Tonaquint Park is a very popular park with lots of shade.  The variety...

Tonaquint Cemetery

Take a peaceful walk in nature in the middle of an urban setting Tonaquint Nature Center is an oasis of nature in the heart of St. George. The ripple of Santa Clara river, the rustle of cattails and the screech of a red-tailed hawk are experiences to discover at St. George’s best kept secret. Located at 1851 South Dixie Drive, just west of South Gate Golf Course, Tonaquint Nature Center offers outdoor education programs, special events and summer nature camp programs.  Throughout the months of June and July, the Tonaquint Nature Center hosts an interactive nature day camp for ages 4+ to 5th grade. Each day of camp is filled with new adventures, exciting experiments and opportunities to experience nature at its finest.  Attention School Teachers, Scoutmasters, Naturalists, and Outdoor Educators:We encourage use of the Tonaquint Nature Center facility for any outdoor education activity or prog...

The St George Cremation Garden offers an alternative to traditional burial. The Cremation Garden is a carefully landscaped garden reserved for  the cremains of loved ones, and&nbs...

... be held Saturday, April 24, 2021   Join the Parks Division and the Tonaquint Nature Center staff for the annual Arbor Day Celebration at the R...

... easier for those in wheelchairs. The all-abilities park is located inside Tonaquint Park at 1851 S. Dixie Drive   Hours of Operation Facility...

Ho-Ho-Ho. The Tonaquint Nature Center is celebrating the holidays early with the Grinch. Kids and families are invited to join us for games, holiday crafts and treats and visit with the Grinch.Pricing InformationCrafts are $1 each, decorate-your-own cookies are 50 cents each, popcorn is 25 cents per bag. If you want to have a picture taken with the Grinch and have us print it out it is only $1.50. ... Frequently Asked QuestionsIs this event held outside? The Holiday Social is held inside the Tonaquint Nature Center ... Do you need to pre-register for the event? No. ...

Cemetery AccessBoth the City Cemetery and Tonaquint Cemetery are open during daylight hours. At Tonaquint Cemetery, the Dixie

...right Monument Rows   $150 additional $250 additional Fees for Tonaquint Cemetery Cremation Garden   Service Resident Non Resident...

...held Monday, March 29, 2021     Peter Cottontail is coming to Tonaquint Park on Monday, April 6.  The hunt is open for kids ages 2-8...

The St. George 911 Communications Center is the dispatch center for every police, fire and ambulance agency in the county as well as being the 911 center for the public. Thousands of 911 calls ar...

...busy holiday season and enjoy an evening of creativity with friends at the Tonaquint Nature Center. Our instructor will be helping you make a one-of-k...

... the TNC escape room and much more. The camp runs Monday-Wednesday at the Tonaquint Nature Center.   ***PROGRAM UPDATE*** CSI Camp is a GO fo...

... and learning more about what is around them. Camp participants receive a Tonaquint Nature Center t-shirt!     Camp is designed for 4-5 ...

... and learning more about what is around them. Camp participants receive a Tonaquint Nature Center t-shirt!   Camp is for 2nd-3rd Graders. &nb...

... and learning more about what is around them. Camp participants receive a Tonaquint Nature Center t-shirt!  Camp is designed for K-1st gra...

...; or 11th thru August 6th & or 11th (5 Weeks)   Location:  Tonaquint Tennis Complex / 1851 S. Dixie Drive Description: The Munchkin l...

... 8 youth only.   Children, ages 3-6, will explore and learn at the Tonaquint Nature Center during Curiosity Club for Kids! Each session featur...

...h play, regular singles or doubles. Time: 5:30pm to 7:00pm Location:  Tonaquint Tennis Facility / 1851 South Dixie Drive     ...

...onsider approval of an amendment to the City's General Plan to include the Tonaquint Area Land Use Plan which covers approximately 1,800 acres of unin...

...rn Utah by visiting and participating in Junior Ranger Family Night at the Tonaquint Nature Center. Participating agencies (BLM, Sand Hollow State Park, Grand Canyon- Parashant National Monument, etc.) will have fun and interesting stations for families to learn from or participate in a quick activity. KIDS--Visit at least 4 stations, complete an activity, get your "passport" marked off and you earn a hot dog, bag of chips and a bottle of water! Adults---the hot dog snack combo is only $4 per person.    2019 Partnering Agencies/Organizations-Get outdoors as a family and explore! STG Bicycle Collective Conserve SW Utah  Tonaquint Nature Center  Red Cliffs Desert Reserve US Forest Service...

... and learning more about what is around them. Camp participants receive a Tonaquint Nature Center t-shirt!   Camp is designed for 4th-5th grad...

...p;     Consider award of bid to ASH Excavating for the Tonaquint Cemetery expansion.   BACKGROUND and RECOMMENDATION: ...

...S A. Public hearing to consider approval of an amended final plat for Tonaquint Terrace Phase #2, 2nd Amended and Extended. B. Public hearing...

...r approval to pay for impact fees in 12 equal payments with utility bill. Tonaquint Data Center, applicant. E. Appointments to boards and commissi...

...ordered by heavy traffic corridors along Dixie Drive, 600 West Street, and Tonaquint Drive.  A portion of the property is already designated as commercial on the General Plan.  The Planning Commission recommends approval.   6.        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.   BACKGROUND AND RECOMMENDATION:  The proposed land use designation on the property is Medium Density Residential (MDR) which supports single family and multifamily residential zones.  Zoning designations consistent with MDR include R-1-7, R-1-6, R-2, R-3, R-4, and Planned Development Residential (PD-R). A MDR land use designation could accommodate approximately 75 to 135 units.  The Planning Commission recommends approval.   7.        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.   BACKGROUND AND RECOMMENDATION:   The Tonaquint Area Land Use Plan, which was approved by City Council on Decembe...

...nter Area Erosion Protection Project. B. Consider award of bid for the Tonaquint Cemetery road extension. C. Consider approval of the O&M serv...

... consultation.  This community park is located at the intersection of Tonaquint Drive and Curly Hollow Drive.  Staff recommends approval in ...

...rt for April 2014. 2. BID OPENINGS A. Consider award of bid for the Tonaquint Nature Center expansion grading. B. Consider award of bid fo...

...es, applicant B. Consider approval of a fee waiver request for the use of Tonaquint Park for the Support Your Local Grandparents 3K event. LuAnn Lun...

... b.    Consider award of bid to Feller Enterprises for the Tonaquint Sewer Project.   BACKGROUND and RECOMMENDATION:  This project will increase the size of the sewer line near the Southgate Golf Clubhouse and replace the 8" line with a 12" main and move it out of the golf course and into Tonaquint Drive.  This was a formal bid and two (2) bids were received...

...rge Recreation Center. 2. Update and discussion on cremation gardens at Tonaquint Cemetery. 3. Discussion on SunTran advertising. 4....

...roximately 17.77 acres for a future residential subdivision to be known as Tonaquint Ridge.   BACKGROUND and RECOMMENDATION:  The applican...

...roximately 17.77 acres for a future residential subdivision to be known as Tonaquint Ridge.   BACKGROUND and RECOMMENDATION:  The applican...

...l) to MDR (Medium Density Residential) on 20.43 acres generally located on Tonaquint Drive. Bush & Gudgell, Inc, applicant. D. Public hearing to consider amending the General Plan from LDR (Low Density Residential) to COM (Commercial) on 10.43 acres generally located at the intersection of Sugar Leo Road and Pioneer Road. Denis Lyman, applicant. 4. ORDINANCES A. Consider approval of an ordinance rezoning approximately 0.176 acres from PDR (Planned Development Residential) to RE-12 (Residential Estate 12,500 sq. ft. minimum lot size) on property located on the south side of Colorado Drive and generally between 2050 East and Colorado Circle. B. Consider approval of an ordinance amending the Gordon Palmer/Southgate area Planned Development to create a master sign plan. C. Consider approval of an ordinance amending the General Plan from LDR (Low Density Residential) to MDR (Medium Density Residential) on 20.43 acres generally located on Tonaquint Drive. D. Consider approval of an ordinance amending the Gene...

...ter. C. Consider approval of a resolution adopting a fee schedule for the Tonaquint Cemetery Cremation Garden. D. Consider approval of a resolution amending the Fiscal Year 2014-15 Budget. E. Consider approval of a resolution adopting the Fiscal Year 2015-16 Budget. 6. STAFF REPORTS A. Consider approval of a request to expand the St. George Art and Studio Tour. Bobbi Wan-Kier, applicant. B. Report from the Planning Commission meeting held on June 9, 2015. C. Consider approval of a request to delay public roadway and utility improvements for the construction of a dwelling unit. Jeff Barlow, applicant. D. Consider approval of a franchise agreement with Tonaquint Networks for the provision of fiber services in the City. E. Con...

...xchange and donation agreement with Quality Excavation for property in the Tonaquint area. Q. Appointments to boards and commissions of the City. R....

... Phase II Subdivision, with Quality Excavation for property located in the Tonaquint Valley area. G. Take public comment on the sale of approximately...

... to R-1-10 (Single Family Residential 10,000 sq. ft. minimum lot size) for Tonaquint Ridge on 17.77 acres located at approximately 1700 Curly Hollow Drive extension.   BACKGROUND and RECOMMENDATION:  This is a request to consider a zone change from M&G (Mining & Grazing) to R-1-10 (Single Family Residential 10,000 sq. ft. minimum lot size); the area is located in the Tonaquint Land Use Plan.  The Planning Commission recommended approval...

..., St. George, Utah. 1. Tour the RAM Manufacturing Company. Travel to Tonaquint Cemetery, 1777 South Dixie Drive, St. George, Utah. 2. Tour the Cremation Garden at Tonaquint Cemetery. Return to City Hall, Administrative Conference Room ...

...ce)(Team Orange is invitation only.) Ages:  6 to 10.5 Location:  Tonaquint Tennis Center / 1851 S. Dixie Drive NEW! Location Available: Hidden Valley Park / 3505 South Barcelona Drive   Fall 2020 Schedule Session I: August 25th & or 27th thru October 1st (6 Weeks)  - End of Session Tournament (All Players): Thursday, October 1st / Time:4:30-6:00 pm Session II: October 13th & or 22nd thru November 19th (6 Weeks) No Tennis October 15th (Fall Break) - End of Session Tournament (All Players): Thursday, November 19th  / Time:4:30-6:00 pm End of Session Tournament Description: On the last Thursday of each 10 n Under session we will be holding a tournament.  The tournament will be timed matches, round robin, or double elimination.Team Orange players (Advance) are required to serve.  We believe that playing tournaments is what makes tennis fun, it allows the players to use what they were taught during the six weeks. The end of session tennis tournament will allow your kids to show off their skills..   NoTennis Clinic Dates: October 15th - Fall Break   Description: Orange ball clinic will be played on a 60’ court and 50% compression orange balls to help players improve their tennis game.  Tennis rackets and court size are scaled down to the size of the youth players, allowing them to use proper technique.  Orange Ball clinic stays within the parameters of the USTA 10 n Under national program.  Level Descriptions: 4:30pm to 5:30pm / Level 1  -  For beginner players with little or no tennis experience.  Players in level 1 will learn the forehand and backhand groundstroke, parts of the court, court etiquette and scoring.   See class syllabus on back.  4:30pm to 5:30pm / Level 2 -  Players with some tennis experience who can demonstrate proper strokes at times.   Players will continue to development forehand and backhand groundstrokes putting them on course for Team Orange.  4:30pm to 6:00pm / Advanced / Team Orange  -  Players who have achieved a level of ability that can handle full speed and court of Orange Balls and 60’ court.  Players will continue to work on their forehand and backhand groundstrokes.  Players will be introduced to the serve, volley and match play.     Players are on course for Jr. Development Green Dot Balls. Team Orange is invitation only.  Time is from 4:30pm to 6:00pm allowing for match play,) Level 1 & Level 2 Syllabus: Week 1 & 2: Forehand Groundstroke, parts of the court, games Week 3 & 4: Backhand Groundstroke, court etiquette, games Week 5 & 6: Review of Forehand & Backhand ground strokes, introduction to scoring, and match play training.  Team Orange Syllabus: Week 1 & 2:  Forehand & backhand groundstrokes, intro to serving Week 3 & 4:  Intro to Volleys, continue practicing groundstrokes and serves Week 5 & 6: Singles strategy, consistency with groundstrokes, lots of serving. End of Session Tournament will play on last Thursday of each session. Pricing Information 10 n Under Tennis Packages and Pricing Beginner & Intermediate (4:30pm to 5:30pm) (Both Locations) Package A:  $60 / person / Clinic once a week + End of Session Tournament (Add 6 half hour private lessons for $125) Package B: $80 /person / Clinic twice a week +End of Session Tournament (Add 6 half hour private lessons for $125) Advanced (4:30pm to 6:00pm) (Tonaquint Only) Package A:  $70 / person / Clinic once a week + End of...

...llins, & Associates for the engineering services for the design of the Tonaquint Drive Sewer Project.   BACKGROUND and RECOMMENDATION:  A section of the wastewater collections system in the Tonaquint / Southgate area is at capacity and in need of up-sizing and repl...

...l) to MDR (Medium Density Residential) on 20.43 acres generally located on Tonaquint Drive. Bush & Gudgell, Inc, applicant. D. Public hearing to consider amending the General Plan from LDR (Low Density Residential) to COM (Commercial) on 10.43 acres generally located at the intersection of Sugar Leo Road and Pioneer Road. Denis Lyman, applicant. 4. ORDINANCES A. Consider approval of an ordinance rezoning approximately 0.176 acres from PDR (Planned Development Residential) to RE-12 (Residential Estate 12,500 sq. ft. minimum lot size) on property located on the south side of Colorado Drive and generally between 2050 East and Colorado Circle. B. Consider approval of an ordinance amending the Gordon Palmer/Southgate area Planned Development to create a master sign plan. C. Consider approval of an ordinance amending the General Plan from LDR (Low Density Residential) to MDR (Medium Density Residential) on 20.43 acres generally located on Tonaquint Drive. D. Consider approval of an ordinance amending the General...

...se 1. a 24-unit residential subdivision located at the Southwest corner of Tonaquint Drive and Curly Hollow Drive; zoning is R-3 (Multiple-Family Resi...

...      Consider approval of a preliminary plat for Tonaquint Ridge Phase 1-3.   BACKGROUND and RECOMMENDATION:  This preliminary plat is for a 47-lot residential subdivision located west on Curly Hollow beyond Rock Park Drive (Tonaquint Cove Phase 1); zoning is R-1-10 (Single-Family Residential 8,000 ...

...sign roundabouts for the intersections of 400 East Tabernacle and 600 West Tonaquint Drive. E. Appointments to boards and commissions of the City....

...sp;   Consider approval of an amended final plat subdivision for Tonaquint Heights Phase 1 Amended.   BACKGROUND and RECOMMENDATION:  This request is to consider an amended final subdivision plat for Tonaquint Heights Phase 1 Amended located at Chandler Drive and approximately 1100 West.  The purpose of this amended final subdivision plat is to adjust the internal lot restriction and increase the buildable area within each lot located within this plat; zoning is R-1-40.   The amended final plat will be considered by the Planning Commission on August 13, 2019.   20.        Consider approval of an amended final plat subdivision for Tonaquint Heights Phase 2 Amended.   BACKGROUND and RECOMMENDATION:  This request is to consider an amended final subdivision plat for Tonaquint Heights Phase 2 Amended located at Chandler Drive and 1170 West Street.  The purpose of this amended final subdivision plat is to adjust the internal lot restriction and increase the buildable area within each lot located within this plat; zoning is R-1-40.  The amended final plat will be considered by the Planning Commission on August 13, 2019.   21.        Consider approval of an amended final plat subdivision for Tonaquint Heights Phase 3 Amended.   BACKGROUND and RECOMMENDATION:  This request is to consider an amended final subdivision plat for Tonaquint Heights Phase 3 Amended located at Chandler Drive and approximate...

...hase 1.846 acres from Kay H. Traveller Investments for an extension of the Tonaquint Cemetery. B. Consider approval of a purchase contract with Deser...

... at Bloomington Park. 4. Presentation on concept of Cremation Garden at Tonaquint Cemetery. 5. Presentation of the final concept plan f...

...ried. Consider approval of a resolution adopting a fee schedule for the Tonaquint Cemetery Cremation Garden. Administrative Services Director Brklacich stated the facility is scheduled to open on July first. There is a new fee schedule to clarify that the fees are for space and not ownership of property. The amounts are the same, the terminology has changed. Cody Schmitt explained it’s the space not for the tablet or accessories and the right to be buried in that space but not ownership of the land associated with the space. There was discussion regarding if there is a standard for the tablet. The master plan for the cremation garden and the work that is almost done on Phase 1 was discussed as was the possibility of holding an open house when it opens. There was discussion regarding the increase in the number of cremation requests. The relocation of the ossuary in the master plan was discussed. Some of the terms in the fee schedule were defined. An ossuary is a containment vault where cremation remains are deposited together and a tablet engraved with names identifying whose remains are in the ossuary. A tree estate is a location by a tree where perhaps a whole group of family members can be placed. Benches are core drilled and the urn goes in the bench. St. George City Council Minutes June 18, 2015 Page Fifteen Mayor Pike called for a motion. MOTION: A motion was made by Councilmember Arial approve the fee schedule for the Tonaquint Cemetery Cremation center. SECOND: The motion was seconded by Councilmember Randall. VOTE: Mayor Pike called for a roll call vote as follows: Councilmember Almquist, aye Councilmember Randall, aye Councilmember Bowcutt, aye Councilmember Arial, aye Councilmember Hughes aye The vote was unanimous and the motion carried. Consider approval of a resolution adopting the first amended interlocal cooperation agreement between Washington County, other municipalities and the City of St. George regarding the distribution of RAP tax revenue. Administrative Services Director Brklacich explained this item is a clarification that the cities do not have to follow the County advisory committee. She explained 15% of the RAP taxes is allocated to be used across the county; the cities get 85%. This resolution states the 85% will be used per the council directive not the county’s advisory committee. Mayor Pike called for a motion. MOTION: A motion was made by Councilmember Arial to approve adopting the first amended interlocal cooperation agreement between Washington County, other municipalities and the City of St. George regarding the distribution of RAP tax revenue. SECOND: The motion was seconded by Councilmember Almquist. Councilmember Bowcutt requested an explanation of the advisory board. City Attorney Guzman stated that by state law the county is required to have an advisory board to determine how the RAP tax revenue is to be used. However, cities are not required to have an advisory board. This action clarifies the board will only be making decisions for the 15% of the county portion of the RAP tax. There was discussion regarding the decisions that will be made by the county advisory board versus those made by individual city councils. VOTE: Mayor Pike called for a roll call vote as follows: St. George City Council Minutes June 18, 2015 Page Sixteen Councilmember Almquist, aye Councilmember Randall, aye Councilmember Bowcutt, aye Councilmember Arial, aye Councilmember Hughes, aye The vote was unanimous and the motion carried. STAFF REPORTS: Consider approval of a request to expand the St. George Art and Studio Tour. This item was tabled. REPORT FROM THE PLANNING COMMISSION Wes Jenkins reviewed the items requested for public hearings and requested to set public hearings for July 9, 2015 as follows: • Consider a zone change amendment request to construct a two story 90 unity town home in-fill project consisting of 16 buildings with amenities on approximately 7.89 acres of property in the PD-R zone. • Consider a zone change request on approximately 13.36 acres for RE-20 to R-1-12 to accommodate future residential development. Mayor Pike called for a motion. MOTION: A motion was made by Councilmember Randall to set public hearings for the two items requested on July 9, 2015. SECOND: The motion was seconded by Councilmember Arial. VOTE: Mayor Pike called for a roll call vote as follows: Councilmember Almquist, aye Councilmember Randall, aye Councilmember Bowcutt, aye Councilmember Arial, aye Councilmember Hughes, aye The vote was unanimous and the motion carried. PRELIMINARY PLATS Consider approval of a preliminary plat for a 91 lot residential subdivision for Desert Crest. St. George City Council Minutes June 18, 2015 Page Seventeen Wes Jenkins reviewed the plat, the density, the required landscape strip and the trail that will be in the area. Mayor Pike called for a motion. MOTION: A motion was made by Councilmember Hughes to approve a preliminary plat for a 91 lot residential subdivision for Desert Crest. SECOND: The motion was seconded by Councilmember Randall. VOTE: Mayor Pike called for a roll call vote as follows: Councilmember Almquist, aye Councilmember Randall, aye Councilmember Bowcutt, aye Councilmember Arial, aye Councilmember Hughes, aye The vote was unanimous and the motion carried. Consider approval of a preliminary plat for a 76 lot residential subdivision for Red Wood Estates. Wes Jenkins detailed the property, density and location. He indicated the applicant is requesting lot size averaging so that 12 lots will be smaller than 8,000 square feet but the development won’t exceed the allowed density. Mayor Pike called for a motion. MOTION: A motion was made by Councilmember Randall to approve the preliminary plat for a 76 lot residential subdivision for Red Wood Estates. SECOND: The motion was seconded by Councilmember Bowcutt. Councilmember Bowcutt commented that it says preliminary plat is for the Arbors. Wes Jenkins indicated this is specific to Red Wood Avenue. Councilmember Almquist asked about the density. Wes Jenkins indicated the density is 3.7 dwelling units per acre. VOTE: Mayor Pike called for a vote as follows: Councilmember Almquist, aye Councilmember Randall, aye Councilmember Bowcutt, aye St. George City Council Minutes June 18, 2015 Page Eighteen Councilmember Arial, aye Councilmember Hughes, aye The vote was unanimous and the motion carried. FINAL PLATS Consider approval of a Roadway Dedication Final Plat for Canyon View Drive St. George. Wes Jenkins reviewed the location, zone and said that staff and legal reviewed the final plat and determined it meets the conditions of the preliminary plat. City Attorney Guzman indicated staff has been working with owners of property for about a year to accommodate traffic in the area. Councilmember Bowcutt asked if Canyon View Drive will be restriped. He expressed concern regarding making a left hand turn up the hill and on the on the curve in the road. He asked if there is there enough room to construct a turning lane. City Attorney Guzman commented that it will be reconfigured and there should be enough room to make the turn. There was discussion about traffic flow and left turn ability. In the future Canyon View Drive will be widened. Mayor Pike called a motion. MOTION: A motion was made by Councilmember Arial to approve the roadway dedication final plat for Canyon View Drive St. George. SECOND: The motion was seconded by Councilmember Bowcutt. VOTE: Mayor Pike called for a vote as follows: Councilmember Almquist, aye Councilmember Randall, aye Councilmember Bowcutt, aye Councilmember Arial, aye Councilmember Hughes, aye The vote was unanimous and the motion carried. Consider approval of a 16 lot residential final plat for Desert Rim Phase 1. Wes Jenkins reviewed the zone, location and the request meets conditions of preliminary plat as reviewed by staff. He reviewed the ten foot wide landscape and that the developer will pay the maintenance costs of the strip for a ten year period. At the end of the ten years, the City will take over ownership and maintenance. St. George City Council Minutes June 18, 2015 Page Nineteen Mayor Pike called for a motion. MOTION: A motion was made by Councilmember Almquist to approve the 16 lot final plat for Desert Rim Phase 1. SECOND: The motion was seconded by Councilmember Randall. VOTE: Mayor Pike called for a vote as follows: Councilmember Almquist, aye Councilmember Randall, aye Councilmember Bowcutt, aye Councilmember Arial, aye Councilmember Hughes, aye The vote was unanimous and the motion carried. Consider approval of a 1 lot residential condominium subdivision final plat for Estancia Phase 1. This item was tabled. Consider approval of an amended 8 lot residential subdivision final plat for Stone Cliff Phase 13. Wes Jenkins said all aspects of final plat were reviewed by staff and it meets all conditions of the preliminary plat. He reviewed the amendments to the plat. He reviewed the ridge line set back. Mayor Pike called for a motion. MOTION: A motion was made by Councilmember Bowcutt to approve the amended 8 lot residential subdivision final plat for Stone Cliff Phase 13. SECOND: The motion was seconded by Councilmember Arial. VOTE: Mayor Pike called for a vote as follows: Councilmember Almquist, aye Councilmember Randall, aye Councilmember Bowcutt, aye Councilmember Arial, aye Councilmember Hughes, aye The vote was unanimous and the motion carried. St. George City Council Minutes June 18, 2015 Page Twenty LOTLINE ADJUSTMENT Consider approval of a lot line adjustment for Central Storage. The property is zoned C-3 and is located at 955 North 1300 West Street. Wes Jenkins reviewed the location and zone. The lot line adjustment will put all storage units of one size into one lot. The request meets all requirements. Mayor Pike called for a motion. MOTION: A motion was made by Councilmember Arial to approve the lot line adjustment for Central Storage located at 955 North 1300 West Street. SECOND: The motion was seconded by Councilmember Randall. VOTE: Mayor Pike called for a vote as follows: Councilmember Almquist, aye Councilmember Randall, aye Councilmember Bowcutt, aye Councilmember Arial, aye Councilmember Hughes, aye The vote was unanimous and the motion carried. VACATE CITY PROPERTY Consider approval of City property to be vacated at approximately 2100 East Colorado Drive. Wes Jenkins reviewed the location and zone. Councilmember Bowcutt left at 7:32 pm. Wes Jenkins reviewed the map and the area that is requesting to be merged into one lot. He explained City Manager Esplin felt that there should be compensation to the City in monetary form. He suggested the motion make it subject to compensation to the City. City Attorney Guzman explained that since the property is not going back to the person who dedicated it to the City, it would not be appropriate to give it to a third party without the City receiving monetary compensation. Councilmember Bowcutt returned at 7:34 pm. City Attorney Guzman commented that the motion should include language that identifies the person who dedicated it in the first place is supportive of the action to vacate the property. St. George City Council Minutes June 18, 2015 Page Twenty-one There was discussion regarding this action and how it is different than other property that has been dedicated to or vacated by the City. It is different as this piece was dedicated to the City but not as a roadway. City Attorney Guzman explained the property is under City ownership and now someone is requesting to purchase it so now there needs a value assessed. Mayor Pike called for a motion. MOTION: A motion was made by Councilmember Almquist to approve vacating property located at approximately 2100 East Colorado Drive pending a decision on the monetary value. The group discussed the lot line adjustment and whether the motion should be subject to legal review. The Sullivan’s originally dedicated the property. Wes Jenkins explained how this item and the following lot split are connected. The applicant needs to vacate a piece of property and then do the lot split. Councilmember Almquist amended the motion to vacate the property subject to legal approval to get a purchase agreement. SECOND: The motion was seconded by Councilmember Arial. VOTE: Mayor Pike called for a vote as follows: Councilmember Almquist, aye Councilmember Randall, aye Councilmember Bowcutt, aye Councilmember Arial, aye Councilmember Hughes, aye The vote was unanimous and the motion carried. LOT SPLITS Consider approval of a lot split for 1032 North 2075 East Circle. Wes Jenkins explained this is the approval of the lot split for the property just discussed so it will have access on Colorado Drive. City Attorney Guzman suggested any motion be subject to the purchase agreement completion. Wes Jenkins said that in the Planning Commission discussion it was suggested the motion be subject both actions being completed in 30 days. The group discussed the zoning of the property. Mayor Pike called for a motion. St. George City Council Minutes June 18, 2015 Page Twenty-two MOTION: A motion was made by Councilmember Hughes to approve the lot split for 1032 North and 2075 East Circle subject to the purchase agreement being worked out with legal and done in 30 days. SECOND: The motion was seconded by Councilmember Almquist. VOTE: Mayor Pike called for a roll call vote as follows: Councilmember Almquist, aye Councilmember Randall, aye Councilmember Bowcutt, aye Councilmember Arial, aye Councilmember Hughes, aye The vote was unanimous and the motion carried. Consider of approval of a request to delay public roadway and utility improvements for the construction of a dwelling unit. Wes Jenkins noted the location on a map displayed on the screen. He discussed the previous lot split and the houses that have been built on the pieces of property. The applicant was allowed to delay improvements under the condition that the City can ask for the improvements to be done at any time. Mr. Jenkins explained subsequent lot splits and it’s now a subdivision. The applicant wants to build a house and delay the improvements due to the cost to build the road and bring utilities to the property. The applicant is requesting to build on the lot and to dedicate a portion of the road before the building permit is issued. The applicant would extend the water and install a fire hydrant. The delay request is with regard to road improvements and connection to the sewer. The applicant will put a dry sewer line in so that when the sewer is installed, the property can be connected to it. The conditions are that if the City determines the road needs to be done the applicant would have to pay to get it done. There was discussion regarding the lot splits, building permits and when the road would have to be done. With the dedication of the road, this lot falls below an acre, so staff doesn’t see that as too big of an issue. Mayor Pike called for a motion. MOTION: A motion was made by Councilmember Hughes to approve a request to delay public roadway and utility improvements for the construction of a dwelling unit. SECOND: The motion was seconded by Councilmember Bowcutt. VOTE: Mayor Pike called for a vote as follows: St. George City Council Minutes June 18, 2015 Page Twenty-three Councilmember Almquist, aye Councilmember Randall, aye Councilmember Bowcutt, aye Councilmember Arial, aye Councilmember Hughes, aye The vote was unanimous and the motion carried. STAFF REPORTS Consider approval of a franchise agreement with Tonaquint Networks for the provision of fiber services in the City. City Attorney Guzman explained the franchise agreement will allow Tonaquint Networks to put fiber in City rights of way. There is a 5% franchise tax on the company’s revenues as compensation for using the City right of ways. He explained the term “franchise” means that the City grants a right to be in the City right of way. It does not mean that the City controls the content or business practices of the company. The City does have the right to audit financials to determine that the franchise fee payments are correct. Matt Hamblin commented that he is excited to facilitate the technology in St. George. The company is based in St. George. There was discussion regarding the service territory for Tonaquint Networks, if it will cover the entire City. Fiber will be deployed in different areas, providing fiber access to homes. Mayor Pike called for a motion. MOTION: A motion was made by Councilmember Arial to approve a franchise agreement with Tonaquint Networks for the provision of fiber services in the City. SECO...

Don't forget to make a note on your family calendar for the Tonaquint Nature Center's Fall Festival & Pumpkin Alley. The annual eve...

...   Public hearing and consideration of an ordinance amending the Tonaquint Center in the PD-C (Planned Development Commercial) zone to develop a health club called Reach Higher located on 1600 South Street in the Tonaquint commercial center.   BACKGROUND and RECOMMENDATION:  It is proposed to create an athletic performance center designed for training which will focus on developing performance and strength to increase speed and endurance.  This is an approved use in the ‘Tonaquint PD Commercial Center and the City Council will be review the site...

... the Lights On Afterschool event will be held on Monday, October 28 at the Tonaquint Nature Center from 5:00-7:00pm We will be combining this e...

...ated at the southwest corner of the intersection at Curly Hollow Drive and Tonaquint Drive.   BACKGROUND and RECOMMENDATION:  The proposal...

...      Consider approval of a preliminary plat for Tonaquint Cove Phase 2-4.   BACKGROUND and RECOMMENDATION:  This preliminary plat is for Tonaquint Cove Phase 2-4, a 50-lot residential subdivision located south of Curly Hollow Drive and south of the existing Tonaquint Cove Phase 1; zoning is R-1-10 (Single-Family Residential 10,000 ...

...    Consider approval of an ordinance changing the zone for Tonaquint Cove Phase 2 from M-G (Mining and Grazing) to R-1-10 (Single-Fami...

...ignment agreement and property purchase is for the future expansion of the Tonaquint Cemetery as recommended by a 2019 Parks Division needs analysis.&...

... C. Consider award of bid to Progressive Contracting to build the 400 East Tonaquint and 400 East Tabernacle roundabouts. D. Consider approval of ...

...PORTS A. Consider approval of a request for a fee waiver for the use of Tonaquint Park. Christina Hopkinson, applicant. B. Consider approval of...

.... minimum lot size) on 2.0 acres and to OS (Open Space) on 23.21 acres for Tonaquint Cove Phase 2B; generally located at approximately 2150 South Rock...

...WAIVER: Consider approval of a special event permit fee waiver for use of Tonaquint Park for the Southern Utah Walk for MS. Christina Hopkinson, appl...

