agreement is needed showing what will be built in order to get the extra density of 2.05 units per acre. City Attorney Shawn Guzman advised that a development agreement was preferable. St. George City Council Minutes November 1, 2007 Page Ten AMENDED MOTION: Council Member Whatcott amended his motion to include the provision that a development agreement with the applicants must be executed. SECOND: Council Member Allen seconded the motion. City Manager Gary Esplin advised that the development agreement would be brought to the City Council for approval with the preliminary plat. VOTE: Mayor Pro Tem Orton called for a roll call vote, as follows: Council Member Whatcott - aye Council Member Allen - aye Council Member Bunker - aye Council Member Gardner - aye Mayor Pro Tem Orton - aye The vote was unanimous and the motion carried. PUBLIC HEARING/ZONE CHANGE/ORDINANCE: Public hearing to consider approval of a zone change from A-1 to PD Commercial on 49.3 acres located in the Little Valley area at approximately 3000 South and 1870 East between the Ft. Pierce Wash and Horsemans Park. Bryce Christensen, applicant. Community Development Director Bob Nicholson advised the property is zoned A-1. The General Plan shows the area as Open Space due to the flood plain area. The most recent FEMA maps shrunk the flood plain boundary, and there is a new flood plain and erosion hazard boundary map. The Ft. Pierce Wash has been the dividing line between manufacturing and industrial and agricultural or residential on the east side. The request was heard by the Planning Commission three weeks ago and the Planning Commission recommended the property within the erosion hazard boundary not contain any structures. The applicant is proposing two different PD Commercial zones. The north end will be a retail nursery use and outside plant storage. Further south near the intersection with Horsemans Park he is proposing neighborhood commercial uses listed in the applicant?s text. Further to the south is a series of proposed uses which fall within the category of commercial or light industrial uses. The Planning Commission reviewed the list of uses and deleted a number of them, and the applicant concurred. A letter went out to the neighbors showing the deleted uses. The applicant is proposing to relocate his truck yard and gravel operation further south. The truck yard and gravel operation are operating under a conditional use permit with a ten year plan to remove the gravel. That conditional use permit has expired and the applicant is now trying to get some permanent zoning in place. He is proposing a 15' trail easement along the wash as part of the City?s master trail plan, which coincides with the floodway line. The Planning Commission recommends approval subject to the deleted uses and no permanent structures within the erosion hazard boundary. There could, however, be uses such as storage that do not entail a permanent structure. Council Member Whatcott requested a definition of ?truck terminal?. He inquired what the use was now. He stated the last thing the City wanted was another Flying J in this location. Mr. Nicholson replied that the applicant?s intent is to continue the operation he now has. Council Member Whatcott requested that the definition of ?truck terminal? be refined. Mr. Nicholson replied he would narrow down the definition to ?private?. Council Member Allen suggested that metal fabrication and welding shop both be limited to indoors only. St. George City Council Minutes November 1, 2007 Page Eleven Jeff Mathis, MRW Design, representing the applicant, stated the proposed plan is a great way to provide a buffer. The current A-1 zone allows a cattle feed yard or pig feeding lot. The proposed PD zone will allow the residents to see exactly what will be there and have the opportunity for input. By having two zones, everything the applicant does would be adjacent to Horsemans on the east and the existing gravel yard on the west. The property is bounded on the west and south by M-1 zoning and the north portion is the only portion where it touches a residential zone. Mayor McArthur opened the public hearing. He asked each person wishing to speak to limit their comments to three minutes and to not repeat what others have said. The City Council has been studying this issue for a long time and is aware of most of the concerns. Bill Frazier advised that no one lives closer to the project than he does. He moved here a few years ago and loves it. He loves Little Valley, and Bryce is a good guy. However, this is the wrong plan for Little Valley. The City is growing, and while many hate that, it is a great place and many people want to live here. Because of the airport this area will be one of the first places that visitors see and it must be responsibly zoned. It will be a prime inlet into the City. The plan as proposed does not provide an encompassing plan but a mish mash of 50 potential uses. This change does not bind subsequent owners and opens it up for future development or sale of the land. He stated he was not against growth but wanted the area responsibly planned. He advised he moved from Southern California because he was tired of the smog and was surprised that his oldest son has now developed respiratory problems. His disabled father had to leave the area. His father?s oxygen filters, which are supposed to last 90 days, had to be changed every 20 days because the area is so dusty. He again stated this is the wrong plan and not specific enough. He suggested the matter be remanded to the Planning Commission to make the plan more specific. The current plan does not provide what the Little Valley area needs with regard to aesthetics. Susan Frazier advised she represented several member of the Knolls community and Meadow Valley. The baseball fields are not useable by the residents in the area but they generate great revenue for the City. A park has been planned with no projected completion date. There are two new schools in the area and over 600 homes and Quality Construction is causing pollution with their asphalt trucks and never cover their loads. Bryce always covers his loads. PCI is in the business of tearing down mountainsides. She advised that everyone moved here knowing industries were located around them. She inquired about the current master plan for Little Valley and asked if the City Council could make up their minds. She stated there was a huge conflict of interest. She asked for simple, accurate and honest clarification of the master plan. She commented that the City has not been completely honest with the residents in this area. The lives and health of 2500 people are being impacted by the decisions being made. She stated she researched and learned that Quality was given permission as long as they disclosed, but they have not. Some residents were told there would be a golf course behind their homes. Many met with Bryce and worked through most of the zoning issues. He has been cooperative in covering his trucks and in dust control. She stated she agreed that Bryce should be able to continue his existing operation if his facility would not change and there would be no new trucks and he agreed to the list of deleted businesses. However, the Star Nursery site would be a gravel storage yard. She stated that one of the bigger issues is PCI?s destruction of the mountainside and pollutants and continued operation with extension permits and no license. She stated there are new asthma cases in the Knolls. Mayor Pro Tem asked Ms. Frazier to please keep her comments to three minutes. Ms. Frazier continued that air quality, safety and congestion are major concerns. Mayor Pro Tem Orton asked the audience to please refrain from applauding and stated that comments should be kept to the matter at hand. The City will not be able to solve all the concerns in Little Valley, and this public hearing is for a zone change for Bryce Christensen. St. George City Council Minutes November 1, 2007 Page Twelve Jeff Frazier inquired of Bryce Christensen the depth and dimensions of his pit. Mr. Christensen replied the pit is 60 feet deep and 4 acres wide. Jeff Frazier commented that while he was not opposed to commercial, and Bryce has a right to develop his land, everything on the west side of the wash is industrial and the other side is a planned community. If the conditional use permit has expired, he suggested that the hole be filled up and Mr. Christensen be allowed to develop something commercial, but something that goes with the rest of the neighborhood and not a misplaced mining pit. Council Member Allen commented that the area is a mining pit because that is where the gravel is located. Council Member Whatcott advised that gravel extractors in this area have been mining long before nearby residential developments were built. When the mining is complete, the applicant will be required to fill in the hole. Jeff Frazier inquired how much longer the pit would be mined. Council Member Whatcott replied that when the applicant reaches clay, he will be required to fill it up and level it off. Mike McGregor commented he felt Bryce does an exceptionally good job of controlling dust and traffic and is an outstanding citizen of St. George and should be entitled to mine the rest of the material. If the City does not give him permission to mine, he can do the same thing with a grading permit. The area in question will never make a suitable place for housing of any kind because of flood plain issues. A small neighborhood commercial development is conducive to what is across the wash. Ron Tremaine, a resident of the Knolls, thanked Bryce for being a good citizen and cleaning up the situation much better than PCI. He stated what he was concerned most about was the zone change. There will be a 90' road through Mr. Christensen?s property all the way from Horsemans Park. The road concerns him more than the mining operation and will create many trucks on the road feeding into the Knolls and onto River Road. This will create a lot of congestion next to the schools and soccer fields and is a concern for the children living in the area. Residents have not been apprised of the road and have not been told of the Planning Commission?s intent with regard to the zoning issue. This was done without the residents of the Knolls being told. He asked the City Council to consider the needs of the Knolls as discussed. Mayor Pro Tem Orton advised that there has been a master planned road there for many years. Community Development Director Bob Nicholson explained that the road has been on the Road Master Plan for ten years or so. It parallels the Horsemans Park property and continues south. It parallels the Ft. Pierce Wash and intersects with a major road that runs east and west and will take traffic off Horsemans Park road. The road will take a portion of Bryce?s property. It will be a 90' four lane roadway. The City?s policy is to send a letter to residents within 500 feet of the zone change, and this is why not all residents of the Knolls knew about the Planning Commission hearing. It was suggested to the Planning Commission that they could continue the public hearing, but they felt comfortable so they moved forward. The City notices all public hearings and does not try to keep them secret. Mayor Pro Tem Orton commented that the City is not required to send letters to residents within 500' of a zone change, but does so as a courtesy and to try and get the message out. Paul Iverson commented there seemed to be a consensus that the residents do not want the road, but he is for the road. It makes a natural divider and makes the proposed zoning very natural. He stated he would welcome some commercial in that area so he St. George City Council Minutes November 1, 2007 Page Thirteen does not have to travel so far to get something. He stated he was in favor of the proposal. Cliff Ames, a resident of the Knolls, advised he has lived there for two to two and a half years and its is a great place to live. The biggest problem in t he area is there are soccer fields, parks, and two schools intermixed with big trucks. The entire area needs to be master planned. Bryce is the best neighbor the area can have, and his trucks are covered and clean and he does a heck of a good job. But this does not mean the trucks will not run over children. He suggested the City Council take a look at what is already there and do a master plan that makes sense. He suggested the City Council grant Mr. Christensen a conditional use permit until the problem gets solved. Council Member Bunker commented that the City does have a master plan for the Little Valley area. The gravel pit has been there for the a long time, and is suddenly clashing with what has been built. Mr. Ames commented that big trucks and little kids on bikes are going up and down the same roads. Mayor Pro Tem Orton replied this problem is not just limited to Little Valley but is in every neighborhood due to the population growth. Shauna Ceralinen commented that the corner where the four lane road is proposed is very dangerous. Her second to the oldest child just got her drivers license and she does not want her to turn left onto River Road. She advised that a large truck just about clipped her at this location. She stated it was crazy to bring more traffic there on the turn and it needs to be straightened out. With regard to air quality, she jogs every morning and as she goes along Horsemans Parkway, she has to literally duck if a big truck is coming because so much dirt is blown into her face. She stated she was not blaming Bryce. She stated the quality of the air could be seen from anywhere in St. George. She stated she would appreciate it if the City would help protect the area children. Mayor Pro Tem Orton clarified that the road is a master planned road and that is not going to change. City Manager Gary Esplin commented that the City spent two and a half years on the master plan, and if there are traffic problems, additional roads must be built. The master plan shows a 90' road through this area to serve future development in the area. When it is built next to Bryce, there will have to be a traffic signal on River Road at the intersection when warranted. Council Member Allen commented that the new road would pull traffic away from the schools and neighborhoods. Council Member Gardner commented that the road will go both ways, north and south. With regard to master plan connectivity, there will be master planned trails so the children do not have to use the busy roads. City Manager Gary Esplin commented that the park will be out to bid within the next 30-45 days. The first phase will include the park and soccer complex and is being built for the needs of the community only and to accommodate kids in the City?s soccer program. It will not be used for tournaments. There will be a trail that ties into the new school. Council Member Gardner inquired how the trail would tie into the subdivision. City Manager Gary Esplin replied that the City owns the property on the north side of the road, and there might be connection in-between some of the lots. There is supposed to be an easement that allows it to come down from the subdivision. St. George City Council Minutes November 1, 2007 Page Fourteen Council Member Gardner commented that the concerns of the neighborhood are legitimate, and if a little stretch of connectivity to the subdivision has not been included, the City may need to take a look at that design. City Manager Gary Esplin commented that the trail is being designed as part of the development of the park. The first phase uses up the entire budget. As part of the second phase perhaps staff can figure out how to connect the second phase to the first. Council Member Gardner commented that this connectivity was critical. Community Development Director Bob Nicholson commented that there are not very many north south roads. The nearest is Little Valley Road and it is only two lanes with homes fronting it. There is no opportunity to expand it. This proposed four lane road is very needed, as there are no other four lane roads until 3000 East. Council Member Whatcott commented the problem right now is not located in the zone change area, but north of it from River Road to Horsemans Park Road as the children go to school. This area will be a problem as long as there are trucks there unless a sidewalk is built with a buffer so that the children can ride their bikes. That is the issue and it will get worse as the area develops. The City needs to seriously take a look at this. A stipulation needs to be made that Bryce will put this in when he develops, or the City should put it in now. Council Member Gardner commented that this is a legitimate concern of the neighborhood. Perhaps the City needs to change its priorities and get it done. Council Member Allen stated that she has received several phone calls and e-mails from parents validly concerned about their children and the lack of sidewalks. City Manager Gary Esplin commented that if the City Council feels strongly about it, the trail could be extended as part of the first phase of the park and soccer complex. Council Member Whatcott commented that while this is a totally separate issue from the zone change, it needs to be addressed. Council Member Gardner commented that everyone is concerned about air quality. The City has tried to obtain more construction water in the area and Bill Swensen has been policing the area regularly to make sure those involved meet guidelines. Bryce has gone above and beyond what is required to meet those guidelines, and most of the others have too, but it is a hard thing to monitor 24 hours a day, and any time there is an extended dry season, it gets worse. He stated he did not know all the answers, but staff is working closely with those doing the excavation to solicit their cooperation, and they have been willing. City Manager Gary Esplin advised that the dust control ordinance will be on the next City Council agenda. Staff has been working on it for the past six months trying to put some teeth into it so they can cite offenders. City Attorney Shawn Guzman advised it is being called the ?Fugitive Dust ordinance?. Bill Swensen commented that the concerns of the citizens are a reality and the City is doing something about it. The ordinance will be on the agenda in two weeks. It is very thorough and has teeth which the City will use if necessary. The contractors have been responding. The ordinance is supported by contractors, citizens and the public employees around the County. PCI is on board as well as Sunroc, Western, and Bryce. As a result of the ordinance residents will see a dramatic improvement in the Little Valley area. City Attorney Shawn Guzman advised that the ordinance will apply to contractors grading throughout the community, not just in the Little Valley area. St. George City Council Minutes November 1, 2007 Page Fifteen Council Member Allen commented that the air quality problems in southern Utah, according to the EPA, are caused by dust. Council Member Gardner commented that he has tried to see where the dust is coming from, and some of it is coming from Arizona where there is a mine just across the border. Also dirt gets moved by the wind, and this is a common problem for all, not just Little Valley. Council Member Bunker inquired if the new ordinance addressed covered loads. Mr. Swensen replied that it did. All loads will be covered excluding hot asphalt and large boulders. Council Member Whatcott commented that he hoped the ordinance would make a difference, but without question, the Little Valley area has the most dust of anyone. City Attorney Shawn Guzman commented that the hours of operation will also be regulated. Bill Swensen commented the ordinance requires the use of water for prewatering before there is a dust problem. Community Development Director Bob Nicholson explained how a PD zone works, and that when the actual buildings are proposed, the public will have a chance to look at them and the elevations and site plan. Tonight the applicant is requesting approval for uses. Mayor Pro Tem Orton explained that each time something is proposed in a PD project, the City Council will see it. Council Member Allen commented that the PD zone approval runs with the land, and even if the land were sold, it would still be zoned PD Commercial and the neighbors would have the opportunity to see everything proposed. The City also now asks for a materials board so the City Council can see even the materials used on the buildings. Mayor Pro Tem Orton stated that in fairness to the applicant, the discussion should focus on the applicant?s request. Rod Ohlwiler, a resident of the Knolls and real estate broker, commented that he was familiar with the zoning but his concern is how it affects the surrounding master plan. Mr. Christensen?s conditional use permit has expired, and if the City allows him to continue for the time being until he is at the stage where he is ready to fill in the pit, then he would be ready at that time to request commercial zoning. He stated he did not understand the hurry to have commercial zoning as long as he is still mining the gravel pit. Bryce Christensen, applicant, advised he has been operating his mining operation long before the Knolls was there. He has been working on this plan for seven years. Mr. Ohlwiler stated he was not opposed to a nursery with plants. Mr. Christensen advised that the nursery is proposing to put in a landscape yard with landscape rocks, just like the landscape rocks residents of the Knolls have purchased from him. Community Development Director Bob Nicholson commented that the property is zoned A-1 and conditional uses relate directly to some sort of agricultural commercial use. If just plant storage were proposed, it would fit in the A-1 zone. But because a retail store is wanted, this is where it transitions into commercial. St. George City Council Minutes November 1, 2007 Page Sixteen Council Member Gardner commented that the zone change made a lot of sense, and allowing an extension of the conditional use permit would not change anything. The only way to solve the issues with connectivity and dust control is with the zone change. Mr. Nicholson advised