... Phase 5 on 5.92 acres located at the intersection of Mesa Palms Drive and Tonaquint Drive to allow the development of 52 residential units on the property. Kent Heideman, applicant. B. Public hearing to consider approval of a zone change from RE-20 to RE-12.5 on 10.02 acres located at approximately 2990 South Little Valley Road. Pine Park Estates, LLC., applicant. C. Public hearing to consider approval of an amendment to the Planned Development Zone for Sunbrook Ranch on 11.37 acres located at 415 South Dixie Drive to add RV storage to the list of permitted uses, and to revise the conceptual site development plan. Marv Blosch, applicant. D. Public hearing to consider approval of an amendment to the City Zoning Regulations, Title 10, Sections 10-10-5.K and 10-8-7.G to allow the City Council to waive the ground floor commercial requirement in mixed-use projects subject to certain conditions. E. Public hearing to consider approval of amendment to the City Zoning Regulations, Title 10, Section 10-18-3.C to modify the corner lot fence requirement to allow a six foot fence or wall to be built on the property line along the street side yard subject to certain standards. 4. ORDINANCES A. Consider approval of an ordinance amending the Planned Development Residential Zone for Mesa Palms Phase 5 on 5.92 acres located at the intersection of Mesa Palms Drive and Tonaquint Drive to allow the development of 52 residential units on the property. B. Consider approval of an ordinance changing the zone from RE-20 to RE-12.5 on 10.02 acres located at approximately 2990 South Little Valley Road. C. Consider approval of an ordinance amending the Planned Development Zone for Sunbrook Ranch on 11.37 acres located at 415 South Dixie Drive to add RV Storage to the list of permitted uses, and to revise the conceptual site development plan. D. Consider approval of an ordinance amending the City Zoning Regulations, Title 10, Sections 10-10-5.K and 10-8-7.G to allow the City Council to waive the ground floor commercial requirement in mixed-use projects subject to certain conditions. E. Consider approval of an ordinance amending the City Zoning Regulations, Title 10, Section 10-18-3.C to modify the corner lot fence requirement to allow a six foot fence or wall to be built on the property line along the street side yard subject to certain standards. 5. RESOLUTIONS - None scheduled. 6. STAFF REPORTS A. Consider approval of a request to extend the closing time of the Dixie State University Spring Break Concert. Luke Kerouac, applicant. B. Consider approval of a request to waive the special event permit fee for the President’s Day Fly In 2014. Darrel Jensen, applicant. C. Consider approval of a request to waive the special event permit fee and the fee for the use of Town Square for the KUED Super Reader Party. Joel Tucker, applicant. D. Consider approval of a request to waive the special event permit fee and the fee for the use of Tonaquint Park for the Utah Lions Foundation Walk with the Blind Challenge....

..., applicant. E. Consider approval of a wireless site lease agreement with Tonaquint Networks LLC. F. Consider approval of a renewal of a Fuel Facili...

...bsp;      Consider approval of the final plat for Tonaquint Cove Phase 1 Subdivision.   BACKGROUND AND RECOMMENDATION:  This request is to approve the final plat for Tonaquint Cove Phase 1 Subdivision, a 15-lot residential subdivision locate...

... b.    Consider award of bid to Feller Enterprises for the Tonaquint Sewer Project.   c.    Consider approval of...

...; City Manager Gary Esplin updated the Council on the community garden at Tonaquint.   Mayor Pike reminded the Council about the Bicycle Colle...

...hat the applicant is currently renting in the Green Valley mall area. The Tonaquint Business Park is made for this type of use. Mayor Pike opened...

...out the Wreaths Across America program.  Additionally, Mr. Field gave Tonaquint Cemetery staff a plaque thanking for their assistance with this p...

...nbsp; They are proposing a new section – Section 6, southwest of the Tonaquint area.  To obtain the land, they needed to obtain a grant fro...

... with the Learning Center For Families, explained that they are located on Tonaquint Drive. Many of their families do not have transportation. It i...

...p;     Consider award of bid to ASH Excavating for the Tonaquint Cemetery expansion.   c.     &nbs...

...llins, & Associates for the engineering services for the design of the Tonaquint Drive Sewer Project.   i.    Consider appro...

...ated at the southwest corner of the intersection at Curly Hollow Drive and Tonaquint Drive.   Planning & Zoning Manager John Willis present...

...ong with the concerns, 600 West could undergo a massive reconfiguration as Tonaquint develops.  He commented that he is concerned with the water ...

...ty of expanding the SunTran bus route to go from Walmart in Bloomington to Tonaquint Drive and the All Abilities Park.  She explained that there ...

...pen Space; and 3) A zone change on approximately 16.78 acres located along Tonaquint Drive north of the Southgate Golf Course from R-3 to PD-R for pha...

...se 1, a 24-unit residential subdivision located at the Southwest corner of Tonaquint Drive and Curly Hollow Drive; zoning is R-3 (Multiple-Family Resi...

...ated at the southwest corner of the intersection at Curly Hollow Drive and Tonaquint Drive.   Planning & Zoning Manager John Willis present...

...ed that RAP tax items include design for the mountain bike skills park and Tonaquint park design and land. A special projects fund has been created to...

...erty purchase and related title fees for additional property to expand the Tonaquint Cemetery; 11) To budget for final payments and funding for the co...

...s meeting held April 28, 2009, recommended approval of the final plats for Tonaquint Valley Phase 2 and Sun River Phase 29. City Manager Gary Esplin recommended that Item 6C, a development agreement with Sun River, be approved before the final plat for Sun River is approved. MOTION: A motion was made by Council Member Shakespeare to approve the final plat for Tonaquint Valley Phase 2. SECOND: The motion was seconded by Council Memb...

...ing 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...

...l Use Permit for a park maintenance facility to be located adjacent to the Tonaquint Cemetery. He explained this had been put on hold while staff negotiated to buy property in another location. He said it now looks as though the other property may not be available. Staff needs this approval to move ahead as much as possible while negotiations are ongoing. He showed the elevation and site plan and explained that the building would be set down a little bit with berms to camouflage the equipment around the building. Design has been halted until this matter is resolved. St. George City Council Minutes September 27, 2001 Page Seven Council Member Orton asked if there were any changes since the last work meeting when this project was discussed extensively. Mr. Esplin said there were no changes. Council Member Isom made a motion to approve a Conditional Use Permit for a park maintenance facility to be located adjacent to the Tonaquint Cemetery. Council Member Allen seconded and the motion passe...

...ized to a 36" line. Public Works: Mike Smith advised that half of Tonaquint Drive has been paved from Escalante Drive to 600 West. A lot of utility issues have held up the project, and the contractor is doing the best he can. He stated he hoped to pave the remainder in early November. Mayor McArthur advised that screening of the maintenance building was needed. City Manager Gary Esplin replied that a parking lot is going to be built and there are no funds in the current budget for screening. Mayor McArthur requested that Mr. Esplin take a look at screening the maintenance building. Public Works Director Larry Bulloch explained there are 30 projects in the budget this year: $43,000,000 for miscellaneous projects, $25,000,000 for the northern parkway, $70,000,000 for the split interchange at Bluff, $70,000,000 for the road from the I-15 to the airport, and $182,000,000 for the airport. UDOT is ready to award the contract for construction of the Southern Parkway and it should be complete by 2009 all the way to the airport. Soils drilling and the preliminary alignment has been established for the Mall Drive bridge. Snow Canyon Parkway earthwork is nearing completion and the weather will control paving. Landscaping is included and it will look like the rest of the Parkway. Brigham Road is 80% designed but there is an issue of trying to build the road within the existing fences. With regard to the Bryce Christensen entrance into Flying J, he stated he thought an alignment had been agreed to between the parties. Staff is trying to get Bryce to let the City acquire three acres in the habitat that Fish and Wildlife and the BLM want, and if the City can obtain it, everything will be able to move forward. Bryce has indicating a willingness to cooperate with earth work and right-of-way. A 1:1 trade has been agreed to for the Red Hills environmental assessment and by spring the environmental process should be complete and construction can begin in 2009. Milepost 6 is a State project and they will bid it in the spring to rebuild the interchange and widen Bluff Street, with construction complete in 2009. Staff is working hard to get a trail under Bluff Street. City Manager Gary Esplin advised that the City will have to make a decision whether to require UDOT to put the landscaping back in or put the tunnel in and do the landscaping later as the project will wipe out both landscaping panels. Mr. Bulloch commented that three traffic signals have been awarded and two more are being designed. Staff is also watching three other intersections. The signals should be under construction, but there is a shortage statewide of materials. St. George City Council Minutes October 11, 2007 Page Four City Manager Gary Esplin advised that he asked Mr. Bulloch to prioritize the projects over the next ten years. Mr. Bulloch advised that the next five traffic signals will be located at Foremaster Drive, two on Dixie Drive, one at Valley View, and one at Snow Canyon Parkway. There is also a plan to connect 400 East to the Fiesta Fun Center. A signal is also anticipated there. Mall Drive and Riverside Drive is a huge problem. Staff is monitoring a lot of intersections. The connection between the post office and the intersection with Riverside Drive is in the budget this year and is under design, but it will probably take the rest of the year to get it negotiated. There is only 200 feet missing for a connection between 400 and 500 East, and this property is owned by Klein Adams. Leisure Services: Leisure Services Director Kent Perkins advised that 5,263 runners started the marathon which is 300-400 more than last year. Next year the race will be expanded to 7000 runners. Special activities have been planned to celebrate the Leisure Services Department?s 25 year anniversary. Zion National Park selected the St. George Art Museum to host a national art show in 2009, and there is a grant to work with the Zionl Park and the Department of Interior to host the exhibit. The Art Festival will move to the new Town Square. The City is ready to go to bid on renovation of the third floor of the Arts Building. New projects include Historic District guidelines, Shadow Mountain Park splashpad, Middleton Park redo, the next phase of the Canyons Complex, the first building is up at Seegmiller Farm, a grant has been received for the South Bloomington/Sun River trail, and a connection from Cox Park to the new elementary school as well as building restrooms and installing a splash pad and swings. He advised that when the Temple Quarry Trail was built by the Scouts, the back side was built on private land. The trail has to be realigned and a trailhead will be built. Dedication will be November 9. The City received approval to put back two of three bridges on the Santa Clara River. Staff is also working on Cox Pond, Brooks Canyon, Forest Nature Park, Mathis Park rebuild, Virgin River 3 rebuild, Willow Run Park, a redesign of Crosby Park to accommodate future plans for the Dixie Center, redoing the back part of the Nature Center which was destroyed by the flood as well as Tonaquint Park, and Hidden Valley Park. All the landscaping around the Art ...

...eting held June 11, 2002, recommended approval of the preliminary plat for Tonaquint PD Commercial Center Phase II with four lots located on 1600 South off of Dixie Drive. The four lots within the subdivision are Lots 2, 3, 4 and 5 east of the new building along Dixie Drive which is Lot 1 in Phase I of the Tonaquint PD Commercial Center. Each of the proposed lots are less than ha...

...lood construction recovery project is also on the Santa Clara River in the Tonaquint/Southgate Golf Course area and consists of repairing the flood walls in that area. This agreement is for design and engineering construction management in the amount of $47,259. MOTION: A motion was made by Councilmember Bunker to approve the agreement. SECOND: The motion was seconded by Councilmember Nickle. VOTE: Mayor McArthur called for a vote, as follows: Councilmember Pike - aye Councilmember Almquist - aye Councilmember Bunker - aye Councilmember Nickle - aye The vote was unanimous and the motion carried. UPDATE ON FLOOD CONSTRUCTION PROJECTS: Budget and Financial Planning Manager Deanna Brklacich updated the City Council on the flood construction projects at the Millcreek Generation Facility and at the Blackrock area of the Sunbrook Golf Course. She then updated the City Council on repair to City trails damaged by the flood. She advised there are still 40 flood repair projects to complete by August 11, 2012, but there is the ability to request an extension. Brief discussions were held on sediment removal in the Bloomington channel and tamarisk removal. UPDATE ON ROAD CONSTRUCTION PROJECTS: Cameron Cutler presented an update on the Red Hills Parkway project from Bluff Street to 1000 East and then a video clip of blasting on the Parkway. He updated the City Council on the Dixie Drive reconstruction project from Mathis Bridge to Tonaquint Park. Mayor McArthur invited a Scout in the audience to intro...

...f a special event permit, special event fee waiver and to allow camping at Tonaquint Park for a mountain bike race on March 26, 2011 has been tabled from the agenda at the applicant’s request. CONSENT CALENDAR: Consider approval of private hangar leases at the Replacement Airport. City Manager Gary Esplin recommended approval of the following new leases at the airport, stating they were all standard leases: Chaney Aircraft, Amicorp Enterprises, St. George Hangar, Myron Porter and Antares Air. MOTION: A motion was made by Councilmember Almquist to approve the leases. SECOND: The motion was seconded by Councilmember Bunker. VOTE: Mayor McArthur called for a vote, as follows: Councilmember Pike - aye Councilmember Almquist - aye Councilmember Bunker - aye Councilmember Shakespeare - aye Councilmember Nickle - aye The vote was unanimous and the motion carried. BID OPENING: Consider award of bid for the hangar relocation project. Purchasing Manager Connie Hood advised that five bidders submitted sealed bids. She recommended award of the bid to the low bidder, AJ Construction, for Schedule B, in the amount of $184,331. Schedule B is for a pier system foundation. Mayor McArthur explained that a tenant had an unexpired lease at the old airport and the City agreed to move his hangar to the new airport. At the end of the lease term, the hangar will then belong to the City. City Manager Gary Esplin commented that the bid total includes a pier system to handle the soil conditions at the new location. MOTION: A motion was made by Councilmember Bunker to award the bid as recommended. SECOND: The motion was seconded by Councilmember Almquist. VOTE: Mayor McArthur called for a vote, as follows: Councilmember Pike - aye Councilmember Almquist - aye Councilmember Bunker - aye Councilmember Shakespeare - aye St. George City Council Minutes February 3, 2011 Page Two Councilmember Nickle - aye The vote was unanimous and the motion carried. AWARD OF BID: Consider award of bid for a 2011 truck chassis for the new Vacon sewer machine. Purchasing Manager Connie Hood recommended purchase of the chassis through the state contract with Rush Truck Center in the amount of $112,360. The truck is for the Wastewater Department. City Manager Gary Esplin explained that the City received a guaranteed “buy back” of the old vactor truck which expires this year. The City would like to take advantage of that offer and keep the old unit instead of trading it in for the guaranteed buy back of $133,000. The only problem is that there are no funds in this year’s budget. By approving this purchase the City Council will be committing these funds in next year’s budget. The good news is that other participants in the regional wastewater plant will help pay for the unit. MOTION: A motion was made by Councilmember Pike to purchase the truck as recommended. SECOND: The motion was seconded by Councilmember Almquist. VOTE: Mayor McArthur called for a vote, as follows: Councilmember Pike - aye Councilmember Almquist - aye Councilmember Bunker - aye Councilmember Shakespeare - aye Councilmember Nickle - aye The vote was unanimous and the motion carried. AWARD OF BID: Consider award of bid for a 2011 Vacon sewer combo machine. Purchasing Manager Connie Hood explained this machine will be installed on the truck chassis from Rush Truck Center. She recommended approval in the amount of $232,000 from Maric Sales. MOTION: A motion was made by Councilmember Shakespeare to award the bid as recommended. SECOND: The motion was seconded by Councilmember Nickle. VOTE: Mayor McArthur called for a vote, as follows: Councilmember Pike - aye Councilmember Almquist - aye Councilmember Bunker - aye Councilmember Shakespeare - aye Councilmember Nickle - aye The vote was unanimous and the motion carried. City Manager Gary Esplin explained that all sewer lines are cleaned at least once a year and this has saved the City significant dollars in sewer back-up claims. AWARD OF BID: Consider award of bid for two aerial devices. Purchasing Manager Connie Hood explained that these aerial devices will be installed on the trucks approved at the last City Council meeting. She recommended award of the bid to the low bidder, Terex, in the amount of $203,063 for the 50' and 75' aerial devices. MOTION: A motion was made by Councilmember Pike to award the bid as recommended. SECOND: The motion was seconded by Councilmember Almquist. VOTE: Mayor McArthur called for a vote, as follows: St. George City Council Minutes February 3, 2011 Page Three Councilmember Pike - aye Councilmember Almquist - aye Councilmember Bunker - aye Councilmember Shakespeare - aye Councilmember Nickle - aye The vote was unanimous and the motion carried. SPECIAL EVENT PERMIT: Consider approval of a special event permit, special event fee waiver, and allow camping at the Tonaquint Park for a mountain bike race on March 26, 2011. Cimarron Chacon,...

...N AGREEMENT WITH QUALITY EXCAVATION INC. FOR 4.14 ACRES OF PROPERTY IN THE TONAQUINT AREA: City Manager Gary Esplin explained that both of these properties will be used for open space. The City will have control over what is developed on the properties. Mayor McArthur expressed his appreciation to Quality Development LLC and Quality Excavation Inc. for their donation. He noted that the companies will have to determine the value of the property being donated. City Manager Gary Esplin suggested the approval be subject to review by the Legal Department to ensure the correct forms are being used. MOTION: A motion to approve the donation agreement with Quality Development LLC for 9.42 acres of property in the Bloomington Area as well as the donation agreement with Quality Excavation Inc. For 4.14 acres of property in the Tonaquint area was made by Councilmember Shakespeare subject to the Legal ...

... Deanna Brklacich explained the Gap Wash is located off Dixie Drive in the Tonaquint area. It is a dry wash but has the potential for run-off to come through by the Dixie ATC. Rosenberg Associates has a history of design and flood studies in that area, and she recommended approval of the contract with them in the amount of $53,804. Funding is from the drainage impact fund. This project is included in the capital facilities plan. Councilmember Almquist inquired about the stockpiling of boulders. Rick Rosenberg replied that some of the boulders are Kay Traveller’s, but a few are from a project upstream at Cottonwood Park where the gabian wall is going to be constructed. Councilmember Bunker inquired about flood repair work in Gunlock. Mr. Rosenberg replied that Gunlock will receive some NRCS funding, as will Santa Clara and Washington. Councilmember Nickle inquired if Rosenberg Associates was selected because they were the low bidder. Ms. Brklacich replied that professional services contracts are not bid out, but awarded based on the expertise of the firm. MOTION: A motion was made by Councilmember Hughes to approve the agreement. St. George City Council Minutes January 19, 2012 Page Three SECOND: The motion was seconded by Councilmember Almquist. VOTE: Mayor McArthur called for a vote, as follows: Councilmember Bunker - aye Councilmember Almquist - aye Councilmember Nickle - aye Councilmember Pike - aye Councilmember Hughes - aye The vote was unanimous and the motion carried. Mayor McArthur announced a City-wide CAT team meeting at the Dixie Center on January 31 to learn about identity theft, and invited the public to attend. STREET CLOSURE AND USE OF CITY PROPERTY: Consider approval of a street closure request and a request to use City property by the Dixie Center. Lance Gubler, applicant. Budget and Financial Planning Manager Deanna Brklacich advised the Boy Scouts would like to close a street by the Dixie Center for the Scout Expo on April 13-14, just like last year. Mayor McArthur clarified that the street being closed is the new one to the parking lot. Lance Gubler, applicant, explained the road is located behind the Dixie Center. The theme of this year’s Scout Expo is doing hard things. There will be a fireside and camp fire the night before. City Attorney Shawn Guzman suggested that the property may need to be graded and weeds removed. MOTION: A motion was made by Councilmember Bunker to approve the request. SECOND The motion was seconded by Councilmember Almquist. VOTE: Mayor McArthur called for a vote, as follows: Councilmember Bunker - aye Councilmember Almquist - aye Councilmember Nickle - aye Councilmember Pike - aye Councilmember Hughes - aye The vote was unanimous and the motion carried. SPECIAL EVENT PERMIT: Consider approval of a special event permit for four events at the Model Port. Remote Possibilities RC Club, applicant. Budget and Financial Planning Manager Deanna Brklacich explained the model port is located by the wastewater treatment plant and each year the applicant requests permission for the events held throughout the year. They are also requesting waiver of the special event permit fees. Darrell Jensen, applicant, requested approval to hold the following events: Presidents Day Fly-In, February 23-25; St. George IMAC, April 28-29; Dixie Jet Rally, May 3-5; and St. George War Birds, November 9-11. He explained that the average attendance at each event is at least 50 pilots with many spectators. MOTION: A motion was made by Councilmember Pike to approve the special event permits and waive the special event permit fees. SECOND: The motion was seconded by Councilmember Almquist. VOTE: Mayor McArthur called for a vote, as follows: Councilmember Bunker - aye Councilmember Almquist - aye Councilmember Nickle - aye Councilmember Pike - aye Councilmember Hughes - aye The vote was unanimous and the motion carried. St. George City Council Minutes January 19, 2012 Page Four BEER LICENSE: Consider approval of an off-premise beer license for the Sun River Golf Club. Darcy Stewart, applicant. Budget and Financial Planning Manager Deanna Brklacich explained there is an existing license at this location, but a new licensee. MOTION: A motion was made by Councilmember Nickle to approve the request. SECOND: The motion was seconded by Councilmember Almquist. VOTE: Mayor McArthur called for a vote, as follows: Councilmember Bunker - aye Councilmember Almquist - aye Councilmember Nickle - aye Councilmember Pike - aye Councilmember Hughes - aye The vote was unanimous and the motion carried. BEER LICENSE AND LOCAL CONSENT: Consider approval of a beer license and local consent for a restaurant liquor license for George’s at 2 W. St. George Blvd. Nicola Pace, applicant. Budget and Financial Planning Manager Deanna Brklacich explained the site, previously discussed in a work meeting, is located within 600' of a City park, however, variances have been granted in this same area. She recommended approval. City Attorney Shawn Guzman commented that the LDS Church agreed to permit a liquor license in the Main Street Plaza; this license, however, is not within 600' of the Tabernacle. He reminded that all the City is doing is giving its local consent for the applicant to apply to the State for the liquor license. Nicki Pace, applicant, advised the name of the restaurant will be George’s Corner Restaurant. She distributed preliminary menus. She commented that the downtown is the hub of St. George. The restaurant will be located on the corner of St. George Blvd. and Main Street where the Twiggs and Moore Art Gallery was located. The restaurant will have a historical motif. She advised they would like to create a spot similar to the Big Hand Café. She advised they are the current operators of the Painted Pony Restaurant and feel their reputation will carry them into this new venture. She anticipated the restaurant opening some time between April and June. MOTION: A motion was made by Councilmember Almquist to approve the beer license and local consent. SECOND: The motion was seconded by Councilmember Nickle. VOTE: Mayor McArthur called for a vote, as follows: Councilmember Bunker - aye Councilmember Almquist - aye Councilmember Nickle - aye Councilmember Pike - aye Councilmember Hughes - aye The vote was unanimous and the motion carried. City Attorney Shawn Guzman clarified that approval of the request included waiver of the distance requirement. FINAL PLAT: Todd Jacobsen presented the final plat for Desert Canyons Town Center Commercial Subdivision Phase 1, a two lot subdivision, zoned C-2. It is located on the north side of Exit 6 of the Southern Parkway and east of Desert Canyons Parkway. The corner protruding into the floodway will be designated as ‘no-build’. The Planning Commission recommends approval. MOTION: A motion was made by Councilmember Bunker to approve the final plat and authorize the Mayor to sign it. SECOND: The motion was seconded by Councilmember Pike. VOTE: Mayor McArthur called for a vote, as follows: Councilmember Bunker - aye Councilmember Almquist - aye Councilmember Nickle - aye St. George City Council Minutes January 19, 2012 Page Five Councilmember Pike - aye Councilmember Hughes - aye The vote was unanimous and the motion carried. BUILDING DESIGN AND CONCEPTUAL SITE PLAN: Consider approval of a request to construct a three story office building at 300 South 1470 East. Quality Development, applicant. City Planner Ray Snyder explained the site is located at approximately 300 South 1470 East in the Rim Rock Commercial Center Subdivision. Zoning is PD Commercial. He then presented renderings and elevations. The parking requirement is met. The building will be three stories with a roof height of 46' and a decorative tower to 55'6". The plan was well-received by the Planning Commission and fits well in the area. Councilmember Hughes explained that Deputy City Attorney Joseph Farnsworth had some concern about the height, but since it is located in a PD zone, approval of the height is part of the PD approval. City Attorney Shawn Guzman advised that a conditional use permit for the height is not needed as it is located in a PD zone. City Planner Ray Snyder advised the Planning Commission recommended approval subject to: 1. A 26,550 sq. ft. three story professional office building with 106 parking spaces on Lot 12 is recommended for approval to the City Council as presented on January 10, 2012 to the Planning Commission. 2. The architectural theme, colors, and materials shall be as presented on January 10, 2012. 3. All HVAC roof mounted equipment shall be screened from view. 4. The roof shall not be white but shall be a light earth tone color. 5. The building height is recommended as follows: the main parapet height (flat roof) shall not exceed 46' and the center tower height (flat roof) shall not exceed 55'6". 6. A site plan review application shall be submitted with required civil engineering plan sets to the Community Development Department for plan checking and processing. 7. The site shall be designed with dark sky friendly lighting and will avoid any light pollution to neighbors. A photometric plan shall be provided with the site plan review application. He advised that the landscaping plan will have to be submitted for the site plan review. Brett Burgess advised they hope to have a medical use in the building. A brief discussion was held on extending the road. MOTION: A motion was made by Councilmember Pike to approve the site plan and building elevations subject to the conditions recommended by the Planning Commission. SECOND: The motion was seconded by Councilmember Bunker. VOTE: Mayor McArthur called for a vote, as follows: Councilmember Bunker - aye Councilmember Almquist - aye Councilmember Nickle - aye Councilmember Pike - aye Councilmember Hughes - aye The vote was unanimous and the motion carried. CHANGE ORDER: Consider approval of a change order for Westland Construction for $127,300 for the St. George Municipal Passenger Terminal Building. St. George City Council Minutes January 19, 2012 Page Six Budget and Financial Planning Manager Deanna Brklacich explained the changer order is for completion of the terminal building at the new airport. It is to finalize housekeeping items. The City still owes Westland $51,081.10 in retainage as part of the original contract. Upon completion of all the work, the project will be closed out. MOTION: A motion was made by Councilmember Almquist to approve the change order and release of the retention. SECOND: The motion was seconded by Councilmember Pike. VOTE: Mayor McArthur called for a vote, as follows: Councilmember Bunker - aye Councilmember Almquist - aye Councilmember Nickle - aye Councilmember Pike - aye Councilmember Hughes - aye The vote was unanimous and the motion carried. CHANGE ORDER: Consider approval of a change order in the amount of $12,655.50 to Sunroc Corporation for the Dixie Drive reconstruction project. Budget and Financial Planning Manager Deanna Brklacich explained the project area is located between the Mathis bridge and Tonaquint. The change order is necessitated by unforeseen storm drain issue...

...stated that the Planning Commission will soon begin public hearings on the Tonaquint area land use plan. SITLA owns 90% of the land and it is all outside City boundaries. Staff has been working with SITLA on an annexation petition. The first public hearing before the Planning Commission will be held November 9. EASEMENT ABANDONMENT/LOT LINE ADJUSTMENT: Todd Jacbosen explained the City has received a request for a lot merger located at Lot 2 of Bloomington Ranches No. 7. The applicant would like to purchase City property (an equestrian easement) to add a three car garage, and to meet zoning and setbacks, he needs to acquire 20' of the City’s property. He is in the process of having the 20' easement appraised. Action is needed to combine the two lots and authorize sale of the City-owned property. Councilmember Almquist inquired if the equestrian easement was no longer needed. Mr. Jacobsen replied a block wall has been placed across the back of the easement so it is unuseable. The request has been reviewed and approved by all City departments. Deputy City Attorney Paula Houston advised that Laura Taylor of the Parks Department says the easement is not needed as a footpath. City Manager Gary Esplin suggested that approval be made subject to review of the appraisal amount to make sure it is in line with past sales of City property. MOTION: A motion was made by Councilmember Pike to approve the lot line adjustment and sale of the City’s 20' strip of property subject to the appraisal amount and other legal matters. SECOND: The motion was seconded by Councilmember Almquist. VOTE: Mayor McArthur called for a vote, as follows: Councilmember Pike - aye Councilmember Almquist - aye Councilmember Bunker - aye Councilmember Shakespeare - aye Councilmember Nickle - aye The vote was unanimous and the motion carried. LOT LINE ADJUSTMENT: Todd Jacobsen explained the City has received a request to adjust lot lines on Lots 70, 71 and 72 of Riverside Heights Plat “G” and Lot 20 and 21 of Millcreek Industrial Park. The property address is 2940 East between 160 and 186 North. 6' of the property is owned by the City and there is a future park planned for this site. The owner of three St. George City Council Minutes October 21, 2010 Page Three lots in the Riverside Heights Plat G purchased a 6' strip from the City, and now the applicant wants to do the same. Mayor McArthur advised that the Parks Department and staff have no problem with the request because precedent has been set and this will not affect the park. MOTION A motion was made by Councilmember Bunker to approve the lot line adjustment subject to the appraisal value. SECOND: The motion was seconded by Councilmember Shakespeare. Deputy City Attorney Paula Houston advised the City will retain the easements. The applicant cannot build any structure over the easements, but can build a wall. VOTE: Mayor McArthur called for a vote, as follows: Councilmember Pike - aye Councilmember Almquist - aye Councilmember Bunker - aye Councilmember Shakespeare - aye Councilmember Nickle - aye The vote was unanimous and the motion carried. LOT SPLIT: City Planner Ray Snyder explained the City has received a request to split a 3.462 acre parcel located at the northwest corner of Red Hills Parkway and Industrial Road into two commercial lots for the Red Hills Parkway Commercial Center. The intent is the split the parcel down the center to create east and west parcels. The owner would like to build a commercial building and will install infrastructure and make improvements to the road. The site is already zoned commercial. MOTION: A motion was made by Councilmember Shakespeare to approve the lot split. SECOND: The motion was seconded by Councilmember Nickle. VOTE: Mayor McArthur called for a vote, as follows: Councilmember Pike - aye Councilmember Almquist - aye Councilmember Bunker - aye Councilmember Shakespeare - aye Councilmember Nickle - aye The vote was unanimous and the motion carried. LOT SPLIT: City Planner Ray Snyder explained the City has received a request to split an existing lot (Lot 2 of Tonaquint Hills Phase 1) to create a .97 acre parcel for UTRE Holdings LLC,...

...se agreement with the Dixie Applied Technology Center for the lease of the Tonaquint Retail Center. City Manager Gary Esplin explained it is proposed that economic development funds be used to purchase the Tonaquint Retail Center, and then lease it to the DXATC. DXATC is currently...

... are still lit in downtown, especially as we are in an energy crisis. Tonaquint Cemetery According to another letter, dogs are being allowed to run free in the Tonaquint Cemetery. MPO DESIGNATION Council Member Whatcott asked that...

...imous and the motion carried. VETERANS’ REQUEST RE BURIAL PLOTS AT TONAQUINT CEMETERY: Consider a request from the Veterans Alliance concerning purchase of burial plots at the Tonaquint Cemetery. This item was tabled for discussion at an upcoming ...

...nd did not cover the Man O War Bridge, Bloomington Drive, Dixie Drive, and Tonaquint Drive. He advised the increased traffic would be a tremendous safety problem for children and large animals, particularly at Bloomington Drive and Man O War Bridge and Sugar Leo. Lee Fife expressed concern that the financial resources of Walmart be utilized to help with traffic improvements which will need to be done as the area develops. Walmart has great borrowing power and over time the City could reimburse them for costs. He advised the proposed store will bring economic benefit to the area because of the freeway location and its exposure. Jim Lundberg advised the present interchange was built for a residential area many years ago and is now at capacity. He stated he did not think the proposed roundabouts would fit, and a large project is trying to be shoe-horned into a small area. He suggested the City work with Walmart to move them to the new south interchange, and Bloomington be maintained as a residential area. He expressed concern about expected traffic increase on Sugar Leo and urged rejection of the project. Royce Jones, a 15 year resident of Bloomington, advised the crux of the issue is private property rights, and the owner of the property has a right to develop it. He advised the area is master planned as commercial, and Walmart has made concessions in every area. He stated traffic at the interchange is a problem, with or without Walmart, and the City now has an opportunity to make positive changes with Walmart?s help. He expressed support for the roundabouts and stated it would be in the best interests of the City that they be completed concurrently with the opening of the store. He stated the American free enterprise system should be allowed to run its course. Sydney Davis advised the City needed the services provided by Walmart, and they have been very involved in working with youth groups and fundraising activities. She advised Walmart would be an asset to the community, but the traffic problems at the intersection of Pioneer and Brigham Roads needed to be addressed. She stated all have to share in the burden of growth. Liz Lewis, a resident of Bloomington, expressed concern about the representations made by the Bloomington Community Council, and advised they made no appreciable effort to gather any input from the Bloomington community at large. City Attorney Jonathan Wright advised the City Council would not make its decision based on numbers for or against the project. Ms. Lewis replied the Bloomington Community Council has influence on the City Council, yet it does not represent the majority of Bloomington St. George City Council Minutes February 17, 2000 Page Thirteen residents, and that is an issue. She advised there were significant issues still not settled, and inquired if verbal promises would be enforced. City Attorney Jonathan Wright advised the City would not be relying on any verbal promises, and everything agreed upon would be put in writing. Ms. Lewis inquired as to the dimensions of the store. Steve Kemp advised the back way through Bloomington is not the fastest way to reach the proposal Walmart, and the majority of traffic will travel the freeway to Walmart. Vi Blake advised Walmart now has a hard time filling its employment needs, and will bring in employees from other stores to fill its employment needs rather than hiring locals only. Linda Larson stated Walmart is a good neighbor and does many things to help the community. She advised she would like to keep tax dollars in St. George. Walmart has gone the extra mile to work with the City. City Attorney Jonathan Wright advised there is no contention whether Walmart is a philanthropic organization, and the focus of comments should be made on the zone change application only. Bill Whitlow, a resident of Bloomington, stated he felt the roundabout, as proposed, was too small to handle a truck and trailer 70' long. He stated more study needed to be done on the size of the roundabout. He urged the City Council to ask for a more comprehensive traffic study. Rick Nelson, a resident of Bloomington Hills, stated he was looking forward to the new Walmart. He stated this is not a perfect world, and the traffic studies were based on accumulated knowledge. As a business owner in Bloomington, he urged the City Council to decide in favor of Walmart. Brian McMullin advised he was in favor of Walmart because of the increased jobs it would bring, increased tax revenues, and positive impact on the Bloomington Courtyard Center. Ronnie Magleby advised he supported the Walmart project as it provides an opportunity for economical shopping for young families. He urged the City Council to support the project. Crit Killen expressed concern that two Walmarts were being located in close proximity and would jeopardize downtown businesses. He stated 50-60% of the traffic going to Walmart would use the back way rather than the freeway, and Bloomington should not be subjected to this amount of traffic 24 hours a day seven days a week. He expressed concern about resulting declining property values and negative impact on the Bloomington community. He advised that one superstore is sufficient to serve the area?s residents. He expressed disapproval of the proposed roundabouts and advised that most communities removed them because they did not work. He urged the City to deny Walmart?s request. Cindy Stevenson questioned whether Walmart was overdeveloping. She stated she had information that Walmart was building a store in Mesquite too, in addition to Cedar City and Washington. She questioned the need for two superstores in such close proximity. Nikki Stocks, a Bloomington resident, stated that although she liked Walmart, she feared increased traffic, speeding, and construction trucks. She suggested the superstore be built at the new interchange, and stated the area did not need two superstores. St. George City Council Minutes February 17, 2000 Page Fourteen Hooper North, a consulting engineer and land surveyor, expressed concerns about the proposed Walmart location in Bloomington, and to build the superstore on a culdesac would be wrong and would cause problems, such as those being experienced at the new Dixie Center. Dale Scott, a resident of Bloomington, stated he is concerned for the small children in the area, however, an easy solution would be to install speed bumps on Man O War and Sugar Leo which would solve the problem of speeding. He expressed support for Walmart and the property rights of the property owner. Sid Waldvogel stated he felt strongly the property owner (Mr. Magleby) has a right to sell his property for a commercial development as it is zoned commercial. Dick Dixon advised St. George is a Walmart-type community. Lance Pinnell, a Bloomington resident, advised that many older people will travel the back way to the new Walmart rather than use the freeway, and that tax dollars would be required to eventually improve Tonaquint Drive and Bloomington Drive because of this use. Wayne Lisner...

...esented a proposed plan for a tennis complex to be located between the new Tonaquint Cemetery and the Tonaquint Park and Nature Center. She advised the proposed time frame for ...

...as offered by Council Member Whatcott. REQUEST FOR OVERNIGHT USE OF TONAQUINT PARK: Becky Cox, representing the Utah Federation for Youth, requested permission to use Tonaquint Park July 26 and 27, with overnight use on July 26, for 37 youth ...

...nstallation of a light for safety reasons at the corner of Dixie Drive and Tonaquint Drive. City Council Minutes June 17, 1999 Page Eleven City Manager Gary Esplin explained that the City owns three sides of the property in question, and for safety reasons, it is being recommended a street light be installed. When development occurs on this corner, the City will solicit financial contributions from the other owners. A motion was made by Councilmember Allen to approve installation of a street light at the corner of Dixie Drive and Tonaquint Drive. The motion was seconded by Councilmember Orton, and all v...

...ome capabilities. A central office and data center will be located in the Tonaquint Center. The line will have unlimited capacity. The Tonaquint Center is scheduled to be completed in the spring next year and h...

...L PLAT: Public hearing to consider approval of an amended final plat for Tonaquint Terrace Phase #2, 2nd Amended and Extended. Todd Jacobsen stated the purpose of this final plat amendment is to add a 20 foot wide strip of land that will also be a public utility and drainage easement. Mayor McArthur opened the public hearing. There being no public comment, he closed the public hearing. St. George City Council Minutes June 6, 2013 Page Five MOTION: A motion was made by Councilmember Bunker to approve the final plat of Tonaquint Terrace Phase 2. SECOND: The motion was seconded by Councilmem...

... in the state. DISCUSSION WITH VETERANS ALLIANCE CONCERNING POLICIES AT TONAQUINT CEMETERY: City Manager Gary Esplin advised that City staff has concerns with the request of the Veterans Service Alliance for reservation of burial plots in the Tonaquint Cemetery. The City currently provides all bona fide veterans wit...

... 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. T...

...an award of contract for Phase 2 of the project at the Southgate Golf Club/Tonaquint Cemetery, had been withdrawn. It will be discussed at a later date. FLAG SALUTE: The flag salute was led by Dale Finlayson, a 2nd class scout with Troop 765. OPENING PRAYER: The opening prayer was given by Haven Anderson, Youth City Council Manager. INTRODUCTIONS: Mayor McArthur asked the scouts in attendance to come to the microphone and tell the audience their name, rank and the merit badge on which they are working. Dale Finlayson, 2nd class, Troop 765, Citizenship in the Community; Candon Rangiller 2nd class, Troop 765, Citizenship in the Community; Jeff Hyde, 1st class Life Scout, Troop 765; Jason Brown, 2nd class, Troop 532, Citizenship in the Community; Mitch Frei, Troop 532 2nd class, Citizenship in the Community. The Mayor asked the Youth City Council members in attendance to come forward and introduce themselves. They were Jamie Span, Snow Canyon High School; and Haven Anderson, Dixie High School OTHER BUSINESS: Sharon Isom announced that the Affordable Housing Committee has received notification from HUD that St. George will receive a grant to use for ?Welfare to Work? recipients. This grant will help three welfare recipients with their housing needs until they can complete their schooling and return to the workforce. Council congratulated Brenda Butler, Director of the Housing Authority, for her good work. BID OPENINGS: Sodium Hypocholorite. Sue Swensen presented a bid opening for the purchase of 35,000 gallons of sodium hypocholorite. Two bids were received: Thatcher Chemical, $17,500 and HCI Dyce Chemical, $38,150. She asked for Council approval to award to the low bidder Thatcher Chemical. City Council Minutes October 7, 1999 Page Two Councilmembers questioned the need for this product and asked how long this amount of product would last. Ms. Swensen indicated that the product is necessary for operation of the treatment plant and will last for one year. Councilmember Isom made a motion to award the bid to purchase 35,000 gallons of sodium hypocholorite to Thatcher Chemical in the amount of $17,500. Councilmember Whatcott seconded and the motion passed unanimously. Fire Pumper Truck. Sue Swensen presented a bid opening for a fire pumper truck. Six companies were invited to bid, but only one, Ross Equipment/Pierce Manufacturing, responded. Their bid was $323,932. As this bid is under the budgeted amount and Chief Stoker is satisfied that the truck contains all the essential items listed in the specifications, she asked that Council approve awarding the bid to Ross Equipment/Pierce Manufacturing in the amount of $325,000. Before a motion was made, Councilmember Gardner asked Gary Esplin to explain the time frame of this purchase. Mr. Esplin indicated that the truck was requested in the last budget hearing in February and had gone through the approval process for nine months. Councilmember Gardner indicated he had heard it said that the Councilmembers are a bunch of ?Yuppies? they say ?Yup? to anything presented to them. He wanted to impress on the public that the motion made tonight is the end result of many months of consideration and not a rubber-stamped purchase. Councilmember Larry made a motion to award this contract to Ross Equipment/Pierce Manufacturing in the amount of $323,932 for the purchase of a fire pumper truck. Councilmember Orton seconded and the motion passed unanimously. PLANNING COMMISSION REPORT - September 28, 1999 Jim McGuire, Associate City Planner, indicated that the Planning Commission had recommended that public hearings be held for the following three items: 1. Consider a zone change from R-4 Multiple Family Residential to C-3 General Commercial on 0.547 acres located at 476 East Riverside Drive, just north of the Riverside Apartments, Paul Snow, applicant. There is a small portion of R-4 zone to the north of the apartments which the applicant is proposing to include in his commercial development. The surrounding zone is C-3 to the north and west and R-4 to the south and east. The Planning Commission recommended approval. 2. Consider a zone change from PD Residential to PD Commercial on the 5.436 acres of the Sienna Condominiums at Stonebridge located on 271 North Country Lane, Robert Barrus, applicant. The applicant will still build 70 units as approved, but now wants to market the units as a short-term rental and timeshare product. There was some neighborhood opposition to this zone change. The Planning Commission does not recommend approval. 3. Set criteria for sexually oriented businesses. Councilmembers held a short discussion about the items and wanted to make it publicly known that the Council would review all items at the public hearing, whether the Planning Commission recommends approval or disapproval. Councilmember Whatcott made a motion that a public hearing for the above items be set for November 4, 1999 at 5:00 p.m. Councilmember Gardner seconded the motion and it passed unanimously. City Council Minutes October 7, 1999 Page Three CONDITIONAL USE PERMIT FOR RELOCATION OF REDI-MIX BATCH PLANT: Jim McGuire presented Western Rock Product?s request for approval of a conditional use permit to relocate their redi-mix batch plant and truck maintenance facility to an M-1 zone near their existing asphalt plant adjacent to the Fort Pearce Wash. They will be relocating from the St. George Industrial Park. The Councilmembers discussed the relocation and the impact on traffic on both River and Brigham Roads. It was thought this move may produce some reduction in traffic as there will no longer be a need to haul the gravel to the batch plant. Councilmember Isom made a motion to approve a conditional use permit for Western Rock Products to relocate their redi-mix batch plant and truck maintenance facility to an M-1 zone near their existing asphalt plant adjacent to the Fort Pearce Wash. Councilmember Orton seconded and the motion passed unanimously. FINAL PLATS: Jim McGuire, Associate City Planner, presented the following final plats which were recommended for approval at the September 28, 1999 Planning Commission meeting: The Joshuas at Southgate Phase 1 This is a 20-unit development located north of the Legacy on the east side of Tonaquint Drive, Gerry Brown, applicant. The final plat conforms to the pr...

...ruck, the LDS temple, Hughes & Randall, IHC, Stonecliff, the Boulders, Tonaquint Center, the Rio Plaza, the Ledges, the Sun River Pro Shop, the rock house, Dr. David Cramer house, and the City of St. George for the Town Square, Water Walk and Boulevard improvements. Awards were presented to the winners by the Mayor and City Council. Mayor McArthur invited several Dixie High School Students in the audience to introduce themselves. Council Member Bunker announced that Dixie Care and Share is in need of toys for Christmas. Council Member Gardner announced that the traveling Vietnam Veterans Wall is at the Dixie Center, and he encouraged everyone to see it. PRESENTATION OF THE 2006-2007 FISCAL AUDIT: Ken Hinton advised his purpose for being present is to formally announce the completion of this year?s audit. His secondary purpose is to talk to his fellow citizens of the City. He announced the City has once again received a clean opinion on its financial statements, which is not an easy achievement. He stated that if anyone had any questions about the audit, to please contact him. He stated he had never felt a need to do so before, but he wanted to address his fellow citizens of St. George. He stated there were things said this past fall during the elections which he found, at best, to be misleading, and at worst, downright wrong. He stated these statements caused him, as an independent auditor of the City, great concern. Comments were made which called into question the management and leadership of the City. He stated that he, as an independent contractor and auditor, was in a unique position to know the finances and financial management of the City. Each year he and his employees spend hundreds of hours from late June to this time of year going through the financial records of the City. He stated that while neither the City or staff is perfect, it has been his experience over the years as he audited the City, that staff, management and the elected leaders take their responsibility seriously, they take pride in doing a good job, and they diligently try to correct any shortcomings pointed out. He stated that if any citizens had concerns, he would be happy to take their calls and he was confident the City?s Finance Director would also. He stated that as auditor for the City, he commended the City for its wise financial management. As a citizen of St. George, he thanked each Council Member and City management and staff for their efforts in properly leading and running the City. He stated it was his opinion they were doing a great job. City Manager Gary Esplin expressed appreciation to the staff, especially Deanna Brklacich and Phil Peterson and all department heads who take the budgeting process seriously. He stated there were plenty of pot shots taken at staff and the way the City is financially managed, and in his opinion staff is above reproach on how it handles City finances. He stated he appreciated Mr. Hinton?s comments, and that the City has nothing to hide and welcomes anyone who wants to take a look at the records. St. George City Council Minutes December 6, 2007 Page Two APPROVAL OF CHANGE ORDER: Consider approval of a change order for installation of a reuse line to Atkinville. City Manager Gary Esplin explained that the City?s portion of the line will be $33,533.59. The line will be increased from an 8" line to a 12" line and is a good investment to increase capacity. He recommended approval. 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. AWARD OF BID: Consider award of bid for tank fuel and lubricant. Purchasing Manager Connie Hood explained that three suppliers responded with bids. She recommended award of the bid to the low bidder, Haycock Petroleum, in an amount not to exceed $240,000 for a one year period. The bid can then be reviewed for a two year option. MOTION: A motion was made by Council Member Gardner to award the bid as recommended. SECOND: The motion was seconded by Council Member Orton. Council Member Whatcott inquired if $250,000 was budgeted, why this amount was not being approved. Ms. Hood replied that $240,000 was recommended due to past trends. City Manager Gary Esplin commented that this is a blanket order and it is not known how much will be used during the year. Based on volumes used last year, the amount may be as little as $175,000. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. AWARD OF BID: Consider award of bid for bulk fuel for the year. Purchasing Manager Connie Hood recommended award of a one year bid with a two year additional option to Overland Petroleum, the only supplier who bid all locations and submitted the low bid, in the amount of $1,700,000. This amount is based on prior usage. Council Member Gardner inquired why three different sites were bid. City Manager Gary Esplin replied that there are different bid prices at each terminal. Some suppliers did not want to bid all three terminals. Council Member Orton advised that DATS Trucking delivers the fuel to the City. 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. APPROVAL OF CHANGE ORDER: Consider approval of a change order to the Snow Canyon Parkway construction contract. Purchasing Manager Connie Hood explained this project consists of the east portion of the Parkway in the amount of $194,127.41. City Manager Gary Esplin explained the area is located in front of the Paradise Canyon project. A grant from the federal government has been received for this project. Mr. Esplin explained that this road was intended to be built in phases, and staff wanted to wait until all phases are done until a final coat is put on all of it. MOTION: A motion was made by Council Member Allen to approve the change order. St. George City Council Minutes December 6, 2007 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. APPROVAL OF CONTRACT MODIFICATION: Consider approval of a modification to the 100 West storm drain construction management contract with Creamer and Noble Engineers. Purchasing Manager Connie Hood advised the amount of the modification is $62,276. Mayor McArthur explained that the modification is necessary because the City widened the road and added sewer to the west side. Tri-West is the contractor and a lot of compliments from the neighbors have been received about the contractor. This additional cost is for engineering services. MOTION: A motion was made by Council Member Orton to approve the modification. 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 electrical work, repairs and HVAC services. Purchasing Manager Connie Hood recommended award of the second year option for open blankets with D. Blake Electric in an amount not to exceed $100,000 and Filice Electric in an amount not to exceed $50,000. MOTION: A motion was made by Council Member Gardner to award the bid 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. AWARD OF BID: Consider award of bid for UV system parts and supplies for the Wastewater Treatment Plant. Purchasing Manager Connie Hood advised this is a sole source bid in the amount of $60,000. This amount was also set up last year and $40,281 was used. MOTION: A motion was made by Council Member Orton to award the bid as recommended. SECOND: The motion was seconded by Council Member Bunker. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. AWARD OF BID: Consider award of bid for an instrument switchboard panel for the Green Valley Substation. Purchasing Manager Connie Hood recommended award of the bid to the low bidder, Electrical Power, in the amount of $150,151. 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 32 Dell laptop computers to be used as mobile terminals for Police patrol vehicles. Purchasing Manager Connie Hood recommended purchase of the laptops through the State contract in the amount of $32,640. She advised that most of the funds come from a federal grant. MOTION: A motion was made by Council Member Orton to award the bid as recommended. SECOND: The motion was seconded by Council Member Allen. St. George City Council Minutes December 6, 2007 Page Four Council Member Bunker asked about the advantage of purchasing Dell computers. Police Chief Marlon Stratton advised that Dell computers are cheaper than Panasonic, although some of the Panasonics will be kept. The purchase of these laptops will allow one in each patrol vehicle, and they interface with the entire County. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. APPROVAL OF PROPOSAL: Consider approval of a proposal with GE to replace a turbine combuster. Purchasing Manager Connie Hood advised the amount is $477,135. Energy Services Director Phil Solomon explained that as air is brought into the combuster, it is compressed down to the narrowest part of the turbine. It is then injected with natural gas and then gets ignited with the air. That chamber is the combuster, and is like the carburetor and piston head combined, and is where the fire takes place. The GE Engineering Division sent out a bulletin saying it was having problems with this particular model of turbine combuster and to watch for problems. Staff noticed a crack last season, and after this summer?s run, the crack was all the way across the combuster. GE recommends replacement, as the early design was too long and vibrated. The new design is shorter and made of different material. The original quote was $820,000, but staff worked with them and the City is getting everything at cost; GE?s mark-up is not included. The warranty period on the turbine has expired and a new warranty would have been $3,000,000 for one year. The City does have insurance on the turbine for anything over $500,000. This summer alone, having the turbine in place saved the City $900,000 in market exposure. The lifetime is about 25,000 run hours, but the City has only 5000 hours on this combuster. The warranty that comes with a new one is inherently short. However, the City?s rep says if the City has any problems within the next twelve months with the new one, he will go to bat for the City. MOTION: A motion was made by Council Member Whatcott to approve the proposal. 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 explained that the City?s purchasing program allows anything under $25,000 is handled through Purchasing. Anything over $25,000 comes to the City Council for approval. The City Manager has the authority to approve emergency purchases with approval by the City Council after the fact. PUBLIC HEARING: Public hearing regarding the intention of the City of St. George, Utah, to issue Industrial Revenue Bonds to be used for the acquisition and/or construction of a manufacturing facility including equipment and related facilities for Young Electric Sign Company, or any related company (the ?Project?); authorizing the issuance and sale of such bonds in the principal amount of not to exceed $6,000,000. City Manager Gary Esplin explained that as required under the TEFRA Act, a public hearing must be held with regard to the issuance of tax-exempt IRB bonds. Mayor McArthur opened the public hearing. There being no public comment, he closed the public hearing. Council Member Gardner commended YESCO for relocating their operation within St. George and bringing added tax base to the City. PUBLIC HEARING/FINAL PLAT: Public hearing to consider approval of an amended and extended final plat for Tonaquint Terrace Phase 2 Subdivision located at approximately 1300 West an...

... of the turn near the bridge in the area between Southgate Golf Course and Tonaquint Park. He also inquired about the armoring and whether it will remain at the current river depth. Mr. Rosenberg stated the design would be similar and that the armoring is approximately 8 feet in the ground from where the slope changes. Councilmember Almquist inquired if the design is similar to the redesign of the sewer near the Virgin River. He asked if the channel is eroding or staying about the same and if 8 feet was sufficient. St. George City Council Minutes December 6, 2012 Page Four Mr. Rosenberg stated the channel fluctuates. He explained the Santa Clara River is a sand bed river and as it floods, sediment moves through the river system. The 8 foot depth is about as deep as it could be. Councilmember Almquist asked if vertical gabian baskets will be used in the design. Mr. Rosenberg answered yes, the design includes gabian baskets as well as enclosed rock. Councilmember Almquist inquired if gabian baskets will also be used in the up slope protection area. Mr. Rosenberg explained a thinner basket called a reno mattress will be used on the slope and has NRCS riprap underneath. Councilmember Almquist stated that design is similar to what was put in at Zion National Park 50 years ago. Mr. Rosenberg stated he has seen gabian walls in the Virgin River as well. Councilmember Almquist inquired if the same design will be used at Millcreek. Mr. Rosenberg stated Millcreek is only a rock riprap. He explained gabian baskets are mitigation upgrades. When FEMA comes in to do a repair, and the funds are available gabian baskets are used. All of the Santa Clara projects were done using gabian baskets, however the Virgin River project did not use them except in critical areas near homes and trails. The Millcreek project will use a similar MRCS design. Councilmember Almquist asked what size of rock will be used. Mr. Rosenberg stated the rock will be a D50 of 24 inch so it has rock from 40 inches to a foot in the gradation. Councilmember Hughes arrived. Mr. Rosenberg explained the slope is prepared using filter cloth so that soil does not migrate through the fabric and rock. Councilmember Almquist inquired if the design could include a segment of approximately 30 feet to include large rock near where the Virgin River meets the wall. Mr. Rosenberg stated in order to keep the flow from getting behind the wall, the rock in turned perpendicular to the bank and large rock is used on the bottom. Councilmember Almquist stated the river can move rocks no matter the size. He asked City Manager Gary Esplin if the City owned the large lava rocks that are just off Riverside Drive. Mayor McArthur stated the rocks were located on the former Gary Pierce property. City Manager Gary Esplin stated the City does own the rock. Councilmember Almquist asked Mr. Rosenberg if those rocks would be used. Mr. Rosenberg explained that while large rock provides great protection small rock is needed to fill in gaps. City Manager Gary Esplin clarified there are two contracts. The costs listed on the agenda are for the total cost of the project, Millcreek at $63,770 and Sunbrook at $51,425. Although the Council has approved the City’s match of 25 percent, the entire contract has to be approved. Mayor McArthur stated Councilmember Bunker will need to change her motion to the correct amount and that both contracts can be included. Councilmember Bunker inquired if the motion could be changed to the correct amount. City Manager Gary Esplin explained the Council needs to approve the two mitigation HMGP grant projects to Rosenberg for the stipulated amounts including the City’s 25 percent match. St. George City Council Minutes December 6, 2012 Page Five AMENDED MOTION: A motion was made by Councilmember Bunker to amend the motion to reflect the entire amount including the City’s 25 percent on both items. SECOND: The motion was seconded by Councilmember Almquist. VOTE: Mayor McArthur called for a vote, as follows: Councilmember Bunker - aye Councilmember Almquist - aye Councilmember Pike - aye Councilmember Hughes - aye The vote was unanimous and the motion carried. STAFF REPORT: Presentation of the annual fiscal year audit. Steve Palmer with Hinton Burdock who has assisted with the City audit for approximately 10 years formally announced a successful completion. As in all previous audits, the City has been issued an unqualified audit and in their opinion, all of the City’s financial statements are materially correct. In addition, they have issued an unqualified opinion on the City’s compliance with federal and state requirements. He explained when an audit if found unqualified, that means there are no issues. He stated the financial statements will be sent to the State of Utah as well as the Federal Audit Clearing House. He thanked the City’s finance personnel and Council for allowing them to be of service to the City. Mayor McArthur stated he appreciated the City’s financial team. Councilmember Bunker commented she appreciates the audit. It is rewarding to have a clean bill of health for the City. LIQUOR LICENSE: Consider approval of a club liquor license for the St. George Dixie Elks at 630 West 1250 North. Thomas Franklin Auffhammer, applicant. Mayor McArthur advised that the request is not for a new license just a change of license holder. MOTION: A motion was made by Councilmember Pike to approve the liquor license. SECOND: The motion was seconded by Councilmember Bunker. VOTE: Mayor McArthur called for a vote, as follows: Councilmember Bunker - aye Councilmember Almquist - aye Councilmember Pike - aye Councilmember Hughes - aye The vote was unanimous and the motion carried. SPECIAL EVENT PERMIT: Consider a request for waiver of a special event fee for a radio control flying event. Darrel Jensen, St. George War Birds, applicant. Business License Specialist Shiloh Kirkland advised there will be 2 events held near the Wastewater Treatment Plant on February 21-24, 2013 and October 18-19, 2013. Mayor McArthur stated last year Council talked about approving an entire year. The property being used is next to BLM. Councilmember Almquist stated this event has never caused issues in the past and will have sufficient parking. MOTION: A motion was made by Councilmember Almquist to approve the fee waiver. SECOND: The motion was seconded by Councilmember Hughes. VOTE: Mayor McArthur called for a vote, as follows: Councilmember Bunker - aye Councilmember Almquist - aye Councilmember Pike - aye Councilmember Hughes - aye St. George City Council Minutes December 6, 2012 Page Six The vote was unanimous and the motion carried. City Manager Gary Esplin explained the only issue has been with RV parking overnight. The City will monitor that and will work with the individuals. SPECIAL EVENT PERMIT: Consider approval of a special event permit for a zip line. Bryce Payne, applicant. City Manager Gary Esplin advised the permit was approved last year. Since this is a deviation from normal business, staff felt like the request needed to go before Council. He asked the applicant to make his presentation. Bryce Payne, applicant, explained the zip line was in place in April and May of this year and has been taken to various large events around the country. He would like to continue to bring the zip line to the City during gaps in their schedule, however it is cost prohibitive because of the fees. He would like to find a way to alleviate a portion of the fees by getting a fee waiver or reduction. The cost to run the zip line is approximately $6,000 for the event fee and $3,000 for taxes. He stated Washington City has a permit fee of $50. Councilmember Bunker inquired how long the event would last. Mr. Payne stated he would like to have the zip line in place from now until February 8, 2013. Councilmember Bunker commented the zip line seems like so much fun on property that does not have much use. She inquired if there was another category this would fit rather than a special event. City Manager Gary Esplin responded there was not another category. Mr. Payne stated the zip line has received incredible reviews and they were asked to bring it back again; however, they lost money the last time. City Manager Gary Esplin explained the Council can deal with fees. The business does not have a location, nor does it have property taxes like a normal business. Fees can be approved each year at whatever amount Council sees fit, however, Council cannot approve the zip line to return every year, the request needs to reviewed each year. He stated a special category can be set to change the fee to an annual fee. Under the existing ordinance, since this type of business is a transient, it can only fit into this category and is limited to hold so many events per year. Mayor McArthur inquired if Council could approve the request to get the applicant started and revisit the fee issues after some research. City Manager Gary Esplin stated he believes that can be done, however by the time a study is done the event will be over. In the past the City charged the applicant $75 per day. Council can set a different amount. Mayor McArthur asked the applicant about the fee in Washington City. Mr. Payne stated Washington City charges a one time special event fee of $50. City Attorney Shawn Guzman arrived. Councilmember Hughes asked the applicant what he would like to see be done regarding fees and when the event can take place. Mr. Payne explained to be cost effective, the zip line needs to be in place for a couple of months. Currently, the standard fee is $150, last time they were here Council reduced the fee to $75 per day, which is still cost prohibitive. He would like a fee waiver or a set flat amount. Mayor McArthur inquired how much the applicant had to pay last year. Mr. Payne replied they paid $3,000. Councilmember Bunker stated she would like to see a set fee if possible. The City does not receive anything from the property and does not have to do much other than have the Police Department monitor the area. St. George City Council Minutes December 6, 2012 Page Seven Mr. Payne explained they set up the zip line and they have insurance. Ms. Kirkland stated Mr. Payne would like to pay the fee on a weekly basis. The consensus of the Council is that would be fine MOTION: A motion was made by Councilmember Bunker to approve the special event permit at a rate of $50 per day to be paid weekly. SECOND: The motion was seconded by Councilmember Almquist. VOTE: Mayor McArthur called for a vote, as follows: Councilmember Bunker - aye Councilmember Almquist - aye Councilmember Pike - aye Councilmember Hughes - aye The vote was unanimous and the motion carried. SET PUBLIC HEARINGS: City Planner Ray Snyder advised that the Planning Commission recommends public hearings be scheduled for December 20,2012 to consider a zone change request from PD-R to R-1-10 on 32.92 acres located west of Pioneer Road and southwest of the Las Colinas Phases 1 through 4 subdivisions. MOTION: A motion was made by Councilmember Pike to set the public hearings as recommended. SECOND: The motion was seconded by Councilmember Bunker. VOTE: Mayor McArthur called for a vote, as follows: Councilmember Bunker - aye Councilmember Almquist - aye Councilmember Pike - aye Councilmember Hughes - aye The vote was unanimous and the motion carried. FINAL PLAT: Todd Jacobsen presented the final plat for Desert Willow Phase 1 to create a 17 lot single family subdivision on 12.86 acres. The property is zoned R-1-8 and is located at 360 North Street and Westridge Drive. Mayor McArthur asked Council for a motion to approve and allow him to sign the final plat. MOTION: A motion was made by Councilmember Hughes to approve the final plat and authorize Mayor McArthur to sign. SECOND: The motion was seconded by Councilmember Almquist. VOTE: Mayor McArthur called for a vote, as follows: Councilmember Bunker - aye Councilmember Almquist - aye Councilmember Pike - aye Councilmember Hughes - aye The vote was unanimous and the motion carried. PRELIMINARY PLAT: Todd Jacobsen presented the preliminary plat for Sun River Phase 32 to create a 34 unit single family residential subdivision on 12.86 acres and is located northwest of Whitestone Drive and Grapevine Drive. Density is 2.46 dwelling per acre and zoning is PD-R. The general plan calls this a low density residential area. Because of the existing topography, the developer is proposing a number of rock walls that vary in height from 6 to 7 feet. In addition, the interior streets in this subdivision will be 30 foot private roadways. The developer will be required to provide a drainage channel at the top of these walls to collect runoff from the hillsides. Mayor McArthur asked if this is in the gated area. Mr. Jacobsen stated it is not in the gated area, however, it is nearby. St. George City Council Minutes December 6, 2012 Page Eight Councilmember Bunker inquired if the walls are retaining walls and will they be in the back of the property. Mr. Jacobsen stated the walls will be retaining walls and are will be in the back of the property. Scott McCall with Sun River explained the retaining walls will range from 4 to 8 feet tucked into the hillside and will be on both sides. MOTION: A motion was made by Councilmember Pike to approve the preliminary plat as stated. SECOND: The motion was seconded by Councilmember Almquist. VOTE: Mayor McArthur called for a vote, as follows: Councilmember Bunker - aye Councilmember Almquist - aye Councilmember Pike - aye Councilmember Hughes - aye The vote was unanimous and the motion carried. CONDITIONAL USE PERMIT: Consider approval of a conditional use permit for an RV storage facility at 227 West 700 South. Denis Lyman, applicant. City Planner Ray Snyder explained the applicant is requesting to add an outdoor RV storage facility to an existing self storage facility. Zoning is C-3. He presented a slide show which details the area the applicant is wanting to develop. The site plan includes an improved asphalt area, covered canopy areas and landscaping including retaining walls. Mayor McArthur inquired about the height of the walls. Mr. Snyder explained the applicant will be expanding their storage facility business by creating covered outside storage with an emphasis on motor homes. There will be a 6 foot wrought iron fence around the perimeter. Landscaping and color scheme will be similar to that of the existing storage building. The applicant has requested not to develop the road, he is proposing to merge properties together. Along the public street, there will be two 8 foot block retaining walls as well as a 4 foot planter and will have an easement area where the right of way ends. Mayor McArthur inquired if the slope was a natural slope. Mr. Snyder stated he believes it is a natural slope. Mayor McArthur expressed concern because property owners in the area are trying to create a special improvement district since the hill is moving. He wants to make sure what is developed in that area will be stable. Mr. Snyder stated staff is comfortable with this area. A pad has already been cleared. He will bring photographs and have the applicant address the geo-technical nature. Councilmember Pike inquired if the toe of the hill will be cut into. Mr. Snyder replied no. He presented additional pictures depicting the existing storage facility as well as the proposed landscaping, block walls and wrought iron fence. Planning Commission talked about aesthetics of screening and would like the trees to be taller. One option would be to add shrubs, but that may not be a reality since the area is only 4 feet wide. The applicant is requesting to reduce the public utilities easement to 10 feet rather than the 15 feet required. Another item brought up at the Planning Commission meeting was timing of the project. A citizen spoke at the Planning Commission regarding his concerns about erosion near the St. George Shuttle. Planning Commission recommends approval with the following conditions: (1) Landscaping; trees and shrubs shall be installed dense enough to help screen the view of the RV’s from Bluff Street. This shall be verified on the landscaping and irrigations plans submitted during the civil engineering plan check process by staff. Option 1 = trees to be located at lower level as submitted, Option 2 = trees to be located at highest terraced (shelf) level. (2) Erosion Control - Landscaping; erosion control shall be installed to protect the hillside immediately below the landscaped area. This shall be verified on the landscaping and irrigation plans submitted during the civil engineering plan check process by staff. (3) Erosion Control - Site; a drainage report shall be submitted as a part of the civil St. George City Council Minutes December 6, 2012 Page Nine engineering plan check process and verified to be compliant by staff. A storm drainage system shall be designed to drain away storm water to the north in a detention system that will discharge into the Bluff Street storm drain system. (4) Fencing; fencing shall consist of either wrought iron decorative fence or a masonry wall. This shall be verified during the plan check process by staff. (5) Lot Merger; the lots shall be legally merged (the RV covered parking shall become part of the existing improved Monster Storage facility). This merger will provide a business office and will negate the need to improve the roadway in front of the property. The merger shall be completed and recorded before any permitting approval (construction plans or building permit). (6) Access; access shall be through the existing Monster Storage site. (7) Subgrade; the site shall be graded into the subgrade to accommodate the future roadway. (8) Delayed Improvement Agreement; the applicant shall provide for review and approval by the City Attorney’s office a delayed improvement agreement for road and utility improvements. Mr. Snyder read a portion of the findings. Reid Pope, project engineer, explained with regard to the landscaping, they would like to cut the utility easement down to 10 feet to allow for wider planters. Councilmember Pike inquired if Mr. Pope was talking about the rear of the property. Mr. Pope stated he was not talking about the rear of the property, and explained the City allows a 15 foot easement but does not allow block walls in that area. Mr. Snyder showed the picture of the area Mr. Pope was talking about. Councilmember Almquist stated the problem with putting landscaping down below is the public utilities. He inquired about the public utilities shown in the plans. Mr. Pope explained they will have power and telephone conduits. Councilmember Almquist inquired if there were any utilities in the roadway. He stated the road could accommodate some utilities if needed. Mr. Pope stated that normally power is outside of a roadway. Councilmember Almquist stated that the copy of the plans given to Council show 3 planters and believes that will be sufficient. Tall, skinny plants will hide the view of the motor homes. Mayor McArthur inquired if City staff looked into cutting the easement down to 10 feet. City Manager Gary Esplin explained that he does not believe staff looked into that. Mr. Snyder stated that this request came up just prior to the meeting. He did not have a chance to conduct any research; he would have to check City code. Mayor McArthur advised this request may need to be revisited. He is concerned this area will have issues with the hill slipping as this has happened down the road. He stated the slope is still quite steep. Mr. Pope explained AGEC is working on a plan and will have geogrid approximately every two feet. Councilmember Almquist inquired if they will be using 3000 pound blocks and if geogrid will be placed inside. Mr. Pope stated yes they will be 3000 pound blocks. Councilmember Almquist advised if putting geogrid inside, they may have to lengthen the geogrid. Some things that occur when it fails, is that if the walls fall it brings down the grid down as well. Mr. Pope stated they will be letting AGEC determine how the geogrid should be used. Mayor McArthur advised there is not an answer for the setback; therefore, the request may need to be postponed until the next meeting. Mr. Pope stated the set back scenario was an afterthought following the Planning Commission meeting. He explained at the meeting a discussion ensued as to why the road was even there. The road is a 41.5 foot City road. Monster Storage was dedicating property to make a 60 foot right of way. To build the road full width, a St. George City Council Minutes December 6, 2012 Page Ten large retaining wall would have to built. He stated the best thing would be for the City to build a 25 foot road. Mayor McArthur explained the City does not build roads. The property owner would be responsible to do so. Mr. Pope stated the City owns the property. Mayor McArthur stated the City does own the property; however, the property owner will still have to improve their frontage. Mr. Pope inquired who will develop the other side. City Manager Gary Esplin advised the City has dealt with this issue in other areas of the City such as along the freeway where there is not another property owner to share the cost of the road. Mr. Pope stated the City owns 41.5 feet. Councilmember Almquist stated the road will serve as a back up road for closures and will not be double loaded. He inquired how much of the roadway is the applicant building. Mr. Pope explained they are looking to receive waivers to not build the road at this time. Curb and gutter has been installed, but the road is not paved. City Manager Gary Esplin advised the previous agreement stated when the next phase of the existing Monster Storage is complete, the road will be built. He asked City Attorney Shawn Guzman to confirm. City Attorney Shawn Guzman stated that is correct. He believes that is why the roadway was dedicated and not installed. The City had an agreement with Monster Storage to allow them to complete the next phase prior to building the road. City Manager Gary Esplin stated staff is not interested in building the road right now since there is not much use for it at this time. The City’s concerns on building the road are the financial resources of the individual(s) that will be paying for the installation. He believes it would be premature to install the road right now; however, since it is on a plat, it needs to be accounted for because it may be needed in the future. City Attorney Shawn Guzman advised per the agreement, 25 feet of asphalt roadbase would have to be installed. Mayor McArthur stated north of St. George Boulevard, years ago, there were items that were platted and not installed. Since they were not, there is no way to get from City Hall to 3th or 4th East. He agrees with City Manager Gary Esplin that the road does not need to be installed right now; however, he feels a decision needs to be made on what the plan will include. Councilmember Pike advised there also needs to be a plan for payment. Councilmember Almquist stated Mr. Pope has come up with some good solutions. He believes the road does not need to be that wide. In addition, he feels rather than a 2 to 1 slope, it could be a 1 to 1 slope. If the road was narrower, a portion of the utilities could be brought further out. In addition, if the roadway below weren’t tied to the width the applicant is trying to design around, that would be a solution to the slope. The hydrology of the slope would change when more plant material and more water are present. Where the curb and gutter end, that could be moved to the east a bit and allow for an additional 10 feet. Mr. Pope stated he originally was going to propose something narrower. Currently, the plan includes a 60 foot right of way, taking more property from Mr. Lyman. The pavement width of 35 feet is standard in a 50 foot right of way. He explained the least expensive solution would be to slide a bit to the east side of the hill, which would help the issue with the slope however, if and when the road is built, it is probably better to leave it where it is. Councilmember Almquist indicated he believes the road does not need to be a 60 foot road. The narrower the road, the more it prohibits parking. To assist in the retention of the hill, he feels there needs to be gutter along the roadbase even if it isn’t paved at this time. St. George City Council Minutes December 6, 2012 Page Eleven Councilmember Pike stated he feels it is very important to get this right. Mayor McArthur stated he doesn’t know if there is enough information to make a decision at this time. City Manager Gary Esplin advised the item can be tabled for a week to be scheduled for a work meeting to give Mr. Pope additional time to work on designs as well as engineering staff to be present. He stated a decision needs to be made as to the real intent of the road in addition to the need for the roadway including some alternatives. He apologized for delaying the project, but feels Council is not prepared to approve the request at this time. Mayor McArthur inquired if tabling the item for a week would hurt. City Manager Gary Esplin stated the work meeting can be made an official meeting so that if Council is prepared to approve the request at that time, they can do so. Councilmember Almquist stated he and Mr. Pope have worked together on hillside issues previously. A solution would be to lower the entire site and move one of the walls to the rear. Doing this would retain the back wall as well as lessen the view of the RV’s which was a concern with the Planning Commission. Mr. Pope explained there is a 48 inch drain to detain the water and have it drain to the north rather than south on the surface. Councilmember Almquist stated he believes there is a way to design the plan to make it work. City Manager Gary Esplin advised he would like Mr. Pope to have a discussion with staff before the next meeting to have some of these issues worked out. Mr. Pope indicated he would speak with staff to try and work something out regarding the width of the road. City Manager Gary Esplin stated why the road is 60 feet should also be looked as well as the intent and necessity of the road. Mayor McArthur stated all properties need to be protected. MOTION: A motion was made by Councilmember Pike to table the request until the meeting next week. SECOND: The motion was seconded by Councilmember Bunker. VOTE: Mayor McArthur called for a vote, as follows: Councilmember Bunker - aye Councilmember Almquist - aye Councilmember Pike - aye Councilmember Hughes - aye The vote was unanimous and the motion carried. Mrs. Diane Lyman, owner of the properties, explained one of the reasons the City asked them to combine the properties is because it would be an easier situation for the City. To them, it does not make a difference. If the properties were combined, there would be much less of a problem cutting into the hill. Their property can be accessed with the original road and is already a gated area for security. She stated if the City requires them to drop the parking area 8 feet it would be a tremendous expense to remove the dirt. Mayor McArthur stated that was just one suggestion. Mrs. Lyman explained timing is important and feels there is no reason to have additional road access; that would involve additional security gates and expense. Mayor McArthur stated that is only one item that was mentioned. He explained all parties need to come up with some other ideas before the next meeting. Mrs. Lyman stated other property owners in that area stated they do not have a need for the road. City Manager Gary Esplin explained one of the property owners may have a need for the road in the future since parking on that particular business is not adequate. St. George City Council Minutes December 6, 2012 Page Twelve Mrs. Lyman explained the road does not go that far. City Manager Gary Esplin stated the City can require a development to dedicate a roadway. Mayor McArthur advised all parties involved can have the discussion at a later time. PUBLIC HEARING/ZONE CHANGE/ORDINANCE: Public hearing to consider a zone change from PD Employment to PD Commercial on 1.89 acres to allow for development of a self-storage facility, outdoor RV storage, and private condominium hobby garages on 8.46 acres in the Sun River project. Sun River, applicant. City Planner Ray Snyder advised the request is the fifth amendment to the project and read excerpts from the Amended Zone Change Application No. 5 for the Sun River Planned Development (PD). He explained there are 2 requests; the first is for the zone change and the second if for a zone change amendment to add private hobby garages as a use. In addition, he presented maps and pictures depicting the layout. The applicant is requesting to complete the project in phases. Planning Commission has seen different generations of the proposal before coming to Council. He gave a bit of history of what has been presented previously to the Planning Commission. The plan includes 180 outdoor RV units to be accessed 24 hours a day with a key pad entrance, 34 self storage units and hobby garages. Councilmember Bunker inquired if the garages will have windows. The applicant stated there will not be any windows. Mr. Snyder explained the landscaping will be trees and shrubs with drip systems, no lawn turf will be permitted. There will be a 15 feet of landscaping along the frontage of the public streets. Building heights will not exceed 22 feet consisting of stucco and concrete tile roof. Mayor McArthur opened the public hearing. There being no public comment, he closed the public hearing. Councilmember Bunker commented she thinks hobby garages are a good idea; there may be a lot of need for them. MOTION: A motion was made by Councilmember Pike to approve the zone change from PD Employment to PD Commercial by ordinance. Mr. Snyder clarified the zone change would be from PD to PD Commercial since the City does not have that designation. Councilmember Pike amended his motion as per the clarification. SECOND: The motion was seconded by Councilmember Bunker. VOTE: Mayor McArthur called for a roll call vote, as follows: Councilmember Bunker - aye Councilmember Almquist - aye Councilmember Pike - aye Councilmember Hughes - aye The vote was unanimous and the motion carried. PUBLIC HEARING/ZONE CHANGE/ORDINANCE: Public hearing to consider a zone change from R-1-10 Single Family Residential to PD Residential on .31 acres to allow construction of a parking structure with eight parking spaces and a sport court on the parking structure roof at 1811 W. Canyon View Drive. Point Vista Condos HOA, applicant. City Planner Craig Harvey advised the request is to change the zone on one lot that is currently zoned R-1-10 and to amend the zone for the PD Point Vista Condos. He presented several photos which showed the location of the lot, site plan and adjacent properties. He explained although the lot is currently vacant, it previously had a single family home that was demolished due to problems resulting from the expansive soils on the site. The proposed set backs are approximately 30 feet in the front and 25-30 feet in the rear. He explained the request was tabled at previous Planning Commission meetings because more information was needed. In addition, St. George City Council Minutes December 6, 2012 Page Thirteen the Planning Commission advised the applicant to move the parking structure closer to the existing condos. It was moved about 10 feet to give a greater setback to the property owners to the north. He presented a photo showing how the adjacent property to the north would be in relation to the sport court. He stated the sport court will have retaining walls with chain link fencing around the front and on the side that faces the existing home. The height of the fence will not exceed 12 feet per the ordinance. During the Planning Commission meeting, the homeowner requested, and the Planning Commission agreed, a barrier or screen be installed for privacy. Fencing on the Las Palmas side will be approximately 8 feet. Retaining walls will be installed to help prevent further erosion to the Las Palmas property. Landscaping will match the existing Point Vista landscape. Councilmember Almquist inquired if staff has heard from the property owner to the east. Mr. Harvey stated yes, the property owners have requested the parking structure be moved toward Point Vista. They have spoken with Mr. Shaw regarding shrubs being planted to maintain their privacy. Jeff Shaw, president for Point Vista Condos HOA, stated the condos were purchased for vacation properties. He explained, at this time, they do not have covered parking at their location, however, they have an offer to purchase the property to build the parking structure. They have concerns regarding the cliff along the Las Palmas property with erosion; they would also like to clean up the property. Councilmember Bunker pointed out the previous home had to be demolished because of blue clay. She asked Mr. Shaw what kind of assurance does he have that this will not be an issue with the proposed structure. Mr. Shaw stated he has been working with a geo-technical engineer who has performed several studies in the area. The solution is to over excavate approximately 10 feet below the surface and bring in an engineer to fill. With regards to the home that was formally there, the engineer stated the soil was not prepared properly. Councilmember Bunker stated she knows of several buildings that have over excavated and still had issues. She is concerned that if the request is approved there may be soil issues in the future. Mr. Shaw stated he can appreciate her concerns. There is quite an investment in this project and they want things done right. Councilmember Bunker inquired if additional inspections will be done once they reach the 10 feet. Mr. Shaw explained there will be engineering site visits and inspections done along the way. City Manager Gary Esplin asked Mr. Shaw if there was a reason piers were not being used. Mr. Shaw stated if piers were used, the garage floor would need to be suspended as well. It is being done this way because it is the most cost effective. In addition, this is what the engineer recommended. City Manager Gary Esplin stated he owns a house approximately 500 feet away. He explained Sunbrook had been over excavated and filled with the best fill available; now the foundations are being removed and replaced. As a citizen living in the area, he is concerned that over excavating may not be the ultimate solution. Councilmember Pike stated Tonaquint Intermediate School had to over excavate approximately 20-30 feet...