that greenhouses and plant nurseries are allowed in the A-1 zone, but not retail sales. Mayor Pro Tem Orton again reminded that the issue at hand is the zone change. An unidentified man from the audience commented that rock storage would create more big truck traffic. City Attorney Shawn Guzman reminded audience members that for recording purposes it would be helpful if one person was recognized by the Mayor Pro Tem before speaking. Cheryl Brandt stated she could not understand how the City Council could make a decision when they had no idea what the applicant wanted to put in. She asked if the list could be narrowed to the top five. Mayor Pro Tem Orton replied that the commercial zone had to be in place before the applicant can make application for anything. The City Council cannot approve a zone change based on what will be there. Council Member Whatcott explained the difference between commercial and PD zoning. Tim Stewart stated he felt the cart was being put before the horse. He stated the zone change should be tabled until the issue of Horseman Park Road and River Road is dealt with and the bridge is finished, the light is in and traffic is not increased there. Approving the zone change will increase traffic, and everyone has had a close call there with a truck or someone coming over the bridge that they can?t see. It is irresponsible to approve the zone change when traffic has not been addressed. Also, ten years ago when Mr. Christensen was given the conditional use permit, it was temporary and had an expiration date because the City knew residential was coming in. Residential and mining are like oil and water and do not mix. He stated he could understand putting in a buffer, and he would like to work with Bryce to do that, but until the traffic issues are solved, the zone change would be irresponsible. Council Member Whatcott commented that it is the developer who puts in the changes, and in order to do that he has to have the zone. The problem, however, needs to be solved before additional traffic is allowed. Council Member Gardner inquired when a light at this location would be installed. Public Works Director Larry Bulloch replied that right now a signal is not warranted. Council Member Allen inquired how a warrant was determined. Mr. Bulloch replied that a warrant is established by national standards, and each intersection is evaluated based on conditions to determine what is the best thing to provide for traffic flow. The City monitors all of the major intersections regularly to see if a signal is the right solution. This location does not warrant a signal, but this does not mean it won?t warrant one in the future. The bridge is in transition and will be removed someday. In the meantime another bridge has been provided traffic purposes and as an upgrade is needed, the old one will come out and the new one will match the elevation of the higher structure. Council Member Gardner inquired if visibility would be improved. Mr. Bulloch replied that staff could look at that. Council Member Allen inquired where the bridge replacement was on the priority list. St. George City Council Minutes November 1, 2007 Page Seventeen Mr. Bulloch replied that it is not programmed for the immediate future. It is a multi-million dollar project, and priorities right now are the Southern Parkway and Bluff Street and Dixie Drive interchanges. Council Member Whatcott commented that the bridge should be a top priority in order to make this corner safer. City Manager Gary Esplin commented that a national standard warrant must be met so cities can defend themselves if there are problems. Safety is another issue, however, and maybe in this case a light should be installed before the warrant is met. Council Member Gardner commented that the safety issue at this corner is unique because of the number of trucks and the alignment. City Manager Gary Esplin commented that he was not sure the proposed zone change would increase truck traffic. Council Member Gardner commented that an issue has been brought forth that the City needs to be sensitive to and it should give a signal back to the neighborhood that it is willing to address the problem. Council Member Whatcott stated that the zone change could increase truck traffic, but at that point Bryce would have to eliminate that problem before he was allowed to develop in that zone. Without the zone change the problem never gets fixed nor would the City have access to financial help from Bryce. City Attorney Shawn Guzman advised that the City does not require a traffic study for a zone change. A traffic study is done when a project is proposed and is paid for by the applicant, and in a case like this would include either participation or installing the traffic light. Jim Able, a resident of the Knolls, commented that if the zone change is allowed it will be like letting the genie out of the bottle. If the applicant comes back and the proposed project fits the guidelines, it is much tougher to say no than if the City were to hold off on the zone change now. The entire road is an unfinished project and from a priority standpoint seems better to delay any decision now and allow some issues to be worked through rather than passing the decision to a future City Council since the make-up of the City Council will change at the beginning of the year. He stated he felt the applicant was trying to rush the zone change through with the current City Council. Council Member Gardner commented that the problems already existing are independent of what happens with the zone change. Mike McGregor stated he would like to comment on the contention about what constitutes a rock pit for decorative rock. There are a lot of them around town and they are basically piles of gravel or contained cement areas with specialized gravel. They are not obnoxious in any way; they create no traffic, no dust, are innocuous and almost look like vacant property in activity and in storage. Elizabeth Able suggested the matter be tabled for now. She stated the property should remain as is. She expressed concern about the safety of kids riding their bikes. She recommended the Bryce?s conditional use permit be extended. She stated her father had a sand and gravel pit and heavy equipment, and Bryce is careful. However, she is concerned about the buses and kids and trucks. She suggested a culvert be put in across the river by Desert Sands by the sewer for access into the industrial park. This would completely alleviate all truck traffic on the road. Lubelle Riley expressed concern with the diesel fumes in the area, especially in the morning. Bryce Christensen, applicant, advised that Sunroc has a couple hundred trucks, and he has 16. His trucks are fairly new and are electronic and the emissions cannot be seen. St. George City Council Minutes November 1, 2007 Page Eighteen Sunroc starts their operation at 3:00 in the morning. The proposed road is master planned and roads are needed. The EPA regulates air quality and they visited him a few months ago and gave him an ?A?. Lanie Barton commented her concern is with the kids and adding more trucks onto the road. To rezone the property would be asking for more trouble. Alice Gardner commented she is concerned about the safety of the road, and the master plan should be looked at to see if another road could direct traffic away from River Road and the entrance to the neighborhood. She stated she was against the zone change and the area should be kept residential. Community Development Director Bob Nicholson advised the applicant proposes a nursery, neighborhood commercial, and the lower 30 acres with heavier uses. In addition to his yard there could be other contractor shops. Council Member Whatcott commented that the infrastructure has to be in in order to accommodate the additional trucks. If the City continues to do as it has always done, the developer builds the road. There is no reason to leave the area zoned AG-1 because the road will never get built otherwise. Changing the zone does not mean instant trucks. If the applicant wants to use the property for PD Commecial, the infrastructure has to be put in place before that can happen. Marcy Welch advised that she works for Bryce Christensen. She said they try hard every day to make the drivers be good and do everything the City wants them to do. It is not just Bryce?s trucks that are causing a problem at the intersection. River Road is a main road and the problem will still be there long after they are gone. Once the new road is built, the trucks won?t be there anymore. There being no further public comment, Mayor Pro Tem Orton closed the public hearing. Council Member Bunker commented that some of the uses proposed for the southern portion concern her. She stated she liked the plan for the northern park and the nursery. She inquired if it would be possible to make a motion to approve a portion of the plan and leave the other for more evaluation. City Manager Gary Esplin advised that the City Council has the right to approve uses and eliminate any that are offensive. Council Member Gardner advised that in a PD the applicant has to have specific approval for whatever is brought in. City Manager Gary Esplin commented that the City Council has to approve the uses as they come in, but the requirements for that approval at that point are different. If the City Council now has any problems with uses, they should eliminate them. Community Development Director Bob Nicholson read the proposed uses and those eliminated by the Planning Commission. Denny Torres advised he lived behind Horseman Park Road. His concern is with the truck traffic and noise and trucks blowing smog into his backyard. Addressing Mayor Pro Tem Orton, Mr. Torres said he had no respect for him and that Mayor Pro Tem Orton didn?t care about the residents? concerns. Mayor Pro Tem Orton called for a break. Upon conclusion of the break, the meeting resumed. Council Member Bunker commented she did not have a problem with the nursery if the decorative rock were eliminated. St. George City Council Minutes November 1, 2007 Page Nineteen Council Member Gardner commented that Mr. Christensen is not opposed to coming back to the City Council any time there is a proposed use, and he is not concerned with entitlement of the list. Community Development Director Bob Nicholson advised the purpose of the PD zone is to know the uses and the City Council would be granting some degree of entitlement to the proposed uses. The question is if the City Council is comfortable with the list of uses. The applicant will have to show building elevations, but if approved, the contractor yard is on the approved list of uses. Council Member Bunker commented that she had a problem with a lot of the uses and wondered if it would be better to approve some and have a work meeting to discuss what it is the City wants in this area. City Manager Gary Esplin advised there were a few alternatives. If the City Council is comfortable with zoning on the north end, it could approve the PD zone and include in the lower portion only those uses Mr. Christensen would need to continue his operation, and allow other uses in the lower portion to come back at a later time. That way the applicant would have the ability to continue his gravel, sand and trucking operation. No other businesses would be allowed to go in until he gets through extracting all the gravel. Mr. Christensen commented that this would work for him. Mayor Pro Tem Orton commented that on break he was made aware of concerns about other uses being put in right now. No business would be allowed to go in in any portion until all the improvements were made, including road, sewer and everything else the City requires to be in place. City Manager Gary Esplin explained that if for instance a storage facility wanted to be located there, that use would be looked at with regard to the impact on infrastructure. A full road may not be required - it would be based on the individual business and effect on the situation as it currently exists. Surely the City Council would not approve anything else there until there is another road. An improved asphalt road is needed. The City does not allow access to businesses on dirt roads. Council Member Gardner stated that as a property owner Mr. Christensen is legitimately making a request. The City Council has visited the site a number of times and has heard the concerns of the neighborhood which are legitimate. It is obvious there is a huge dust issue and the City is addressing it. The neighborhood is concerned about traffic and kids on the road at the same time. If City property can solve the problem, the City should move forward with a plan for connectivity immediately and direct staff to do that from the entrance of the Knolls to the south where the school will be. Connectivity should be made a part of Phase One of the park to help solve this problem immediately. The City will look at a light and the bridge. Because of the uniqueness of the trucks and schools and that intersection, the bridge needs to be looked at, and the City will respond to this. MOTION: A motion was made by Council Member Gardner to grant the zone change, indicating that it complies with the City?s long term master plan, and is an appropriate use for the specific property. When the road is built it will become more evident that it is the right use and will help solve problems and identify the eventual use of the property. He clarified that the lower portion of the property from the dark line south would remain in the use that Bryce Christensen Excavating is doing right now and any other use would have to be approved in the years to come. This provides opportunity for retail on the northern piece. SECOND: The motion was seconded by Council Member Allen. Community Development Director Bob Nicholson clarified that Mr. Christensen?s present use of the property includes gravel extraction, a truck yard, and truck repair shop. St. George City Council Minutes November 1, 2007 Page Twenty Council Member Gardner inquired of Mr. Christensen if he repaired his trucks on site. Mayor Pro Tem Orton commented that Mr. Christensen could do no more than he was doing now. Mr. Christensen verified that he repaired his trucks on site. Council Member Gardner commented he did not find that use offensive, but consistent with the present uses. Mr. Nicholson clarified that the allowed uses would be for gravel extraction, a truck yard, and servicing of Mr. Christensen?s own fleet. Council Member Bunker inquired if Council Member Gardner?s motion approved all the uses listed for the northern portion, including a nursery with landscape rock. Council Member Gardner clarified that it did. Council Member Whatcott commented that the problem is that one business alone does not require the additional road improvements, or the stop light at River Road, or the bridge to be reconfigured so that the concrete barriers do not block the line of sight. If this is done individually, the improvements will never get to where they need to be, but cumulatively they do. He stated he agreed with the concept and is in favor of the zone change, but is worried about the mechanics of making it work. Council Member Allen commented that staff has now been instructed to look at the traffic problem with the bridge. Council Member Gardner commented that his understanding of how this will work is that the suggested use will not add to the number of trucks and would be very minimal. If the City did nothing, there would still be a problem. The City needs to step up and look to see what it can do to resolve the problems. He stated he did not think the City could impose the solution totally on a zone change. City Manager Gary Esplin clarified that the City can only require what the applicant?s business is required to improve. As an example, he stated the first, second and third businesses would not be required to make improvements, but when the fourth business came in, the threshold would be met and the fourth business would then have to pay for everything. He stated that if Star Nursery located here, under the current motion, they would have to present their plans, elevations, layout, materials, etc. for approval before they could begin building. There would also have to be an engineering site analysis, traffic study, and they would have to pay for a portion of what they add to the problem. Council Member Whatcott commented that in a PD, the City has the right to impose restrictions. City Attorney Shawn Guzman clarified that for a parcel within a PD zone to be developed, the City can require the plan for the entire parcel to see where the buildings will be located. If the applicant wants a change later on, he would have to come back to the City Council and show the change. The City also approves the uses within the PD zone. A preliminary traffic study could be done based on the entire piece, but this is something the City has not done before. Or a development agreement can be used. Council Member Whatcott commented that the problem is the Knolls. He inquired who owned the property from the back walls and if they were required to put in a trail on that side of the road or a sidewalk because they owned the property. In order to get the infrastructure in and eliminate safety issues, a PD zone gives the City the ability to make sure it is right when the development goes in. St. George City Council Minutes November 1, 2007 Page Twenty One Council Member Allen expressed concern with the zone change if it did not include improvements for the businesses. A conditional use permit is different than a zone change. There is already an existing business and the improvements should go in. City Attorney Shawn Guzman advised that Mr. Christensen?s use of the property was pre-existing. Council Member Allen commented that his use was through a conditional use permit. She commented that if Mr. Christensen continued the existing use of his property for another 20 years, this would mean the road would not get improved for 20 years. City Attorney Shawn Guzman replied that unless he changed some aspect of the business, this would be correct. What he is doing now does not trigger the City?s ability to make him complete the roadway or to provide funds to help. Community Development Director Bob Nicholson explained that the conditional use permit has expired. The truck facility there now will move to the south, so a new application is required. Mr. Christensen stated that he was not going to move the truck facility. City Manager Gary Esplin commented that the conditional use has expired, but the City at some time agreed with his phasing and use of the property before there were any adjacent homes. To say that the applicant doesn?t have the right to be there is not fair to the original intent. City Attorney Shawn Guzman stated he disagreed with Bob Nicholson and that if Mr. Christensen continued what he is doing now, this would not trigger the City?s ability to say it wants a traffic study and require offsite improvements. Council Member Gardner commented that a lot of time and money has been wasted on traffic studies just to find out that improvements are not justified. Perhaps a small contribution would be appropriate after some calculation is made and the applicant is willing to address the issue. If it needs to be tweaked in a work meeting, he stated he would be willing to table the matter. Council Member Allen commented that in her mind the road should be finished. Bryce Christensen, applicant, commented that the frontage road goes nowhere. He stated he would participate when the time comes which is when the population warrants the road. Council Member Allen inquired about the intersection on River Road. Mr. Christensen replied that the City has a development agreement with Quality to finish the road to his property. The dirt has been dug out and cut back into the wash. He stated he felt the road should be three to four feet higher to protect homes and property to the north. When the nursery is put in, he will develop the frontage for the nursery. He stated the frontage road would have nowhere to go until there is development to the south. Council Member Allen inquired about completion of Horsemans Park Road. City Manager Gary Esplin replied that maybe the City could finish it to solve the concern about it. Bryce just wants to operate like he is now and perhaps the northern portion could be approved with a development agreement. The City Council could also grant a conditional use permit for as long as he is operating today on the south portion but indicate that when the road goes somewhere to the south, and the eventual plan is to take it to Commerce Drive, Bryce would agree to dedicate and improve his portion at that time. A conditional use permit would allow his existing uses until the gravel is gone. He recommended that the City Council proceed with the zone change on the northern portion of the property along with approval of the proposed uses, but when it is St. George City Council Minutes November 1, 2007 Page Twenty Two developed Mr. Christensen will have to come to the City for a development agreement to address the improvements. Council Member Gardner clarified that a development agreement would not be needed until Mr. Christensen came in with a proposed development on the northern portion. City Manager Gary Esplin recommended that the applicant?s current operation should be allowed through a conditional use permit to continue the gravel extraction and existing uses until the gravel is gone. Part of the conditional use permit would be that the applicant agrees to dedicate and improve his frontage along the main road when the road goes somewhere to the south, or is needed by the City. AMENDED MOTION: Council Member Gardner amended his previous motion to grant the zone change on the northern piece of property. When a use is proposed, a development agreement will identify what improvements need to go in at that time. The lighter shaded area is approved for a conditional use permit with a development agreement that says when the property is improved or the City needs the road further to the south, at that point in time the property would participate in development of the road. City Attorney