...t parks would not be the place to have war memorials. It was decided that Tonaquint Cemetery would be the better place for a veteran’s memorial....

....  The property is generally located on 1600 South Circle between the Tonaquint Office Campus and the Santa Clara River trail; and 3) a zone chan...

...ocated at the northwest corner of the intersection of Mesa Palms Drive and Tonaquint Drive. The Learning Center for Families, applicant. City Planner Ray Snyder presented a map of the area and site plan. He advised the Learning Center for Families is a private not-for-profit school which provides special education for developmentally delayed infants and toddlers. It is a full-daycare program for children. The site is 1.3 acres. The building will not exceed 35' in height and will be two levels. He presented a rendering of the building and elevations. The building will have a concrete tile roof, synthetic stucco and cultured stone, all in earth tones. 24 parking spaces are required and 50 will be provided. Landscaping meets and exceeds City requirements, as do street trees. There will be a 6' block wall on the north property line. The applicant is requesting that a wall not be required on the west property line in-between it and the church. No negative input has been received and there were no public comments at the Planning Commission meeting. The Planning Commission supports the location and recommends approval subject to four conditions: (1) the site layout, colors and materials as provided; (2) the design of the rear of the building shall be modified to soften the building and avoid a large flat expanse, and incorporate covered porches on the rear doors in addition to installing four 4' pop-outs for the doors; (3) install a six foot (6') block wall on the north property line, however, a wall on the west property line is not required; and (4) the applicant shall use dark sky style lighting and a photometric plan shall be submitted to staff. Greg Mathis with MRW Design advised that since the school is not a public school, a zone change was required. The PD Commercial zone is the best that could be found for a private school. The site is adjacent to a church which will be a great neighbor, so a fence is not desired in order to keep an open feel. Councilmember Bunker inquired if the pop-outs in back had been addressed. St. George City Council Minutes June 17, 2010 Page Four Mr. Mathis replied it has been agreed to put covered entries at the rear doors. Councilmember Pike inquired about walls. Mr. Mathis replied that the ordinance requires a wall along the north property line, and they would like to eliminate the wall on the west side between the Learning Center and the church. Debbie Justice, representing the Learning Center for Families, explained the facility serves over 200 families. There will be building space for 32 full care medically fragile children and those with autism. The facility will be open from 7:00 a.m. to 7:00 p.m. Councilmember Nickle inquired about overflow parking, and if this is the reason no wall is desired on the west side. Mr. Mathis replied that the congruent layout works well and eliminated a driveway to Tonaquint. The project has almost double the parking required so the connec...

...ium Density Residential on 5.92 acres located on Mesa Palms Drive north of Tonaquint Drive. Sunwest Development, applicant. City Planner Ray Snyder presented an aerial vicinity map, zoning map, and general plan designation map of the site. He advised that in 2006 a final plat for this site was approved with 23 single family homes. A year ago a general plan amendment for a different property owner which would have allowed 46 dwellings was denied. He presented a conceptual layout and advised that the layout would be looked at later if the land use was changed. Each unit will have a garage. He presented a cross section of comparative house sizes and photos of the site. A letter from a traffic engineer indicates that vehicle trips will increase from 230 a day to 296 which is not a significant increase. He reviewed several e-mails received in opposition to the amendment. The Planning Commission recommended approval based on traffic not being an issue but it was not unanimous. Single family homes are proposed for the perimeter of the project for feathering with higher density to the inside of the project. The smaller units will be 1300-1500 sq. ft. There are two less units than last year?s request but narrower footprints. Because of the soil conditions, piers will be used. Scott Bowler, Sunwest Development, representing the landowner Kent Heideman, advised that the units will be built on piers due to the blue clay and some of the single family homes will be as large as 2800 sq. ft. Mr. Heideman looked at the reasons the request failed last time and went to great lengths to remediate all problems. The narrower footprints mean shallower roof lines with smaller pitches and less blockage of view corridors. Traffic will be open to both Dixie Drive and Tonaquint Drive. Mesa Palms Drive is designed for 600 trips per hour at pea...

... Mayor Pike returned. He mentioned that he attended a ribbon cutting for Tonaquint Networks at Shadow Mountain Park. PUBLIC HEARING/AMEND CITY C...

...vices Director Kent Perkins provided an update on the Cremation Gardens at Tonaquint Cemetery. AWARD OF BID: Consider award of bid for the Hela...

...of system on the City-owned building located at 1506 S. Silicon Way in the Tonaquint Hills Business Park (DXATC building); 12)To increase the budget f...

...6 to consider: 1) A request to rezone approximately 16.78 acres located on Tonaquint Drive from R3 (Multiple Family) to PD-R (Planned Development Resi...

...ts grants may apply. Councilmember Randall mentioned that the flags at Tonaquint Cemetery are awful. They need to be replaced and need to look gr...

...te Program Locations; Program Elements & Activities; Field Trip Options at Tonaquint Nature Center; Continuing Education Options; Community & City Dep...

...erkins, Director of Leisure Services, was working on a master plan for the Tonaquint area. Cody Schmitt stated there is enough space for another 25 years without including the community gardens area. Mayor McArthur asked Mr. Schmitt if there were a lot of cremations and what it would take to have a columbarium at the Tonaquint Cemetery. Mr. Schmitt said there are a lot of cremations and...

...he City Council to join them on a site visit tomorrow at 11:30 a.m. in the Tonaquint Valley. The Mayor invited the City Council to take a site visit to the new airport site tomorrow at 10:00 a.m. FINAL PLATS: Todd Jacbosen explained that the Planning Commission recommended approval of three final plats: (1) Pelican Hills Condominiums Phase 2 in which eight buildings were condensed into three, located on the west side of Dixie Drive at 810 South Dixie Drive; (2) Painted Desert Professional Plaza with six condominium pads located at the northwest corner at the intersection of 2450 South and River Road; and (3) Red Cliffs Park Phase 1 with 12 residential lots located at 2030 East and 1150 North. St. George City Council Minutes November 20, 2008 Page Three MOTION: A motion was made by Council Member Almquist to approve the final plats and authorize the Mayor to sign them. SECOND: The motion was seconded by Council Member Pike. VOTE: Mayor Pro Tem Allen called for a vote and all voted aye. The motion carried. CONDITIONAL USE PERMIT: Consider approval of a conditional use permit to construct a one story 100 sq. ft. utility building near the west end of Navajo Street in Bloomington. Rio Virgin Telephone Company, applicant. And Consider approval of a right-of-way lease agreement between the City and Rio Virgin Telephone and Cablevision Company. City Planner Ray Snyder explained the request is also to have an outside generator as well as the proposed building. The property is zoned Open Space. He displayed a vicinity map and site plan. There is an associated lease for the line in the right-of-way which connects with Tonaquint. This utility serves Mesquite and no service will be provided to ...

...ing by area and that in the coming year they would be concentrating on the Tonaquint area General Plan. He said that they had also reduced budget amounts for the Chamber of Commerce and for the Washington County Economic Development Council. Mr. Nicholson went through a list of tasks that are planned for the upcoming fiscal year which included Zoning Code updates; Tonaquint Area General plan update; Sign Code amendments; IHC/City Housing ...

... explained staff has been working on two sub-areas - Little Valley and the Tonaquint area. The Tonaquint plan is complete and will go to the Planning Commission in Octobe...

...there is more damage than was anticipated. The flood repair project by the Tonaquint Cemetery is under design. Ms. Brklacich advised that the erosion repair project by the Millcreek generating facility might go beyond the window, and bids will be opened today for the rip rap repair by the Springs and Brown Commercial Center. Public Works Director Larry Bulloch advised that FEMA funds have been obtained for all bridges. City Manager Gary Esplin advised that two mitigation projects have been approved by the State - one at Sunbrook and one at the Millcreek generating facility, but there has been no word yet from FEMA on these two projects. PRESENTATION FROM THE WASHINGTON COUNTY SCHOOL DISTRICT: Craig Hammer reported that the School District has purchased property off 2450 and 3000 East, an elementary school is needed between Riverside Elementary and Little Valley Elementary, and another new school is needed in Hurricane. They are still looking for property in the Tonaquint area, as well as for property for an intermediate school site in ...