Shawn Guzman clarified that the lighter shaded area referred to is on the zone change exhibit map dated November 1, 2007. SECOND: The motion was seconded by Council Member Allen. VOTE: Mayor Pro Tem Orton called for a roll call vote, as follows: Council Member Gardner - aye Council Member Allen - aye Council Member Bunker - aye Council Member Whatcott - aye Mayor Pro Tem Orton - aye The vote was unanimous and the motion carried. Council Member Allen commended the audience on its patience. She stated that Mr. Torres? remark was very uncalled for and embarrassing to the group. Mayor Pro Tem Orton commented that this City Council has worked and sweated over Little Valley more than any other area of the City and has done what?s best for the whole community in St. George. PUBLIC HEARING/RESOLUTION: Public hearing to consider amendments to the fiscal year 2007-2008 budget for the City of St. George. City Manager Gary Esplin recommended adjustments to the budget based on the salary market survey. Mayor Pro Tem Orton opened the public hearing. There being no public comment, he closed the public hearing. City Manager Gary Esplin explained that the salary survey uses 26 cities with a population of 25,000 or more and uses some counties where there are no similar positions. Special districts are used for fire and water positions. The average increase is 4.5%. Council Member Allen commented that the City budgeted $600,000 for salary adjustments. City Manager Gary Esplin stated that the cost went up more than anticipated. St. George City Council Minutes November 1, 2007 Page Twenty Three Council Member Allen commented that the City does a salary survey and adjusts salaries every year, not just this year. MOTION: A motion was made by Council Member Gardner to approve the resolution. SECOND: The motion was seconded by Council Member Bunker. VOTE: Mayor Pro Tem Orton called for a roll call vote, as follows: Council Member Gardner - aye Council Member Bunker - aye Council Member Whatcott - aye Council Member Allen - aye Mayor Pro Tem Orton - aye The vote was unanimous and the motion carried. CONDITIONAL USE PERMIT: Consider approval of a conditional use permit to establish a car wash in a C-1 zone located at the southwest corner of Ft. Pierce Drive and River Road. Jeff Morby, applicant. City Planner Ray Snyder explained that the applicant?s original request was for a zone change to PD, but was withdrawn. They instead submitted a request to amend the City Code by adding car washes in the C-1 zone with a conditional use permit. The applicant has spent a lot of time working on the driveway locations. There are no driveways on Ft. Pierce. The City Traffic Engineer is in support of the proposal for a right-in right-out only. The Planning Commission recommends approval subject to the following conditions: (1) Install two speed bumps on the east side of the building to discourage traffic passing through the property to use as a short cut to River Road and bypass the signalized intersection of River Road and Ft. Pierce Drive. (2) Install additional landscaping on the south wall between this commercial site and adjoining residential property. Create tree canopies that intermingle. (3) Install a right-in and right-out only driveway on River Road. (4) The hours of operation shall be controlled to only 7:00 a.m. to 10:00 p.m. year round. (5) The site shall incorporate dark sky style lighting. A photometric plan shall be submitted during the plan check process for staff review. (6) The vacuums shall be clustered as close as possible to the landscaping on the north side of the property. Staff shall verify during the plan check process. (7) The block wall on the south side of the property between the commercial site the adjacent residential property shall meet city ordinance for walls. Staff shall verify during the plan check process. (8) The washing bays shall have plastic or vinyl sheeting. Mr. Snyder advised that two letters in opposition to the request have been received. Larry Blake, applicant, advised that he has owned the property for 15 years and has pushed the accesses as far south as possible, and agreed that there would be no access on Ft. Pierce. Also, the building was moved as far north as possible to make it fit into the area. Council Member Whatcott inquired if there was a right hand turn lane into the project from River Road. Mr. Blake replied that they have already had to push the accesses as far south as possible in order to utilize the property for anything. A right hand turn lane will not fit. They ended up with a remnant piece of property after the road went in, for which they had to give up some property. They also participated in a special improvement district. St. George City Council Minutes November 1, 2007 Page Twenty Four Council Member Whatcott commented that cars traveling 40 mph will have to stop for cars turning into the car wash. Mr. Blake replied there is the same problem with the convenience store across the street. He again advised that when they agreed with the City where the accesses would be and that there would be no access to Ft. Pierce, this is what they ended up with. Jeff Morby, applicant, explained that they have been working on this project for two years and met with Aron Baker several times on access. It is not the best, but it is about all that can be done because of their participation in the special improvement district, and allowing the City to bring a drain down took 20 feet of their property. Their intent is to be a good neighbor. The elevations are upscale, and together with the landscaping will improve the corner. Mike Call, a resident of the Sunrise View Townhomes, advised he has lived in Bloomington Hills for 23 years. The townhomes are located adjacent to the car wash. He expressed concern with turning on to Ft. Pierce Drive. He advised there is no turn lane onto 1400 East, and traffic backs up causing gridlock. It is difficult to turn left into Mr. D?s, and there is a new subdivision in the works south of Ft. Pierce. He stated he did not want the obnoxious noise from vacuums, stereos, and beeping coin machines, littering, traffic and pollution which this business will bring into a nice neighborhood. Mayor Pro Tem Orton advised that the property is zoned commercial, and the proposed use would generate less traffic than other uses. Ms. Wagoner stated the proposed project would add to the traffic and it now takes her five minutes to get out of her driveway in the morning. Mr. Call suggested the property could be used for extra parking for Mr. D?s. Mayor Pro Tem Orton replied that the applicants have a right to a commercial use. Ms. Wagoner stated there were safety issues crossing the street. Council Member Gardner commented the car wash is a conditional use in a commercial zone. There are a lot of other uses which could go in without the City Council ever seeing them. The property will be developed. Mayor Pro Tem Orton advised that the property is zoned commercial and the applicants have a right to put anything on the property that is on the list of approved commercial uses. Council Member Allen commented that a car wash seemed to be less of an impact and a better use than another convenience store, which the applicants could put there. City Manager Gary Esplin explained that there are certain uses in the commercial zone which require a conditional use permit, and certain uses which do not. If the applicants wanted to build a convenience store on the property, they could do so without City Council approval. A car wash requires a conditional use permit. City Planner Ray Snyder showed the list of commercial uses to Ms. Wagoner. Mr. Call commented his biggest concern is the loitering and after hours noise. He understands the applicants own the property and have earned the right to do what they want. Colette Bergeron commented that this corner is a death trap. She inquired if the City or applicant would be willing to pay for a big lawsuit when someone is killed there. She stated that one gentleman who could not be here this evening suggested that River Road be widened. St. George City Council Minutes November 1, 2007 Page Twenty Five Mayor Pro Tem Orton replied that the road is master planned and the applicants have met every rule placed on them by the City. They have a piece of property and have rights. Further, the traffic will not be created by this project, as the traffic is already there. Barbara Biggs, a homeowner across from Sunrise View, inquired if there would be a left turn lane onto 1400, or a stop sign coming from Ft. Pierce going east on the corner. She advised this corner is a deathtrap. She commented that with this plan, the majority of homeowners will come out into 1400 and make more traffic on that corner. She stated that the traffic study must have been done on a Sunday or at night, because Ft. Pierce is a very busy road. Council Member Gardner inquired if there was a way to have a double turn lane to go north. Mayor Pro Tem Orton replied that staff has written down this suggestion and will check on it. Council Member Whatcott commented that the area is not wide enough for a double turn lane. Elizabeth Able advised that she has lived in the area for three years. She suggested that a little median be installed off 700 South where the gas station is by Little Ceasars. She also suggested installation of a median by the golf course and widening the road a little for a turn lane. Larry Blake advised there will be a T-bone so traffic can only turn right. Council Member Gardner commented that while he recognized the concerns of the neighbors, the owners have vested property rights. Property rights are guaranteed by the land in which we live and the Constitution. He stated he did not find the proposed use offensive. MOTION: A motion was made by Council Member Gardner to approve the conditional use as requested subject to the eight recommendations of the Planning Commission. SECOND: The motion was seconded by Council Member Bunker. Council Member Whatcott commented he still believed there were traffic issues there. He stated he agreed with the T and the right-in and right-out, but there are major problems on Ft. Pierce which are not the applicants? fault. Even if the traffic department looked at it again and gives it a second thought, a right hand turn lane is needed. City Manager Gary Esplin advised that traffic issues will be discussed at the next work meeting. If the City Council is inclined to approve the request, perhaps they could impose a condition that the traffic be reviewed and have staff answer the questions that have been brought up before the final stamp of approval is given. The City cannot respond to the concerns without traffic staff present. AMENDED MOTION: Council Member Gardner amended his previous motion to approve the conditional use permit subject to the recommendations of the Planning Commission, and with hopeful involvement and further discussion on the traffic issues. SECOND: The motion was seconded by Council Member VOTE: Mayor Pro Tem Orton called for a vote, and all voted aye. The motion carried. Council Member Whatcott commented that the applicants are logical people and if there are options to make the project more accommodating for the neighbors and safer access, he would think the applicants would be for it. However, there may not be any options. St. George City Council Minutes November 1, 2007 Page Twenty Six Jeff Morby, applicant, advised that they are not proposing anything that would jeopardize the safety of anyone. There is a little flexibility as they have more landscaping than required. He stated they would be willing to make it fit as best as they can. Mayor Pro Tem Orton commented there had to be give and take from the City too. SIGN VARIANCE: Consider approval of a variance to the Sigh Code to allow a 66' tall pole sign at approximately 2800 East and north of 850 North Street. Tai Pan Trading Co., applicant. Community Development Director Bob Nicholson explained that this request was heard by the Sign Review Board two weeks ago who debated it for an hour. The bottom line is the Tai Pan Trading property is 16 feet lower to the rear of the store below adjacent grade. They are asking for a 66' sign to make up that difference. The Sign Review Board recommended approval due to the unique circumstances of the site and with the condition that photo simulations of the sign are provided to the City Council. He advised that at one time a retaining wall was proposed for the sign where the power pole is, but due to the cost it was not economically feasible. He displayed pictures of the site and proposed pole. Council Member Gardner commented that because of the location, he did not think the height of the sign was an issue as it would not be imposing. MOTION: A motion was made by Council Member Gardner to approve the sign variance. SECOND: The motion was seconded by Council Member Whatcott. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. BUILDING DESIGN/CONCEPTUAL SITE PLAN: City Planner Ray Snyder explained this request is for a parking structure for the Stephen Wade car dealership. The site is zoned PD. The applicant can do a paved parking lot without coming before the City Council, but since they are requesting a two level parking structure, they must have Council approval. The highest point of the parking structure is at street level of Blackridge Drive. The building will have to meet setbacks. He displayed a photo simulation of the site. The Planning Commission asked that the landscaping comply with the landscaping plan and what is provided in the packet this evening. The Planning Commission recommends approval subject to the following conditions: (1) The structure, colors and materials shall be per October 23, 2007 submittal to the Planning Commission and City Council on November 1, 2007. (2) The parking structure is approved for two levels as presented. (3) Display vehicles on pads 23-26 shall be accessed by the parking structure and not Blackridge Drive. (4) A SPR (site plan review) application along with four sets of plans shall be submitted to the Development Services Department for standard plan check review. (5) Provide a photometric plan. Pole lighting shall be of a dark sky style with no lens protruding below the side perimeter of the fixture. The light levels are to be verified by a light meter prior to occupancy. (6) Any signage shall be under separate permit. (7) The landscaping shall be installed to match the landscape plan submitted. (8) Meet the requirements of the City Traffic Engineer. (9) Meet the requirements of UDOT. (10) All signing and striping shall conform to the City of St. George and MUTCD standards. Council Member Gardner inquired about future traffic issues. St. George City Council Minutes November 1, 2007 Page Twenty Seven Bill Western, representing the applicant, advised there would be no entrance off Black Ridge Drive. The structure will be located inside the dealership where there is already an existing driveway. Future roadway improvements will not impact the structure. The structure will be used for storage, auto storage and customer parking, etc. The structure is located 20' back from the road, and the...

...remental approach was suggested: 15% in open space, improvements such as a park or trail, or preservation of unique natural areas, or additional amenities such as attainable housing or land dedicated for civic uses, etc. The committee feels the first two factors should be mandatory. The question is how to provide small projects with the opportunity for higher density; perhaps a fee can be charged and put toward a park in the area, or the project could provide a trail access. There should be flexibility to look at the proposal and see if it meets the intent of what the City is trying to accomplish. The 15% for open space would still be used in the calculation for density, and in essence the developer is not giving it up. What it does is allow the City to get parks in areas where it has not been able to in the past and to allow trails to be connected. St. George City Council Minutes July 12, 2007 Page Two Mayor McArthur commented the plan appears to make sure there is a level playing field for all. City Manager Gary Esplin commented the only concern is if a person pays something, they are paying it to the City. Caution must be used to not mix this concept with the TND concept. Ed Burgess commented that there should be a different set of standards for smaller projects, as he was not sure the City wanted to have a whole bunch of small pocket parks that may or may not be able to be improved, and the City would not want to maintain them. There should be another means to get the density. In the case of Little Valley, the water impact fee on a half acre lot is an additional $4,500 per lot, and there will have to be some incentive involved vs. paying $4,500 more to the Water Conservancy District, such as paying the City to improve the infrastructure. One thing that needs to be figured out is how to provide the Council with discretion to be able to look at a project and have the ability to not be firm on the standards required, because one size does not fit all. Community Development Director Bob Nichlson commented that small parcels will require special consideration. If factors one and two are not feasible, perhaps a combination of the third factor could be used, such as enhanced landscaping along the right-of-way or private amenities that would enhance the project. City Attorney Shawn Guzman commented that according to the law, it is still unclear what the City can do, and it might have to say if the project is ten acres or less, a payment would be required or land is required to be donated. The City might have to have a cut-off on the acreage as to when it can charge a fee and when the land can be used for improvements. Mr. Nicholson commented that density bonuses for parks and attainable housing bonuses are common. Council Member Bunker suggested a community garden could be used instead of a park. Council Member Whatcott suggested a potential fourth factor - donation of land to increase building setbacks to allow for increased road widths, thereby eliminating narrow roadways. City Attorney Shawn Guzman commented wider park strips could be used for small acreages that cannot donate property for a park. City Manager Gary Esplin suggested that landscaped medians could also be used to soften roadways. Council Member Allen commented the City Council would like to see commercial development spread throughout the City to help keep traffic congestion down. Glen Bundy inquired where the areas planned for commercial were located. He was shown a map. St. George City Council Minutes July 12, 2007 Page Three Council Member Allen inquired about clustering. Ed Burgess replied this would fall under factor number three. The City Council needs the ability to approve a plan. City Manager Gary Esplin commented there is some concern with the way the Water Conservancy District is applying their calculation. The impact fee for half acre lots is almost $10,000, but there is an option to not pay the fee if landscaping is limited to 5,000 sq. ft. which would encourage clustering. Council Member Allen commented that clustering provides more open space than half acre lots. Community Development Director Bob Nicholson commented that lot size averaging is also an incentive. Mr. Esplin commented that also makes it easier to do an affordable housing component. Council Member Whatcott inquired if it would be based on the zone or size of lot. Mr. Esplin replied it would be based on the size of lot. Council Member Allen commented that clustering would do away with the need for walls and fences. Council Member Whatcott inquired if park improvement would allow for park impact fee reimbursement to the developer. Mr. Esplin replied that the developer would already be getting increased density in exchange for the improvement. Council Member Whatcott commented that the home buyer is the one who will pay this cost, not the developer. City Attorney Shawn Guzman advised that the City is not collecting impact fees for purchasing land for neighborhood parks. City Manager Gary Esplin commented that a partial amount does go toward building the park, but the developer is getting the benefit of having increased density. Council Member Whatcott commented that this would be charging the lot owner twice, and in the end the buyer has to pay twice. City Attorney Shawn Guzman commented that when the City did its impact fee study for regional parks, it took into account it would have a lot of park land donated and the amount per acre is a lot less than the fair market value of the property. St. George City Council Minutes July 12, 2007 Page Four City Manager Gary Esplin advised that a portion of the park impact fee does go toward the building of neighborhood parks, and a portion goes to trails, trailheads, recreation centers, and a portion goes to community parks. Somebody is getting compensated for putting the park in because they are getting increased density. Ron Bracken commented that all costs ultimately end up on the buyer. Council Member Whatcott stated the City must put a value on the park improvements. City Manager Gary Esplin replied that the value required is $125,000 for a standard park. If the developer wanted to add additional elements such as a water park, two tennis court, etc., this would give him the ability to have additional increased density, but does not address the issue of the person actually taking out the permit. But, this can be figured out. Ed Burgess commented that it is easy to donate land for a park, but 50% of developers will choose not to improve the park and take less density. However, the concept works. The question is if these people have to donate land for the park, should they also have to pay a park impact fee. City Manager Gary Esplin commented that if a homeowner has a chance to go into a subdivision that has trails and parks and amenities, he is more likely to buy in that subdivision because the marketability has been greatly enhanced. Mayor McArthur commented that Ivory Homes is putting in a twelve acre park and improving it. Mr. Burgess replied that Ivory Homes is receivin...

...ervices needed. His price for moving soil and compacting it at Seegmiller Park is approximately $44,275. She recommended that the bid be awarded to Bryce Christensen Excavating, Inc. in an amount not to exceed $44,275. City Manager Gary Esplin commented that funds in the Park Fund have been budgeted for this purpose. Mr. Christensen will also be taking soil of the Ft. Pearce Wash adjacent to the St. George Golf Club in order to alleviate flooding problems. MOTION: A motion was made by Council Member Gardner to award the bid to Bryce Christensen Excavating, Inc. in an amount not to exceed $44,275. SECOND: The motion was seconded by Council Member Orton. 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 rock crawling and off-road challenge event. UROC, applicant. City Manager Gary Esplin explained that the event will be held in the Tonaquint area. Staff is not aware of any problems resulting from last year?s event, and the application is in order. The City is also in possession of a letter from Gerry Brown approving access to the site. Mark Patey, President of UROC, explained that last year?s event was very successful and will again be filmed by ESPN. The event will be held September 11. MOTION: A motion was made by Council Member Gardner to approve the special event permit. SECOND: The motion was seconded by Council Member Orton. 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 an outdoor dance. Fiesta Fun Center, applicant. City Manager Gary Esplin explained that the outdoor dance will be held on September 4 from 8:00 p.m. until 12:00 p.m. Staff recommends approval subject to approval of the security plan and approval by the Fire Department. MOTION: A motion was made by Council Member Orton to approve the special event permit subject to approval of the security plan and approval by the Fire Department. SECOND: The motion was seconded by Council Member Gardner. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. St. George City Council Minutes August 19, 2004 Page Three SET PUBLIC HEARINGS: Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held August 10, 2004, recommended that public hearings to be scheduled for September 23, 2004 at 5:00 p.m., or any time thereafter, to consider the following: 1. A zone change from A-1 to R-1-10 on 1.51 acres located at 1960 East 2700 South between River Road and the Jedora Estates Subdivision. Will Powell, applicant. 2. A zone change from A-1 to PD Residential on 54.18 acres located at 3000 East 2450 South. Ken Miller and Brad Oliverson, applicants. 3. An amendment to the existing Pheasant Springs PD zone to change the plan on the undeveloped 7.9 acres from single family detached dwellings to create a subdivision with nine single family residential lots adjacent to the Pine Brook Subdivision and establish a church site for a future LDS chapel at approximately 530 S. Indian Hills Drive. Cary Blake/C. Blake Homes, applicant. 4. An amendment to Title 10, Chapter 18, St. George City Code, to address heights and locations on corner lots. 5. An amendment to Title 10, Chapter 19, St. George City Code to change the parking standards for the various levels of schools. MOTION: A motion was made by Council Member Gardner to schedule the public hearings for September 23, 2004 at 5:00 p.m. SECOND: The motion was seconded by Council Member Allen. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. FINAL PLATS: Associate Planner Mark Bradley explained that the Planning Commission, at its meeting held August 10, 2004, recommended approval of the final plat for Augustus Point Subdivision with 11 single family lots located at 1500 W. Snow Canyon Parkway. Quality Excavation, applicant. Mr. Bradley advised that the Planning Commission also recommended approval of the final plat for Paragon Cove Townhomes at Stone Cliff Phase 3. Staff recommends that a rock hazard note be included on the plat. Mr. Bradley advised that the Planning Commission also recommended approval of the final plat for El Dorado Valley Subdivision. Gail Maxwell commented that a rock hazard note has never been required before, and each lot has its own engineering certificate certifying the durability of the wall. He stated he did not think the note was needed, but would do so if required. Mayor McArthur commented he felt the note was a good idea, as several citizens have expressed concern that the rock might deteriorate over time and slough off. Mr. Maxwell commented that a geo tech engineer certifies that the walls are stacked appropriately. Mr. Bradley commented that if the City Council so desired, the note could be placed on the plat before the Mayor signed it. Council Member Orton inquired if this had been required in the past in other areas. Mr. Bradley replied that plats with hillside areas are generally required to have the note. If the Council required the hazard note on this plat, it would not require a new plat and would not hold up the progress of the project. MOTION: A motion was made by Council Member Allen to approve the final plats, subject to placement of a rock hazard note on the Paragon Cove Townhomes at Stone Cliff Phase 3 plat, and authorize the Mayor to sign the plats. The Mayor will sign the Paragon Cove Townhomes at Stone Cliff Phase 3 plat after the hazard note has been placed on the plat. SECOND: The motion was seconded by Council Member Orton. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. St. George City Council Minutes August 19, 2004 Page Four PRELIMINARY PLAT: Associate Planner Mark Bradley explained that the Planning Commission, at its meeting held August 10, 2004, recommended denial of the preliminary plat for Fort Pierce Contractors Park (formerly Lot 19 of the Ft. Pierce Industrial Park) on a four to three vote due to the size of the lots. The City Council, on August 5, 2004, approved the vacation of Lot 19 of the Ft. Pierce Industrial Park. The applicant would like to subdivide the lot into 12 lots. The new lots are now about 30,000 sq. ft. in size, with a few at 40,000 sq. ft. The applicant, Mark Burgess, feels that putting in 1700 East would be a financial difficulty. Mayor McArthur inquired of the applicant if he would like to table the item due to the fact that there were only three Council Members present, and any motion would have to be unanimous in order to pass. Gilbert Jennings advised that he was representing the applicant, and that he wanted to proceed. He explained that there is demand for smaller lots, and there is good access all around the property. Mike Upwall is opposed to the project, and his lots are divided into parcels the same size as the proposed lots. The proposal allows the CC&Rs to stand requiring a 60 foot setback on lot lines. He requested approval of the plat. He advised that a new phase will have 30 small lots, but they will not be available until the first of the year. Mayor McArthur commented that when someone buys a lot protected by CC&Rs, there is an expectation that the CC&Rs will be enforced. Mr. Jennings replied that he has tried to honor these expectations, but the City approves smaller lots all the time and he is the last to know. He commented that Mr. Upwall?s subdivision was illegal, but this is difficult to monitor. He commented that the industrial park consists of 100 acres, and he still owns enough of the property to be in control of the board of trustees. Mike Upwall commented that while Mr. Jennings is trying to make an issue of his property, his property was actually subdivided by Alan Archibald, and he was just a third party. He expressed concern about the large amount of truck traffic on the adjacent roadways, and the long, narrow lots with only 110' frontage proposed by Mr. Jennings. The CC&Rs allow two individuals to utilize one piece of property, and he felt the lots were too narrow to be used by two different businesses. He also expressed concern with parking on the street and bad visibility. He stated that most of the lot owners in the area have large lots, which is the way the park was designed. He stated that Mr. Jennings was not following through with enforcement of the CC&Rs. The property is zoned M-1, and was developed as industrial property, not for use by contractors. If this were the case, the property should have been zoned C-3. Mayor McArthur commented that the parcel has already been abandoned from the plat, and something will be developed on the parcels. Mr. Upwall commented that the CC&RS limit the lots sizes to one acre. Cheri Drew, representing Drew Cabinets, commented that she supported Mr. Upwall and was concerned that the character and value of her property be protected. She stated there has been selective enforcement of the CC&Rs and she has been disappointed to see the area go downhill each year. She expressed concern that by allowing smaller parcels of property, the area will become a ghetto. Council Member Orton commented that he spent time on the site today and is surprised at the opposition. The City has need for all types of manufacturers, and he could not think of a better place for manufacturing to be located. Mayor McArthur inquired of Mr. Jennings if he could meet all requirements for setbacks, truck traffic, frontage, etc. Mr. Jennings replied that there was access on the south and north, and all lots are essentially 9/10 of an acre except two. There is a 60' setback requirement, and the property will be subject to the recorded CC&Rs, even though the lot has been abandoned. While this is a preliminary plat, it is still subject to some change. Semi trucks will be able to deliver to the lots, and parking is not allowed on the streets. Council Member Orton inquired of Mr. Jennings if there was some reason he was not proposing one acre lots. Mr. Jennings replied that he would lose two lots and thus eliminate buyers. The demand is for lots in size between one-half and one acre. Council Member Orton inquired of Mr. Jennings if there would be only one business per lot. St. George City Council Minutes August 19, 2004 Page Five Mr. Jennings replied that the CC&RS state that there may not be more than two businesses on any one lot at any time. Council Member Orton inquired of staff what the City Code would allow. Community Development Director Bob Nicholson replied that there could be multiple businesses on one lot. The property could not be subdivided, but it could be subleased. Council Member Orton commented that it would be easier if the lots were one acre. Mr. Jennings inquired what the basis for this would be. Council Member Orton commented he was more concerned with the frontage. Cheri Drew inquired since there were violations of the CC&RS now, who would prevent the location of more than two tenants on one lot. Mr. Jennings replied that he would like to have the privilege of changing the vacated lot because of current needs and the market condition. City Attorney Shawn Guzman commented that the City would not become involved unless the City Code were violated. If owners are concerned about violation of CC&RS, they can hire an attorney and take legal action, but the City would not get involved. Council Member Allen commented that while she can see both sides, she was concerned that the property is designated for manufacturing and small contractors should locate on commercial property. She stated she had a hard time seeing how a manufacturer could locate on a small piece of property. Kevin Abraham commented that he needed a place for an office, an enclosure, and a protected back area for equipment. There is no property available in the St. George Industrial Park or Millcreek Industrial Park. With 110' frontage, he could build a 5,000 sq. ft. footprint, have a 60' setback, and still allow 50' on one side for access. Council Member Gardner commented that he was surprised by the resistance to Mr. Jennings proposal, and he saw the proposal as a compliment to the area rather than a threat. He stated the proposed use would bring other appropriate uses and add value to the park. One size does not fit all, and the proposal makes sense and addresses an important need in the community. MOTION: A motion was made by Council Member Orton to approve the preliminary plat with a minimum of 40,000 sq. ft. lots. SECOND: The motion was seconded by Council Member Gardner. Council Member Allen inquired if smaller lots would work in the other part of the Ft. Pierce Industrial Park where the property is unplatted. Mr. Jennings replied that this would be wonderful. VOTE: Mayor McArthur called for a vote, and as follows: Council Member Orton - aye Council Member Gardner - aye Council Member Allen - nay The request was denied. Council Member Allen commented that she would like to see two acre lots, as the area is zoned manufacturing, not commercial. Mr. Jennings replied that two acres is too big for small businesses, and not all manufacturers need two acres. PRELIMINARY PLAT: Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held August 10, 2004, recommended approval of the preliminary plat for The River Front with 21 single family detached dwelling units with the condition that no disturbance occur to the natural slope behind Unit 19. Riley Richardson is the applicant. MOTION: A motion was made by Council Member Gardner to approve the preliminary plat subject to the recommendations of the Planning Commission. SECOND: The motion was seconded by Council Member Orton. St. George City Council Minutes August 19, 2004 Page Six VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. LOT SPLIT: Associate Planner Mark Bradley explained that the applicant, Grace Episcopal Church, proposes to divided a parcel of land located at 1190 East 900 South into two parcels - one containing 2 3/4 acres, and the other almost two acres. The Planning Commission recommended approval subject to the following conditions: 1. Separate deeds shall be prepared for each parcel. 2. Legal descriptions for each lot. 3. A utilities and drainage easement shall be completed, notarized and recorded. 4. The applicant shall submit for review all legal documents to the City Attorney?s Office. Mr. Bradley advised that there is an existing conditional use permit for the church, and expansion of the church would not affect the lot split. MOTION: A motion was made by Council Member Orton to approve the lot split subject to the recommendations of 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. HILLSIDE DEVELOPMENT PERMIT: Associate Planner Mark Bradley explained that the Planning Commission, at its meeting held August 10, 2004, recommended approval of a hillside development permit for a proposed single family residential development (Tonaquint Terrace). The Hillside Review Board also recommended approval. The applicant would like to establish a rock park on the western edge of the site and preserve it as natural area. Ed Burgess, Quality Excavation, is the applicant. Council Member Orton commented that he would hate to see the City invest money in a public park where there is only one little area in which to access the park. He stated he would hate to see the park developed just for the property owners of the adjacent development unless a way could be figured out for everyone to access the park. Jim Raines, representing Bush and Gudgell, explained that the rock outcroppings are extensive in the proposed park area. Additional land is being annexed by State Trust Lands and the park will eventually be much larger than presented now. However, this is all the land that can be offered by the applicant, as this is all he owns. Walls with wrought iron will be constructed to prevent encroachments. MOTION: A motion to approve the hillside development permit was made by Council Member Orton. SECOND: The motion was seconded by Council Member Allen. Council Member Gardner clarified that the City?s concern is to allow more people to access the park, and as future developments in this area come to the City for approval, this access needs to be an important part of the discussion. 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 a detached garage with a height up to 22'4" and an enclosed sport court of similar height in an R-1-12 zone at 1347 South 2580 East. Rob Dias, applicant. Assistant Planner Ray Snyder explained that the applicant would like to construct a residential garage and an indoor sport court. The height would exceed the allowable building height of 15' because the applicant would like the roofline of the garage to be in harmony with the roofline of the house. The Planning Commission recommends approval. MOTION: A motion was made by Council Member Gardner 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. ENGINEERING CONTRACT: Consider approval of an engineering and CMS contract with Sunrise Engineering for the installation of the sewer line in the Washington Fields. St. George City Council Minutes August 19, 2004 Page Seven City Manager Gary Esplin explained that several years ago the City considered the placement of another outfall line in this area to serve Washington City. Sunrise Engineering did the preliminary work on that project, and the issue is now back to the City because of additional property development. Staff recommends approval of the agreement for a joint project with Washington City. The developers and two cities will share in the cost of the project. Council Member Orton inquired what the City?s cost of the project would be. Water Services Director Barry Barnum replied that the cost of the sewer project is $1.9 million, with engineering added to that figure. Engineering costs will another 12% of the total project cost. City Manager Gary Esplin advised that the total cost of the project will be $2.1 million, with costs borne on a percentage basis. Approximately half the cost will be split between the developers. MOTION: A motion to approve the agreement was made by Council Member Orton. SECOND: The motion was seconded by Council Member Allen. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. REIMBURSEMENT AGREEMENT: Consider approval of a reimbursement agreement with Larry Belliston. City Manager Gary Esplin explained that the reimbursement agreement is for joint proposed improvements along 280 East adjacent to Larry Belliston?s development, also connecting the road just west of the Mall with the Foxborough development south of Mr. Belliston?s property. The issue is whether the City should participate, and if so, in what amount. The property next to the wash, received from the Houston foreclosure, is not developable, and the question is whether the City, as property owner of the wash, should participate. Council Member Orton inquired if the City would put in the road. Mr. Esplin replied that the City is asking that the road be built for traffic circulation. Originally the City was going to build a trail on that side of the Middleton Wash, but the trail is now proposed for the other side of the wash. Direction from the City Council is needed. Mayor McArthur inquired what the City has done in like situations. Mr. Esplin replied that Mr. Belliston would like to deed some property to the City on the west side of the road, and then there would not be any development on the west side. He inquired if the City, as owner of the property, would then have the obligation to participate for traffic circulation. Council Member Orton inquired if there was another area with similar circumstances in which the City participated. Mr. Esplin replied that the City improves certain streets where there are no adjacent property owners to contribute to the project, such as along 900 South by the freeway fence. The City agreed to participate with the Jennings on the frontage road by the mall. Each instance depends on the circumstances. Assistant City Engineer Jay Sandberg advised that this discussion began when the City was interested in a trail in the wash. The trail is now going to be on the west side rather than the east side. 1680 East has to be extended so the location of the road is set. The property line extends along the west side of the road. Mr. Belliston?s property crosses the road, with a piece ending up on the west side. The City has participated in similar project when there has been no one on the other side to bill. The road is locked into where it has to go. Mr. Belliston?s original proposal was for the City to participate in the amount of $49,000. When City staff reviewed the figures, they did not feel this amount was reasonable and cut it back to $36,000. Staff feels it would be reasonable for the City to pay for curb and gutter on the west side and 10' of asphalt, with the developer paying for 25' of asphalt and the embankment. This proposal has the City paying about 1/3 of the cost, with the developer paying about 2/3 of the cost. 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. St. George City Council Minutes August 19, 2004 Page Eight City Manager Gary Esplin inquired of Mr. Belliston if his intent is to donate property to the City for open space. If he retains the property, rather than donating it to the City, he would be required to develop the road himself. Mr. Belliston replied that there was no reason not to donate the property to the City, and his intent has always been to do so. City Manager Gary Esplin commented that if the property is donated to the City, the entire roadway will be done now. Council Member Orton commented that if the City did not receive the property, it would not participate in the roadway improvement. City Manager Gary Esplin commented that if the City did not receive the donation of property, it would improve just its frontage. AMENDMENT TO CONTRACT: Consider approval of an amendment of the November 6, 2003 Management Consulting Services contract and associated scope of work for revisions to the replacement airport EIS. City Manager Gary Esplin commented that an additional $87,400 has to be added to the contract because of additional cultural resources, survey work, and land use planning between adjacent property owners. The FAA is covering 90% of the cost, and the City?s matching funds will come from the PFC fund. Staff recommends approval. MOTION: A motion was made by Council Member Gardner to approve the amendment. SECOND: The motion was seconded by Council Member Orton. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. REVISION TO MOU: Consider approval of a revision to the MOU with the FAA regarding release of EIS information. City Manager Gary Esplin explained that this item was added to the agenda as an emergency item, and is basically a housekeeping item. The revision will specify how the information will be released by the FAA, and the City agrees to abide by the manner in which they want to release the information. Efforts have been coordinated in compliance with FAA requirements. The agreement has been reviewed by the City Attorney. MOTION: A motion to approve the revision 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. CONTRACT: Consider award of a contract with Hendee Enterprises, Inc. for repairs to the Sand Hollow Aquatic Center. City Manager Gary Esplin explained that a windstorm several months ago damaged the dome at the SHAC. A portion of the cost to repair the damage is covered by insurance, but it must be decided if it is best to repair or replace it. The cost to replace it is significantly higher than repairing it, and funds from the refunding of the recreation bonds have been earmarked to help with this project. Hendee Enterprises was involved in the initial project and appear to be the only one able to do this type of repair work. He recommended that the City proceed with repair of the dome. MOTION: A motion was made by Council Member Allen to approve the contract. SECOND: The motion was seconded by Council Member Orton. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. MISCELLANEOUS DISCUSSIONS: Mayor McArthur advised that he recently met with Rene Daniels, representing the Factory Stores. She previously indicated to the City Council in a discussion about parking space at the Factory Stores that when Mrs. Powell?s bakery moved from the shopping center, the space would be returned to retail use. Now, however, another bakery would like to lease the space. St. George City Council Minutes August 19, 2004 Page Nine Council Member Orton commented that the new Starbucks and J. J. Hunan restaurant are close enough to opening that any action should be postponed to see how they affect parking at the shopping center. Mayor McArthur commented that the space was used as a bakery before, and was a bakery when the count was taking for parking. He stated he would have Ms. Daniels write a letter to the City Co...