... of the turn near the bridge in the area between Southgate Golf Course and Tonaquint Park. He also inquired about the armoring and whether it will remain at the current river depth. Mr. Rosenberg stated the design would be similar and that the armoring is approximately 8 feet in the ground from where the slope changes. Councilmember Almquist inquired if the design is similar to the redesign of the sewer near the Virgin River. He asked if the channel is eroding or staying about the same and if 8 feet was sufficient. St. George City Council Minutes December 6, 2012 Page Four Mr. Rosenberg stated the channel fluctuates. He explained the Santa Clara River is a sand bed river and as it floods, sediment moves through the river system. The 8 foot depth is about as deep as it could be. Councilmember Almquist asked if vertical gabian baskets will be used in the design. Mr. Rosenberg answered yes, the design includes gabian baskets as well as enclosed rock. Councilmember Almquist inquired if gabian baskets will also be used in the up slope protection area. Mr. Rosenberg explained a thinner basket called a reno mattress will be used on the slope and has NRCS riprap underneath. Councilmember Almquist stated that design is similar to what was put in at Zion National Park 50 years ago. Mr. Rosenberg stated he has seen gabian walls in the Virgin River as well. Councilmember Almquist inquired if the same design will be used at Millcreek. Mr. Rosenberg stated Millcreek is only a rock riprap. He explained gabian baskets are mitigation upgrades. When FEMA comes in to do a repair, and the funds are available gabian baskets are used. All of the Santa Clara projects were done using gabian baskets, however the Virgin River project did not use them except in critical areas near homes and trails. The Millcreek project will use a similar MRCS design. Councilmember Almquist asked what size of rock will be used. Mr. Rosenberg stated the rock will be a D50 of 24 inch so it has rock from 40 inches to a foot in the gradation. Councilmember Hughes arrived. Mr. Rosenberg explained the slope is prepared using filter cloth so that soil does not migrate through the fabric and rock. Councilmember Almquist inquired if the design could include a segment of approximately 30 feet to include large rock near where the Virgin River meets the wall. Mr. Rosenberg stated in order to keep the flow from getting behind the wall, the rock in turned perpendicular to the bank and large rock is used on the bottom. Councilmember Almquist stated the river can move rocks no matter the size. He asked City Manager Gary Esplin if the City owned the large lava rocks that are just off Riverside Drive. Mayor McArthur stated the rocks were located on the former Gary Pierce property. City Manager Gary Esplin stated the City does own the rock. Councilmember Almquist asked Mr. Rosenberg if those rocks would be used. Mr. Rosenberg explained that while large rock provides great protection small rock is needed to fill in gaps. City Manager Gary Esplin clarified there are two contracts. The costs listed on the agenda are for the total cost of the project, Millcreek at $63,770 and Sunbrook at $51,425. Although the Council has approved the City’s match of 25 percent, the entire contract has to be approved. Mayor McArthur stated Councilmember Bunker will need to change her motion to the correct amount and that both contracts can be included. Councilmember Bunker inquired if the motion could be changed to the correct amount. City Manager Gary Esplin explained the Council needs to approve the two mitigation HMGP grant projects to Rosenberg for the stipulated amounts including the City’s 25 percent match. St. George City Council Minutes December 6, 2012 Page Five AMENDED MOTION: A motion was made by Councilmember Bunker to amend the motion to reflect the entire amount including the City’s 25 percent on both items. SECOND: The motion was seconded by Councilmember Almquist. VOTE: Mayor McArthur called for a vote, as follows: Councilmember Bunker - aye Councilmember Almquist - aye Councilmember Pike - aye Councilmember Hughes - aye The vote was unanimous and the motion carried. STAFF REPORT: Presentation of the annual fiscal year audit. Steve Palmer with Hinton Burdock who has assisted with the City audit for approximately 10 years formally announced a successful completion. As in all previous audits, the City has been issued an unqualified audit and in their opinion, all of the City’s financial statements are materially correct. In addition, they have issued an unqualified opinion on the City’s compliance with federal and state requirements. He explained when an audit if found unqualified, that means there are no issues. He stated the financial statements will be sent to the State of Utah as well as the Federal Audit Clearing House. He thanked the City’s finance personnel and Council for allowing them to be of service to the City. Mayor McArthur stated he appreciated the City’s financial team. Councilmember Bunker commented she appreciates the audit. It is rewarding to have a clean bill of health for the City. LIQUOR LICENSE: Consider approval of a club liquor license for the St. George Dixie Elks at 630 West 1250 North. Thomas Franklin Auffhammer, applicant. Mayor McArthur advised that the request is not for a new license just a change of license holder. MOTION: A motion was made by Councilmember Pike to approve the liquor license. SECOND: The motion was seconded by Councilmember Bunker. VOTE: Mayor McArthur called for a vote, as follows: Councilmember Bunker - aye Councilmember Almquist - aye Councilmember Pike - aye Councilmember Hughes - aye The vote was unanimous and the motion carried. SPECIAL EVENT PERMIT: Consider a request for waiver of a special event fee for a radio control flying event. Darrel Jensen, St. George War Birds, applicant. Business License Specialist Shiloh Kirkland advised there will be 2 events held near the Wastewater Treatment Plant on February 21-24, 2013 and October 18-19, 2013. Mayor McArthur stated last year Council talked about approving an entire year. The property being used is next to BLM. Councilmember Almquist stated this event has never caused issues in the past and will have sufficient parking. MOTION: A motion was made by Councilmember Almquist to approve the fee waiver. SECOND: The motion was seconded by Councilmember Hughes. VOTE: Mayor McArthur called for a vote, as follows: Councilmember Bunker - aye Councilmember Almquist - aye Councilmember Pike - aye Councilmember Hughes - aye St. George City Council Minutes December 6, 2012 Page Six The vote was unanimous and the motion carried. City Manager Gary Esplin explained the only issue has been with RV parking overnight. The City will monitor that and will work with the individuals. SPECIAL EVENT PERMIT: Consider approval of a special event permit for a zip line. Bryce Payne, applicant. City Manager Gary Esplin advised the permit was approved last year. Since this is a deviation from normal business, staff felt like the request needed to go before Council. He asked the applicant to make his presentation. Bryce Payne, applicant, explained the zip line was in place in April and May of this year and has been taken to various large events around the country. He would like to continue to bring the zip line to the City during gaps in their schedule, however it is cost prohibitive because of the fees. He would like to find a way to alleviate a portion of the fees by getting a fee waiver or reduction. The cost to run the zip line is approximately $6,000 for the event fee and $3,000 for taxes. He stated Washington City has a permit fee of $50. Councilmember Bunker inquired how long the event would last. Mr. Payne stated he would like to have the zip line in place from now until February 8, 2013. Councilmember Bunker commented the zip line seems like so much fun on property that does not have much use. She inquired if there was another category this would fit rather than a special event. City Manager Gary Esplin responded there was not another category. Mr. Payne stated the zip line has received incredible reviews and they were asked to bring it back again; however, they lost money the last time. City Manager Gary Esplin explained the Council can deal with fees. The business does not have a location, nor does it have property taxes like a normal business. Fees can be approved each year at whatever amount Council sees fit, however, Council cannot approve the zip line to return every year, the request needs to reviewed each year. He stated a special category can be set to change the fee to an annual fee. Under the existing ordinance, since this type of business is a transient, it can only fit into this category and is limited to hold so many events per year. Mayor McArthur inquired if Council could approve the request to get the applicant started and revisit the fee issues after some research. City Manager Gary Esplin stated he believes that can be done, however by the time a study is done the event will be over. In the past the City charged the applicant $75 per day. Council can set a different amount. Mayor McArthur asked the applicant about the fee in Washington City. Mr. Payne stated Washington City charges a one time special event fee of $50. City Attorney Shawn Guzman arrived. Councilmember Hughes asked the applicant what he would like to see be done regarding fees and when the event can take place. Mr. Payne explained to be cost effective, the zip line needs to be in place for a couple of months. Currently, the standard fee is $150, last time they were here Council reduced the fee to $75 per day, which is still cost prohibitive. He would like a fee waiver or a set flat amount. Mayor McArthur inquired how much the applicant had to pay last year. Mr. Payne replied they paid $3,000. Councilmember Bunker stated she would like to see a set fee if possible. The City does not receive anything from the property and does not have to do much other than have the Police Department monitor the area. St. George City Council Minutes December 6, 2012 Page Seven Mr. Payne explained they set up the zip line and they have insurance. Ms. Kirkland stated Mr. Payne would like to pay the fee on a weekly basis. The consensus of the Council is that would be fine MOTION: A motion was made by Councilmember Bunker to approve the special event permit at a rate of $50 per day to be paid weekly. SECOND: The motion was seconded by Councilmember Almquist. VOTE: Mayor McArthur called for a vote, as follows: Councilmember Bunker - aye Councilmember Almquist - aye Councilmember Pike - aye Councilmember Hughes - aye The vote was unanimous and the motion carried. SET PUBLIC HEARINGS: City Planner Ray Snyder advised that the Planning Commission recommends public hearings be scheduled for December 20,2012 to consider a zone change request from PD-R to R-1-10 on 32.92 acres located west of Pioneer Road and southwest of the Las Colinas Phases 1 through 4 subdivisions. MOTION: A motion was made by Councilmember Pike to set the public hearings as recommended. SECOND: The motion was seconded by Councilmember Bunker. VOTE: Mayor McArthur called for a vote, as follows: Councilmember Bunker - aye Councilmember Almquist - aye Councilmember Pike - aye Councilmember Hughes - aye The vote was unanimous and the motion carried. FINAL PLAT: Todd Jacobsen presented the final plat for Desert Willow Phase 1 to create a 17 lot single family subdivision on 12.86 acres. The property is zoned R-1-8 and is located at 360 North Street and Westridge Drive. Mayor McArthur asked Council for a motion to approve and allow him to sign the final plat. MOTION: A motion was made by Councilmember Hughes to approve the final plat and authorize Mayor McArthur to sign. SECOND: The motion was seconded by Councilmember Almquist. VOTE: Mayor McArthur called for a vote, as follows: Councilmember Bunker - aye Councilmember Almquist - aye Councilmember Pike - aye Councilmember Hughes - aye The vote was unanimous and the motion carried. PRELIMINARY PLAT: Todd Jacobsen presented the preliminary plat for Sun River Phase 32 to create a 34 unit single family residential subdivision on 12.86 acres and is located northwest of Whitestone Drive and Grapevine Drive. Density is 2.46 dwelling per acre and zoning is PD-R. The general plan calls this a low density residential area. Because of the existing topography, the developer is proposing a number of rock walls that vary in height from 6 to 7 feet. In addition, the interior streets in this subdivision will be 30 foot private roadways. The developer will be required to provide a drainage channel at the top of these walls to collect runoff from the hillsides. Mayor McArthur asked if this is in the gated area. Mr. Jacobsen stated it is not in the gated area, however, it is nearby. St. George City Council Minutes December 6, 2012 Page Eight Councilmember Bunker inquired if the walls are retaining walls and will they be in the back of the property. Mr. Jacobsen stated the walls will be retaining walls and are will be in the back of the property. Scott McCall with Sun River explained the retaining walls will range from 4 to 8 feet tucked into the hillside and will be on both sides. MOTION: A motion was made by Councilmember Pike to approve the preliminary plat as stated. SECOND: The motion was seconded by Councilmember Almquist. VOTE: Mayor McArthur called for a vote, as follows: Councilmember Bunker - aye Councilmember Almquist - aye Councilmember Pike - aye Councilmember Hughes - aye The vote was unanimous and the motion carried. CONDITIONAL USE PERMIT: Consider approval of a conditional use permit for an RV storage facility at 227 West 700 South. Denis Lyman, applicant. City Planner Ray Snyder explained the applicant is requesting to add an outdoor RV storage facility to an existing self storage facility. Zoning is C-3. He presented a slide show which details the area the applicant is wanting to develop. The site plan includes an improved asphalt area, covered canopy areas and landscaping including retaining walls. Mayor McArthur inquired about the height of the walls. Mr. Snyder explained the applicant will be expanding their storage facility business by creating covered outside storage with an emphasis on motor homes. There will be a 6 foot wrought iron fence around the perimeter. Landscaping and color scheme will be similar to that of the existing storage building. The applicant has requested not to develop the road, he is proposing to merge properties together. Along the public street, there will be two 8 foot block retaining walls as well as a 4 foot planter and will have an easement area where the right of way ends. Mayor McArthur inquired if the slope was a natural slope. Mr. Snyder stated he believes it is a natural slope. Mayor McArthur expressed concern because property owners in the area are trying to create a special improvement district since the hill is moving. He wants to make sure what is developed in that area will be stable. Mr. Snyder stated staff is comfortable with this area. A pad has already been cleared. He will bring photographs and have the applicant address the geo-technical nature. Councilmember Pike inquired if the toe of the hill will be cut into. Mr. Snyder replied no. He presented additional pictures depicting the existing storage facility as well as the proposed landscaping, block walls and wrought iron fence. Planning Commission talked about aesthetics of screening and would like the trees to be taller. One option would be to add shrubs, but that may not be a reality since the area is only 4 feet wide. The applicant is requesting to reduce the public utilities easement to 10 feet rather than the 15 feet required. Another item brought up at the Planning Commission meeting was timing of the project. A citizen spoke at the Planning Commission regarding his concerns about erosion near the St. George Shuttle. Planning Commission recommends approval with the following conditions: (1) Landscaping; trees and shrubs shall be installed dense enough to help screen the view of the RV’s from Bluff Street. This shall be verified on the landscaping and irrigations plans submitted during the civil engineering plan check process by staff. Option 1 = trees to be located at lower level as submitted, Option 2 = trees to be located at highest terraced (shelf) level. (2) Erosion Control - Landscaping; erosion control shall be installed to protect the hillside immediately below the landscaped area. This shall be verified on the landscaping and irrigation plans submitted during the civil engineering plan check process by staff. (3) Erosion Control - Site; a drainage report shall be submitted as a part of the civil St. George City Council Minutes December 6, 2012 Page Nine engineering plan check process and verified to be compliant by staff. A storm drainage system shall be designed to drain away storm water to the north in a detention system that will discharge into the Bluff Street storm drain system. (4) Fencing; fencing shall consist of either wrought iron decorative fence or a masonry wall. This shall be verified during the plan check process by staff. (5) Lot Merger; the lots shall be legally merged (the RV covered parking shall become part of the existing improved Monster Storage facility). This merger will provide a business office and will negate the need to improve the roadway in front of the property. The merger shall be completed and recorded before any permitting approval (construction plans or building permit). (6) Access; access shall be through the existing Monster Storage site. (7) Subgrade; the site shall be graded into the subgrade to accommodate the future roadway. (8) Delayed Improvement Agreement; the applicant shall provide for review and approval by the City Attorney’s office a delayed improvement agreement for road and utility improvements. Mr. Snyder read a portion of the findings. Reid Pope, project engineer, explained with regard to the landscaping, they would like to cut the utility easement down to 10 feet to allow for wider planters. Councilmember Pike inquired if Mr. Pope was talking about the rear of the property. Mr. Pope stated he was not talking about the rear of the property, and explained the City allows a 15 foot easement but does not allow block walls in that area. Mr. Snyder showed the picture of the area Mr. Pope was talking about. Councilmember Almquist stated the problem with putting landscaping down below is the public utilities. He inquired about the public utilities shown in the plans. Mr. Pope explained they will have power and telephone conduits. Councilmember Almquist inquired if there were any utilities in the roadway. He stated the road could accommodate some utilities if needed. Mr. Pope stated that normally power is outside of a roadway. Councilmember Almquist stated that the copy of the plans given to Council show 3 planters and believes that will be sufficient. Tall, skinny plants will hide the view of the motor homes. Mayor McArthur inquired if City staff looked into cutting the easement down to 10 feet. City Manager Gary Esplin explained that he does not believe staff looked into that. Mr. Snyder stated that this request came up just prior to the meeting. He did not have a chance to conduct any research; he would have to check City code. Mayor McArthur advised this request may need to be revisited. He is concerned this area will have issues with the hill slipping as this has happened down the road. He stated the slope is still quite steep. Mr. Pope explained AGEC is working on a plan and will have geogrid approximately every two feet. Councilmember Almquist inquired if they will be using 3000 pound blocks and if geogrid will be placed inside. Mr. Pope stated yes they will be 3000 pound blocks. Councilmember Almquist advised if putting geogrid inside, they may have to lengthen the geogrid. Some things that occur when it fails, is that if the walls fall it brings down the grid down as well. Mr. Pope stated they will be letting AGEC determine how the geogrid should be used. Mayor McArthur advised there is not an answer for the setback; therefore, the request may need to be postponed until the next meeting. Mr. Pope stated the set back scenario was an afterthought following the Planning Commission meeting. He explained at the meeting a discussion ensued as to why the road was even there. The road is a 41.5 foot City road. Monster Storage was dedicating property to make a 60 foot right of way. To build the road full width, a St. George City Council Minutes December 6, 2012 Page Ten large retaining wall would have to built. He stated the best thing would be for the City to build a 25 foot road. Mayor McArthur explained the City does not build roads. The property owner would be responsible to do so. Mr. Pope stated the City owns the property. Mayor McArthur stated the City does own the property; however, the property owner will still have to improve their frontage. Mr. Pope inquired who will develop the other side. City Manager Gary Esplin advised the City has dealt with this issue in other areas of the City such as along the freeway where there is not another property owner to share the cost of the road. Mr. Pope stated the City owns 41.5 feet. Councilmember Almquist stated the road will serve as a back up road for closures and will not be double loaded. He inquired how much of the roadway is the applicant building. Mr. Pope explained they are looking to receive waivers to not build the road at this time. Curb and gutter has been installed, but the road is not paved. City Manager Gary Esplin advised the previous agreement stated when the next phase of the existing Monster Storage is complete, the road will be built. He asked City Attorney Shawn Guzman to confirm. City Attorney Shawn Guzman stated that is correct. He believes that is why the roadway was dedicated and not installed. The City had an agreement with Monster Storage to allow them to complete the next phase prior to building the road. City Manager Gary Esplin stated staff is not interested in building the road right now since there is not much use for it at this time. The City’s concerns on building the road are the financial resources of the individual(s) that will be paying for the installation. He believes it would be premature to install the road right now; however, since it is on a plat, it needs to be accounted for because it may be needed in the future. City Attorney Shawn Guzman advised per the agreement, 25 feet of asphalt roadbase would have to be installed. Mayor McArthur stated north of St. George Boulevard, years ago, there were items that were platted and not installed. Since they were not, there is no way to get from City Hall to 3th or 4th East. He agrees with City Manager Gary Esplin that the road does not need to be installed right now; however, he feels a decision needs to be made on what the plan will include. Councilmember Pike advised there also needs to be a plan for payment. Councilmember Almquist stated Mr. Pope has come up with some good solutions. He believes the road does not need to be that wide. In addition, he feels rather than a 2 to 1 slope, it could be a 1 to 1 slope. If the road was narrower, a portion of the utilities could be brought further out. In addition, if the roadway below weren’t tied to the width the applicant is trying to design around, that would be a solution to the slope. The hydrology of the slope would change when more plant material and more water are present. Where the curb and gutter end, that could be moved to the east a bit and allow for an additional 10 feet. Mr. Pope stated he originally was going to propose something narrower. Currently, the plan includes a 60 foot right of way, taking more property from Mr. Lyman. The pavement width of 35 feet is standard in a 50 foot right of way. He explained the least expensive solution would be to slide a bit to the east side of the hill, which would help the issue with the slope however, if and when the road is built, it is probably better to leave it where it is. Councilmember Almquist indicated he believes the road does not need to be a 60 foot road. The narrower the road, the more it prohibits parking. To assist in the retention of the hill, he feels there needs to be gutter along the roadbase even if it isn’t paved at this time. St. George City Council Minutes December 6, 2012 Page Eleven Councilmember Pike stated he feels it is very important to get this right. Mayor McArthur stated he doesn’t know if there is enough information to make a decision at this time. City Manager Gary Esplin advised the item can be tabled for a week to be scheduled for a work meeting to give Mr. Pope additional time to work on designs as well as engineering staff to be present. He stated a decision needs to be made as to the real intent of the road in addition to the need for the roadway including some alternatives. He apologized for delaying the project, but feels Council is not prepared to approve the request at this time. Mayor McArthur inquired if tabling the item for a week would hurt. City Manager Gary Esplin stated the work meeting can be made an official meeting so that if Council is prepared to approve the request at that time, they can do so. Councilmember Almquist stated he and Mr. Pope have worked together on hillside issues previously. A solution would be to lower the entire site and move one of the walls to the rear. Doing this would retain the back wall as well as lessen the view of the RV’s which was a concern with the Planning Commission. Mr. Pope explained there is a 48 inch drain to detain the water and have it drain to the north rather than south on the surface. Councilmember Almquist stated he believes there is a way to design the plan to make it work. City Manager Gary Esplin advised he would like Mr. Pope to have a discussion with staff before the next meeting to have some of these issues worked out. Mr. Pope indicated he would speak with staff to try and work something out regarding the width of the road. City Manager Gary Esplin stated why the road is 60 feet should also be looked as well as the intent and necessity of the road. Mayor McArthur stated all properties need to be protected. MOTION: A motion was made by Councilmember Pike to table the request until the meeting next week. SECOND: The motion was seconded by Councilmember Bunker. VOTE: Mayor McArthur called for a vote, as follows: Councilmember Bunker - aye Councilmember Almquist - aye Councilmember Pike - aye Councilmember Hughes - aye The vote was unanimous and the motion carried. Mrs. Diane Lyman, owner of the properties, explained one of the reasons the City asked them to combine the properties is because it would be an easier situation for the City. To them, it does not make a difference. If the properties were combined, there would be much less of a problem cutting into the hill. Their property can be accessed with the original road and is already a gated area for security. She stated if the City requires them to drop the parking area 8 feet it would be a tremendous expense to remove the dirt. Mayor McArthur stated that was just one suggestion. Mrs. Lyman explained timing is important and feels there is no reason to have additional road access; that would involve additional security gates and expense. Mayor McArthur stated that is only one item that was mentioned. He explained all parties need to come up with some other ideas before the next meeting. Mrs. Lyman stated other property owners in that area stated they do not have a need for the road. City Manager Gary Esplin explained one of the property owners may have a need for the road in the future since parking on that particular business is not adequate. St. George City Council Minutes December 6, 2012 Page Twelve Mrs. Lyman explained the road does not go that far. City Manager Gary Esplin stated the City can require a development to dedicate a roadway. Mayor McArthur advised all parties involved can have the discussion at a later time. PUBLIC HEARING/ZONE CHANGE/ORDINANCE: Public hearing to consider a zone change from PD Employment to PD Commercial on 1.89 acres to allow for development of a self-storage facility, outdoor RV storage, and private condominium hobby garages on 8.46 acres in the Sun River project. Sun River, applicant. City Planner Ray Snyder advised the request is the fifth amendment to the project and read excerpts from the Amended Zone Change Application No. 5 for the Sun River Planned Development (PD). He explained there are 2 requests; the first is for the zone change and the second if for a zone change amendment to add private hobby garages as a use. In addition, he presented maps and pictures depicting the layout. The applicant is requesting to complete the project in phases. Planning Commission has seen different generations of the proposal before coming to Council. He gave a bit of history of what has been presented previously to the Planning Commission. The plan includes 180 outdoor RV units to be accessed 24 hours a day with a key pad entrance, 34 self storage units and hobby garages. Councilmember Bunker inquired if the garages will have windows. The applicant stated there will not be any windows. Mr. Snyder explained the landscaping will be trees and shrubs with drip systems, no lawn turf will be permitted. There will be a 15 feet of landscaping along the frontage of the public streets. Building heights will not exceed 22 feet consisting of stucco and concrete tile roof. Mayor McArthur opened the public hearing. There being no public comment, he closed the public hearing. Councilmember Bunker commented she thinks hobby garages are a good idea; there may be a lot of need for them. MOTION: A motion was made by Councilmember Pike to approve the zone change from PD Employment to PD Commercial by ordinance. Mr. Snyder clarified the zone change would be from PD to PD Commercial since the City does not have that designation. Councilmember Pike amended his motion as per the clarification. SECOND: The motion was seconded by Councilmember Bunker. VOTE: Mayor McArthur called for a roll call vote, as follows: Councilmember Bunker - aye Councilmember Almquist - aye Councilmember Pike - aye Councilmember Hughes - aye The vote was unanimous and the motion carried. PUBLIC HEARING/ZONE CHANGE/ORDINANCE: Public hearing to consider a zone change from R-1-10 Single Family Residential to PD Residential on .31 acres to allow construction of a parking structure with eight parking spaces and a sport court on the parking structure roof at 1811 W. Canyon View Drive. Point Vista Condos HOA, applicant. City Planner Craig Harvey advised the request is to change the zone on one lot that is currently zoned R-1-10 and to amend the zone for the PD Point Vista Condos. He presented several photos which showed the location of the lot, site plan and adjacent properties. He explained although the lot is currently vacant, it previously had a single family home that was demolished due to problems resulting from the expansive soils on the site. The proposed set backs are approximately 30 feet in the front and 25-30 feet in the rear. He explained the request was tabled at previous Planning Commission meetings because more information was needed. In addition, St. George City Council Minutes December 6, 2012 Page Thirteen the Planning Commission advised the applicant to move the parking structure closer to the existing condos. It was moved about 10 feet to give a greater setback to the property owners to the north. He presented a photo showing how the adjacent property to the north would be in relation to the sport court. He stated the sport court will have retaining walls with chain link fencing around the front and on the side that faces the existing home. The height of the fence will not exceed 12 feet per the ordinance. During the Planning Commission meeting, the homeowner requested, and the Planning Commission agreed, a barrier or screen be installed for privacy. Fencing on the Las Palmas side will be approximately 8 feet. Retaining walls will be installed to help prevent further erosion to the Las Palmas property. Landscaping will match the existing Point Vista landscape. Councilmember Almquist inquired if staff has heard from the property owner to the east. Mr. Harvey stated yes, the property owners have requested the parking structure be moved toward Point Vista. They have spoken with Mr. Shaw regarding shrubs being planted to maintain their privacy. Jeff Shaw, president for Point Vista Condos HOA, stated the condos were purchased for vacation properties. He explained, at this time, they do not have covered parking at their location, however, they have an offer to purchase the property to build the parking structure. They have concerns regarding the cliff along the Las Palmas property with erosion; they would also like to clean up the property. Councilmember Bunker pointed out the previous home had to be demolished because of blue clay. She asked Mr. Shaw what kind of assurance does he have that this will not be an issue with the proposed structure. Mr. Shaw stated he has been working with a geo-technical engineer who has performed several studies in the area. The solution is to over excavate approximately 10 feet below the surface and bring in an engineer to fill. With regards to the home that was formally there, the engineer stated the soil was not prepared properly. Councilmember Bunker stated she knows of several buildings that have over excavated and still had issues. She is concerned that if the request is approved there may be soil issues in the future. Mr. Shaw stated he can appreciate her concerns. There is quite an investment in this project and they want things done right. Councilmember Bunker inquired if additional inspections will be done once they reach the 10 feet. Mr. Shaw explained there will be engineering site visits and inspections done along the way. City Manager Gary Esplin asked Mr. Shaw if there was a reason piers were not being used. Mr. Shaw stated if piers were used, the garage floor would need to be suspended as well. It is being done this way because it is the most cost effective. In addition, this is what the engineer recommended. City Manager Gary Esplin stated he owns a house approximately 500 feet away. He explained Sunbrook had been over excavated and filled with the best fill available; now the foundations are being removed and replaced. As a citizen living in the area, he is concerned that over excavating may not be the ultimate solution. Councilmember Pike stated Tonaquint Intermediate School had to over excavate approximately 20-30 feet...

...pproval of the final plat for Beehive Homes located at the intersection of Tonaquint Drive and Mesa Palms Drive. The purpose of the amendment is to add a third lot and adjust the utility easement. The Planning Commission also recommended approval of the final plat for Villa Bonita Courtyards, a 22 lot residential subdivision located north of the Sunbrook Golf Course at 2200 West and 450 North. This plat was previously approved in 2006, but the approval has since expired and needs to be approved again. The Planning Commission also recommends approval of the road dedication plat for 200 West Street located between St. George Blvd. and Tabernacle Street. This plat will complete a culdesac for emergency vehicle access. Along with this portion of 200 West, a vacation of street previously approved by the City will be recorded. MOTION: A motion was made by Council Member Pike to approve the final plats and authorize the Mayor to sign them. SECOND: The motion was seconded by Council Member Almquist. 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 up to 21' in height located at 964 Manzanita Road. Mr. and Mrs. Dave Seely, applicants. City Planner Ray Snyder explained that accessory buildings over 15' in height require a conditional use permit. The subject site is located in Bloomington Gardens. Concerns were expressed at the Planning Commission meeting by the President of the Bloomington HOA, but all issues have been resolved. The Planning Commission recommends approval subject to the following conditions: (1) the garage will be located 18' from the house, 10' from the side yard and 10' from the rear yard property line; (2) the garage is for storage of an RV and will not have bathroom facilities; (3) the garage will not be used for any commercial purpose; (4) the exterior finish will be stucco and the roofing will be an aluminum shake-style shingle that matches the existing home?s roofing material; and (5) the garage will not exceed 21' in height to the top of the ridge. Council Member Pike inquired if the driveway was required to be put in at the time the garage is built. St. George City Council Minutes November 6, 2008 Page Four Mr. Snyder replied this was not discussed. Mr. Seely advised that he planned to put in the driveway at the time the garage is built. Council Member Shakespeare commented that one of the concerns expressed at the Planning Commission meeting was that the Bloomington HOA would prefer that applicants come to them first before the matter is heard by the City Council. The Assistant City Attorney advised the Planning Commission that the City does not enforce CC&Rs and as long as the application meets City requirements, the City will approve it. Mr. Snyder replied that in the future the City will ask an applicant to obtain a letter from the HOA and notice will also be sent to the HOA. City Manager Gary Esplin commented that the City cannot monitor CC&Rs and it does not require that the project be approved by the HOA. Council Member Pike inquired of the applicant if landscaping which was damaged some time ago could be replaced at the time the driveway is installed. MOTION: A motion was made by Council Member Shakespeare to approve the conditional use permit. SECOND: The motion was seconded by Council Member Pike. City Attorney Shawn Guzman inquired of the City Council if they wanted to make installation of the driveway at the same time as building of the garage a condition of approval. AMENDED MOTION: Council Member Shakespeare agreed to amend her motion to include the stipulation that the driveway must be installed at the same time as construction of the garage. SECOND: The motion was seconded by Council Member Pike. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. City Planner Ray Snyder advised that the Planning Commission is planning a field trip to look at a 2000 acre parcel planned to be annexed in the Tonaquint area, and they would like to extend an invitation to the City Cou...

...ment Department has been working on updates to the Little Valley plan, the Tonaquint plan, and updating the City’s general plan. REPORT FROM LEISURE SERVICES DEPARTMENT: Leisure Services Director Kent Perkins advised new carpet is being laid at the Dixie Center and a new access road and parking lot at the Dixie Center is being designed due to the new Dixie Drive Interchange. A new trailhead will be built close to where it is located now. A goal at the City’s tree farm is to plant 1000 trees in the parks system this year. The 4th of July celebration will be held on July3rd this year, along with a parade. Parks Planning is ready to begin construction of a trail at Slick Rock Park and is doing master planning for the JC Snow Park, Worthen Park and Tonaquint Park. They are working with the Virgin River Restoration program ...

...y Residential to Medium Density Residential on 5.92 acres located north of Tonaquint Drive on Mesa Palms Drive and north of and adjacent to the Beehive Assisted Living homes. City Planner Craig Harvey advised that the Planning Commission heard this request on October 14 and recommended denial on a five to one vote. The applicant, Joseph Venuti, has appealed this recommendation to the City Council. The property is currently zoned PD Residential. The General Plan designates the site as Low Density Residential. The original request was approved for 23 single family homes but due to the changing market the applicant would like to increase the units to 46. The units will be owner occupied and range from 1,300 sq. ft. to 1,500 sq. ft. All will have garages. To achieve the desired density the General Plan will have to be changed to Medium Density Residential. It is important to note that the applicant is not applying to build twin homes yet, as that requires a zone change amendment. Medium density allows up to nine units per acre. The General Plan is a macro view of the City, not a micro view. He then showed photos of the site and advised that, if approved, a traffic impact study will be required as part of the zone change. Several letters in opposition to and in favor of the project have been received. Joseph Venuti, applicant, advised that Beehive Homes is located within a PD Commercial zone. Everything to the south is over 12 units per acre. Dan Steurer, who is involved with Beehive Homes, is a big supporter of the proposed project. He advised his project would be similar to the Legacy at Southgate project. He advised he met with most of the adjacent property owners and their response to the project was positive. The one thing they wanted to protect was their view and the proposed buildings will not block their view. He stated all he was asking the City Council to do was approve the same plat except with twin townhomes. The park area will remain the same. There is clay in the St. George City Council Minutes January 22, 2009 Page Six area and it costs a lot more to build on clay. There has been a lot of misinformation about the project. Council Member Allen inquired if the applicant had renderings of the project as it might help the adjacent neighbors to see what the project will look like. Mr. Venuti replied he did not have any because he did not know if the General Plan amendment would be approved. Council Member Almquist commented that if the homes are piered and the property excavated properly with smaller yards, it is easier to deal with clay in a higher density situation. In some situations like this where the homes will be built on clay, it makes sense to have higher density so there is the ability to divert water away from the site. Mr. Venuti advised that he would not be opposed to any restriction the City Council might impose. The 1,300 sq. ft. units will be single story. The others will be single story from the front with walk-out basements. Mayor McArthur opened the public hearing. Steve Sargent, a resident at 843 W. Crystal Drive, advised that he lives on the crest of the hill above and adjacent to the proposed project. He expressed concern that his view would be obstructed, and the nearby vacant land is infested with tumbleweeds. He stated he was told by the Steurers that the proposed site would be single family homes and not intensified by tiering and the view destroyed. He stated he was opposed to the request and did not want his property value diminished or problems with traffic increased, as well as problems with runoff and the clay. He stated the applicant should use the original plan for single family one level units. Mr. Venuti explained that Mr. Sargent is one of the nearby residents who he has not been able to speak with. If the project remains single family homes, there is nothing to limit him to single story units as the ordinance allows building to 35' in height. However, he is willing to build only single family homes directly beneath Mr. Sargent?s home. If view is the concern, it does not matter if the homes are single family or multi family. There being no further public comment, Mayor McArthur closed the public hearing. Council Member Pike inquired if there was discussion at the Planning Commission meeting by adjacent properties based on their existing zoning. Council Member Shakespeare replied there was not much discussion about this. Community Development Director Bob Nicholson advised that most of the residents who attended lived in Mesa Palms. The main point discussed was the height of the homes. The current zoning is PD Residential, and there is a possibility at the time it was zoned that the project was restricted to single level homes, but he would have to check the records. There is not an entitlement to build to 35' unless the PD project was approved that way. Council Member Shakespeare expressed concern with the proposed project as it is spot zoning. The City does not know what will happen with the SITLA land. There is already high density zoning adjacent to the project site, and while she can understand the builder?s concern with the cost factor, the City has to look at it from the perspective of what the entire area will be down the road. Council Member Bunker commented it was not the City?s responsibility to protect the view shed for neighbors. She expressed concern that there is already high density in the area, when it was planned to be low or medium density. She also expressed concern that the area is being spot zoned. Council Member Almquist inquired of Deputy City Attorney Paula Houston if this request constituted spot zoning. St. George City Council Minutes January 22, 2009 Page Seven Deputy City Attorney Paula Houston replied that spot zoning is zoning a small area - this site is over five acres. Whether it would fall in that definition or not, she did not know as it is a personal interpretation and there is no specific definition. However, valid issues to consider are whether the City Council wants zones that small in this area and the consequences. Council Member Almquist commented that the Beehive Homes project is higher density and is less than 500-800' away. From a building perspective the clay in this area is extremely difficult to deal with and the more open ground there is the more chance there will be for water to enter the ground, therefore density actually helps deal with the clay. He stated he did not think the proposed project was high density and if the view shed on Crystal Drive is protected, he did not see a problem with the proposed number of homes. Council Member Shakespeare inquired what would prohibit the property across the street from doing the same thing, etc. Council Member Almquist replied that the homes backed up to Crystal Drive will have to have retaining walls and piers. There are no homes to the west. Homes on Crystal Circle are not built on piers. The proposed homes will have twice the amount of protection. Council Member Pike expressed concern with the request for economic purposes as the City could be faced with all kinds of these requests. He stated he had the some concerns as Council Member Shakespeare. Council Member Allen commented the City Council should not consider the request based on economics but on whether it is a proper use for this property and if it fits in the area. The area was originally proposed as an RV park. Council Member Shakespeare commented there is already 10 acres of high density in the area and no one knows what will happen with the nearby SITLA land. Council Member Allen commented it is nice to mix densities to achieve the normal feel of neighborhoods. She stated she felt the proposed project would be a nice addition to the neighborhood. Council Member Almquist commented a question exists if this PD zone will allow homes to be built to 35'. The second question is if high density is allowed in this area according to the General Plan Map. Council Member Pike replied there are high density apartments up the street. City Manager Gary Esplin advised there is 10 acres of R-3 zoning on Tonaquint Drive. Council Member Pike commented in the letters received ...

...ing. APPROVE CHANGE ORDER: Consider approval of a change order to the Tonaquint Drive construction contract. Purchasing Manager Connie Hood recommended approval of a change order in the amount of $320,302 to the contract with Sunroc for additional pavement requirements not in the original contract. Budget and Financial Planning Manager Deanna Brklacich explained that the new roundabout will not be needed due to the relocation and realignment of Dixie Drive. $400,000 was budgeted for the roundabout from the Transportation Improvement Fund. MOTION: A motion was made by Council Member Bunker to approve the change order 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. APPROVE CHANGE ORDER: Consider approval of a change order for the airport water line. Purchasing Manager Connie Hood recommended approval of a change order to the wastewater line contract with Alliance in the amount of $101,102.11. Water Services Director Barry Barnum explained that Alliance was given the original contract to design a sewer line up to a certain point, and Horrocks was given a contract to design an internal sewer line to hook to the line designed by Alliance, but for some reason a 6,670' section of line was eliminated from the design contract with Horrocks. MOTION: A motion was made by Council Member Allen to approve the change order 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. AWARD OF BID: Consider award of bid for a swivel vac system for the Water Department. Purchasing Manager Connie Hood explained this item aids in turning frozen or corroded valves on and off. She recommended award of the bid in the amount of $43,997 to Intermountain Sales. 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 CHANGE ORDER: Consider approval of a change order to the blanket purchase order with Western Rock for cold mix. St. George City Council Minutes January 24, 2008 Page Two Purchasing Manager Connie Hood explained that there have been a lot of unexpected emergencies in the Streets Department, Wastewater Department, and other departments, and in order to have enough cold mix to cover the remainder of the fiscal year, it is recommended that $100,000 be approved to cover the City?s needs for the next five months. This amount will be split between the different departments using the cold mix. The amount is for material only. MOTION: A motion was made by Council Member Allen to approve the change order 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. APPROVAL OF CONTRACT AMENDMENT: Consider approval of an amendment to the engineering contract with PBS&J at the Replacement Airport. Purchasing Manager Connie Hood explained that first phase costs exceeded available funds, therefore documents have to be redone and specification packages reissued to cover drainage work, in the amount of $280,000. Budget and Financial Planning Manager Deanna Brklacich explained that as more is being known about revenues coming in, staff is trying to do a re-analysis of the construction budget and has asked PBS&J to look at an alternative budget. Mayor McArthur explained the City is simply prioritizing the work needed and this is the cost to do that. Airport Manager Mike LaPier explained that the design has been completed but the budget numbers came in differently than the projects. Staff asked PBS&J to give the City some flexibility to accept alternatives and options for increased work which will ultimately be needed, but not at the time of the airport opening. 95% of the cost is reimbursable from the FAA. MOTION: A motion was made by Council Member Bunker to approve the contract amendment 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. Council Member Almquist inquired if there was a mechanism to guarantee that all contractors who do work for the City have certified payrolls and are following the I-9 process. To honor public opinion, the City should make sure their payrolls are certified. City Attorney Shawn Guzman replied that there are laws requiring them to verify social security numbers and to make sure everyone is properly documented. The City could begin inserting into its contracts a requirement that the contractor certify they are following federal hiring law so that they take it seriously. Council Member Almquist replied that he would appreciate this being applied in the City. City Attorney Shawn Guzman replied that he would draft certification language for the Council?s review. Budget and Financial Planning Manager Deanna Brklacich advised that the Purchasing Division is in the process of reviewing its policies and procedures and has a good example of the verbage to insert into contracts. The language states that contractors will follow the Immigration Reform Act requirements. Mayor McArthur invited a Scout in the audience to introduce himself. APPROVAL OF LEASE: Consider approval of the renewal of the FAA ground lease for a 7' x 9' office in the St. George Municipal Airport terminal building. Budget and Financial Planning Manager Deanna Brklacich explained the lease rate will be $120 per year and the current lease expires December 31, 2008. St. George City Council Minutes January 24, 2008 Page Three Airport Manager Mike LaPier explained the lease rate is the same rate charged in the past with a small adjustment. MOTION: A motion was made by Council Member Bunker to approve the lease. 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 LEASE: Consider approval of a non-commercial airport property lease with Amicorp Enterprises, Inc. Budget and Financial Planning Manager Deanna Brklacich explained the lease is a three year lease ending December 31, 2010. The lease contains a clause allowing it to be terminated when the airport is moved to its new location. Airport Manager Mike LaPier advised that this is a renewal of an existing lease. MOTION: A motion was made by Council Member Bunker to approve the lease. SECOND: The motion was seconded by Council Member Shakespeare. Mayor McArthur clarified that any approval is subject to legal review. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. SET PUBLIC HEARINGS: Community Development Director Bob Nicholson explained that the Planning Commission, at its meeting held January 22, 2008, recommended public hearings be scheduled for February 7, 2008 to consider approval of four preliminary plats: Blue Heron Run, Clear Creek Ranch Phase 2, Beveridge Parcel, and a minor subdivision located at 720 South Indian Hills Drive. Mr. Nicholson advised the Planning Commission also recommended that public hearings be scheduled for February 21, 2008 to consider (1) a zone change from A-1 to RE-37.5 on 7.38 acres located at 3670 South Little Valley Road, (2) a zone change from R-1-6 and R-1-10 to PD-AP on 3.877 acres located at 2200 East Riverside Drive, and (3) an amendment to the St. George City Code to define circumstances in which churches would be permitted in residential zones. MOTION: A motion was made by Council Member Allen to set the public hearings as recommended. SECOND: The motion was seconded by Council Member Bunker. Council Member Almquist inquired about the definition of ?church?. Council Member Bunker suggested that perhaps the State has a definition for tax status reasons. City Attorney Shawn Guzman replied that he would look into it. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. APPROVAL OF FINAL PLAT: Todd Jacobson advised the Planning Commission recommended approval of the final plat for Tonaquint Heights Phase 1 with 23 residential lots located at 1200 West and...

...NGE ORDER: Consider approval of a change order for project management on Tonaquint Drive. Purchasing Manager Connie Hood explained that because the project extended past the original five month period, a change order was needed to cover additional construction management services. City Manager Gary Esplin stated that because the project was not completed on time the additional costs would be offset with liquidated damages against the contractor. Council Member Allen asked how long it would take to get the liquidated damages. City Manager Gary Esplin stated that they were withholding payment so it wouldn?t be a problem. MOTION: A motion was made by Council Member Allen to approve the change order in the amount of $11,000 to Alpha Engineering for project management on Tonaquint Drive. SECOND: The motion was seconded by Council Member Bunker...

...ll complex on without impacting soccer. Those areas are near St. James or Tonaquint. Additionally, he mentioned that he asked Support Services Manag...

.... Public Works Director Larry Bulloch advised that dedication of the Tonaquint bridge will be held the first week of August. REPORT FROM MATT...

...ied. PRELIMINARY PLAT: Wes Jenkins presented the preliminary plat for Tonaquint Valley Phases 4 & 6, a 48 lot residential subdivision located at ...

... an Arbor Day celebration will be taking place on Saturday at 9:00 a.m. at Tonaquint. The Veteran’s Committee will be meeting to discuss Veteran...

...lowing topics: Phase II - All abilities park build-out; phase III - train; Tonaquint Nature Center. City Manager Gary Esplin stated adding this pa...

...h Erosion Protection Repair Project from the Santa Clara River through the Tonaquint Center area. Purchasing Manager Connie Hood advised the low b...

...e. Councilmember Almquist expressed kudos to those who are running the Tonaquint Tennis Center as revenue there is up well over 30%. MOTION: A...

...eanna Brklacich advised the budget opening includes: 1) To carry over the Tonaquint Nature Center Grading project approved in the prior fiscal year b...

...rge; 2) be interred or established definite arrangements to be interred in Tonaquint Cemetery; 3) while serving in the uniform of a branch of the Unit...

...ng will be planted by August 15 in order to be open for play on October 1. Tonaquint Drive is being closed next week. The bridge will remain in place ...

... St. George City Council Minutes June 3, 2010 Page Seven Drive and Tonaquint Drive from R-1-8 to PD Commercial be scheduled for June 17, 2010....

...ust north of Beehive Homes at the intersection of Mesa Palms Drive and Tonaquint Drive to allow for development of 53 units to be built on the pro...

... Gary Esplin advised the update and discussion on the cremation gardens at Tonaquint Cemetery will not be presented. Discussion on improvement need...

...h Erosion Protection Repair Project from the Santa Clara River through the Tonaquint Center area. ...

...the Crosby Family Confluence Park, Santa Clara River Trail connection, and Tonaquint Park improvements was held on site. Upon completion of the dedica...

...ge amendment to an existing PD Residential zone at the northeast corner of Tonaquint Drive and Mesa Palms Drive for a Beehive Home which is currently ...

... that when the new parks maintenance facility was proposed for location at Tonaquint, the budget was originally $650,000. The estimate for constructi...

...e inspections of girders for the bridges over the Santa Clara River in the Tonaquint area on Dixie Drive. Because UDOT builds 90% of the bridges in U...

...es, the City will be out of irrigation water at the Southgate Golf Course, Tonaquint Park and cemetery. Their sole source of water is the Santa Clara...

...l include field trips to the preschool site in Bloomington and then to the Tonaquint area by the freeway. A brief discussion was held on the Child...

...at an Arbor Day celebration will be held the last Saturday in April at the Tonaquint Nature Center. AWARD OF BID: Consider award of bid for elect...

...cuments and a marketing and pricing strategy for a cremation garden at the Tonaquint Cemetery. City Manager Gary Esplin explained that this was ap...

...oximately 2240 East and Horseman Park Drive, zoning is RE-12.5 and R-1-10; Tonaquint Valley Phase 3, a thirteen (13) lot residential subdivision locat...

...sign roundabouts for the intersections of 400 East Tabernacle and 600 West Tonaquint Drive. City Manager Gary Esplin advised these items are in...

...ll Abilities Park that people of all ages and abilities can enjoy near the Tonaquint Nature Center. ADJOURN TO A CLOSED SESSION: MOTION: A motion...

...ocated at the northwest corner of the intersection of Mesa Palms Drive and Tonaquint Drive subject to the following conditions: 1. Provide separ...

...ed that the Planning Commission recommended approval of the final plat for Tonaquint Heights Phase 1. Zoning is R-1-40 which allows one home per acre....

...ervices Agreement with Rosenberg Associates for Santa Clara River Trail at Tonaquint Center in the amount of $37,676. City Manager Gary Esplin exp...

...oval of a change order for the community garden parking lot as part of the Tonaquint Park intersection project. City Manager Gary Esplin recommend...

...rking) will be common area. Todd Jacobsen presented the final plat for Tonaquint Heights Phase 1, a three lot residential subdivision located at 1...

... lines to voice-over IP lines. Staff would like to move all servers to the Tonaquint Data Center. The IT Division consists of the Webmaster, technicia...

.... City Manager Gary Esplin advised the area of this project is next to Tonaquint Park by the golf course. MOTION: A motion was made by Council...

...s to look at the possibility of erecting a mausoleum type structure in the Tonaquint Cemetery area. The issue will be discussed in an upcoming work me...

...;     Saturday matches will begin at 8am Where:  Tonaquint Tennis Center Divisions:  Mens combined rating 6.0-7.5...

...5 per person Days Monday & Wednesday Time 7pm to 8:30pm Location Tonaquint Tennis Center 1851 South Dixie Drive      

...a Clara River near the Back Yard Garden Nursery, Brookside Estates and the Tonaquint Office. Permitting requirements have extended the timeline to co...

...less connectivity, VOIP, data security, virtualization, co-locating to the Tonaquint Data Center, and a four year plan. Dave Evans presented a pow...

... Mr. Perkins added the budget requests include the cremation garden at the Tonaquint Cemetery and add additional seasonal employees in the Parks Depar...

...s and the motion carried. AWARD OF BID: Consider award of bid for the Tonaquint Park improvements and intersection relocation project. Purcha...

...mmended denial of a request for a general plan amendment in the Mesa Palms/Tonaquint area. FINAL PLAT: Todd Jacobsen advised that the Planning C...

...pplicant is proposing to condominiumize an existing office building in the Tonaquint Hills business area off Silicon Way. 21 units are proposed. Staff...

...y Residential to Medium Density Residential on 5.92 acres located north of Tonaquint Drive and Mesa Palms Drive. Sunwest Development, applicant. Dan S...

...n 200 North, and (2) approval of a land use master plan for the 1,800 acre Tonaquint area. MOTION: A motion was made by Councilmember Almquist to ...

...y Residential to Medium Density Residential on 5.92 acres located north of Tonaquint Drive on Mesa Palms Drive and north of and adjacent to the Beehiv...

... Page Four ?D?; (3) a request to amend and extend the final plat for Tonaquint Hills Phase 1 Amended and Extended No. 2 to abandon a section of ...

...INANCE: Public hearing to consider approval of an ordinance annexing the Tonaquint Addition, located in the western portion of the City’s future gr...

... Mayor and City Council Members took a tour of the Demonstration Garden at Tonaquint Park. A discussion was held on the possibility of a community gar...

...n City Recorder Gay Cragun SITE VISIT: A site visit was made to the Tonaquint Center building at 1506 Silicon Way. The meeting then resumed...

... PLAT: Public hearing to consider approval of the amended final plat for Tonaquint Terrace Phase 2 Second Amended and Extended Subdivision. Josh Lei...

... District and the City for use of the City’s property adjacent to the Tonaquint Park area for a demonstration garden. A motion was made by Co...

...ing held October 8, 2002, recommended approval of the preliminary plat for Tonaquint Office Campus Phase I. There are three proposed building pads on...

...preliminary plat for a two lot subdivision located at Mesa Palms Drive and Tonaquint Drive. This is part of a PD residential zone which received appr...

...y Esplin explained that originally staff thought a trail was needed by the Tonaquint Business Center, but has since determined that this trail is not ...

.... Final Plats Associate Planner Bradley indicated the item regarding Tonaquint Parkway subdivision has been removed from agenda. He indicated t...

...ver at St. George Phase 11 5. Sun River at St. George Phase 12 6. Tonaquint Hills Phase 1, subject to final review by staff and any necessary...

...be held March 5, 6 and 7 on State School and Institutional Trust Lanes off Tonaquint Drive. United Rock Crawling and Off Road Challenge, applicant. ...

...was offered by City Manager Gary Esplin. The meeting then moved to the Tonaquint Park. DEDICATION OF SANTA CLARA RIVER TRAIL: Leisure Service...

...the South Block, the Ledges and Trails area, and the Lakes and area in the Tonaquint Valley. Each one will require zone changes of some form to fully...

...Esplin recommended that Winston and Associates continue with design of the Tonaquint Park addition since these two parks are tied together. AWARD ...

... $1.6 loss in the summer. AWARD OF BID: Consider award of bid for the Tonaquint Cemetery Sexton?s office. Purchasing Manager Connie Hood reco...

...nt with P.A.W.S. on April 28. The event is the Tails on Trails Dog Walk at Tonaquint Park. P.A.W.S. is also planning to produce a calendar to raise m...

...in 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 ...

...anager Gary Esplin inquired if The Joshuas at Southgate project fronted on Tonaquint Drive. Mr. Nicholson replied that it did, and they would be improving their frontage based on the plat and coordinating with the City. Mr. Esplin commented that the City would work with the developer to close any road improvement gaps on Tonaquint Drive. Council Member Bunker inquired if the streets in Sundo...

...NT TO AGREEMENT: Consider approval of an amendment to the agreement with Tonaquint, Inc. to improve Airport Road. City Manager Gary Esplin expla...

...WAIVER: Consider approval of a special event permit fee waiver for use of Tonaquint Park for the Southern Utah Walk for MS. Christina Hopkinson, appl...

...n Park at $1.8 million, Little Valley Sports Complex at $1.6 million , and Tonaquint Park $2 million.   City Manager Gary Esplin noted the reve...

...rPoint presentation covering the following topics: aerial map; zoning map; Tonaquint Master Plan map; general plan map; and exhibit from applicant.&nb...

...ng designs to limit the lighting off the site.  He commented lives in Tonaquint Terrace; his home has been broken into as has his neighbors&rsquo...

...site plan and building elevation for a proposed office building located in Tonaquint Hills Phase 1, Lot 2, at 1500 South and Dixie Drive. The plan ca...

...River 2.Southern Corridor 3.Red Hills Parkway 4.Dixie Drive widening 5.Tonaquint Drive reconstruction 6.Brigham Road widening 7.Bluff Street wid...

...y the flood, such as the line in Gunlock and the line across the bridge at Tonaquint. Mayor McArthur recommended that a letter of appreciation be...

...gn and construction engineering contract with Rosenberg Associates for the Tonaquint wastewater system. City Manager Gary Esplin advised that this...

...ouncil Member Bob Whatcott SITE VISIT: A site visit was made to the Tonaquint, Bloomington and Desert Hills areas. RIVER MANAGEMENT PLAN: ...

... AWARD OF BID: Consider award of bid for architectural services for the Tonaquint cemetery office. Purchasing Agent Sue Swensen advised that th...

...ast of Mirage Estates and adjacent to the I-15 freeway right-of-way in the Tonaquint area, and to 1461 West Geronimo Street in the Bloomington area. ...

...n took place with regard to zoning, density, and attainable housing in the Tonaquint area. The Planning Commission has invited the City Council to a ...

...to R-3 Multiple Family Residential on 10 acres located on the west side of Tonaquint Drive across from the Joshua’s project, and ALSO to change t...

...fastest route to the new store, and determined that using the back way via Tonaquint Drive is 1.5 miles longer and will add 3-4 minutes to the trip. ...

...d possibly bring water from the fields and take to the Southgate areas and Tonaquint Park. This will also allow reuse water to be pumped to the pond ...

...ing Commission determined the facility was not a significant change to the Tonaquint Center PD subject to: (1) landscaping of the site; (2) maintainin...

...ach for a total of 24 beds and 12 detached dwelling units to be located on Tonaquint Drive and Mesa Palms Drive. Gerry Brown, applicant. Community...

...rried. OVERNIGHT USE OF PARK: Consider a request for overnight use of Tonaquint Park. Becky Cox, applicant. City Manager Gary Esplin explain...

...Dixie Drive. In order to accommodate drainage in the area and protect the Tonaquint Cemetery, funds were budgeted for installation of a culvert in th...

...ashington County Board of Realtors Office Building located on Lot 3 in the Tonaquint Business Park a PD Commercial Zone located at 1600 South and Dixi...

...2. Southern Corridor 3. Red Hills Parkway 4. Dixie Drive widening 5. Tonaquint Drive reconstruction 6. Brigham Road widening 7. Bluff Street...

... at Country Club Drive and Havasu Drive. Darcy Stewart, applicant. C. Tonaquint Office Campus Phase 1 with 3 buildings located at 1600 South Dixi...

...n water in it at all. This shortage will affect the Southgate Golf Course, Tonaquint Cemetery, and Sunbrook. Staff is meeting weekly to try and figur...

...00, recommended approval of the final road dedication plat for portions of Tonaquint Drive, Mesa Palms Drive, and 2070 South Street. Shepherd of the ...

...e motion carried. Public Works Director Larry Bulloch advised that the Tonaquint bridge project will be completed this spring. Hard surfacing of ...

... and building elevations for a proposed office building located within the Tonaquint Center, Phase 2, Lot 5, at 1600 South Dixie Drive. Dustin Moore/...

... Community Development Director Bob Nicholson commented that when the Tonaquint Center PD zone change was approved, the developer was required to...

...quired how this project would affect the interchange at Hilton/Dixie Downs/Tonaquint. Steven Cowley commented that traffic is a problem in the are...

...ng year and the dinosaur tracks area. DISCUSSION RE VETERANS? POLICY AT TONAQUINT CEMETERY: City Attorney Jonathan Wright advised the City?s poli...

...ocation. Leisure Services Director Kent Perkins advised the dedication of Tonaquint Cemetery is scheduled for April 27 at 4:00 p.m. DISCUSSION RE ...

...ed approval of a lot split for property located at the northwest corner of Tonaquint Drive and Mesa Palms Drive. Alex Oleferchik is the applicant. T...

... Lee Warren as the driving force behind the Veteran’s Memorial at the Tonaquint Cemetery. APPOINTMENT OF CHIEF OF POLICE: Mayor McArthur rec...

...to R-3 Multiple Family Residential on 10 acres located on the west side of Tonaquint Drive across from the Joshua’s project, and ALSO to change t...

... an ordinance amending Title 9, Chapter 3, St. George City Code, repealing Tonaquint Cemetery provisions for burial rights for veterans. City ...

... solve.  Because of where the drainage is, the low spot is lower that Tonaquint Drive.  Other piping can be installed to help with the water...

...011 Page Two Mr. Cutler then reviewed the various bid schedules. From Tonaquint Park to the Tonaquint Center the road will be widened but no curb and gutter will be in...

...s and the motion carried. AWARD OF BID: Consider award of bid for the Tonaquint Nature Center expansion grading. Purchasing Manager Connie Hood advised that the low bidder was Progressive Contracting, a local vendor, in the amount of $56,399.20 which is under the engineer’s estimate. City Manager Gary Esplin explained that the project includes moving dirt behind the Tonaquint Nature Center to the other side of the River where there was eros...

... City Attorney Jonathan Wright City Recorder Gay Cragun DEDICATION OF TONAQUINT CEMETERY: Parks Superintendent Lynne Scott and Mayor Daniel McArthur welcomed those in attendance. Remarks were made by Mayor McArthur, Councilmember Gardner, Councilmember Allen, Construction Coordinator Doug Wulfenstein, and Sexton Terry Schramm. The dedicatory prayer was offered by Kenneth Metcalf. Councilmember Gardner was excused from the meeting. FIELD TRIP TO PARROT BARNS IN LITTLE VALLEY AREA: A site visit was made to view the parrot-raising operations of Drew Ferwerda and Tom Brinkerhoff in the Little Valley area. Gary Kuhlmann, representing Mr. Ferwerda and Mr. Brinkerhoff, was also present. This matter will be scheduled on an upcoming City Council agenda. Councilmember Orton was excused from the meeting. REQUEST TO USE TONAQUINT PARK FOR OVERNIGHT CAMP-OUT: City Manager Gary Esplin advised the City received a request from a Boy Scout troop to use Tonaquint Park for an overnight camp-out as part of a service project at the park for Arbor Day. A motion was made by Councilmember Isom to approve use of the Tonaquint Park as requested. The motion was seconded by Councilmember Alle...

... Planning and Zoning Manger John Willis presented the preliminary plat for Tonaquint Terrace Phase 4, a 10-lot residential subdivision development located at 1330 West 2440 South; zoning is R-1-10. The density will be 2.27 dwelling units per acre. Lots are graded as walkout lots. He explained that the project meets all hillside requirements and stated that the Planning Commission recommends approval. MOTION: A motion was made by Councilmember Almquist to approve the preliminary plat for Tonaquint Terrace Phase 4. SECOND: The motion was seconded by Councilmember Arial. VOTE: Mayor Pike called for a vote, as follows: Councilmember Almquist – aye Councilmember Randall – aye Councilmember Bowcutt – aye Councilmember Arial – aye The vote was unanimous and the motion carried. PRELIMINARY PLAT: Planning and Zoning Manger John Willis presented the preliminary plat for Tonaquint Heights Phase 3, a 3-lot residential subdivision development located at 1330 West 2440 South; zoning is R-1-40. A conditional use permit was approved for this project allowing for a cluster development. Each of the lots are under 40,000 sq. ft.; however, the density of the entire property meets the R-1-40 density. The density will be 0.94 dwelling units per acre, which meets the density requirements. MOTION: A motion was made by Councilmember Randall to approve the Tonaquint Heights Phase 3 preliminary plat. SECOND: The motion was second...

...ember 4, 2014 Page Three AWARD OF BID: Consider award of bid for the Tonaquint Cemetery road extension. Purchasing Manager Connie Hood recommended the bid be awarded to JP Excavating. She explained that the bid was for $72,312.75 and they were the local low bidder. City Manager Gary Esplin explained that the road will be a dedicated roadway. MOTION: A motion was made by Councilmember Randall to approve the agreement with JP Excavating in the amount of $72,312.75 for the Tonaquint Cemetery road extension. SECOND: The motion was seconded by Cou...

... AWARD OF BID: Consider award of bid for shade structures for Mathis and Tonaquint Parks. Purchasing Manager Connie Hood explained that three bids were received. She recommended award of the bid to the lowest and most qualified bidder, Utah Sky Shades, in the amount of $30,298. MOTION: A motion was made by Council Member Gardner to award the bid to Utah Sky Shades in the amount of $30,298. SECOND: The motion was seconded by Council Member Bunker. VOTE: Mayor Pro Tem Orton called for a vote, and all voted aye. The motion carried. AWARD OF CONTRACT: Consider approval of a professional services agreement with Intermountain Consumer Professional Engineers to develop and install settings for the Millcreek Plant power system stabilizer. Purchasing Manager Connie Hood explained the contract is for developing PSS settings, tuning of the PSS, and report development in the amount of $21,500. Chief Electrical Engineer for the City, Rick Hansen, explained the a PSS is a specialized relay required to keep the Millcreek plant up and running in the event a major transmission line trips. The plant is running well right now. St. George City Council Minutes June 7, 2007 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 Pro Tem Orton called for a vote, and all voted aye. The motion carried. AWARD OF BID: Consider award of bid for materials for the Skyline to Green Valley 138 kV transmission line. Purchasing Manager Connie Hood explained that six bids were received. She recommended award of the bid to the low bidder, HD Supply, in the amount of $886,040. Rick Hansen explained that the $886,040 was for conductors only. The total cost of the line will be $4.3 million and $4.2 million for the substation. Council Member Orton inquired if the total cost was the City?s. Mr. Hansen replied that the total cost was the City?s. However, Santa Clara has agreed to participate in a small part, but nothing has been put in writing. MOTION: A motion was made by Council Member Whatcott to award the bid to the low bidder, HD Supply, in the amount of $886,040. SECOND: The motion was seconded by Council Member Gardner. VOTE: Mayor Pro Tem Orton called for a vote, and all voted aye. The motion carried. AWARD OF BID: Consider award of bid for various switches for the Skyline to Green Valley 138 kV transmission line. Purchasing Manager Connie Hood explained that this is a sole source item. She recommended award of the bid to Riter Engineering in the amount of $152,443. MOTION: A motion was made by Council Member Gardner to award the bid to Riter Engineering in the amount of $152,443. SECOND: The motion was seconded by Council Member Bunker. VOTE: Mayor Pro Tem Orton called for a vote, and all voted aye. The motion carried. Rick Hansen advised that insulators and line hardware were not included in the earlier award of $886,040 to HD Supply. City Manager Gary Esplin advised that these items would be put on the next agenda. Rick Hansen explained that all are included in the same bid, but were broken into three areas. AWARD OF CONTRACT: Consider approval of a contract with Alpha Engineering for design and construction management of a new water tank. Purchasing Manager Connie Hood recommended award of a contract with Alpha Engineering in the amount of $141,365. Mayor Pro Tem Orton inquired about the size of this tank compared to the City?s other tanks. City Manager Gary Esplin advised that this water tank is for the Sun River area and Milepost 2 project. The City is working with SITLA to obtain property for the tank site. Water Services Director Barry Barnum advised that this tank will provide a back-up feed into Sun River and will serve the new interchange area. The City?s BAT tank is 5 million gallons. There is a tank at the treatment plant which holds 9 million gallons, but it has been turned over to the Washington County Water Conservancy District. St. George City Council Minutes June 7, 2007 Page Five City Manager Gary Esplin commented that this tank was sized for the development which will occur in the Sun River area as well as the rest of the SITLA property. Mr. Barnum advised that this new tank is 2 million gallons. In the future another tank will be needed to serve the new airport and two others will be needed to serve the South Block area. MOTION: A motion was made by Council Member Bunker to approve the contract. SECOND: The motion was seconded by Council Member Gardner. VOTE: Mayor Pro Tem Orton called for a vote, and all voted aye. The motion carried. AGREEMENT: Consider approval of an agreement with Alpha Engineering for construction engineering for the Dixie Center roadway project. Purchasing Manager Connie Hood explained the scope of work will include bid advertisement, bid process supervision and construction management and inspection, in the amount of $72,748. MOTION: A motion was made by Council Member Gardner to approve the agreement. SECOND: The motion was seconded by Council Member Whatcott. VOTE: Mayor Pro Tem Orton called for a vote, and all voted aye. The motion carried. ORDINANCE: Consider approval of an ordinance amending Title 4, Chapter 4, St. George City Code, to remove references to Allied/Red Rock from the City Code. City Attorney Shawn Guzman explained that the proposed ordinance strikes any reference to Allied or Red Rock Waste and simplifies the ordinance by saying the residents have to follow the rules of Special Service District No. 1 with regard to collection of waste per agreement with the SSD. MOTION: A motion was made by Council Member Bunker to approve the ordinance. SECOND: The motion was seconded by Council Member Whatcott. VOTE: Mayor Pro Tem Orton called for a roll call vote, as follows: Council Member Bunker - aye Council Member Whatcott - aye Council Member Gardner - aye Mayor Pro Tem Orton - aye The vote was unanimous and the motion carried. RESOLUTION: Consider approval of a resolution abandoning public utility easements in the Twin Creeks Subdivision Phase III. MOTION: A motion was made by Council Member Gardner to approve the resolution. SECOND: The motion was seconded by Council Member Whatcott. VOTE: Mayor Pro Tem Orton called for a roll call vote, as follows: Council Member Gardner - aye Council Member Whatcott - aye Council Member Bunker - aye Mayor Pro Tem Orton - aye The vote was unanimous and the motion carried. RESOLUTION: Consider approval of a condemnation resolution for properties surrounding the Replacement Airport site. St. George City Council Minutes June 7, 2007 Page Six This item was tabled. AGREEMENT: Consider approval of a modification to the UDOT Cooperative Agreement for the Atkinville Interchange. And Consider approval of a modification to the UDOT Cooperative Agreement for consultant design engineering for the Southern Parkway. City Manager Gary Esplin explained that the agreement is for the City?s portion of the match for the Atkinville Interchange project. Assistant City Engineer Aron Baker explained that the other agreement is for the Southern Corridor. The same engineer will be used. The projects have to be kept separate, however, and that is the reason for the two separate agreements. The City has received several million dollars in earmarked and high priority funds with an 80/20 match. The City?s match will be $6.2 to $7 million. The City has some enhancement funds it did not use for landscaping the interchange at Bluff Street, and that money is able to be transferred to this project towards landscaping and aesthetic design. The price of the interchange itself is $13.4 million. Council Member Gardner inquired about the design of the interchange. City Manager Gary Esplin replied that this money is not for the landscape design the City Council previously saw. That design is not included in the figures being discussed now. The City?s match of $6.2 to $7 million does not include landscaping. Council Member Gardner suggested that the project should make a statement, as it is the entrance to the State and the City. City Manager Gary Esplin replied that this would have to be done with City funds, as the State will install only standard landscaping. Mr. Baker advised that the State?s participation in beautification of the interchange is $500,000, and the rest is the City?s responsibility. City Manager Gary Esplin commented that staff will do more cost estimates to see how much it would be. MOTION: A motion was made by Council Member Gardner to approve the Atkinville Interchange agreement. SECOND: The motion was seconded by Council Member Bunker. VOTE: Mayor Pro Tem Orton called for a vote, and all voted aye. The motion carried. MOTION: A motion was made by Council Member Whatcott to approve the Southern Corridor agreement. SECOND: The motion was seconded by Council Member Gardner. VOTE: Mayor Pro Tem Orton called for a vote, and all voted aye. The motion carried. Mayor Pro Tem Orton invited several Scouts in the audience to introduce themselves. REPORT FROM PLANNING COMMISSION: Report from the Planning Commission meeting held May 22, 2007. Community Development Director Bob Nicholson explained the Planning Commission recommends that public hearings before the City Council be scheduled for June 21, 2007 at 5:00 p.m. to consider (1) a zone change from A-1 to R-1-10 for three acres at 2200 South 3000 East, (2) a zone change from A-1 to R-1-10 on 28.27 acres at 3000 East 2000 South, (3) a zone change from A-1 to R-1-10 at 1800 South 3000 East, (4) a zone change St. George City Council Minutes June 7, 2007 Page Seven from R-1-10 to M-1 on 254.04 acres on the south side of the existing Ft. Pierce Industrial Park, and (5) a zone change from A-1, A-20, and Open Space to R-1-10 on 106.73 acres located between Little Valley Road and Commerce Drive. FINAL PLATS: Community Development Director Bob Nicholson advised that the Planning Commission recommends approval of the following final plats: (1) Tonaquint Valley Phase 2, (2) Tonaquint Valley Phase 3, (3) Riverside Heights Plat H, and (4) Tonaquint Valley Phase 1. All final plats correspond with the preliminary ...

...tion carried. Consider approval of a wireless site lease agreement with Tonaquint Networks LLC. City Manager Esplin said staff recommends approval for co-locate on the pole within the Stonecliff water tank site as it will reduce the amount paid for storage at the data center by about $200 a month. He recommended the approval should be subject to legal review. Mayor Pike called for a motion. MOTION: A motion was made by Councilmember Bowcutt approve the wireless site lease agreement with Tonaquint Networks LLC subject to legal review. St. George City ...

...ntil it was heard at a public hearing. Fee Waiver and Overnight Use of Tonaquint Park - Dixie Amateur Radio Club Gary Esplin asked that Council consider approval of a fee waiver and overnight use of Tonaquint Park for the Dixie Amateur Radio Club on June 23 and 24, 2001. He told Council Members that this group annually donates 24 hour use of their radio system to coordinate efforts in case of an emergency. In the past they have asked to use Worthen Park for this event, but this year would like to change the venue to Tonaquint Park. St. George City Council Minutes May 3, 2001 Page Eleven Council Member Isom made a motion to approval a fee waiver and overnight use of Tonaquint Park for the Dixie Amateur Radio Club on June 23 and 24, 2001. Co...

...al use permit for a new Methodist church located across from The Legacy on Tonaquint Drive. Shepherd of the Hills United Methodist Church, applicant. Associate Planner Jim McGuire advised the Planning Commission, at its meeting of December 14, 1999, recommended approval of the conditional use permit subject to the applicant?s adjacent portions of Tonaquint Drive, Mesa Palms Drive, and 2070 South Street being dedicated, drainage and utility easement being dedicated around the parcel (15 feet along the roads and 10 feet along the interior boundaries), the lot split being approved, approval of a drainage study and plan; the improvement of 2070 South Street and Tonaquint Drive (the first phase portion) be installed, and that there be no access to or from Tonaquint Drive. The church will be constructed in phases and parking area...

...5:00 p.m. to consider (A) a request to amend and extend the final plat for Tonaquint Office Campus Phase 1, located at 1600 South Dixie Drive, to increase the size of Lot 2 and Lot 3 and relocate Lot 3 so the building will be out of the 100 year floodplain, and (2) a request to amend the final plat for Tonaquint Hills Phase 1, located at 1500 South west of Dixie Drive, to revise the west boundary line and eliminate Lot 4 and Lot 5. MOTION: A motion was made by Council Member Gardner to set the public hearings as recommended by the Planning Commission. SECOND: The motion was seconded by Council Member Allen. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. SET PUBLIC HEARINGS: Associate Planner Mark Bradley explained that the Planning Commission, at its meeting held August 9, 2005, recommended that public hearings be scheduled for September 22, 2005 at 5:00 p.m. to consider (A) a zone change request from A-20 to R-1-10 on 19.328 acres located at 1000 South and 3000 East, (B) a zone change request from R-2 to C-1 on 0.201 acre located at 243 North 400 West, (C) a zone change request from PD to R-1-10 on 1.88 acres located at 1100 East at 1000 South, (D) a zone change request from R-1-10 to C-2 on 0.56 acres located at approximately 100 South and 1470 East, southeast of Settler?s RV Park, and (E) a request to amend Title 10, Chapter 7, St. George City Code, to make modifications and include a section on architectural standards. MOTION: A motion was made by Council Member Gardner to set the public hearings as recommended by the Planning Commission. SECOND: The motion was seconded by Council Member Bunker. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. FINAL PLATS: Associate Planner Mark Bradley explained that the Planning Commission, at its meeting held August 9, 2005, recommended approval of the final plats for Bellsera Townhomes at Sunbrook Phase 4 and The Terraces at Seven Hills Phase 3. MOTION: A motion was made by Council Member Orton to approve the plats and authorize the Mayor to sign them. SECOND: The motion was seconded by Council Member Gardner. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. LOT SPLIT: Assistant Planner Ray Snyder explained that the Planning Commission, at its meeting held August 9, 2005, recommended approval of a request to divide a parcel of land into two parcels at 55 South Bluff Street subject to their standard conditions. Mr. and Mrs. Wells are the applicants. MOTION: A motion was made by Council Member Gardner to approve the lot split subject to the recommendations of the Planning Commission. SECOND: The motion was seconded by Council Member Orton. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. LOT SPLIT: Assistant Planner Ray Snyder explained that the Planning Commission, at its meeting held August 9, 2005, recommended approval of a request to divide a parcel of land into two parcels at 1700 South Convention Center Drive between the Fairfield Inn and the St. George City Council Minutes August 18, 2005 Page Four Dixie Center parking lot, subject to the following conditions: 1. Provide separate deeds for each parcel. 2. In addition to the legal descriptions on the record of survey filed with the County Recorder, provide the City with separate 8.5 x 11 legal descriptions for each parcel. 3. A utilities and drainage easement shall be completed, notarized, and recorded. 4. The City Attorney?s Office shall review and determine if a reciprocal access agreement is required. 5. The applicant shall submit for review all legal documents to the City Attorney?s Office. Cracker Barrrel Old Country Store Inc., applicant. MOTION: A motion was made by Council Member Allen to approve the lot split subject to the recommendations of the Planning Commission. SECOND: The motion was seconded by Council Member Whatcott. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. SITE PLAN AND BUILDING ELEVATION: Assistant Planner Ray Snyder advised that the Planning Commission, at its August 9, 2005 meeting, recommended approval of the site plan and building elevations for a proposed office building (building ?C?) at the Tonaquint Office Campus Phase 1 Subdivision located at 1600 South and Dixie Drive and within a PD Commercial zone. MOTION: A motion was made by Council Member Gardner to approve the site plan and building elevations. SECOND: The motion was seconded by Council Member Whatcott. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. SITE PLAN AND BUILDING ELEVATION: Assistant Planner Ray Snyder advised that the Planning Commission, at its August 9, 2005 meeting, recommended approval of the site plan and building elevations for a proposed office building (Lot #1) at the Tonaquint Hills Phase 1 Subdivision located at Silicone Circle and Silicone...