...uilding is proposed to be 2.5 stories. For greater flexibility, uncovered parking and an eight foot landscape setback along the streets with parking in the remaining 17 feet of front yard setback may be allowed for student housing projects on a conditional use permit basis. A motion was made by Councilmember Gardner to approve the conditional use permit as recommended by the Planning Commission. The motion was seconded by Councilmember Whatcott, and all voted aye. PRELIMINARY PLAT: Associate Planner Jim McGuire advised that the Planning Commission, at its meeting held May 9, 2000, recommended approval of the preliminary plat for Desert Hills Subdivision with 198 single family lots located in Phases 1.8 and 1.9 of the Hidden Valley PD on 51.4 acres south of Brigham Road and southwest of the Desert Hills Intermediate School currently under construction. Paul Jensen is the applicant. There will be 123 lots on 29.76 acres in Phases 1.8, and 75 lots on 21.64 acres in Phase 1.9. The proposed density is 3.85 dwelling units per acre (4.13 dwelling units per acre for Phase 1.8 and 3.47 dwelling units per acre for Phase 1.9). The combined St. George City Council Minutes May 18, 2000 Page Four traffic impact study for this PD and the Sun River St. George PD addressed the need for improvements to Brigham Road and the I-15 Interchange as part of its recommendations. The timing for those improvements will be worked out prior to consideration of the final plat(s) in case participation is necessary for this development. The preliminary plat conforms to the conceptual plan of the PD. A motion was made by Councilmember Gardner to approve the preliminary plat as recommended by the Planning Commission. The motion was seconded by Councilmember Allen, and all voted aye. FINAL PLATS: Associate Planner Jim McGuire advised that the Planning Commission, at its meeting held May 9, 2000, recommended approval of the final plats for Shadow Mountain Phase IV-C (Paul Jensen, applicant), Ironwood Subdivision Phase II (Ence Homes, applicant), and Foxborough Phase I (Ence Homes, applicant). He advised that all plats conform to the preliminary plats. A motion was made by Councilmember Orton to approve the final plats and authorize the Mayor to sign them. The motion was seconded by Councilmember Allen, and all voted aye. INTRODUCTION OF HOUSE OF REPRESENTATIVES CANDIDATE: Mayor McArthur invited David Clark, a Republican candidate for House District 74, to stand and introduce himself. BEER LICENSE/LOCAL CONSENT: Consider a request for approval of a beer license and local consent for a restaurant liquor license for the Painted Pony restaurant in the tower at Ancestor Square. David Pizzuto, applicant. City Manager Gary Esplin advised a background check was performed on the applicant and no problems were found. The applicant is currently in business at another location, and staff recommends approval. A motion was made by Councilmember Allen to approve the beer license and local consent for a restaurant liquor license for the Painted Pony restaurant. The motion was seconded by Councilmember Whatcott, and all voted aye. PRESENTATION FROM TUACAHN: Presentation from the Tuacahn Amphitheater and Center for the Arts. This item was tabled as the applicants were not present. AGREEMENT WITH BRYCE CHRISTENSEN: Consider approval of an agreement with Bryce Christensen for cleaning as part of the Ft. Pearce Wash project. This item was tabled. AGREEMENT WITH SITLA RE DIXIE DOWNS ROAD EXTENSION: Consider approval of an agreement with SITLA on extension of Dixie Downs Road to connect to Snow Canyon Parkway. City Manager Gary Esplin explained an agreement is proposed between the City and School and Institutional Trust Lands to install a connection between Dixie Downs Road and Snow Canyon Parkway near the old racetrack. This new road would extend north, curve and connect to Snow Canyon Parkway. SITLA believes this road is a viable and important road, but does not have the funding to proceed right now. They propose that the City pay for the St. George City Council Minutes May 18, 2000 Page Five road now, and they will reimburse the City in five years. Staff believes the road is critical and proposes that interest charges be waived until payment is received in five years. A motion was made by Councilmember Orton to approve the concept of the agreement as presented, subject to approval by SITLA?s board. The motion was seconded by Councilmember Gardner, and all voted aye. AGREEMENT WITH ALPHA ENGINEERING FOR LITTLE VALLEY SID: Consider approval of a professional services agreement for the Little Valley SID project with Alpha Engineering. City Manager Gary Esplin presented an agreement with Alpha Engineering who proceeded with design and construction engineering on the recently approved Little Valley SID. It was Alpha?s understanding that if the SID was approved, they would get the contract for design and construction engineering. These costs are included in the district and will be paid for through assessments. A motion was made by Councilmember Orton to approve the agreement with Alpha Engineering as presented. The motion was seconded by Councilmember Allen, and all voted aye. AGREEMENT FOR DRAINAGE BASIN STUDY: Consider approval of a professional services agreement for the drainage basin study for the City. City Manager Gary Esplin advised the City received proposals from several firms, and staff recommends approval of an agreement with Alpha Engineering for the Main Street Drainage Basin analysis. A motion was made by Councilmember Gardner to approve the agreement as presented. The motion was seconded by Councilmember Whatcott, and all voted aye. City Manager Gary Esplin advised the amount of the contract is $47,848, and funds were budgeted for this project in the current fiscal year. REQUEST FOR OVERNIGHT USE OF TONAQUINT PARK: Consider a request to use Tonaquint Park from 9:00 p.m. through 5:00 a.m. on May 25-26, 2000 for a senior class party. City Manager Gary Esplin advised the City received a request from the Junior Class of Dixie High School for a sunrise event at Tonaquint Park. Staff has some concerns about the level or supervision as some problems were experienced last year. The School District indicates they are not in any way associated with the event. He advised that Tonaquint Park has a lot of open area which makes it difficult to supervise. Mayor McArthur commented that the site is difficult to supervise, and that Snow Canyon High School is holding a similar event at the Recreation Center until midnight which is more easily chaperoned. He advised that the Police Chief indicated the police would be available to drop in occasionally, however, more chaperons are needed than the amount currently proposed. Mayor McArthur advised he would support the event if it were held at a different location or more chaperones were provided. City Manager Gary Esplin advised the applicants are also requesting a waiver of the fee for use of the park. St. George City Council Minutes May 18, 2000 Page Six Councilmember Whatcott commented he was concerned the School District was not sponsoring the event and granting a fee waiver for a private venture. Deputy City Attorney Ron Read advised the event has been held in the past at Tonaquint Park because there are no nearby neighbors to be bothered by the noise. Snow Park would not be an appropriate location for this reason. Councilmember Orton stated he hated to send a message to the youth that they were not welcome, and preferred to send a positive message with an approved location. City Manager Gary Esplin commented if Tonaquint Park is approved for this event, more chaperones need to be provided, an admittance fee should be charged, along with payment of the reservation fee. Councilmember Allen suggested 25 chaperones be provided. City Manager Gary Esplin suggested a refundable cleaning deposit also be charged. A motion was made by Councilmember Orton to approve use of Tonaquint Park as requested, provided there be 25 chaperones at all times, payment of the reservation fee, and payment of a refundable cleaning deposit. The motion was seconded by Councilmember Allen. Mayor McArthur advised the motion should include the stipulation that the list of chaperones be provided to the City before the event so that it can be reviewed by the Police Department. Councilmembers Orton and Allen agreed that this stipulation be included in the motion. Mayor McArthur called for a vote, and all voted aye. Councilmember Allen advised this would set a precedent for future requests. PUBLIC TRANSPORTATION SYSTEM REQUEST: Consider a request for City participation in the purchase of a small bus for a public transportation system. Beth Cottam, applicant. Ms. Cottam distributed a memo formally requesting additional City participation in the proposed public transportation system. She advised that $10,100 was raised through donations toward the program, and requested the City consider supplying match funds to purchase a small bus. A bus is available now, but only until May 29th. If a commitment is not made to purchase it, the opportunity will be lost. The City?s portion would be $8,589. She also requested the City include in its budget each year the sum of $50,000 for transit support. She advised she would like to continue the partnership with the City in doing an annual solicitation for the transit program through the utility bills, and the money generated from this method could be used to augment the $50,000 in City support each year. Mayor McArthur inquired about the cost of purchasing one bus. Ms. Cottam replied the cost of one bus is $43,000-$58,000. Mayor McArthur stated the bus would have to be for public transportation, not special needs. Ms. Cottam advised the 5311 grant only provides enough money to acquire three buses, and four to five are needed. There is an opportunity now to acquire two buses, and the City?s part of the match is $17,200. The bus service will begin in St. George and cover all areas of the City. Bus service to other communities would depend on their level of participation. Ms. St. George City Council Minutes May 18, 2000 Page Seven Cottam advised the three buses are expected some time in October. She stated the bus service would generate $90,000 per year, and if $50,000 were obtained from the City, $125,000 from project income, plus additional from grants and foundations, the project is feasible. Councilmember Allen inquired about the cost per ride. Ms. Cottam advised the cost has to be subsidized at $1.00 per ride. Councilmember Whatcott inquired about the actual cost per ride. Ms. Cottam advised the actual cost is $3 per ride. Councilmember Whatcott advised that contrary to the statement made by Ms. Cottam previously, there is the potential for a tax increase as a result of this program because the City would have to take the $50,000 per year from somewhere else to give to the transportation program, and that may result in an increase in taxes. Councilmember Gardner stated this issue has been discussed for several years, and he is supportive of the program. However, he expressed concern about the City becoming obligated every year to provide $50,000. He could however support the request for seed money in order to qualify for funding and grants and to initiate momentum to being the transportation system. Mayor McArthur advised that once a commitment is made to provide $50,000 each year and a transportation program is in place, there is no turning back. Councilmember Orton inquired about support from other cities. Ms. Cottam replied they have been approached, but she has been waiting for St. George to approve the program before soliciting their participation. Councilmember Gardner inquired of City Manager Gary Esplin if any monies had been earmarked for this project. Mr. Esplin replied the funds would have to come from the City Council?s discretionary funds. He advised that an allocation of $50,000 on an annual basis would have to become part of the budget review process. He expressed concern that if the City donated $50,000 this year, but did not donate next year, how would the project continue to operate. Public Works Director Larry Gardner advised that the City of St. George will become an MPO in two years which will qualify it for mass transit funding of $300,000 - $400,000 each year. The transportation program needs to get up and running, and can develop into a full mass transit program once these funds are received. He advised Ms. Cottam?s request could be approved pending an acceptable financial plan with participation by other cities. Councilmember Orton inquired of Ms. Cottam why the transportation system could not wait for two years until MPO funding is received. Ms. Cottam replied there is a desperate need for public transportation now. Councilmember Allen agreed there was a severe need in the community for public transportation and that it would decrease traffic. Councilmember Whatcott commented he thought this program was directed at those who did not have vehicles and would simply add a bus to the roads and not decrease traffic. St. George City Council Minutes May 18, 2000 Page Eight Councilmember Gardner commented the City promised seed money for a transportation program if funds were located by Ms. Cottam. She has succeeding in obtaining a grant, and the City now must do its part. However, the continual funding request must be debated further. He made a motion to approve match of City funds to purchase two vehicles for the transportation program. City Manager Gary Esplin commented the key to receiving MPO funding is to have a valid mass transportation program. Ms. Cottam advised she anticipated working with Community Development Director Bob Nicholson as part of the MPO planning process. Councilmember Gardner?s motion was seconded by Councilmember Allen. Mayor McArthur restated the motion made by Councilmember Gardner. Ms. Cottam requested $50,000 from the City by October. Councilmember Gardner clarified that if there were any way the City could provide the funding, it would, but the request would have to reviewed and the budget examined before the City could commit to the request. Mayor McArthur called for a vote and advised Ms. Cottam the City approved $15,000 as the City?s match for purchase of vehicles without the promise of any future commitment. The vote was as follows: Councilmember Gardner - Aye Councilmember Allen - Aye Councilmember Orton - Aye Councilmember Whatcott- Nay The motion carried. PUBLIC HEARING/ORDINANCE: Public hearing to consider amendment to the General Plan Land Use Map to adopt the Master Plan of the South Block area containing 2,682.92 acres which will include designations for very low density, low density, medium density, and high density residential developments, commercial, industrial, open space, and designations for related development located north of the Arizona border in the southeast corner of the City. Leucadia Corporation, applicant. Community Development Director Bob Nicholson advised that City policy provides that amendments to the general plan are considered on a quarterly basis, and the general plan land use map provides the City?s long term intentions for land within the City. The amendment process allows the Planning Commission and City Council to determine how land use designations affect adjoining parcels. Mr. Nicholson advised the property in question was annexed to the City one year ago, and the proposed land use map includes a variety of land uses ranging from very low density up to one unit per acre, medium density, high density, a town center, a golf course, and airport-friendly uses. Leucadia has modified its original plan in the airport approach zones at the request of the City?s airport consultant to eliminate residential uses on the north side of the southern corridor. Leucadia has also made provisions to accommodate the second runway, and will have commercial and office uses in this area. The plan is conceptual at this time, and densities and dwelling units allowed will be fine tuned in the future. 70 acres is located within the Ft. Pearce Wash, over 200 acres have slopes above 40% and are not buildable, 110 acres is located within the proposed southern corridor, 12 acres in airport roads, 265 acres in a St. George City Council Minutes May 18, 2000 Page Nine proposed golf course, and over 1000 acres in open space. The Planning Commission recommended approval of the conceptual plan. Jeff Morby, applicant, advised this conceptual plan is the sixth edition of the plan. He advised Leucadia is dedicated to develop the area in a way acceptable to the direction of the City. He advised the town center and all development would comply with a pedestrian-friendly concept. He advised Leucadia preferred a zoning designation of R-1-10 when the property was annexed to the City, but at the City?s request agreed to a zoning designation of Mining & Grazing as a prelude to an acceptable plan. Councilmember Gardner expressed appreciation to Leucadia Corporation for finding a workable solution. Larry Pinnock, representing Leucadia Corporation, stated their goal is to have a majority of the residents of the area live within a five minute walk of the town center. Mayor McArthur opened the public hearing. Bruce Hannihan advised he was concerned with pending planning issues and the development?s distance from existing City infrastructure. He stated that approval of the project would give developers a message inviting sprawl miles from the City center which will require huge amounts of infrastructure, utilities, and transportation. He suggested if the project will not be developed for 5-10 years, that it be included when the general plan is modified at that time. He advised approval of this project would set a precedent for creation of uncontrolled growth. Anita Painter advised she witnessed uncontrolled growth in Orange County, California and hated to see it happen here. She stated she was interested in quality of life and was thrilled to hear about the new urbanism philosophy. She stated that alternative plans were available now and could be incorporated into a large plan of long duration. Mayor McArthur explained how the South Block property came into the City. He advised the proposed plan for this property is general in nature and not specific at this time. Councilmember Gardner advised that any Council action would not preclude future discussions, but would open the door for more interaction and planning. City Manager Gary Esplin advised the master plan is very general and the property will not be zoned until plans have been seen. Plans are not being asked for as part of the master plan approval process, but are merely setting the stage for the next step in the future. As far as infrastructure, the applicants will have to front the costs of all infrastructure without participation from anyone else. Councilmember Allen commented the property could be sold, and whoever purchases it may not have the same plans for it. City Manager Gary Esplin explained the proposed plan shows densities that conform to the airport. Jeff Klein explained he is a landowner adjoining Leucadia?s property, and as a landowner it is to his benefit not to place guidelines on his property at this point in time. However, he realized this was a great opportunity for participation by Leucadia in the new urbanism philosophy. He asked for additional time within which to try and work through an agreement with Leucadia to encourage landowners to carry out the same mission statement. St. George City Council Minutes May 18, 2000 Page Ten Larry Pinncok advised that Mr. Klein and Leucadia met on this issue, and the only way to enforce design and development of an area is from the municipality down. He stated that development is market driven, and at this time Leucadia is unwilling to place any deed restrictions on its lands as no one knows where the market will be in ten years. He stated it would be premature and unfair at this point to make those kinds of impositions on their land. However, if the same requirements were placed on all other landowners, he would be willing to have them placed on his. Mr. Klein stated he had no problem with passage of a resolution as opposed to a deed restriction, and suggested the City Council wait 30 days before taking action. Mr. Pinnock advised a resolution could be made at any point in time, but he opposed passage of a resolution that would interfere with the development process as it relates to Leucadia?s parcel. He reiterated he would be amenable to requirements being placed on their property if the same requirements were placed on all other property and everyone were subject to the same requirements. However, he stated he felt it was premature to be specific about zoning at this time. Mr. Pinnock advised that this project will follow development of the airport, and therefore it did not make economic sense to install infrastructure all by itself. Councilmember Gardner commented he did not think the proposed plan should hinge on a deed restriction that would cloud the property. There being no further public comment, Mayor McArthur closed the public hearing. Jeff Klein commented if infrastructure were years out, why couldn?t 30-90 days be taken to see if a resolution could be formulated to create a text for new urbanism to eliminate auto usage and incorporate state-of-the-art design standards. He stated he feared the next buyer would not want to adhere to the same design standards. Mayor McArthur again closed the public hearing. A motion was made by Councilmember Whatcott to approve by ordinance the amendment to the general plan land use map as requested. The motion was seconded by Councilmember Orton. Councilmember Gardner commented he hoped dialogue between the parties would continue. Councilmember Orton commented Leucadia Corporation has been in the process of master planning this area for a year and a half. Councilmember Whatcott amended his motion to include the suggestion by Councilmember Gardner that the parties continue to communicate. Mayor McArthur called for a roll call vote, and all voted aye. Mayor McArthur called for a five minute break. PUBLIC HEARING/ORDINANCE: Public hearing to consider approval of an amendment to the General Plan Land Use Map by changing the designation from high density residential to professional office and commercial on 11.26 acres located at the planned intersection of Riverside Drive and 1200 South. Ence Homes, applicant. St. George City Council Minutes May 18, 2000 Page Eleven Community Development Director Bob Nicholson advised the general plan calls for high density residential zoning, but the applicant has requested to have a professional office designation on the north side of Riverside Drive consisting of a one story professional office, and C-3 zoning on the south side of Riverside Drive. The City would prefer to have open space zoning on the south side. The Planning Commission recommended approval. Neighbors were present at the Planning Commission meeting and most felt good about the one story office building as the neighborhood would be finished off and cleaned up. The City does not want strip commercial down Riverside Drive and would like to keep the north side as a transition area. This proposal would accomplish that. Vince Clayton, representing Ence Brothers Construction, advised a single level professional office building would be unobtrusive to the adjacent residential area. Drainage problems will have to be taken care of. In addition, they are proposing that property north of the floodplain be designated commercial, but they will commit not to build on the parcel, but improve it with landscaping, parking, and berming, which is required for the commercial building on the adjacent parcel. Mayor McArthur opened the public hearing. John Kesler, a resident of the Village Townhomes, expressed concern that the entire complex would be surrounded with commercial. He stated he did not want 1200 South connected to Riverside Drive, and keeping it closed would allow for more parking for the proposed building and help shelter residents from noise. There being no further public comment, Mayor McArthur closed the public hearing. Councilmember Gardner expressed concern that not connecting 1200 South to Riverside Drive would be a detriment to the area. City Manager Gary Esplin advised a response would be premature as the applicant would have to come back with detailed plans at a later date and the City Council is simply considering an amendment to the master plan. Engineering staff is not present nor prepared to respond to Mr. Kesler?s suggestion. A motion was made by Councilmember Gardner to approve the amendment to the General Plan Land Use Map, by ordinance, as requested. The motion was seconded by Councilmember Allen. A roll call vote was taken and all voted aye. PUBLIC HEARING/ORDINANCE: Public hearing to consider approval of an amendment to the General Plan Land Use Map by changing the designation from low density residential to commercial on 2.19 acres located at the southwest corner of the planned intersection of 1400 West and Snow Canyon Parkway. Allan Carter, applicant. Community Development Director Bob Nicholson advised it is the intent of the City to not have strip commercial along Snow Canyon Parkway. The Planning Commission recommended approval. Neighbors were present at the Planning Commission meeting and expressed concern about the scale of the project. Corey Kinder with Bush & Gudgell, advised they have tried to work with the neighborhood and City to create a downsized commercial area so as not to create a full strip mall along Snow Canyon Parkway. St. George City Council Minutes May 18, 2000 Page Twelve Mayor McArthur opened the public hearing. There being no public comment, Mayor McArthur closed the public hearing. Councilmember Whatcott stated he believed the proposed project was counter to the City?s intentions for Snow Canyon Parkway, and he made a motion to deny the request. The motion died for lack of a second. Councilmember Orton requested clarification from City Manager Gary Esplin on the City?s plan for the area. City Manager Gary Esplin advised it was the City?s intent that the corner of Dixie Drive and Snow Canyon Parkway be designated commercial, as well as the corner of U-18 where the roads connect. He advised his personal opinion is that the request would result in spot zoning, and a convenience store at that location would not be able to acquire a beer license because of its proximity to a park. Deputy City Attorney Ron Read advised the City closed on property at this location for a park and received the deeds today. City Manager Gary Esplin commented he was not sure this was the appropriate location for a commercial use because of its proximity to a park and surrounding residential zoning. Councilmember Gardner inquired if the applicant knew the City was purchasing nearby property for a park. City Manager Gary Esplin advised that the applicant knew this, and it is also indicated on the master plan. Community Development Director Bob Nicholson advised the applicant is aware of the proposed park. Mayor McArthur advised the concept for Snow Canyon Parkway was to have limited commercial. Community Development Director Bob Nicholson advised he was concerned about the scale of the proposed project, a conceptual two story office building, and commented that it is out of scale with surrounding neighbors. Deputy City Attorney Ron Read advised the applicant, at the Planning Commission meeting, said the project would be a good transition to the busy intersection because no one would want a home on the corner. City Manager Gary Esplin advised the intersection is only serving the Royal Oaks Subdivision and does not go across the wash. Community Development Director Bob Nicholson stated the neighbors would like to see 1400 West closed off, and traffic engineers agree with them as they do not want three streets so close together off Snow Canyon Parkway. Councilmember Orton made a motion to deny the request. The motion was seconded by Councilmember Whatcott. Mayor McArthur called for a roll call vote as follows: Councilmember Whatcott - Aye Councilmember Orton - Aye Councilmember Allen - Aye Councilmember Gardner - Nay The motion carried. St. George City Council Minutes May 18, 2000 Page Thirteen PUBLIC HEARING/ORDINANCE: Public hearing to consider approval of an amendment to the General Plan Land Use Map by changing the designation from medium density residential to commercial on seven acres located on the southeast corner of 1680 East and 280 North. Larry Belliston, applicant. Community Development Bob Nicholson advised the general plan land use map shows the property as medium density residential. The applicant would like the designation changed to commercial, and is also requesting a zone change from R-1-10 to C-2. Surrounding property owners consent to the zone change. The property is bordered on the west by the Middleton Wash, and commercial development of this property will not have a ripple effect. A public street will extend along the wash and tie to the Foxborough Project. The Planning Commission recommends approval of both requests. Larry Belliston, applicant, advised he is working with City staff to install a trail system and provide parking access to the trail system. He read a letter in support of the project from Rocky Mountain Company, an adjacent landowner. Mayor McArthur opened the public hearing. There being no public comment, Mayor McArthur closed the public hearing. Councilmember Allen made a motion to approve the amendment to the general plan land use map, by ordinance, as requested. The motion was seconded by Councilmember Gardner. A roll call vote was taken and all voted aye. PUBLIC HEARING/ORDINANCE: Public hearing to consider a request for approval of a zone change from R-1-10 Single Family Residential to C-2 Highway Commercial on seven acres located on the southeast corner of 1680 East and 280 North. Larry Belliston, applicant. Mayor McArthur opened the public hearing. There being no public comment, Mayor McArthur closed the public hearing. A motion was made by Councilmember Gardner to approve the zone change by ordinance as requested. The motion was seconded by Councilmember Allen. A roll call vote was taken and all voted aye. DISCUSSION ITEM - BUILDING BEHIND POLICE STATION: Mayor McArthur stated that the color of the building being constructed behind the police station is not as anticipated by the City Council. The rendering shown to the Mayor and Council previously is not the same color. The Mayor and Council were under the impression the color of the building would be dark to blend into the Red Hill behind it. He advised he has received many negative comments about the color of the building and how it stands out against the hillside. Steve Brown advised he was caught off guard because he has not heard any negative comments about the building, and the rendering shown to the Mayor and City Council was not substantially different than the present color. Councilmember Allen advised she was surprised at the color of the building, and in discussions with neighbors, advised them the building would blend into the hill and that was the reason the City Council approved the extra St. George City Council Minutes May 18, 2000 Page Fourteen height adjustment. She stated the color of the building is different from the rendering and discussions. Ron Bracken advised that when they came to the City Council for approval, it was for a height variance only, and color was never discussed. He advised they tried to be conservative in the color, and when the rock is installed and the building is landscaped, it will be a beautiful building. He advised the rendering shown the City Council was to show the idea of the building only. Councilmember Allen stated color was discussed when the City Council made an on-site visit, and during the Planning Commission meeting comments were made that the building would blend well with the hillside. She said there is a discrepancy between what color the City Council thought the building would be and what it is now. Councilmember Gardner commented it was the City Council?s understanding the building would be substantially darker that it now is, and that it would blend into the hillside. This was discussed as far as back as when the trade of properties was discussed. He advised he had received some negative comments about the color of the building. He inquired about a resolution of the matter. Mayor McArthur advised when he met with Gary Tooke, Mr. Tooke advised the color of the building came out lighter than he thought it would be. Mayor McArthur suggested the segment of building could be redone and made to blend into the hill. Councilmember Allen advised she has heard from residents that the color stands out. Councilmember Gardner advised the color of the building is so much of a contrast against the hills that it is a negative thing and does not fit. He advised he was hopeful something could be done to soften the effect. Mr. Bracken replied it would take at least $10,000 to change the color. Mayor McArthur advised he would not want future generations to say the project does not look good for the community, and while the building is beautiful, the color does not fit. Councilmember Orton advised the City Council went out on a limb in approving the project as there was opposition to the building. The City Council unified behind the applicants with the intent the building would blend into the hill. He inquired if something could be done to satisfy everyone. Ron Bracken advised the rock work will cause the building to blend into the hillside. Mayor McArthur commented the rock work would not cover enough of the building to cause it to blend into the hillside. City Manager Gary Esplin commented the City went out on a limb to approve the project and exchange property with the applicants. He stated everyone was surprised at the magnitude of the building, and if the City had realized how huge the building would be, the City might not have been as accommodating. He explained a commitment was made that the building would blend into the mountain behind it, and while there are no legal requirements, there should be some way to work it out. St. George City Council Minutes May 18, 2000 Page Fifteen Mayor McArthur advised this would affect dealings with the applicants in the future as no resolution of the matter has been able to be reached. Councilmember Gardner commented there is no legal basis for the City to require the color to be changed, and suggested both parties contribute funds to change the color and solve the problem. City Manager Gary Esplin commented if the building were a reddish-brown color and blended into the hillside, it would not appear to be as massive. However, its size is not the problem, just the color. Councilmember Gardner was excused from the meeting. Gary Tooke inquired if the Council preferred brown or red tones. Mayor McArthur advised it should be reddish to blend with the hill. Mr. Tooke expressed concern that the reddish color would not be satisfactory and complaints would again be made about it. Carol Sapp suggested a photograph be taken against the background and the color changed with computer graphics to see which is best. Rod Rasmussen stated he worked with Kayenta on coloring and it is very tricky. He advised computer graphics would not work, and suggested painting swatches of different colors and viewing them from different areas of town. He advised that Kayenta?s colors could be used as samples. Ron Bracken advised there are seven owners of the building and he would have to check with them for their consensus. Mayor McArthur advised all in attendance that any action by the City Council would have to be unanimous as there were only three Councilmembers present. He advised that anyone scheduled on the agenda could have the option of having his or her item tabled until the next agenda if desired. APPEAL OF PROVISIONS OF SIGN ORDINANCE: Consider an appeal to the provisions of the Sign Ordinance for entrance signs at Ancestor Square. City Manager Gary Esplin advised the proposed signs are in opposition to the present Sign Ordinance, and the applicant is appealing the decision of the Sign Review Board. Community Development Director Bob Nicholson advised the proposed signs are significantly larger than allowed and would not be a minor variance from the ordinance, so the matter was referred to the City Council. The proposed signs are 17.5 sq. ft. and the ordinance limits them to 6 sq. ft. The applicants would like to locate the signs on 100 West, 200 North, and Main Street. He advised the requests may be justified on 100 West and 200 North, but the buildings and driveway are very obvious on Main Street and there is no real justification for them. Mayor McArthur agreed the parking area is very visible from Main Street, and suggested the possibility of smaller signs at Main Street, and approving the larger signs on 100 West and 200 North. Rod Rasmussen, President of the Ancestor Square Merchants? Association, advised the problem with Ancestor Square has been access and parking. The recent renovation helped, but there is no grand entrance to the project. He advised the sign on Main Street would be the most important sign and the size is vital. St. George City Council Minutes May 18, 2000 Page Sixteen Sherry Thompson, owner of two businesses in Ancestor Square, advised the elderly are confused on Main Street and the main entrance to Ancestor Square is just a driveway between parked cars and the signs are crucial to aid directions. A directional sign has to stand out, and she designed the signs which follow the theme of the tower design. Community Development Director Bob Nicholson advised that part of the signs will be below ground, and only 5' will extend above grade. There are other options such as smaller signs similar to Kinko?s. He advised consistency over the long run must be considered as the City has been trying to minimize the number of free-standing signs. He advised he still felt there were enough Ancestor Square signs on Main Street. City Manager Gary Esplin stated the signs did not appear to be parking signs, but rather signs indicating business locations. The sign would then be an advertising sign, not a directional sign. He suggested that landscaping could be removed to incorporate an entrance sign and widen the entrance off Main Street. Councilmember Allen inquired of Ms. Thompson if she felt smaller signs would be as effective. Sherry Thompson replied the main purpose for the signs is to act as directionals, and the proposal to widen the entry is not feasible. Councilmember Whatcott commented the main entrance to Ancestor Square is off St. George Blvd., and the large sign on the waterfall would be removed and a big entrance created. Rod Rasmussen advised the main entrance is off Main Street, not St. George Blvd. Councilmember Orton commented that while the City Council wants to help the success of businesses, he did not feel the Sign Ordinance should be changed to accommodate the request. City Manager Gary Esplin advised the City would set a precedent if it approved this request, and all others would then have to be allowed. He commented Brooks Pace was on the Sign Board when the sign dimensions were finalized, and while Ancestor Square is vital to downtown redevelopment, the larger signs are not necessary. Councilmember Allen inquired what size sign would be acceptable to the City. Community Development Director Bob Nicholson replied driveway signs can be six sq. ft. Councilmember Whatcott inquired if the sign could be scaled down to the size of a public parking sign and placed in the right-of-way to direct traffic to parking in Ancestor Square. Community Development Director Bob Nicholson replied the sign could only be located outside of the right-of-way behind the sidewalk. Councilmember Orton commented he was not sure the City could turn anyone else down if this request were granted, and the City would lose all it has gained in the Sign Ordinance. He made a motion to deny the request, but suggested the applicants come back with something to meet the ordinance. The motion was seconded by Councilmember Whatcott, and all voted aye. St. George City Council Minutes May 18, 2000 Page Seventeen REQUEST FOR VARIANCE FROM SIGN ORDINANCE: Consider a request for a variance from the Sign Ordinance for a pole sign for the Rimrock Marketplace on River Road. City Manager Gary Esplin explained the City recently approved an amendment to the Sign Ordinance allowing only monument signs along River Road from 300 South to 700 South. Lowe?s is locating on River Road with part of the mall project in the area where pole signs are allowed, and part in the area where monument signs are required. They are requesting that the City vary the beginning and ending of the monument sign requirement and allow them to have pole signs. Bob Moore of Woodbury Corporation, representing Lowe?s, advised that Lowe?s would be happy with 35' pole signs, and would like uniform signs throughout the project. There will not be a collage of pole signs, but three only throughout the project - one for Target, one for Lowe?s, and one advertising the remaining box tenants. He explained the signs will not be a metal pole with a sign on top, but will coordinate architecturally with the project. Landscaping will also be provided around the signs. Councilmember Orton stated he felt it would be in the best interests of the City to allow the pole signs for the major shopping center on River Road. City Manager Gary Esplin commented the property where Lowe?s ends could be the beginning the corridor requiring monument signs. Community Development Director Bob Nicholson commented that one of the points raised when the corridor was created was where it should begin, and no definitive answer was decided upon, so staff went with 300 South. The ordinance could be amended and a variance would then not be necessary. The corridor could begin at 500 South and go south, with one sign allowed per block. A motion was made by Councilmember Whatcott to approve the variance to the Sign Ordinance as requested, to a maximum of 35'. The motion was seconded by Councilmember Orton, and all voted aye. REQUEST FOR BEER LICENSE AND WAIVER OF DISTANCE REQUIREMENTS: Consider a request for approval of a beer license for the Bluffs convenience store on Bluff Street, and a waiver of the distance requirements contained in City ordinance. Doug Chamberlain, applicant. City Manager Gary Esplin explained the City?s Beer License Ordinance prohibits issuance of a beer license to an establishment located within 600' of a school, park or church. Shawn Ferris, attorney for Doug Chamberlain, applicant, explained his client began development in December, 1999 and at all times had plans for the Sinclair convenience store to be part of the development. U. S. Bank required a letter from the City stating that the business was in compliance with all City ordinances, and this letter was issued by the City. Mr. Chamberlain was advised by Associate Planner Jim McGuire the convenience store would need to be 600' from a park or school in order to have a beer license. Mr. Chamberlain is seeking a Class ?A? license, the minimum type for beer sales. The ordinance, however, requires that a beer licensee be 600' from churches too. However, McGuire?s Restaurant had a liquor license, and the Texaco right across the street from the church has a beer license. He advised City ordinance provides that the City Council may make a variance and allow a Class ?A? license. The proposed convenience store is a small profit margin business and has to sell beer to succeed. He St. George City Council Minutes May 18, 2000 Page Eighteen advised issuance of this license would not impair the purpose of the alcohol licensing statute, and the development is a very high quality one. Councilmember Whatcott advised that Mr. Chamberlain?s beer license application states the business must be located 600' from any school, park or church, and Mr. Chamberlain indicated his business was 600-700' away from any of those, so he must have been aware of the requirement at some time. Associate Planner Jim McGuire advised his practice has consistently been to send people seeking beer licenses to the Legal Department. He stated he would not have made the statement as alleged by Mr. Ferris because he did not know the exact distance requirement. He advised that a mini mart is a permitted use in that zone, and he indicated so in his letter to U. S. Bank, and it is up to the business whether beer or liquor is sold. If the applicant wants to sell beer, he must comply with the requirements. City Manager Gary Esplin explained the Texaco convenience store was grandfathered in as an existing use, but he believed the City granted local consent for a restaurant liquor license to McGuire?s after the church was located there. He stated he did not remember the basis for such approval, or the reasons why, but the subsequent owners of the business have come in for a liquor license and have been told they must meet the requirements of the existing ordinance. Deputy City Attorney Ron Read advised Jeff Cox from the Brandin? Iron operated for one year without a beer or liquor license, and when he came in for an application, he was told he could not get one because the old one had lapsed. City Manager Gary Esplin inquired how the distance is measured, property line to property line, etc. Deputy City Attorney Ron Read replied if the distance is measured from entrance to entrance, it is about 600'. He explained the State has two measurements - one within a normal walking path, (which would be about 300'-350' for this applicant), and the other is for normal vehicle traffic pattern (this would be about 400' for this applicant). If the measurement fails on one, it fails on both. Both measurements must be met. Mr. Read advised the applicant meets neither tests. The City has taken a less aggressive approach and if the applicant can meet State requirements, it can meet the City?s. Mr. Chamberlain explained the proposed project was a team effort, and three separate layouts were prepared and submitted to the City. Each had the convenience store on it, and never was any mention made of compliance with the distance requirements, nor was any mention made of this requirement in the letter to U. S. Bank provided by the City. He advised he did not apply for the license until one month ago, and was not informed of the requirement until after the project was done and equipment ordered. Mayor McArthur commented the developer must bear some responsibility to know what the ordinances are. Mr. Chamberlain stated that even building inspectors do not know all the building codes. Councilmember Orton stated he has built three grocery stores, and never once did a City ask him if he was sure he could sell beer. He stated that was his responsibility. He advised that every city in Utah has an ordinance on how close a beer licensee can build to a school, park or church. St. George City Council Minutes May 18, 2000 Page Nineteen Mr. Chamberlain explained this was the first convenience store he has built. Councilmember Orton inquired of Mr. Chamberlain of the date when he filled out his application for a beer license. Mr. Chamberlain replied it was March 13, 2000. Councilmember Orton stated that someone filled out the application and indicated the store was 600'-700' from a church, school or park, and that someone knew at that time about the requirement, and that sh...