...ocated west of Dixie Drive in the vicinity of 1700 South, south of the new Tonaquint Center, subject to review of the grading and landscape plan for each phase, with the understanding that the proposed location of several units will be revised according to the slope analysis map as presented at the meeting of May 19, 2004. Guy Haskell, Haskell Homes, is the applicant. MOTION: A motion was made by Council Member Allen to approve the hillside development permit subject to the recommendations of the Hillside Review Board and Planning Commission. SECOND: The motion was seconded by Council Member Orton. VOTE: Mayor Pro Tem Gardner called for a vote, and all voted aye. The motion carried. St. George City Council Minutes July 1, 2004 Page Three SET PUBLIC HEARING: Associate Planner Mark Bradley explained that the Planning Commission, at its meeting held June 22, 2004, recommended that public hearings be scheduled for August 5, 2004 at 5:00 p.m., or any meeting thereafter, to consider: 1. A zone change request from A-1 to R-1-10 on 9.569 acres located at 2750 East 2000 South. Brent Greenwood, applicant. 2. Amendment of Title 10, Chapter 19, St. George City Code, with regard to off-street parking requirements, and Chapter 7C with regard to multiple family residential, and Chapter 8 with regard to planned developments, to delete a provision that allows a 10 foot garage setback from private streets in areas of the City. City of St. George, applicant. MOTION: A motion was made by Council Member Orton to set the public hearings as recommended by the Planning Commissions. SECOND: The motion was seconded by Council Member Allen. VOTE: Mayor Pro Tem Gardner called for a vote, and all voted aye. The motion carried. HILLSIDE DEVELOPMENT PERMIT: Associate Planner Mark Bradley explained that the Planning Commission and Hillside Review Board recommended approval of a hillside development permit for a proposed subdivision (Artesia Terrace) located at 1650 W. Snow Canyon Parkway subject to the following conditions: 1. Review by the City Parks Department is required for the trail realignment. 2. Potential property adjustments with the adjacent property (Augustus Point). 3. Buildable area to be staked for the property owner?s reference. 4. Submit a landscape plan. Street trees are required along Snow Canyon Parkway. 5. Include the language for a ?no-build zone? on the plat. 6. Provide cross sections for Snow Canyon Parkway, including the trail system and lots along the Parkway, and proposed lots against the hillside. 7. Address and resolve the Santa Clara springs water located on site. 8. The areas of varied slope less than 40% which are isolated from continuous similar slopes should be included in the no-disturb zone to prevent the 40% slopes from being disturbed. This would affect Lots 11, 12, 17 and 18. John Clark is the applicant. MOTION: A motion was made by Council Member Orton to approve the hillside development permit subject to the recommendations of the Hillside Review Board and Planning Commission. SECOND: The motion was seconded by Council Member Allen. VOTE: Mayor Pro Tem Gardner called for a vote, and all voted aye. The motion carried. PRELIMINARY PLAT: Associate Planner Mark Bradley explained that the Planning Commission, at its meeting held June 22, 2004, recommended approval of the preliminary plat for Artesia Terrace subject to the following conditions: 1. The applicants work with the City Parks Division on the realignment of the existing bike/pedestrian trail, dedication of the trail area to the City as identified on the preliminary plat, work out details on trail improvements, and planting of appropriate street trees consistent with other developments along Snow Canyon Parkway. 2. In reference to the awkward lots pointed out by staff, homes are to be designed and built within the proposed perimeters. 3. Applicants shall construct the median on Snow Canyon Parkway and install the conduit for future street lights. Developers on the opposite side of Snow Canyon Parkway will be required to plant the median and install the street lights. Mayor Pro Tem inquired if equestrians would be able to access the Gap Trail through Castle Rock 2. He commented that this needed to be coordinated. He instructed staff to make sure this is being addressed. Mr. Bradley replied that there is an easement for access between the two parcels. St. George City Council Minutes July 1, 2004 Page Four Mayor Pro Tem Gardner commented that there needed to be some kind of corridor for access to the HCP. Community Development Director Bob Nicholson explained that there is access between lots, but no parking other than the public street. The developers would only accommodate an easement between lots. Mr. Bradley explained that the project would have terraced retaining walls, similar to Castle Rock Phase I. There would not be any privacy walls unless built by individual owners. City Attorney Shawn Guzman advised that the City Council could require that the color of any walls match those already existing along Snow Canyon Parkway. MOTION: A motion was made by Council Member Orton to approve the preliminary plat. SECOND: The motion was seconded by Council Member Bunker, who added that any walls constructed along Snow Canyon Parkway had to match in color those that already exist along the Parkway. Council Member Orton agreed to include this stipulation in his motion. VOTE: Mayor Pro Tem Gardner called for a vote, and all voted aye. The motion carried. PRELIMINARY PLAT: Associate Planner Mark Bradley explained that the Planning Commission, at its meeting held June 22, 2004, recommended approval of the preliminary plat for Estrella Subdivision subject to the following conditions: 1. Estrella Subdivision will be responsible for landscaping and streetlights in the median. This is to be coordinated with the Lakota and Artesia Terrace Subdivisions. The overall landscaping needs to be approved by the City Parks Division and be consistent with other projects along Snow Canyon Parkway. 2. The privacy wall along Snow Canyon Parkway be consistent with what has been constructed at the Sedona Hills Subdivision using fractured block, pilasters, and varied earth-tone colors. Because the property slopes down on the southerly side of Snow Canyon Parkway adjacent to the proposed subdivision, the applicants are to minimize the height of the wall, especially the block wall portion. A 3:1 slope or less is to be established instead of a 2:1 slope up to the wall to reduce the wall height. The block wall is to be reduced to an overall height of 4-6'. 3. A traffic circle is required and is to be properly striped and signed to meet City Traffic Engineering requirements. 4. The access on 1650 West is located off the project site. The plans must show the portion that will be constructed. Access to Lots 17-19 will need at least 25' of dedicated roadway. These lots cannot be developed until 1650 West is dedicated. 5. Acknowledgment that Lot 90 is shallow in depth and that the future home is to be designed and built within the proposed parameters. Ken Murphy, Bush and Gudgell Engineering, explained that the owner would like to use the same type of colored walls as on the Paradise Canyon project, and does not want to be tied to using split face block at this time. Council Member Allen suggested that stacked rock could be used rather than a block wall. City Attorney Shawn Guzman commented that the City Council will have the opportunity to see this project again and can request pictures in order to see exactly what the wall will look like. Council Member Orton commented that the City Council and staff have been working closely to try and make sure that walls along Snow Canyon Parkway are consistent. MOTION: A motion was made by Council Member Allen to approve the preliminary plat subject to the recommendations of the Planning Commission, without saying exactly what block needs to be used. SECOND: The motion was seconded by Council Member Bunker. St. George City Council Minutes July 1, 2004 Page Five CLARIFICATION: Council Member Allen clarified that her motion included the stipulation that the wall would have to be consistent with those walls already existing along Snow Canyon Parkway Council Member Allen commented that plans for the wall can be shown to staff, and if staff does not have any concerns, the project can proceed to the final plat. VOTE: Mayor Pro Tem Gardner called for a vote, and all voted aye. The motion carried. PRELIMINARY PLAT: Associate Planner Mark Bradley explained that the Planning Commission, at its meeting held June 22, 2004, recommended approval of the preliminary plat for Rink Estates subject to the following conditions: 1. The retaining walls are not to exceed six feet in height along the front setback (any street side setback) and not to exceed eight feet in height along interior property lines (side or rear yard setback). 2. The locations of retaining walls are to be finalized with the construction drawings. MOTION: A motion was made by Council Member Orton to approve the preliminary plat subject to the recommendations of the Planning Commission. SECOND: The motion was seconded by Council Member Bunker. VOTE: Mayor Pro Tem Gardner 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 Single Family Residential 10,000 sq. ft. minimum lot size to PD Residential on 109.77 acres located on the west side of Dixie Drive at approximately 1700 South. Guy Haskell, Haskell Homes, Inc., applicant. Community Development Director Bob Nicholson explained that of the entire parcel, only 108 acres is within City boundaries. A small sliver of 1.7 acres will have to be annexed. The General Plan designates the area as low density residential, up to four units per acre, and the proposed plan is for 3.7 units per acre. The applicant is proposing 116 separate detached single family units, 134 twin home units, 116 four-plex units , and 26 village units which are small detached homes in a cluster arrangement. The multiple family units are designed to be like large homes. Two swimming pools and a recreation area is proposed. The project will contain two miles of pedestrian trails, street lights throughout on public and private streets, and a homeowners association. The plan is conceptual at the present time, and the applicant will be back with a preliminary plan. The Hillside Review Board recommends approval of the hillside development permit. The Planning Commission recommends approval subject to providing a second access for the private drive at the northeast vicinity of the project, and traffic impact study recommendations. Guy Haskell, applicant, advised that he has acquired property for the road and will add this area to the annexation. He advised that the name of the project was ?Tuscan Hills?. Mayor Pro Tem Gardner opened the public hearing. Rob Reid, of Rosenberg Associates, explained that there is a discrepancy with the block walls, and along the frontage of Plantations Drive the lots are double loaded and typical PD requirements require block walls. He stated he would prefer to have landscaping and a berm to get away from the hardscape. He requested that block walls not be required to frame the entire site. Community Development Bob Nicholson commented that staff supports the request, and landscaping and berming is the preference. There being no further public comment, Mayor Pro Tem Gardner 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. SECOND: The motion was seconded by Council Member Orton. VOTE: Mayor Pro Tem Gardner called for a roll call vote, as follows: St. George City Council Minutes July 1, 2004 Page Six Council Member Bunker - aye Council Member Orton - aye Council Member Allen - aye Mayor Pro Tem Gardner - aye The vote was unanimous and the motion carried. City Attorney Shawn Guzman asked that the minutes reflect that the developer has acquired the property and will present a petition for annexation so that the roadway can be installed as presented on the plan at this meeting. Mayor Pro Tem Gardner invited several Scouts in the audience to introduce themselves. REQUEST FOR REDUCTION IN ASSESSMENT: Consider a request for reduction of assessment for property in the Little Valley SID. Teresa Payton, applicant. Mayor Pro Tem Gardner advised that he was contacted with regard to delaying this discussion until the next work meeting so that additional information could be brought forward. Marc Mortensen advised that the item would be scheduled on the next work meeting agenda. MOTION: A motion was made by Council Member Allen to continue the item. SECOND: The motion was seconded by Council Member Bunker. VOTE: Mayor Pro Tem Gardner called for a vote, and all voted aye. The motion carried. INSTALL REUSE LINE: Consider approval of a proposal to install a segment of reuse line. Marc Mortensen explained that the Olive Grove development is improving its frontage, and the City would like to take advantage of this opportunity and install a segment of reuse line along Dixie Drive. Scott Taylor advised that City would like to install 2,500 ft. of reuse line. Mayor Pro Tem Gardner advised that this installation would complete the line from the new bridge to Green Valley where the storage ponds would be. MOTION: A motion was made by Council Member Orton to approve installation of the reuse line. SECOND: The motion was seconded by Council Member Bunker. The cost of the project is $392,621. VOTE: Mayor Pro Tem Gardner called for a vote, and all voted aye. The motion carried REIMBURSEMENT AGREEMENT: Consider approval of a reimbursement agreement for Airport Road improvements with Tonaquint, Inc. Public Works Director Larry Bulloch explained that when the Black Ridge Road improvements were completed, and the roadway dedication plat filed, it included a future street for access to the south end of the airport. A section of adjacent property had to be accessed which was owned by Tonaquint. In exchange for the right-of-way, the City agreed to help improve the road when the property was developed. The Menlove dealership is currently being developed and the City is being asked to make good on its commitment. The proposed agreement puts in writing the terms of what was agreed to earlier. The City will pay for the asphalt, curb and gutter, drainage, earthwork, engineering, and half of the landscaping. The estimate for this is $258,000, but the City will pay for the actual cost based on quantities when the roadway is completed. One finger of the proposed roadway has a 40% slope, but the ordinance allows isolated areas of steeper hillside unique from the surrounding area to be developed. He stated he felt confident compliance could be had with the ordinance. He commented that the City Manager questioned this, but stated he felt confident the ordinance could be satisfied, and the City Council was the ultimate decision maker. St. George City Council Minutes July 1, 2004 Page Seven Council Member Orton commented that the City needed to be consistent with all development. He inquired of Mr. Bulloch if development of the 40% slope would be consistent with all other hillside permits issued. Mr. Bulloch displayed a map of the site, and advised that the 40% slope area comprised only 100' of the 1000? roadway. Council Member Orton inquired of Mr. Bulloch if the City was obligated regardless if the roadway could be developed or not. Mr. Bulloch replied that it was determined two years ago that this project was reasonable and it was prudent to move ahead. MOTION: A motion was made by Council Member Orton to approve the agreement. SECOND: The motion was seconded by Council Member Allen. City Attorney Shawn Guzman commented that he had not had the opportunity to speak with the City Manager who had concerns about being able to get to the top without violating the ordinance. He inquired of Mr. Bulloch if he was comfortable with the proposal and felt hillside approval could be obtained. Mr. Bulloch replied that the decision was made two years ago, and it would be inappropriate for the City to change its mind. Mr. Guzman commented that it was his understanding that there are still concerns and all issues have not been resolved, and the City still did not know whether or not the roadway could be built. Mayor Pro Tem Gardner clarified that the City obligated itself for the lower portion of the road, but it needed to consider whether or not to take the roadway further up the hill. Mr. Bulloch replied that the upper portion of the roadway had been engineered, and the Community Development Director judged that it would be consistent with the ordinance. The City is now ready to begin construction. Mayor Pro Tem Gardner commented that the City was obligated to help with the roadway. City Attorney Shawn Guzman commented that while the City would live up to its commitment on the lower end of the road, he was uncomfortable stating that the upper portion could be built given the concerns of the City Manager. Marc Mortensen inquired of Mr. Bulloch if there were other areas in the City where a hillside development permit was approved for a sliver or finger of property with a 40% slope area. Mr. Bulloch replied that there were. Council Member Orton inquired of Mr. Bulloch if the City would still owe the money to Tonaquint if the road were not built. Mr. Bulloch replied that the City...

...aye. The motion carried. AWARD OF BID: Consider award of bid for the Tonaquint Road construction project. Purchasing Manager Sue Swensen presented the following bids: Western Rock Products - no bid A-T Asphalt - $102,055.23 She recommended award of the bid to A-T Asphalt in the amount of $102,055.23. Public Works Director Larry Bulloch advised that the project should be completed by November. MOTION: A motion was made by Council Member Orton to award the bid to A-T Asphalt in the amount of $102,055.23. 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 appointing election judges for the upcoming municipal primary and general elections. MOTION: A motion was made by Council Member Gardner to appoint the election judges as recommended. 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 St. George City Council Minutes September 1, 2005 Page Two Council Member Allen - aye Council Member Bunker - aye Council Member Whatcott - aye The vote was unanimous and the motion carried. BEER LICENSE/LOCAL CONSENT: Consider approval of a beer license and local consent for a restaurant liquor license for Curell?s Restaurant. Robert Curell, applicant. City Manager Gary Esplin commented that the application was in order. Mr. Curell explained that the restaurant is a mediterranean french caf? located in the Eastridge Mall, and will be open for lunch and dinner. MOTION: A motion was made by Council Member Allen to approve the beer license and local consent for a restaurant liquor license. SECOND: The motion was seconded by Council Member Bunker. Business License Officer Laura Woolsey clarified that the local consent is for a wine and beer license. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. REQUEST FOR BUILDING PERMIT WITH SEPTIC TANK: Consider approval of a request for a building permit for one home using an individual wastewater system (septic tank) on an existing lot located on the northwest corner of 3670 South and Little Valley Road. Corey Shamblen, applicant. City Manager Gary Esplin explained that this property was previously approved for a lot split, and other homes in the area are also on septic tank systems. He recommended approval as long as the necessary dedications, rights-of-way, and an agreement to hook to the sewer when available were signed. The building permit will not be issued until the agreement is signed. MOTION: A motion to approve the building permit was made by Council Member Gardner. SECOND: The motion was seconded by Council Member Orton. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. ALLOW USE OF SEPTIC TANK: Consider waiver of concurrency requirements to allow use of a septic tank at 1880 South 3430 East. Todd Abelhouzen, applicant. City Manager Gary Esplin recommended approval as long as the necessary dedications, rights-of-way, and an agreement to hook to the sewer when available were signed. There will be one home on eight acres. Mr. Abelhouzen, applicant, explained that he will not be selling off portions of his eight acres, and understood that no further building permits would be available until the sewer line was made available. MOTION: A motion was made by Council Member Gardner to approve the request. SECOND: The motion was seconded by Council Member Allen. Mr. Abelhouzen again stated that when the sewer line is available, he will cooperate with the City. 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. SET PUBLIC HEARING: Associate Planner Mark Bradley explained that the Planning Commission, at its meeting held August 23, 2005, recommended that a public hearing be scheduled for either September 22 or October 6 to consider a request to amend the final plat for Riverwood Phase 4 Townhomes to change the private ownership locations of pads 251 and 252, enlarge pads 250 and 252, and adjust some of the pad configurations to match the existing homes. The applicant prefers that the public hearing be held on September 22. MOTION: A motion was made by Council Member Gardner to schedule the public hearing for September 22, 2005 at 5:00 p.m. 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 explained that the Planning Commission, at its meeting held August 23, 2005, recommended approval of the final plats for Highlands at Green Valley Phase 1, Highlands at Green Valley Phase 2, Tonaquint Parkway Subdivision, Black Ridge Terrace Commercial Condominiums, Southgate Hills Subdivision Phase 5, Pine Brook North, Milne Subdivision, Riverside Heights Plat G Subdivision, Sagewood at Seven Hills Phase 3, and Olive Grove Subdivision Phase 2. He advised that a letter from an attorney had been received with regard to Highlands at Green Valley Phase 1. St. George City Council Minutes September 1, 2005 Page Three City Attorney Shawn Guzman advised that there was a federal lawsuit pending between the developers of the Highlands at Green Valley Phase 1 subdivision and an adjacent land owner. The City has not received any kind of court order to halt the approval process, and as far as he was concerned, the matter is civil. MOTION: A motion was made by Council Member Allen to approve the final plats and authorize the Mayor to sign them. SECOND: The motion was seconded by Council Member Gardner. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. LOT SPLIT: Assistant Planner Ray Snyder explained that the Planning Commission, at its meeting held August 23, 2005, recommended approval of a lot split at 345 West 600 North to create two lots. No comments from neighbors have been received. MOTION: A motion was made by Council Member Bunker to approve the lot split. SECOND: The motion was seconded by Council Member Gardner. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. CONDITIONAL USE PERMIT: Consider approval of a conditional use permit to construct an office building for the Water and Energy Services Departments in an Open Space zone at 760 East Red Hills Parkway. City of St. George, applicant. Assistant Planner Ray Snyder explained that the Planning Commission recommended approval with the condition that the area in front of the project be landscaped as shown on the site plan and that landscaping in front of other City facilities along Red Hills Drive also be landscaped to City standards. MOTION: A motion was made by Council Member Orton to approve the conditional use permit subject to the recommendations of the Planning Commission. SECOND: The motion was seconded by Council Member Whatcott. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. WATER POOLING AGREEMENT: Consider approval of a water pooling agreement with the Washington County Water Conservancy District. City Manager Gary Esplin explained that this issue has been discussed for many months, and the WCWCD would like an answer. Staff recommends approval. Ron Thompson, representing the WCWCD, explained that he has been working with all cities in Washington County and approval of the agreement will set forth standards for developing, distributing, and conserving water throughout the County. All water will be paid for and marketed by the District, with each city taking only the water needed in any given year. 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. APPROVAL OF CONTRACT: Consider approval of a contract with Horrocks Engineers to conduct a master traffic and transportation study. City Manager Gary Esplin explained that staff recommends hiring Horrocks Engineers, who several years ago did a transportation study for the City and is currently working on several different studies for the state and City. MOTION: A motion was made by Council Member Allen 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. PUBLIC HEARING/PRELIMINARY PLAT: Public hearing to consider approval of a preliminary plat for Ancestor Estates with 32 single family lots located at the northeast corner of 1450 South and 2780 East Street in an R-1-12 zone. Christi Lovell, applicant. Associate Planner Mark Bradley explained that RE-12.5 has animal rights. The applicant proposes three phases with public streets throughout. The Planning Commission recommends approval subject to: (1) the knuckle radius to be revised and approved by City engineering, (2) all walls to meet City standards, (3) the public utility easement/landscape width shall be 10' from the sidewalk, (4) lots 30 and 31 will have a setback of 35' from the 66' right-of-way and have a circular driveway, (5) the slopes of the streets are to be revised to meet minium percentage requirements, (6) a homeowners association shall be established to maintain the landscaping along 1450 South Street, and (7) numbering of the lots shall be continual with each phase. 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 subject to the recommendations of the Planning Commission. SECOND: The motion was seconded by Council Member Whatcott. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. St. George City Council Minutes September 1, 2005 Page Four PUBLIC HEARING/PRELIMINARY PLAT: Public hearing to consider approval of a preliminary plat for Serenity Cove with ten single family lots located at the northwest corner of 2780 East and Rasmussen Drive. Ryan Button, applicant. Associate Planner Mark Bradley explained that the Planning Commission recommended approval subject to the following conditions: (1) design of the intersections, cuts and fills are to be approved by City engineering staff with the understanding that the plan will vary from what is shown, (2) no excavation work will take place until staff has approved the road alignment - 2780 East extension, (3) a note is put on the plat and deeds to the lots addressing adjoining property use of animals, flies, etc., and (4) the engineer estimate for the road and landscaping cost for the portion of 2780 East extension is to be reviewed by the City Engineer and consideration to have the applicant/ developer enter into a delay improvement agreement plus cash in escrow (the applicant/developer will pay for improvements up front). City Attorney Shawn Guzman advised that with regard to protection of the hillside, flexible signage could be placed with penalties for removal or disturbance. He advised that he would come up with a recommendation for the penalty, as well as the cost of restoration. He inquired who would maintain the landscaping on the other side of the wall. Mr. Bradley replied that there would only be two lots with landscaping on the other side of the wall. Mr. Guzman suggested that a note be placed on the plat that the landscaping has to be maintained as approved by the City. Mayor McArthur opened the public hearing. Jason Tuttle, Bush and Gudgell Engineering, advised that there is a verbal agreement to reimburse the Larsons a certain dollar amount in exchange for moving the master planned roadway onto their property. Mrs. Larson commented that the agreement was fair, and that they would take on the responsibility for the road should they ever develop. She stated there would be approximately 100 cows and calves on the property, and a wall would probably be built to protect the livestock. There being no further public comment, Mayor McArthur closed the public hearing. 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 Allen with the stipulation that the map presented by Bush and Gudgell Engineering at the meeting be made a part of the record. City Attorney Shawn Guzman clarified that approval is based on the presentation by the applicant to agree to do what is shown on the map. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. PUBLIC HEARING/AMENDED FINAL PLAT/ORDINANCE: Public hearing to consider approval of the amended final plat for Tonaquint Hills Phase 1 located on the west side of Dixie Drive at approximately 1500 South to revise the west boundary line and eliminate Lots 4 and 5. Gail Maxwell, applicant. And PUBLIC HEARING/AMENDED FINAL PLAT: Public hearing to consider a request to amend and extend the final plat for Tonaquint Office Campus Phase 1, located at 1600 South Dixie Drive, to incr...

... PLAT: Public hearing to consider approval of the amended final plat for Tonaquint West Condos Phase 1 Subdivision located at 1600 South west of Dixie Drive. Reid Pope, representative. Community Development Director Bob Nicholson explained that under a new state law, an amended plat requires a public hearing regardless of how minor the change may be. The change to this plat consists of increasing office spaces from three to four. 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 final 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 FINAL PLAT: Public hearing to consider approval of the amended final plat for the Legacy Phase 8 located on Hampton Road near Canterbury Road. Ken Hamblin, representative. Community Development Director Bob Nicholson explained that the change to this plat involves removal of one unit. St. George City Council Minutes July 6, 2006 Page Five 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 final 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 FINAL PLAT: Public hearing to consider approval of the amended final plat for the East St. George Commercial subdivision located on the corner of Red Cliffs Drive and - along 2720 East Street. Jeff Klein, applicant. Community Development Director Bob Nicholson explained that the change to the plat involves merging Lots 2 and 3 and adjusting the boundary between Lots 3 and 4. 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 amended final 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/AMENDED FINAL PLAT: Public hearing to consider approval of the amended final plat for the Millcreek Commercial Center located at 850 North 3050 East. Brandon Whallon, applicant. Community Development Director Bob Nicholson explained that the original plat had one lot and the amended has seven lots, with outpads along 3050 East and 850 North, for a total of 11 lots. 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 Gardner to approve the amended final plat. SECOND: The motion was seconded by Council Member Orton. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. PUBLIC HEARING/PRELIMINARY PLAT: Public hearing to consider approval of the preliminary plat for Crimson Valley Estates located at 3000 East and 2000 South. Ken Miller, representative. Community Development Director Bob Nicholson explained that this property was the subject of a zone change not too long ago, and not far from the Jared Lund zone change. The property is located on the east side of 3000 East. There is a development agreement to conform to the General Plan with a maximum of two homes per acre. The applicant has set aside two acres for a neighborhood park which will be maintained by the HOA. A trail easement is proposed on 3000 East and along 2000 South. There are connecting corridors. Streets are public, and lot sizes are at least 12,000 sq. ft. The Planning Commission recommends approval. Council Member Allen inquired if the trail would tie into the trail from Jared Lund?s project. Mr. Nicholson replied that it would and would be 15' or greater along 3000 East. Ken Miller, representing the applicant, advised that the interior walking trails would be smaller. The exterior trails would be horse paths. Mayor McArthur opened the public hearing. There being no public comment, he closed the public hearing. MOTION: A motion was made by Council Member Whatcott 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 the amended plat for Bloomington Ranches #7 Subdivision. Sam Haslem, applicant. Community Development Director Bob Nicholson explained that the plat amendment consists of a lot split. The proposal is to split lot 9 unto two lots. One of the lots has an existing home. Zoning is R-1-10. Both new lots meet minimum lot size. Lot 9 is 10,588 sq. ft., and Lot 10 is 14,043 sq. ft. Notices were sent to surrounding property owners and one neighbor expressed concern at the Planning Commission meeting about the weeds on the lot. The applicant advised that he would take care of the weeds. The Planning Commission recommended approval. St. George City Council Minutes July 6, 2006 Page Six Mark Raines, representing the applicant, advised that the applicant is trying to improve the look of the property. He is renovating the existing home which has been used as a rental for many years. Setbacks will be met. 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 Orton. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. PUBLIC HEARING/PRELIMINARY PLAT: Public hearing to consider approval of the preliminary plat for Hidden Valley Subdivision Phase 1 located at Hidden Valley Drive and Price Hills Drive. Ivory Homes, applicant. Community Development Director Bob Nicholson explained that there will be 227 units: four single family lots will front Desert Hills Drive, five twin homes, two triplexes, 112 townhome units and 95 lots designed to R-1-6 standards. Zoning is PD. All streets will be public. Various house plans have been submitted. The applicant held a neighborhood meeting to explain their proposal. Compared to the original PD plan, there are less units than in the original concept. The Planning Commission recommends approval subject to the recommendations of the Traffic Engineer: 1. Require right turn lanes and left turn pockets at the intersection of Hidden Valley Drive and roads labeled ?neighborhood entrance road.? Right-in right-out only at entrance to Casitas Phase I/Hidden Valley Drive (no break in median) as shown. 2. Developer has agreed in principle to enter into a development agreement to pay for traffic impacts - specifically Brigham Road widening and signals on Brigham Road. The agreement needs to be finalized. 3. The 50' local street and 58' neighborhood collector needs to meet the City?s approved standard/alternate cross-sections. Specifically, the City does not allow modified curb with sidewalk against the curb. The minimum asphalt width is greater than that shown (see table 3.1 in the City?s design standards). 4. Subject to PD standards (building setbacks, separations, parking spaces, etc.) Planning staff will review with construction drawings. Setbacks for the single family lots to meet the R-1-6 standards. 5. Walls, street trees, etc. shall be complied with. The applicant has agreed to abide by the recommendations. Council Member Orton inquired where the fire station would be located. City Manager Gary Esplin replied that staff has looked at the plan and there is not a site in this area. There is however, a site within the survey area. Council Member Orton inquired how long it had been since the conceptual plat was approved. He was advised the original plat was approved in 1999. Council Member Orton requested to see the entire project, not just this phase. Community Development Director Bob Nicholson replied that the applicant has committed to build a 12.5 acre public park. City Manager Gary Esplin explained that the map of the project shows where the school is going in and where there is a church under construction. Mr. Nicholson advised that the map shows the entire PD; this phase will be one- third to one-half of the entire PD. Council Member Whatcott expressed concern that the City Council is given one sheet of paper to look at and it is seven years old. He stated the Council has not seen the project for seven years and it is tough to grasp what it is looking at. He stated he hoped that in the future applicants would be better prepared and provide more specific information. Colin Wright, representing Ivory Homes, stated that the City wanted a primary residence community that everyone could afford, and because of the density approved in 1999, it will be an affordable community. A nearby trail will link to the new City park. He stated that he hoped the new City park constituted a City park vs. a system park with regard to the new impact fees, and requested a waiver of park impact fees. City Manager Gary Esplin advised that a presentation of the parks and recreation master plan will be made at the second work meeting in July. At this time staff has no recommendation on a change to the park impact fee. A 12 acre park meets the definition of what can be used for waiver of park impact fees, but connectivity to adjoining neighborhoods for use of the park also needs to be addressed. St. George City Council Minutes July 6, 2006 Page Seven Mr. Wright advised that the traffic report mentioned off-site improvements, and Ivory Homes will pay its proportionate share of these improvements. This will be addressed in the development agreement. 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 subject to a development agreement. He questioned the connectivity of the back road to the front road. Mr. Wright replied that they were fine with it either way. 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/PRELIMINARY PLATS: Public hearing to consider approval of the preliminary plat for Sun River Phase 28 located at Garnet Ridge Drive and English Ivy Drive. Darcy Stewart, applicant. And Public hearing to consider approval of the preliminary plat for Sun River Phase 20 located at Angel Arch Drive and English Ivy Drive. Darcy Stewart, applicant. Community Development Director Bob Nicholson explained that each phase contained 24 single family detached units, with a combination of public and private streets, typical in the Sun River project. The main roads are public and the access roads are private. The fire station issue is being resolved. Council Member Orton commented that long ago the City put a cap on the number of units which could be permitted in Sun River until the new freeway interchange was built. He inquired of Mr. Nicholson if these phases fell within this number. Mr. Nicholson replied that the units were limited to 1,700 until the off-ramp is built, and today there are only 900 units. An unidentified representative of Sun River advised that they are platting ahead of permits, but are restricted to 1,700 permits until the new off-ramp is built. Mayor McArthur opened the public hearing. Community Development Director Bob Nicholson clarified that there were 42 lots in each phase, not 24. Mayor McArthur closed the public hearing. MOTION: A motion was made by Council Member Gardner to approve the preliminary plats. 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 Public hearing to consider approval of the amended final plat for Shadowbrook Subdivision located at 900 East and 900 South. LeRoi Nelson, applicant. Community Development Director Bob Nicholson explained that some common area has been reduced and added to two existing lots. 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 amended final plat. 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: Community Development Director Bob Nicholson explained that the Planning Commission, at its meeting held June 27, 2006, recommended approval of the final plats for Cottages at Fossil Hills Phase 1 and Snowfield Estates. MOTION: A motion was made by Council Member Orton to approve the final plats. SECOND: The motion was seconded by Council Member Whatcott. VOTE: Mayor McArthur called for a vote and all voted aye. The motion carried. HILLSIDE DEVELOPMENT PERMIT: Community Development Director Bob Nicholson explained that the Planning Commission, at its meeting held June 27, 2006, recommended approval of a hillside development permit for Tonaquint Heights Subdivision located west of Tonaquint Drive St. George City Council Minutes July 6, 2006 Page Eight and south of Tonaquint Terrace Subdivision subject to the recommendations of the Hillsid...