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... PD. 25% of the proceeds raised from the booths and activities at Worthen Park on August 7 from 6:00 to 9:00 p.m. will go to the Mobile Watch program. She explained that the Mobile Watch program consists of volunteer citizens who are trained by the PD to patrol their own neighborhoods. St. George City Council Minutes July 19, 2001 Page Two Sergeant Harding advised that Mobile Watch volunteers donate 300-500 hours per month and provide their own vehicles and gasoline. INTRODUCTION OF SCOUTS: Mayor McArthur invited Scouts from Troops 521, 614, and 413 to introduce themselves. AWARD OF BID: Consider award of a blanket purchase order for S & C pad-mounted switch gear for the Power Department. Purchasing Agent Sue Swensen recommended award of a blanket purchase order to Western States/Peterson Company, the only supplier of the switch which meets City specs. She recommended award of a blanket purchase order in an amount not to exceed $255,000 for the year. This amount represents only a 3% increase to the previous three-year old bid. A motion was made by Council Member Isom and seconded by Council Member Allen to award a blanket purchase order in an amount not to exceed $255,000 for the year to Western States/Peterson Company for purchase of S&C pad-mounted switches for the Power Department. Mayor McArthur called for a vote, as follows: Council Member Isom - aye Council Member Allen - aye Council Member Whatcott - aye Council Member Gardner - aye Council Member Orton - aye The vote was unanimous and the motion carried. AWARD OF BID: Consider award of bid for the purchase of chip seal oil for the Streets Department. Purchasing Agent Sue Swensen advised the City received two bids for chip seal oil as follows: Crown Asphalt $75,173 Copperstate Emulsions $77,978.80 She recommended award to the low bidder, Crown Asphalt, in the amount of $75,173. A motion was made by Council Member Gardner and seconded by Council Member Isom to award the bid to the low bidder, Crown Asphalt, in the amount of $75,173. Council Member Whatcott inquired why mobilization costs were more than the engineer’s estimate. Assistant City Engineer Steve Perry replied that one bidder’s unit prices may be higher with lower mobilization costs, while another bidder’s unit prices may be lower and mobilization costs higher; it is entirely at the bidder’s discretion. He commented that the bottom line was that the low bid was close to the engineer’s estimate. Mayor McArthur called for a vote, as follows: Council Member Gardner - aye Council Member Isom - aye Council Member Orton - aye Council Member Whatcott - aye Council Member Allen - aye St. George City Council Minutes July 19, 2001 Page Three The vote was unanimous and the motion carried. RESOLUTION: Consider approval of a resolution authorizing and designating Gary S. Esplin as the official representative for the Utah State Agency for Surplus Property Program. City Manager Gary Esplin advised this was a housekeeping item, and a representative from the City must be designated every two years in order to participate in the program. A motion was made by Council Member Gardner and seconded by Council Member Whatcott to designate Gary Esplin as the City’s representative for participation in the Surplus Property Program. 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 Isom - aye The vote was unanimous and the motion carried. RESOLUTION: Consider approval of a resolution abandoning a portion of the limited common areas at Sun River Phase I, Plat I-A. City Manager Gary Esplin explained the applicants would like to combine several lots into one lot. A motion was made by Council Member Gardner and seconded by Council Member Whatcott to approve the resolution. Mayor McArthur called for a roll call vote, as follows: Council Member Gardner - aye Council Member Whatcott - aye Council Member Allen - aye Council Member Isom - aye Council Member Orton - aye The vote was unanimous and the motion carried. RESOLUTION: Consider approval of a resolution authorizing a notice of intention to create a special improvement district for Rimrock Wash. City Manager Gary Esplin explained the City received a petition to form an SID for the Rimrock Wash in the area from 700 South to 900 South. This SID would involve the installation of utilities necessary for a development project. The City is involved because of its substation at 900 South and its efforts to facilitate donation of land for a park. The City would also be the beneficiary of 50% of the property owned by the Jennings Trust on the east side of the wash. 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, as follows: Council Member Gardner - aye Council Member Allen - aye Council Member Isom - aye Council Member Orton - aye Council Member Whatcott - aye St. George City Council Minutes July 19, 2001 Page Four The vote was unanimous and the motion carried. HILLSIDE DEVELOPMENT PERMIT: Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held July 10, 2001, recommended approval of a hillside development permit for Stone Cliff Phase 6 located on Schmutz Hill on the south side of 1450 South and east of River Road subject to the landscape statement include language that any disturbed areas outside the building footprint area be restored by spraying a native type seed mixture, as recommended by the Hillside Review Board. Kay Traveller is the applicant. A motion was made by Council Member Isom and seconded by Council Member Orton to approve the hillside development permit subject to the recommendations of the Planning Commission. Mayor McArthur called for a vote, as follows: Council Member Isom - aye Council Member Orton - aye Council Member Whatcott - aye Council Member Allen - aye Council Member Gardner - aye The vote was unanimous and the motion carried. HILLSIDE DEVELOPMENT PERMIT: Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held July 10, 2001, recommended approval of a hillside development permit for Paragon Cove at Stone Cliff on Schmutz Hill on the south side of 1450 South and east of River Road. Kay Traveller is the applicant. A motion was made by Council Member Isom and seconded by Council Member Allen to approve the hillside development permit as recommended by the Planning Commission. Mayor McArthur called for a vote, as follows: Council Member Isom - aye Council Member Allen - aye Council Member Orton - aye Council Member Gardner - aye Council Member Whatcott - aye The vote was unanimous and the motion carried. PRELIMINARY PLAT: Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held July 10, 2001, recommended approval of the preliminary plat for Stone Cliff Phase 6. Lots 601-610 will have access from Cliff Point Drive, and lots 611-620 will have access from View Point Drive. Kay Traveller is the applicant. A motion was made by Council Member Orton and seconded by Council Member Isom to approve the preliminary plat as recommended by the Planning Commission. Mayor McArthur called for a vote, as follows: Council Member Orton - aye Council Member Isom - aye Council Member Allen - aye Council Member Whatcott - aye Council Member Gardner - aye The vote was unanimous and the motion carried. FINAL PLAT: Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held July 10, 2001, recommended approval of the road dedication plat St. George City Council Minutes July 19, 2001 Page Five for a portion of 500 South Street which runs east from River Road between the new Lowe’s store and the IHC Insta-Care facility, and also widening River Road by 8’ from approximately 200 South to 500 South for a distance of 1428.74 linear feet. Craig Crandall is the agent for the applicant. A motion was made by Council Member Allen and seconded by Council Member Isom to approve the final plat and authorize the Mayor to sign it. Mayor McArthur called for a vote, as follows: Council Member Allen - aye Council Member Isom - aye Council Member Whatcott - aye Council Member Gardner - aye Council Member Orton - aye The vote was unanimous and the motion carried. FINAL PLAT: Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held July 10, 2001, recommended approval of the final plat for Rimrock Plaza. Craig Crandall is the agent for the applicant. A motion was made by Council Member Gardner and seconded by Council Member Orton to approve the final plat and authorize the Mayor to sign it. Mayor McArthur called for a vote, as follows: Council Member Gardner - aye Council Member Orton - aye Council Member Whatcott - aye Council Member Allen - aye Council Member Isom - aye The vote was unanimous and the motion carried. LOT SPLIT: Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held July 10, 2001, recommended approval of a lot split in the Bloomington Ranches on Del Mar/Swaps Drive and Solano Way. This area of the Ranches is zoned R-1-10. The parcel with the home will consist of 29,641 sq. ft. and the new parcel will consist of 10,245 sq. ft. Harold Griffin is the applicant. A motion was made by Council Member Orton to approve the lot split as recommended by the Planning Commission. 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 Council Member Gardner - aye The vote was unanimous and the motion carried. CONDITIONAL USE PERMIT: Consider approval of a conditional use permit to put recreational equipment inside the fenced area at Sunhawk Academy located at 948 North 1300 West. Chris Klingonsmith, applicant. Associate Planner Mark Bradley advised the applicant would like to locate recreational equipment in the outside yard area to provide teamwork experience, similar to a ropes course. A conditional use permit was required for the Academy, and some of the objects will be 35’ in height. Requiring a St. George City Council Minutes July 19, 2001 Page Six conditional use permit will also allow the neighbors an opportunity to provide input. Mayor McArthur inquired if comments from the neighborhood were made at the Planning Commission meeting. He was advised that none were made. Kevin Baron, applicant, advised the tallest structures will be 6-8 telephone poles projecting 35’ into the air to be used for the ropes course. He advised the Academy is licensed to have 72 students, boys and girls ages 13-17. There are 60 residing at the building and 16 out in the wilderness. He advised the Academy’s relationship with neighbors has generally been good. A motion was made by Council Member Orton and seconded by Council Member Isom to approve the conditional use permit. Mayor McArthur called for a vote, as follows: Council Member Orton - aye Council Member Isom - aye Council Member Gardner - aye Council Member Whatcott - aye Council Member Allen - aye The vote was unanimous and the motion carried. CONDITIONAL USE PERMIT: Consider approval of a conditional use permit for a storage building on the east property line to store recreational equipment and maintenance supplies at the City Recreation Center, 300 South 400 East. City of St. George, applicant. Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held July 10, 2001, recommended approval of a conditional use permit for a storage building on the east property line of the City’s Recreation Center to store recreational and maintenance supplies and equipment. The Planning Commission determined the use was in harmony with the zone and similar in nature to uses in the zone. A motion was made by Council Member Gardner and seconded by Council Member Allen to approve the conditional use permit. Mayor McArthur called for a vote, as follows: Council Member Gardner - aye Council Member Allen - aye Council Member Isom - aye Council Member Orton - aye Council Member Whatcott - aye The vote was unanimous and the motion carried. CONDITIONAL USE PERMIT: Consider approval of a conditional use permit for an adult daycare center for up to 16 elderly persons at 571 South 440 East Cr. Bill Rauscher, applicant. Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held July 10, 2001, recommended approval of the conditional use permit subject to the following conditions: (A) Approval by the City’s Fire Marshall regarding site inspection and whether 16 adults are permissible for the amount of square footage designated as the care area; (B) The applicant be a permanent resident of the dwelling; (C) The applicant obtain all required licenses for the operation. St. George City Council Minutes July 19, 2001 Page Seven He advised that hours of operation would be 6:00 a.m. to 6:00 p.m. five days a week. The site is the former Noah’s Ark child day care facility, and is located in an R-1-8 zone. A motion was made by Council Member Isom and seconded by Council Member Whatcott to approve the conditional use permit subject to the recommendations of the Planning Commission. Mayor McArthur called for a vote, as follows: Council Member Isom - aye Council Member Whatcott - aye Council Member Orton - aye Council Member Allen - aye Council Member Gardner - aye The vote was unanimous and the motion carried. CONDITIONAL USE PERMIT: Consider approval of a conditional use permit for an on-site manager’s residence in a C-3 zone at Arrow Storage located at 928 North Westridge Drive. Bob Bart, applicant. Associate Planner Mark Bradley advised that the applicant’s project includes both a business park and storage units. The Planning Commission, at their meeting held July 10, 2001, recommended approval subject to the manager or security personnel only be permitted to reside in the residential dwelling. Bob Bart, applicant, advised that an on-site manager is desired for security reasons. He commented there was one more space to build, with a rental unit on the ground floor and an on-site manager’s residence above it. He did not know the exact nature of the rental unit, but suggested it might be something retail such as cabinet shop. A motion was made by Council Member Gardner and seconded by Council Member Isom to approve the conditional use permit subject to the recommendations of the Planning Commission. Mayor McArthur suggested the motion include an annual review to assure compliance with the requirement that only an on-site manager or security person reside in the dwelling unit. Council Member Gardner replied he was not opposed to inclusion of this condition in his motion. City Attorney Jonathan Wright advised the Zoning Ordinance prohibited rental of the dwelling unit for anything other than for use by an on-site manager or security personnel. Mayor McArthur called for a vote, as follows: Council Member Gardner - aye Council Member Isom - aye Council Member Whatcott - aye Council Member Allen - aye Council Member Orton - aye The vote was unanimous and the motion carried. Mr. Bradley requested clarification of the motion, and was advised the motion included an annual review to verify compliance. Council Member Isom suggested the City’s compliance officer make this verification. St. George City Council Minutes July 19, 2001 Page Eight CONDITIONAL USE PERMIT: Consider approval of a conditional use permit for an addition to the Qwest Communications Green Valley building at 360 South Valley View Drive. Qwest Communications applicant. Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held July 10, 2001, recommended approval of the conditional use permit subject to the following conditions: (A) Planting of street trees along Valley View Drive and noise barrier trees along the wall between the property and adjacent neighbors; (B) The property be cleaned up and maintained; (C) The air conditioning units be located on the ground or enclosed within the building (the building could have up to an additional 100 sq. ft. if necessary to accommodate this request). (D) Installation of a solid masonry brick wall between the neighbors to reduce impacts in a residential zone. Council Member Allen commented there was discussion in the Planning Commission meeting about using dryvit stucco on the outside of the building as brick heats up too much, and this issue should be clarified. Wayne Rex, architect, advised that block walls will be installed on two sides of the property adjacent to the residential areas, and the building will be the same color and height as the building on the north side of the property. There was also discussion about landscaping the site and continual upkeep. He advised he had discussions with maintenance personnel for Qwest and indicated their work needed to be upgraded and proper maintenance done on all Qwest sites. Street trees will be added along the front on the street side and berming and landscaping with native trees will be done along all other three sides of the property to provide a sight and sound barrier. The air conditioning unit will be wall-mounted to the building. Additionally, the cost to install insulation in the building was reviewed and is thought to be a good idea as it will help save energy costs too. However, this has not been formally approved. A motion was made by Council Member Allen and seconded by Council Member Orton to approve the conditional use permit subject to the recommendations of the Planning Commission. Mayor McArthur called for a vote, as follows: Council Member Allen - aye Council Member Orton - aye Council Member Isom - aye Council Member Gardner - aye Council Member Whatcott - aye The vote was unanimous and the motion carried. Community Development Director Bob Nicholson inquired if the dryvit stucco was a condition of approval, and was informed by the Mayor and City Council that it was. PUBLIC HEARING/ZONE CHANGE/ORDINANCE: Public hearing to consider a request for a zone change from R-1-8 Single Family Residential to R-3 Multiple Family Residential for property located at 67 West 300 South. Sheldon Leavitt, applicant. Community Development Director Bob Nicholson explained the site consists of 8/10 of an acre located between Main Street and 100 West and 300-400 South. The applicant’s property is currently zoned R-1-18, with surrounding property zoned R-2 and R-3 to the north, and PD to the east and south. The applicant is requesting R-3 zoning. R-3 zoning is consistent with the General Plan which recommends medium density. The applicant is proposing to build three duplexes. There is an existing single family home which would remain on a 6,000 sq. ft. lot. The Planning Commission recommended approval. St. George City Council Minutes July 19, 2001 Page Nine Sheldon Leavitt advised he is the general contractor, not the owner of the property. Council Member Gardner inquired why the applicant was requesting R-3 zoning instead of PD. Associate Planner Mark Bradley advised the request was originally for a PD, but the applicant desires a density greater than allowed in the General Plan. By reducing the lot size with the single family home from 8,000 to 6,000 sq. ft. and change to R-3 zoning, the applicant was then able to meet the density requirements of an R-3 zone and be consistent with the General Plan. Community Development Director Bob Nicholson commented if the City Council thinks a PD would be more appropriate, the applicant would possibly lose a unit or two. Mayor McArthur opened the public hearing. Judy Glidden presented a petition from neighbors opposing the zone change and advised that when she was originally contacted by the applicant she was told the zone change would be for one duplex, not three. If the City Council grants a zone change to R-3, the applicant can change his plan and construct something else on the property. She advised that the area already has problems because of adjacent apartment complexes and the density. Doug Glidden advised he lived adjacent to the site and was concerned about water drainage. He also expressed concern that the applicant would construct two story units and block views. Kim Allen advised the zone change would hurt property values in the area and the police visit the adjacent apartment buildings more than frequently. She expressed concern about repercussions to neighboring homes and children who are harassed by questionable people. She expressed concern that if R-3 zoning is granted, the applicant may change his mind and construct an apartment building. Sheldon Leavitt advised that preliminary drawings are for one story units, and the plan has always been to construct multiple duplex units. The units will have garages and will be fairly attractive. Storm drains will be installed in the back, and toward the east there is a large storm drain which can be tied into. One of the units will be 1400-1500 sq. ft., with the others averaging about 1200 sq. ft. Council Member Isom stated she felt the zoning should be PD. Council Member Gardner inquired of the neighbors if their concerns would be alleviated with PD zoning instead of R-3. Mrs. Glidden replied that she would like to look at the plans before the units were built because the project would affect property values. There being no further public comment, Mayor McArthur closed the public hearing. Council Member Whatcott informed the neighbors that PD zoning requires a public hearing at which time the plans would be available for inspection. Council Member Gardner commented the plan was attractive and seemed to be an efficient use of the property. If the density is changed, the plan will not work. Community Development Director Bob Nicholson commented a PD zone limits density up to nine units per acre, and a PD plan would have to be looked at to determine if units would be lost. The owner of the single family home may want St. George City Council Minutes July 19, 2001 Page Ten the home excluded from the project, and this square footage would then have to be subtracted from the project. Council Member Allen expressed hesitancy to change the zone to R-3 and stated she would prefer PD zoning. Mr. Nicholson advised there was presently PD zoning on two side of the property in question. Council Member Whatcott commented that while he trusted Mr. Leavitt to build three duplexes on the property as planned, he agreed that a PD was the way to go. Mike Cannon, representing the owner of the property, advised the owner wants the single family home kept apart and separate as an individual unit. He wondered if the property in question were zoned PD, could the property to the west be used as a PD. Council Member Gardner replied that the westerly lot could qualify on its own as a PD as the PD on the east is exactly the same dimension. Mr. Nicholson commented he thought the plan would work, even if the home were removed from the plan. Council Member Gardner commented if there were a way to make it work, it should be done. A motion was made by Council Member Isom to deny the request and suggested the request be resubmitted as PD zoning and the fees waived. The motion was seconded by Council Member Allen. Mr. Nicholson indicated the next available Planning Commission meeting was August 14, and the request could then be heard by the City Council on September 13. Mayor McArthur called for a roll call vote, as follows: Council Member Isom - aye Council Member Allen - aye Council Member Gardner - aye Council Member Orton - aye Council Member Whatcott - aye The vote was unanimous and the motion carried. The request was denied. PUBLIC HEARING/ORDINANCE TO AMEND ZONING ORDINANCE: Public hearing to consider an amendment to the Zoning Ordinance, special provisions of Chapter 19, Commercial Zones, regarding automobile sales and services. Community Development Director Bob Nicholson advised his office has received many complaints and comments about the proliferation of car lots on every block in the City. In fact, many conversions of small parcels are being made to car lots. Staff looked at options and recommended to the Planning Commission that a minimum lot size of one acre be required for any new car lot application. This restriction would not be retroactive. Additionally, 100 feet of frontage on a public street would be required, and only certain arterial streets have been designated for location of car lots: Bluff Street, Convention Center Drive, Highland Drive, Hilton Drive, and Sunland Drive. The Planning Commission recommended the minimum lot size for a car lot be increased to one and one-half acres. St. George City Council Minutes July 19, 2001 Page Eleven City Attorney Jonathan Wright suggested the language in the proposed ordinance be clarified to restrict car lots to the streets specified, not all arterial streets. Council Member Whatcott inquired why St. George Blvd. was not included in the list of approved streets, as it currently has many car lots. Mr. Nicholson replied the ordinance would prohibit additional car lots and not affect the ones currently in place. Council Member Gardner inquired why it is being suggested that car lots be limited, and if they were being negatively viewed. Mr. Nicholson replied that they were negatively viewed, particularly on small lots. Council Member Gardner commented if the City becomes too restrictive, this may cause property to remain vacant, and he would rather see a car lot than an empty lot or business. He commented if the intent was to have car lots more evenly distributed throughout the City, an area size would accomplish that rather than restricting them to certain streets. Council Member Orton commented that he too had concerns with the proposed amendment, and if St. George Blvd. is the best place to locate car lots, they should not be restricted there. He agreed with Council Member Gardner that he would prefer a used car lot over a vacant building, especially due to the recent trend of large boxes making it tougher for small businesses to survive. He commented he would hate to see a business that could survive on St. George Blvd. be forced to other areas of town. Council Member Orton stated that conditions could be placed upon car lots to beautify their site, but the City should not try to discourage business. He expressed concern that the City was trying to restrict the number of car lot businesses when it did not restrict the number of other businesses. Mr. Nicholson commented there is an aesthetic impact when a front lawn is removed in order to sell ten cars on the lot. Mayor McArthur commented the public is concerned about the proliferation of car lots. Council Member Whatcott stated that while he agreed with the intent of the ordinance, perhaps the 1.5 acre requirement is too restrictive, and suggested that half an acre be considered instead. He commented that none of the new, nice car lots currently existing would be able to qualify for the 1.5 acre proposed requirement. Mr. Nicholson advised that he was surprised the Planning Commission recommended 1.5 acres, but they felt there are too many small car lots and they negatively affect the City’s aesthetics. Mayor McArthur inquired if the Planning Commission recommendation was unanimous, and Mr. Nicholson advised him it was. Council Member Allen expressed concern that the proposed ordinance appeared to make it seem government was trying to regulate business, and that is not its job. City Manager Gary Esplin commented that government’s role is to try and direct growth, zoning and aesthetics. The City would not allow a restaurant to locate in its boundaries if it was not aesthetically pleasing and complied with the standards of the City’s ordinances. He stated he felt the City’s standards for car lots were not strict enough with regard to size, landscaping and density. St. George City Council Minutes July 19, 2001 Page Twelve Council Member Orton suggested regulating car lots by size, landscaping or setbacks. City Manager Gary Esplin commented another problem with car lots is parking and the flow of traffic. The City’s present parking requirements are not strict enough for car lots, but perhaps the industry would self-regulate through requirements for aesthetics and design. Council Member Orton commented if a car lot business could survive with only three cars on the lot and meet all other requirements, they should be encouraged to remain in business. Council Member Isom inquired if public restrooms were required in the car lot sales offices. City Manager Gary Esplin advised staff will come back with suggestions for requirements based not on acreage, but on aesthetics. He suggested the public hearing be continued until then. Mayor McArthur inquired if location would be considered, as a car lot would not be desirable across from the new School District Office, on or Main Street near the Tabernacle. Council Member Orton commented that the City does not tell other businesses where they can locate. City Attorney Jonathan Wright advised that one of the functions of the Zoning Ordinance is to regulate where certain types of businesses may locate. City Manager Gary Esplin suggested a new zone could be created - a variation of the C-3 zone to allow car sales. City Attorney Jonathan Wright advised it would not be illegal to specify which streets car dealers may locate upon. Council Member Allen stated she had no problem with specifying which streets car dealers could locate upon, but if the City is going to ask car dealers to upgrade their landscaping, every business should be required to. Associate Planner Mark Bradley advised that when managing space in a direct environment, many things must be looked at including the type of service and the need to have adequate width and exposure. At present many car dealers are parking their sale vehicles on landscaped areas and within the State right-of-way. Others may look nice but have minimum width and inadequate exposure. Mayor McArthur inquired of staff how long they would need to modify the proposal. Mr. Nicholson replied staff would need at least one month. Council Member Whatcott inquired of the City Attorney if the pending ordinance doctrine would be invoked. City Attorney Jonathan Wright replied that it would be. A motion was made by Council Member Allen and seconded by Council Member Whatcott to continue the public hearing until August 16. Mayor McArthur called for a vote, as follows: Council Member Allen - aye Council Member Whatcott - aye Council Member Orton - aye St. George City Council Minutes July 19, 2001 Page Thirteen Council Member Gardner - aye Council Member Isom - aye The vote was unanimous and the motion carried. Mayor McArthur called for a five minute break. BEER LICENSE: Consider approval of a beer license for Thrifty-Payless, Inc. at 615 E. St. George Blvd. City Manager Gary Esplin advised that when Rite-Aid changed hands, it was inadvertently dropped from the City’s beer license list and the license was never transferred. The applicant will pay all back license fees. A motion was made by Council Member Isom and seconded by Council Member Allen to approve the beer license. Mayor McArthur called for a vote, as follows: Council Member Isom - aye Council Member Allen - aye Council Member Gardner - aye Council Member Orton - aye Council Member Whatcott - aye The vote was unanimous and the motion carried. DRAFT MANAGEMENT PLAN FOR SAND HOLLOW RECREATION AREA: Presentation regarding the draft recreational management plan for the Sand Hollow/Sand Mountain Recreation Area by Gordon W. Topham, representing Utah State Parks and Recreation. Gordon Topham, representing Utah State Parks and Recreation, advised that several months ago he met with the Water Conservancy District about the possibility of a management agreement for the new Sand Hollow Reservoir, similar to that at Quail Creek. This began the process of the recreational plan. In November a stakeholders meeting was held and a planning committee formed which met once a month to put together the plan. A final draft public meeting was held a month ago, and it was decided to try and get the word out about the plan. Results from the meetings include a recommendation that fees be charged if the facility is run by State Parks and Recreation, and that there be rules and regulations. More day use areas were requested. The proposed park is unique in the United States as visitors can play in the water, boat, and ride OHVs through the dunes. 20,000 acres have been designated for this purpose by the BLM. There will also be hiking trails and equestrian riding trails. He then displayed maps of the area. He explained at low level the reservoir will be double Quail Creek’s capacity. Council Member Gardner expressed disappointment that designated trails within the HCP became restricted use trails, and inquired of Mr. Topham if traffic would be restricted to trails within the Sand Hollow plan. Mr. Topham replied that traffic would not be restricted to trails, but would be restricted by topography. He continued that in an era when many federal lands are being closed, this recreation area will be open and will be managed by three different agencies through a management agreement. Development of the plan will cost approximately $7,000,000. Operating cost of the facility will be $350,000 per year, and fees will be charged for use of all areas. Mayor McArthur expressed concern that once the facility is established, more restrictions on use will be made. Mr. Topham replied he did not anticipate that happening. He advised the dam will be completed this year, but it is not known how long it will take to fill the dam because of the aquifer. St. George City Council Minutes July 19, 2001 Page Fourteen CITY SKATE PARK: Consider approval of a name for the new City Skate Park. Council Member and Chairman of the Skate Park Naming Committee, Bob Whatcott, announced it was the unanimous decision of the committee to name the skate park "SK8 George." He then made a motion to name the skate park "SK8 George." The motion was seconded by Council Member Isom. Mayor McArthur called for a vote, as follows: Council Member Whatcott - aye Council Member Isom - aye Council Member Allen - aye Council Member Gardner - aye Council Member Orton - aye The vote was unanimous and the motion carried. Council Member Whatcott advised the dedication and a festival celebrating the opening of the skate park will be held Saturday, August 11 from 9:00 a.m. to 2:00 p.m. PARK AGREEMENT: Consider approval of an agreement for a park in The Springs area. Paul Jensen, applicant. Leisure Services Director Kent Perkins explained that Deputy City Attorney Ron Read has been working closely with Mr. Jensen’s attorney for several years to acquire this property which is the gateway to the pond area. Mr. Jensen will be donating the property under a separate agreement and quit-claiming his interest to all of the property along the river for the length of his property. In exchange, the City has agreed to a time line to build the park in the Springs area. The major focus of the site is the large pond. There is a water delivery system to bring water in from the field, and an adjacent large field is watered by the pond. The City has agreed with Mr. Jensen to convey water to him to water this field. Mr. Jensen would like to have the park named the "Springs Park" and place a plaque on the sign in memory of his deceased son. At one time Mr. Jensen also wanted to donate some equestrian trail property, but the City has decided not to take the trail at this time but reserve a right to obtain an easement at some point in the future. City Manager Gary Esplin advised that if the City Council desires, the agreement will be redrafted and placed on the next City Council agenda. He explained that buildable area of the property donated is 5-6 acres. He stated this park will be a neighborhood park, not a regional park as originally thought. PROPERTY TRADE: Consider approval of...

...l Member Bunker advised that tomorrow night is the opening of the National Park Exhibit at the City?s Art Museum. Roxanne Finnerty and Trina McCoy, Victim?s Advocates, distributed copies of evaluations received from clients and advised their three goals this year for their grant are: (1) to develop and present teen dating violence presentations to the high schools; (2) to develop a link to the existing St. George Police website; and (3) to continue to work with officers to make victims? experiences as easy as possible. FINANCIAL STATEMENT: Consider approval of the financial statement for April, 2008. City Manager Gary Esplin advised that revenues are down 3-4% from last year, but expenditures are down as well. There is one month left in the fiscal year and the City should come in under budget. MOTION: A motion was made by Council Member Pike to approve the financial statement. SECOND: The motion was seconded by Council Member Bunker. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. BID OPENING: Consider award of bid for USCO gang switches, disconnects and mounted insulators. Purchasing Manager Connie Hood advised this is a sole source purchase for the Green Valley Substation with Peterson Company, USCO Power Company?s representative, in the amount of $47,246. MOTION: A motion was made by Council Member Bunker to award the bid as recommended. SECOND: The motion was seconded by Council Member Pike. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. AWARD OF BID: Consider award of bid for Green Valley substation incoming structures. St. George City Council Minutes June 5, 2008 Page Two Purchasing Manager Connie Hood advised that four bids were received. The lowest overall bid was submitted by Sabre in the amount of $104,601 for this portion of the project. $150,000 was budgeted for the entire project and it is hoped what is left will cover the project estimate. MOTION: A motion was made by Council Member Shakespeare to award the bid as recommended. SECOND: The motion was seconded by Council Member Bunker. VOTE: Mayor McArthur called for a bid, and all voted aye. The motion carried. AWARD OF BID: Consider award of bid for S&E reclosers by-pass disconnect switch w/fuse doors. Purchasing Manager Connie Hood advised this is a sole source purchase through HD Supply in the amount of $30,765. MOTION: A motion was made by Council Member Bunker to award the bid as recommended. SECOND: The motion was seconded by Council Member Pike. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. AWARD OF BID: Consider award of bid for ABB reclosers, relays, test switches, current and voltage transformers for the Green Valley substation diesel plant. Purchasing Manager Connie Hood explained this is a sole source purchase with Codale Electric in an amount not to exceed $120,000 to cover parts as needed. MOTION: A motion was made by Council Member Shakespeare to award the bid as recommended. SECOND The motion was seconded by Council Member Almquist. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. AWARD OF BID: Consider award of bid for padmounted switchgear. Purchasing Manager Connie Hood advised that last year Codale was the low bidder. They sent the City a letter this year stating that if the City would reinstate the purchase order, they would keep the prices the same as last year. She recommended approval of a blanket order with Codale in an amount not to exceed$300,000. MOTION: A motion was made by Council Member Bunker to award the bid as recommended. SECOND: The motion was seconded by Council Member Shakespeare. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. CHANGE ORDER: Consider approval of a change order with Quality Development for the airport water line. Purchasing Manager Connie Hood advised that Quality Development is installing a water line from 3000 East to the new airport road. This change order is to extend the line the rest of the way to the new airport, in the amount of $258,310. MOTION: A motion was made by Council Member Shakespeare to approve the change order. SECOND: The motion was seconded by Council Member Pike. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. AWARD OF BID: Consider award of bid for HDPE pipe for the airport water line. Purchasing Manager Connie Hood advised that 6,000 ft. of pipe is needed for the new waterline to the airport in the amount of $160,950.18. MOTION: A motion was made by Council Member Pike to award the bid as recommended. St. George City Council Minutes June 5, 2008 Page Three SECOND: The motion was seconded by Council Member Bunker. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. City Manager Gary Esplin explained that grading and drainage work cannot be awarded without water to keep the dust down. The City is working with the adjacent property owner to share the cost of getting water to the site. CHANGE ORDER: Consider approval of a change order and final payment for the cost-sharing agreement with the Washington County Water Conservancy District for the Washington Fields (Little Valley) storm drain. Purchasing Manager Connie Hood advised the amount of the change order is $71,350.48. City Manager Gary Esplin explained that this change order is for final footage measurements and the City?s share of the project. This is a major drainage line in the old canal and has been piped. MOTION: A motion was made by Council Member Bunker to approve the change order. SECOND: The motion was seconded by Council Member Pike. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. APPROVAL OF CONTRACT: Consider approval of an engineering services contract with Jacobs Carter Burgess for traffic signal design at the Snow Canyon Parkway and Dixie Drive intersection. Purchasing Manager Connie Hood explained this contract was discussed and approved in November, but there were no firm engineering costs at that time. The amount of the contract is $12,553. MOTION: A motion was made by Council Member Shakespeare 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. APPROVAL OF AGREEMENT: Consider approval of a line extension agreement with Dixie Escalante for the Fields Phase 2 power service. Purchasing Manager Connie Hood advised the City already paid a deposit on the total amount of $31,594. The balance due is $29,099.69. MOTION: A motion was made by Council Member Pike to approve the agreement. SECOND: The motion was seconded by Council Member Almquist. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. APPROVAL OF CHANGE ORDER: Consider approval of a change order to the City Hall HVAC contract. Purchasing Manager Connie Hood explained that a change order is needed in order to comply with EPA standards, in the amount of $28,380. City Manager Gary Esplin commented that when the project was originally bid this work was not included. MOTION: A motion was made by Council Member Shakespeare to approve the change order. SECOND The motion was seconded by Council Member Pike. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. AWARD OF BID: Consider award of bid for Palmer 4/Prelude 4 perennial rye grass for the golf courses. Purchasing Manager Connie Hood advised the price of grass seed has gone up this by 6.33%. 77 tons is needed. She recommended award of the bid in the amount of $150,612. MOTION: A motion was made by Council Member Bunker to award the bid as recommended. St. George City Council Minutes June 5, 2008 Page Four SECOND: The motion was seconded by Council Member Pike. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. AWARD OF BID: Consider award of bid for various gage and lengths of shielded cable (copper) for the new Green Valley substation. Purchasing Manager Connie Hood explained the low bidder was Northern Power in the amount of $47,241. MOTION: A motion was made by Council Member Pike to award the bid as recommended. SECOND: The motion was seconded by Council Member Bunker. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. Energy Services Director Phil Solomon explained that power lines can be placed underground, but the Energy Services Department has a policy that any line that is 69,000 volts or above is placed overhead because of economics and lack of employee training. The cost to place lines underground is four times the cost of overhead lines. The only place where high voltage lines are buried are in large urban areas where the customer base is large enough to absorb the cost. If the City were to bury high voltage lines, both impact fees and rates would be a lot greater than they are now. In Las Vegas it cost over $1.5 million dollars to bury 1000 ft. of line to the Bellagio hotel. Mayor McArthur explained that the City?s purchasing policy states that any purchase over $25,000 must be approved by the City Council. Any purchase less than $25,000 can be done through the Purchasing Department. ORDINANCE: Consider approval of an ordinance amending Title 9, Section 13, St. George City Code, dealing with permanent and temporary signs for residential developments. Community Development Director Bob Nicholson distributed a handout entitled ?Promotion Signs for Residential Development? and reviewed the proposed changes. He then reviewed the ordinance changes contained in the Council agenda packet. One of the proposed changes is that developments with more than 10 units may have up to three ?for sale? signs with the total cumulative sign area not exceeding 120 sq. ft. Action flags would not be counted in these three signs. Council Member Pike inquired if there was a proposed time limitation for use of action flags. He suggested that an extension could be made on a yearly basis if not all of the lots had been sold. Mr. Nicholson suggested that a two year time limitation on action flags be imposed, with extension on a year to year basis after that. Council Member Almquist inquired about pennants. Mr. Nicholson replied that pennants are prohibited. Council Member Bunker inquired how the Southern Utah Homebuilders Association felt about the proposed ordinance. Mr. Nicholson replied it was the builders who were mainly concerned with the ordinance. The proposed changes allow more flexibility. Deputy City Attorney Paula Houston advised that a standard to be used as a guideline would have to be established for yearly extensions of action flags. Mayor McArthur suggested that perhaps the standard could be based on the number of lots sold, such as 50% of the lots sold after two years, Mr. Nicholson clarified that if at the end of two years 50% of the lots remained unsold, this would be grounds to extend use of the action flags. Deputy City Attorney Paula Houston recommended a definite ending time, such as a five year maximum. St. George City Council Minutes June 5, 2008 Page Five Mayor McArthur suggested a five year cut-off for use of action flags be used. Council Member Shakespeare inquired if any concern with the proposed ordinance changes from businesses had been expressed. Mr. Nicholson replied that the ordinance changes deal with promotional signs for real estate and residential development. Two years ago the ordinance went through a major update on commercial advertising signs, however, there still may be some issues with banners which have not been totally resolved. Council Member Pike suggested that the City had to start somewhere and see how the proposed changes work as they can always be changed as needed. Scott Leishman, Ence Development, advised that the Southern Utah Homebuilders Association is aware of the ordinance changes and is happy with what is taking place. He stated he had two concerns with the proposed ordina