...e Legacy No. 12 Townhome Subdivision with 25 dwelling units located off of Tonaquint Drive at Windsor Drive is submitted for approval. Council Member Orton asked with the increase at The Legacy, how much of Tonaquint Drive will be improved. Community Development Director Nicholson advised he is not sure of improvement schedules. City Manager Esplin explained the project was developed and owned by The Legacy and then given back to original property owner. The option to require the developer to complete 50% of road improvements may not be available. Projects approved now require payment for frontage improvements if the road will be impacted. St. George City Council Minutes August 7, 2003 Page Six Council Member Whatcott made a motion, seconded by Council Member Orton to approve the final plat for The Legacy Phase 12 and authorize the Mayor to sign it. All voted aye, motion carried. Community Development Director Nicholson reviewed two items of interest discussed at the last Planning Commission meeting. A yoga studio could be considered as a conditional use permit in the Administrative and Professional Zone located at 410 East Tabernacle Street. A preschool could be considered as a conditional use permit in the Agricultural zone located at 2131 South 3430 East. Conditional use permit to care for large animals at the Veterinary Clinic at 730 N. Dixie Drive. Community Development Director Nicholson indicated Dr. Craig Brinkerhoff is the applicant. In May 2003 the council upon recommendation of the Planning Commission amended the Zoning Ordinance to designate a large animal vet clinic as a conditional use allowed in the zone. Dr. Brinkerhoff has applied for a conditional use permit. The use for treating large animals was shown on the plans that were submitted to the building department. At the Planning Commission meeting a couple of citizens spoke in opposition. Ross Hurst spoke in opposition but has withdrawn his opposition. The staff feels that if area is properly cared for it should be compatible with surrounding area. There was discussion concerning a conditional use permit, if it was temporary and if it could be withdrawn. A conditional use permit can be withdrawn if the conditions under which it is approved are not complied with. Dr. Brinkerhoff addressed the council. He explained that his clinic has been in this location for 15 years. At the time he located to the property only Lewis Meats was in the area. He indicated he was told verbally that he was grandfathered in, however; he did not get it in writing. He has kept the stalls clean; there is a hedge to block the view of the animals. Mayor McArthur asked how long animals are housed on the property. Dr. Brinkerhoff explained most of the animals are treated and released the same day. However, surgery generally requires 2 day stay although some animals will stay a week if drainage or other care is necessary. He explained he does not board horses. Mayor McArthur invited anyone else in attendance to make comments. Doug Terry indicated he represents owners of a commercial development and homeowners in Sunset Plateau. He indicated the minutes from the February 1990 request reflect the use was denied by the Planning Commission. He indicated one of the reasons the request at the July 29, 2003 meeting was denied is that Dr. Brinkerhoff has been treating large animals knowing the request was denied in 1990. He explained his clients feel very strongly that this is not an appropriate use for this zone. He asked the council to consider appropriate restrictions as to type and length of stay of animals at the clinic and also blocking the view. He asked for the council to limit the stay to same day in and out treatment. Council Member Isom arrived at 5:00pm Council Member Orton commented he is hesitant to put restrictions on the way the business can be run as none of the council members have experience in this type of business. Maybe an animal needs more than same day treatment. Council Member Whatcott commented the vet clinic was built 15 years ago next to a slaughter house. Is it fair to ask the clinic to move to the outskirts of town every time development comes close to the clinic? St. George City Council Minutes August 7, 2003 Page Seven Council Member Whatcott made a motion, seconded by Council Member Orton to approve the conditional use permit. Council Member Gardner indicated Dr. Brinkerhoff has assured the council the clinic won?t be used as horse boarding facility, rather only for animals there for treatment. He suggested a barrier in front of the coral portion to appease the neighbors be installed. Dr. Brinkerhoff indicated he would not be opposed to doing that. Council Member Orton indicated there is already a barrier on the side; other businesses are not required to add barriers as part of a condition of doing business. Council Member Whatcott amended motion to include the stipulation that clinic will not be used for boarding. Council Member Orton seconded the amended motion. All voted aye, motion carried. PUBLIC HEARINGS Public hearing to consider approval of a zone change from PD Commercial to C-2 Commercial and Open Space on 30.28 acres located at 100 South between River Road and the East Black Ridge and generally north of the Target store Community Development Director Nicholson explained the site is a total of 30.28 acres. The C-2 zone change consists of 21.3 acres and the open space would consist of 8.95. The Planning Commission recommends approval with a development agreement that stipulates the usage and some requirements on landscaping. The agreement would stipulate the area subject to the Hillside Ordinance. Mayor McArthur asked the council for questions and invited the applicants to speak. The applicants didn?t make any comments. Mayor McArthur opened public hearing. Council Member Allen arrived at 5:10 p.m. Bob McGregor addressed the council in opposition to the zone change. He indicated the use is incompatible with the homes in the area. He indicated the noise from the Wingers Restaurant and the Target store is disruptive. Mayor McArthur asked Mr. McGregor if he has seen the list of uses allowed in the zone and commented his point is well taken. Mr. McGregor was provided a list of types of businesses not allowed in the zone. Council Member Gardner asked if stipulations can be placed on possible tenets at this point. Mayor McArthur declared the public hearing closed and asked council for discussion. Council Member Orton made a motion to approve the zone change subject to Planning Commission stipulations. Council Member Isom seconded the motion. Council Member Whatcott asked concerning the road that goes about half way into the property and doesn?t line up with existing roads, will it create a problem. Ed Burgess indicated the road will line up with the Applebee?s and Wingers restaurant entrance. A traffic survey has been done and it addresses the right hand only turn. Mayor McArthur called for a roll call vote as follows: St. George City Council Minutes August 7, 2003 Page Eight Council Member Whatcott, aye Council Member Orton, aye Council Member Isom, aye Council Member Allen, aye Council Member Gardner, aye Motion carried Public hearing to consider amendment of the Blackridge Planned Development zone to replace the proposed movie theater with a four story office building and for modifications to the site layout which includes restaurants and retail for the parcel east of 250 West Street located at the northeast corner of 250 West Street and the Blackridge Drive intersection Community Development Director Nicholson explained the planned development was approved several years ago. The amendment involves a small portion of the planned development. At the time the plan was approved, the site was presented as a movie theater. The applicant wants to replace the proposed theater with a four story office building. The building is 11 feet above the elevation of the curb and will have a reflective glass exterior. He explained there is concern about having a reflective glass building, the applicant indicates it?s only about 30% reflective and has been asked to bring some samples for the council to evaluate. Mark Nielsen, the architect for this project, provided a sample of the glass. Mayor McArthur expressed concern with a glass building on the side of a hill and indicated it?s not the intent of the valley to draw attention to one particular office building. There was discussion regarding the placement of the building on the site and possibly moving it closer to the side of the hill. Concern was expressed regarding the height of the building and the prominence of the reflective glass exterior. Mayor McArthur declared the public hearing open. Phillip Bunderson spoke in opposition to the amendment. He expressed concern with the height of the building and loss of view from his property. He also expressed concern with area being a hazardous waste landfill containing buried asbestos and construction digging up the asbestos and creating a health hazard. Steve Brown a landowner and co developer of the property spoke in favor of approval of the amendment. He explained there is a blue clay soil problem on the hillside. More load on a small footprint would decrease the chance of movement or settlement of the building. Council Member Whatcott asked Mr. Brown if he had a plat showing the changes versus the original. Les Stoker indicated the proposed placement of the theater compared with the proposed building on the site plan. There was discussion concerning the size of the proposed building. The foot print would be smaller than the movie theater. Richard Evans distributed a handout to the council detailing his concerns. He spoke in opposition to the proposed amendment. He expressed concern with regard to the view, the asbestos situation, noise from restaurants and garbage collection. St. George City Council Minutes August 7, 2003 Page Nine Johnny Watts spoke in opposition to the amendment. He expressed concern regarding drainage of the property and a decrease in property value as a result of the building blocking the view. Sheryl Brown distributed an exhibit to the council and spoke in favor or the amendment. Kay Hancock indicated he has no objection to an office building and spoke in favor of the amendment. Steve Brown indicated there are four story buildings in the City of St. George. The proposed building is tucked into the corner of the lot as much as possible. The view of the back of the hillside is the only view that will be blocked. The way the measurements for the height of the building should be done and the restrictions within a Planned Development zone were discussed. Also discussed was minimizing future possible problems with regard to the footprint of the building in blue clay. Steve Brown indicated the developer is not affiliated with the other contractor that has caused concern for the neighbors. The Planned Development zone will control drainage of the area. Richard Evans spoke in opposition to the amendment. He expressed concern over loosing his view and the property value decreasing. An unidentified member of the audience indicated that when contractors are done they leave and no one knows who to address problems to when they leave. He explained he has been threatened with a lawsuit by other entities when Ence Construction is the one who made the problem. City Manager Esplin indicated the City may have to mediate some of those problems. He committed to review it again. However, that issue needs to be resolved independent of issue currently before council. With regard to drainage of this project, drainage has to be taken off site. Mayor McArthur declared public hearing closed. Les Stoker indicated the master plan for this project shows that no water will run over the wall. There is a storm drain that goes under Blackridge Road that will handle the drainage. Mayor McArthur commented he still has concerns as to whether this is an appropriate place for this type of building and is concerned about the reflection of the glass. City Manager Esplin advised it would be difficult to make a decision without going to the site to see where the building is in relation to the hill. The developers can stake out the corner of the building so the council can evaluate the site. A site visit was discussed as was the impact of the building on the community. Sheryl Brown indicated she had a picture showing the glass and the property site with the stakes. Only four windows of the homeowners will have the building in its view. City Manager Esplin expressed concern that due to the use of reflective glass the building will become a sign or a beacon. He thinks an office building is a good use of the site. Council Member Orton made a motion to continue the matter and to schedule a site visit. Council Member Isom seconded the motion. All voted aye, motion carried. St. George City Council Minutes August 7, 2003 Page Ten Public hearing to consider approval of an amended Planned Development zone for the Fossil Hills PD to allow for access to the proposed Grand Vista Cove subdivision from Basswood Circle rather than River Road. Community Development Director Nicholson explained the issue for discussion is access into the proposed 13 lot subdivision. He provided some history of the development. The Planning Commission recommends access from Basswood Circle as the preference although the plat was approved with access from either Basswood Circle or River Road. Mayor McArthur declared the public hearing open. Louis Martin spoke in opposition to the change. She expressed concern regarding a third road surrounding her home and commented that the proposed road would not meet the ordinance requiring a 25 foot set back from a house. She expressed concern with respect to the additional traffic and limited access. A walkway on the easement would be acceptable. Hank Kodele spoke in opposition to the change and expressed concern with the additional traffic in the subdivision as well as concern with regard to emergency access. He indicated a walk way would be acceptable and encouraged council to vote for access on River Road. Robert Rands expressed concerned regarding who has requested the change. Mayor McArthur indicated the City Manager indicated a public hearing should be held to discuss this issue now that the property is going to be developed. Robert Rands spoke in opposition to the change and expressed concern with drainage and the width of the proposed street which would be 44 feet wide rather than 50 feet. The addition of sidewalks will make the road even narrower. Jeff Stewart spoke in support of the change. He indicated he doesn?t like the idea of isolating 13 homes form the community and doesn?t think the increase in the number of car using the streets will make much of a difference. Loa Anhear spoke in opposition of the change and expressed concern regarding traffic. The proposed road will face her living room. She also expressed concern regarding why it has to be brought before the council again after the decision regarding access was made 9 years ago. Don Jones indicated he lives on Basswood Circle. He spoke in opposition to the change. He indicated Basswood Circle is not a safer alternative to River Road. The streets are narrow and there are no sidewalks. Ken Murphy with Bush and Gudgell Engineering spoke in support of the change. He indicated the speed on River Road is approximately 45 MPH and he doesn?t think subdivision access should be onto a collector road. Lorraine Rands spoke in opposition to the change. She indicated there is a good view of traffic each direction on River Road. Site on Basswood Circle is short. Council Member Isom asked for input from Aaron Baker with the Public Works Department. Aaron Baker explained that it would be a poor recommendation to have access for a 13 lot subdivision on to a major collector street. However, a signal at the intersection would help. The recommendation from the staff engineering department is that access should go into a residential street rather than a major collector road. St. George City Council Minutes August 7, 2003 Page Eleven Council Member Gardner asked if the width and clearance from the building lot 17 meet City standards. Aaron Baker indicated he can?t address the offset of the building. He indicated it?s not uncommon in new developments to have a lot with three streets surrounding it. Sight concerns can be addressed at that the new intersection. The majority of roads in Bloomington Hills are not improved and the streets are narrow. The pavement width for the proposed residential street will be 26 feet. The width of the existing 50 foot wide easement was discussed. Whether the existing easement is a road or only an easement was discussed. If a road is built it could be an infringement on property owners. City Manager Esplin explained building a new road creates a hardship on an existing subdivision when homes have been built with no road indicated in the master plan. If there are other alternatives to serve the 13 lot subdivision, they should be considered because of the existing extenuating circumstances. Development will happen all along River Road. His recommendation is to provide access via River Road and provide walking access between the 2 neighborhoods. Hank Kodele indicated The Knolls and St. James subdivisions have access onto River Road. Mayor McArthur closed the public hearing. Council Member Whatcott made a motion to construct a walk through the two neighborhoods street access for the 13 lot subdivision will be from River Road. Council Member Orton seconded the motion. Mayor asked for further discussion. Council Member Gardner commented there is justification to have access into the neighborhood. The concern that swayed him is clearance between the proposed road and Mrs. Martin?s house. Council Member Allen commented the City has annexed 7000 acres of developable land south of the City. River Road will be very busy. There is concern for the long term, but she is concerned over the setbacks of existing homes adjacent to the proposed road. Council Member Whatcott commented that he lived in that neighborhood it is about 3/4 of a mile to get onto River Road via the residential streets. He would much prefer to access River Road than drive the narrow roads. 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 Motion carried. Council Member Whatcott made a motion, seconded by Council Member Orton to approve the preliminary plat with access onto River Road with a walk way between the two neighborhoods. Mayor McArthur called for a roll call vote as follows. Council Member Whatcott, aye Council Member Orton, aye Council Member Isom, aye St. George City Council Minutes August 7, 2003 Page Twelve Council Member Allen, aye Council Member Gardner, aye Motion carried Public hearing to consider amendment to the Hidden Valley Planned Development site plan and building elevations for 244 townhome units in a PD zone at approximately 700 East Brigham Road. Community Development Director Nicholson explained the project was approved about 2 years ago. The changes are limited construction of all two story buildings, reducing the density to 244 units. The Planning Commission recommends approval with medians in Hidden Valley Drive. Hidden Valley Drive is the major collector road in the area. The council discussed who made the request. The request came from the staff and the Planning Commission. Mayor McArthur opened public hearing. Seeing no one here to speak he closed the public hearing. The council discussed the median which will be constructed as the project is developed. Mr. Kinsel asked regarding the price and size of condos. An unidentified member of the audience indicated the condos will sell for $100,000 and will be1400 square feet. Ilene Kinsel expressed concern regarding the effect of development on property value. City Manager Esplin indicated the project as approved previously was denser than the amended project making this a better project as it?s less dense and not as high as the previous project. Council Member Gardner made a motion seconded by Council Member Allen to approve the amendment of the Hidden Valley Planned Development site with the median to be built as indicated with building elevations for 244 townhomes units. Mayor McArthur called for a roll call 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 STAFF REPORTS Consider approval of a beer license for Mr. D?s located at 929 W. Sunset Blvd. City Manager Esplin indicated this request is for an existing business with a new owner, it is not a new license. Staff recommendation is to approve Council Member Gardner made a motion, seconded by Council Member Orton to approve the beer license for Mr. D?s located at 929 W. Sunset Blvd. All voted aye, motion carried Consider approval of a beer license for the Sicilian Gardens Restaurant City Manager Esplin indicated the application is submitted correctly and meets the City requirement. The staff recommendation is to approve. St. George City Council Minutes August 7, 2003 Page Thirteen Council Member Orton made a motion seconded by Council Member Whatcott to approve a beer license for the Sicilian Gardens Restaurant. All voted aye, motion carried. Council Member Isom was excused. PUBLIC HEARING Public hearing to receive input from the public with respect to the issuance by the City of St. George of its Excise Tax Road Revenue Bonds. Series 2003 in an amount not to exceed $5,500,000 (the ?Series 2003 Bonds?) Mayor McArthur declared the public hearing open and asked for comments. Seeing no one to make comments, Mayor McArthur closed public hearing. STAFF REPORTS Consider approval of a change order for repair of the County road as a result of the installation of the new water line for the Gunlock wells City Manager Esplin explained the County is requiring additional work on the road in the amount of $39,000. The County requirement is to put a better road in than what was there before. A representative from Progressive Contracting Inc. (PCI) explained the amount of the change order was agreed on in negations with Frank Kell and PCI. PCI is not asking for much more than hard costs. Council Member Whatcott made a motion seconded by Council Member Orton motion to approve the change order. All voted aye, motion carried. Consider approval of a change order to widen the Dixie Drive Bridge City Manager Esplin explained the change order will allow the contractor to widen the bridge in connection with the current project rather than having to do it in the future. Funds will come through the issuance of excise bonds. This project will have to be done as Dixie Drive will eventually carry as much traffic as Sunset Blvd. It will delay the completion of the current project by about five months. The amount of money saved by doing it now rather than at a future time was discussed. A conservative estimate is approximately $300,000 - $350,000. Council Member Gardner made a motion, seconded by Council Member Whatcott, approve change order. All voted aye, motion carried. Consider approval of a change order for engineering with Parson Brinkerhoff for the Dixie Drive Bridge City Manager Esplin indicated the change order is not to exceed $445,727, of that amount approximately 8% is the design fee and 10% is the construction management fee. These amounts are within industry standards. The costs associated with the change order were discussed. The costs include widening the road and modifying the bridge. Design costs are included in the change order. Heritage Subdivision access will be included in this project. The portion of the project involving widening of Dixie Drive from the entrance of Tonaquint Drive back to the bridge will come before the council for approval at a later date. Council Member Orton made a motion to approve the change order indicating it includes design fees for bridge, Heritage Lane and frontage on City property. St. George City Council Minutes August 7, 2003 Page Fourteen Aaron Baker provided a cost break down. The design for the bridge widening is $154,451 representing 11.6% of the total cost, the Tonaquint Park frontage design is $49,392, construction management to widen...

...pproval of an agreement to upsize sewer and water lines in 2070 South near Tonaquint. City Manager Gary Esplin explained that the developer is required to put in an 8" sewer line but the City would like to upgrade to 12" lines and pay the additional cost under the City?s current policy of using impact fees to plan for future growth in that particular area. MOTION: A motion was made by Council Member Gardner to approve the agreement. SECOND: The motion was seconded by Council Member Allen. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. AGREEMENT: Consider approval of a construction engineering agreement with Alpha Engineering for the 100 West storm drain project. City Manager Gary Esplin explained that the 100 East storm drain project was bid out but only one bid was received which was way over the estimate so staff is redesigning and rebidding. The City still needs a contract with Alpha to do the construction engineering services, staking, inspections, etc. MOTION: A motion was made by Council Member Orton 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. FINAL PLATS: Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held April 11, 2006, recommended approval of the following five final plats: Paragon Cove Townhomes Phase 5, located off of Cliff Point Drive, south of 1450 South Street. Mr. Gail Maxwell is the representative. Stone Cliff Phase 10 located at the southwesterly portion of the development off of 1450 South street, east of River Road. Mr. Gail Maxwell is the representative. The Cliffs of Snow Canyon Plat H located east of Snow Canyon Parkway at approximately 3052 North. Mr. Ryan Cowley is the representative. St. George City Council Minutes April 20, 2006 Page Four Franklin Place Phase 1 located at 2450 South and Little Valley Road. Quality Development is the applicant. Sun River St. George Phase 18 located off of Arch Angel Drive, south of the Sun River Parkway. Mr. Darcy Stewart is the applicant. MOTION: A motion was made by Council Member Orton to approve all five final plats. SECOND: The motioned was seconded by Council Member Gardner. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. LOT SPLIT: Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held April 11, 2006, recommended approval, with conditions, of a request to split one lot into two parcels located at approximately 250 East and 825 South (Dixie High School property). Mr. Dennis Patten is the representative. Mr. Bradley explained that the lot split would improve pedestrian traffic at the Dixie High School campus. He explained that the Planning Commission?s approved the lot split 5-0 with the standard conditions of recording a lot split with the respective easements and deeds and also a reciprocal access agreement from the school property to the new parcel and all access issues to be resolved with the City Traffic Engineer. MOTION: A motion was made by Council Member Allen to approve the lot split with conditions 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. SITE PLAN & BUILDING ELEVATION: Associate Planner Mark Bradley explained that the site plan & building elevation is for the Blackridge Office Building #2 located within the Blackridge Planned Development Commercial zone at 250 West and Black Ridge Drive. Mr. Steve Brown is the applicant. Mr. Bradley stated that this is an amended portion of the planned development. He said that originally it was going to be a theater and then a three-story office building. Mr. Bradley said that this went before the Planning Commission to determine whether this proposed request would be considered a significant change to the planned development. The Planning Commission recommends approval with the suggested conditions:(1) the applicant must resolve the parking discrepancy during the plan check process (SPR application), (2) platting of the lots is required, (3) rooftop mechanical units (HVAC) shall not exceed the parapet wall height, (4) the east elevation (the side facing Bluff Street) shall have additional varied architectural relief added to the center of the building to break up the long uninteresting expanse, the applicant may vary the wall plane with a facade or by offsetting the floor plan, and (5) the building shall be twenty feet (20') lower in elevation than the existing building. Council Member Bunker asked what the difference was in the new revised addition. Mr. Mark Wilson, architect with MRW Design, explained that they were using different materials with color and texture of different stucco material and that it also pops out two feet (2'). MOTION: A motion was made by Council Member Gardner to approve the request with the conditions made by the Planning Commission. SECOND: The motion was seconded by Council Member Whatcott. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. CONDITIONAL USE PERMIT: Consider approval of a conditional use permit for a new LDS seminary building located at approximately 250 East and 825 South, south of Dixie High School. Dennis Patten, agent for the LDS Church, applicant. Bob Nicholson, Director of Community Development, advised that the applicant proposes to construct a 9,210 square foot, single story church seminary building for students to attend classes and for related administration. He explained that the building would be accessed by a drive lane that comes off 400 East. Mr. Nicholson said that the site plan shows an area set aside for a potential future road that could be put through to 900 South if it is determined to be necessary. The Planning Commission recommends approval with the following conditions: (1) provide a cross access agreement between the School District and the LDS Church, (2) provide fourteen parking spaces, (3) process a lot split application and meet conditions, (4) submit a SPR application, and (5) comply with the City Traffic Engineer requirements for access and circulation. City Manager Gary Esplin suggested making a condition with the School District that they would agree to leave an area open for a possible connection to 900 South. St. George City Council Minutes April 20, 2006 Page Five MOTION: A motion was made by Council Member Gardner to approve the Conditional Use Permit with the conditions made by the Planning Commission and that if future needs require it, the LDS Church will provide the ability to connect with a future possible road that would go to 900 South. SECOND: The motion was seconded by Council Member Orton. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. CONDITIONAL USE PERMIT: Consider approval of a conditional use permit to construct an LDS church stake center at approximately 2400 East and 3400 South, west of Little Valley Road. Dennis Patten, agent for the LDS Church, applicant. Bob Nicholson, Director of Community Development, explained that the applicant proposes to construct a 24,459 square foot, single story church building with an associated outdoor pavilion. He said that the Planning Commission has recommended approval with the following conditions: (1) submit a SPR, (2) comply with City Traffic Engineer requirements for access and circulation, (3) coordinate with affected utilities to provide appropriate infrastructure; sewer, water, electrical, gas, etc., to the site, (4) coordinate with the Development Services Department to ensure that roads comply with the master road plan and coordinate utilities with the road construction, (5) mitigate the canal that bisects the property to the satisfaction of the Development Services Department, and (6) comply with the City?s concurrency policy for offsite roadway and sewer improvements. Council Member Allen asked if the canal was going to part of a trail system. Mayor McArthur said that the canal on this property was not part of the Washington Canal and would not be included in the trail system. MOTION: A motion was made by Council Member Gardner to approve the Conditional Use Permit with the conditions as stated. SECOND: The motion was seconded by Council Member Bunker. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. CONDITIONAL USE PERMIT: Consider approval of a conditional use permit to construct an indoor go-cart track, snack bar, conference rooms, and possible indoor climbing wall within an existing building in the Millcreek Industrial Park located at 3146 East Deseret Drive. David Robinson, applicant. City Manager Gary Esplin explained that at the March 16, 2006 City Council meeting, the City Council approved amending Title 10 Zoning Regulations, Chapter 11 ?Manufacturing Zones,? Section 10-11-2 ?Uses?, to add ?Recreational Enterprises? as a conditional use within the M-2 zone. Bob Nicholson, Director of Community Development, stated that the applicant proposes to establish and operate an indoor go-cart track, restaurant, and three conference rooms inside of a leased industrial building. The applicants also wish to be considered for a possible future indoor climbing rock wall. He said that the Planning Commission recommended approval with the following conditions: (1) the site be approved only for two indoor go-cart tracks, associated ancillary restaurant (snack shop) and conference rooms, (2) a future indoor rock climbing wall may be permitted by staff, (3) 75 parking spaces have been determined to satisfy the parking requirements based upon submitted parking calculations, (4) the applicant shall obtain a city business license, (5) existing outside lighting shall comply with dark sky lighting design, (6) additional outside lighting shall be added to the front of the building and shall also comply with dark sky lighting design, and (7) signage shall be under a separate permit. Mayor McArthur asked about the hours of operation. The applicant said that the hours of operation would be 11:00 a.m. to 10:00 p.m. Monday through Thursday, Friday and Saturday hours would be 11:00 a.m. to midnight and they would be closed Sunday. Council Member Bunker asked about the exhaust system. The applicant said that they have upgraded to six fans which will turn over the air in the building every 10 minutes instead of every 30 minutes. Four of the fans are on an automatic sensor and two of the fans will be manual so they can be turned on and left on. MOTION: A motion was made by Council Member Whatcott to approve the Conditional Use Permit with the stated conditions. 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 April 20, 2006 Page Six CONDITIONAL USE PERMIT: Consider approval of a conditional use permit to construct a new Children?s Justice Center at approximately 450 East and 500 South. Patricia Sheffield, applicant. Bob Nicholson, Director of Community Development, explained that the Planning Commission first determined that a ?Children?s Justice Center?, a private/public partnership is similar to ?Public Buildings? as listed as a conditional use in residential zones. Mr. Nicholson stated that the Planning Commission than had a lengthy discussion on the merits of the application and the conditional use. Mr. Nicholson said that one of the complaints the neighbors had at the Planning Commission meeting was the parking. The CJC has weekly and monthly meetings and in the existing facility there is not enough off-street parking so there has been parking on the street. The new proposal has 18-20 parking spaces behind the proposed building. The building is a large two story house with a driveway on the left side, typical front yard, playground area and parking lot. Council Member Allen asked if the existing Justice Center will be removed or left there. Mr. Nicholson said that he thought the current facility would be razed but stated that the applicant would be able to address that question. Mr. Nicholson said that the Planning Commission recommended approval with conditions that would include but not be limited to the following: (1) determination that the use is similar to a public building, (2) redesign the driveway to avoid close proximity to an existing power pole, (3) 20 parking spaces are adequate for this application, (4) any proposed future expansions would require additional review by the Planning Commission and City Council, (5) obtain a city business license, (6) submit a Site Plan Review application, (7) a lot merger is required to combine SG-928-A and SG-928-B, (8) staff to determine whether a privacy wall is necessary, (9) there shall be no overnight use or residency in the building, (10) the site shall be used only for interviewing and training purposes, (11) make all possible effort to keep the mature tree(s) on the site, particularly in the front, (12) no signage, and (13) there shall be no therapy services performed on site. Mr. Nicholson explained that a letter, signed by some of the neighbors, opposing the request was in the packets of information. Patricia Sheffield, Director of the Children?s Justice Center (CJC), explained that the Center?s mission is to offer a safe, neutral, child-friendly environment where children can be interviewed by professionals from law enforcement and Child Protective Services when there are allegations of sexual abuse, severe physical abuse, drug endangered children and internet crimes against children. Ms. Sheffield stated that in the proposed new location nothing about the operation of the Center will change. The new location will provide an environment that will better meet the needs of the growing community. She said that when the house was first donated for the Center it was assumed that 100 - 150 children would be interviewed in a year. In calendar year 2004, there were 266 children interviewed; in 2005 there were 324 children interviewed, an increase of 18%. The current facility is not adequate to handle the number of children being interviewed. Ms. Sheffield stated when they vacate the current building it will go back to IHC. Council Member Orton asked how many people attended the monthly and weekly meetings that are held at the Center. Ms. Sheffield stated that the weekly meeting is attended by approximately 25 professional people from various agencies that work with the CJC. There is an advisory meeting once a month attended by approximately 20 people and a 501c3 Friends Board meeting held once a month that is attended by 10 people. Council Member Orton asked how many staff members worked at the Childrens Justice Center. Ms. Sheffield said that there were 3 staff people - herself as Director, a Victim Services Coordinator, and an Office Coordinator. Council Member Orton asked Ms. Sheffield what happens when a child needs a place to stay. Ms. Sheffield explained that if a child is removed from their family it goes through Child Protective Services. She stated that the Children?s Justice Center does not house children. Council Member Bunker asked if the meetings Ms. Sheffield discussed are held at the current location and why they feel they need a 6,000 sq. ft. facility for the new location. St. George City Council Minutes April 20, 2006 Page Seven Ms. Sheffield acknowledged that the new location would be much larger than the current location. She explained that at the current facility if there is more than one family in the Center at one time she has to give up her office or have them go out to the porch or backyard in order to accommodate the one family in the living room. She stated that in a community as small as ours it is important that the people feel comfortable coming into the facility and if there?s too much interaction between families it can be very awkward for everyone, especially the children. The new facility would allow them to keep the families separated in staff offices that are private. Ms. Sheffield said that right now the Victim Services Coordinator is working in the kitchen and there is no privacy for conversations and confidentiality. The Center currently has two interview rooms and it is generally not adequate to get the interviews done without scheduling people very close together. She said that they want to build for the future. Council Member Bunker asked Ms. Sheffield about the ages of the children who were served by the Center. Ms. Sheffield said that the ages of the children interviewed are between 3 and 17 with an average age of 8 ? years. About 98% percent of the cases are sexual abuse cases. City Attorney Shawn Guzman stated that the way it used to work, the funding would go through the County so the employees of the Center were actually County employees. He asked Ms. Sheffield if that were still the case. Ms. Sheffield said that was still the case. She explained the agreement with the Attorney General?s office and Washington County and that the State Legislature gives the appropriation through the Attorney General?s office and the Children?s Justice Center is under the County?s umbrella. The staff of the Center are considered County employees but it is State money. It?s a pass-through. Attorney Guzman raised the question about why the Center would need a Business License since they are County employees and it is a County operation even though the State funds it. He stated that for all intents and purposes it?s a County facility. Attorney Guzman noted that the criteria set forth by the Planning Commission limited the Center to ?interviewing and training? purposes. He explained that he knows that some Children?s Justice Centers have medical exam rooms and he said that he would not want to preclude that from happening in the future. He stated that if they limit it to ?interviewing and training? purposes only, if the Center wanted to make such a move in the future to help in detecting crimes and wants to do it in a way that helps the children feel comfortable when they?ve gone through a traumatic event, they may not be able to do that. He stated that a big concern seems to be the overnight use of the facility. He explained that by law the Center cannot take custody of children. He asked Ms. Sheffield if she thought those things would limit their ability to make changes in their program in the future. Ms. Sheffield stated that at the present time they have an arrangement with a Pediatrician in town who does all of the medical exams. The 501c3 Board purchased the forensic medical equipment that is required. If it were necessary in the future it would be one small room where the forensic medical equipment would be located and the doctor would come to the Center when it was necessary to do one of those exams. Attorney Shawn Guzman asked Ms. Sheffield if she wanted to include the ability to have the exams done at the Center in the request. Council Member Orton asked Ms. Sheffield if she thought having therapy as a service should be part of the request. Ms. Sheffield said that to have the flexibility of the exam room would be very helpful. She stated that they do not provide on-site therapy. She explained they are concentrating their efforts on providing core services and those are spelled out in State statute and providing therapy is not one of those functions. She said that providing referrals to therapy is and they coordinate that kind of program for children and their families. Ms. Sheffield said that she believed that the recommendation of the Planning Commission was for ?investigation, prosecution, administrative and training?. Mayor McArthur asked if there was a spokesman for the neighbors to present their concerns to the Council. He stated that he would allow the spokesman to speak for 5-6 minutes and he would allow the other individuals who wanted to speak 3 minutes. Debra Clark stated that she lives in the neighborhood that would be impacted by this facility. Council Member Allen asked Ms. Clark exactly where she lives. St. George City Council Minutes April 20, 2006 Page Eight Ms. Clark said that she lives at 549 South 400 East. She stated that when she walks out her front door she sees the hospital. Ms. Clark said that she represents a large number of citizens of the community who are concerned about the application for another Conditional Use Permit in the neighborhood. She stated that they strongly believe that residential zoning areas should and must be preserved for the protection of both current and future families to support and strengthen neighborhoods and also to preserve the value of current and future homes in the area. She said that there is not one person who is against the building of a new Children?s Justice Center. She said that their goal is the firm preservation of the existing zoning to support and promote a family-style neighborhood such as has been in existence there for many years. Ms. Clark stated that granting Conditional Use Permits, exceptions to existing law, parallels the destruction of an ecosystem or habitat. She said that it is a slowly encroaching, gradual takeover of established family centered neighborhoods into a conglomeration of isolated homes among inharmonious, inappropriate, out of place office buildings. She explained that they had done some searching in the General Plan that supports their position and mentioned how St. George had been carefully laid out by the pioneers with broad streets and beautiful homes in the older, established neighborhoods. She said that they read that development should respect patterns and precedence and boundaries and districts. She said that they feel that they live in one of the older districts of St. George and need help in protecting that. Ms. Clark talked about having pride in the appearance of their neighborhood and community and stated that there is a relationship between that and community pride, security and a sense of well-being. Ms. Clark stated that it says in the General Plan that the present planning challenge is to direct and manage growth in order to preserve the quality of life now enjoyed by residents. It also says that the residents of every community have the right to determine the quality of life they wish to preserve and that all land use decisions shall be consistent with the General Plan. She said that they researched what happens when a Conditional Use Permit is approved and found that the proposed use will contribute to the general well being of the community, it will not be detrimental to the health, safety, welfare or aesthetics of persons residing or working in or injurious to property or improvements in the vicinity and in harmony with the intent and purpose of the Master Plan. Ms. Clark said that their zone is R-1-8, a single-family residential zone the purpose of which is to provide low density, residential neighborhoods with proper controls of public and semi-public uses. She said that they still questioned that the CJC is a public entity. She said that the definition of public is ?open to the community at large? and she understands that everyone could go to the Center but she said that the usage is by such a small amount of the population. Ms. Clark continued with the description of public uses which lists churches, schools, libraries, parks and playgrounds which serve the requirements of families. They are intended to prohibit those uses that would be harmful to a single-family neighborhood, which she stated, is what their neighborhood is. She said the General Plan outlines permitted uses as single-family dwellings, gardens and trees, pets, accessory buildings, home occupations and residential facilities for the disabled. She said that the Conditional Uses are churches, schools, child nurseries, parks and playgrounds, public utilities, residential facilities for the elderly, public buildings and other uses in harmony with the intent of the zone and similar in nature to those listed. Ms. Clark that said she looked up ?public? in the dictionary and it said ?pertaining to the people at large; open to or shared by all the people; known to all, not secret; engaged in service to the people of the community.? She said that she also added ?public spirited, seeking the best interest of the community of people.? Ms. Clark stated they are seeking the best interests of the neighborhood and community. She referred to slides that showed some things that are already impacting their neighborhood on Conditional Use Permits. She stated that the critical issue is that the proposed building will begin a change that will eventually result in other office-type buildings and businesses with a few homes of greatly depreciated value remaining among the large buildings. She stated that the majority of families will have either been pressured or chose to move away in order to find family-style neighborhoods in which to raise their children. She said she expected the elected officials to represent and support the neighbors in this endeavor. Ms. Illa May Blake stated that she lives at 494 East 500 South directly across the street from the proposed site. Ms. Blake said that the neighbors were not against the Children?s Justice Center but they are against encroaching on the neighborhood. She said that the area is saturated with traffic and mentioned surrounding schools, the hospital and doctor?s offices. Ms. Blake said that if the City allows this change to take place they might as well zone the entire street for commercial use. Ms. Blake stated that the neighbors strongly believe in the Children?s Justice Center but they feel that everyone would be better served if it were moved to an outlying area. Ms. Blake said that many years ago the residents were promised that the businesses would never cross 400 East. She asked the City Council to deny the Conditional Use Permit and let the property be sold to developers who would build single-family homes. Mr. Mike Alton stated that he lives at 535 South 440 East Circle which is about one-half block from the proposed CJC. Mr. Alton expressed concern about two predators in the last nine years who have been caught near the Children?s Justice Center. He stated that even one predator in the neighborhood is too many. Mr. Alton said that St. George City Council Minutes April 20, 2006 Page Nine the persons who are involved in the regrettable trauma of the workings of the CJC could likely be attracted to the building and hang around in the neighborhood. Mr. Alton said that it is a well-known fact that there are many registered sex offenders throughout the town. Mayor McArthur stated that after the citizens spoke he would like the Chief of Police to address the concerns about the predators and registered sex offenders. Mr. Kenneth Poulson stated that he lives directly across the street from the proposed CJC. He said that he just bought a home that had been a rental for years. They bought the home and have been remodeling it as a single-family home. Mr. Poulson said that his concerns as a homeowner directly across from the empty lot is the landscaping. He said that the proposed building is a 5,000 sq. ft. house compared to his 1,100 sq. ft. home. He said that it will out-look the existing homes in the neighborhood. He also wanted to know about what type of landscaping there will be. He said that he heard that it was going to be desert landscaping compared to most of the other homes in the neighborhood that have grass and trees in the front. He said that he would want the proposed building to blend in with the existing homes. Another neighbor came forward and stated that the CJC presented plans to build on only two lots but she stated that they could be divided into three large 9,000 sq. ft. lots for three homes and three families. She said that a new cul de sac could also be added that could accommodate another seven family homes. The neighbor said that the proposed building is 6,000 sq. ft. and that the CJC wants to be unpretentious and an unknown location but she feels that it will stand out and will be known. She said that she feels that there will be traffic and parking issues as well. She stated that she wants IHC to plan it all together at once and that the rest of it be zoned residential. She said that Patricia Sheffield said that IHC has first rights to buy back the land if it were ever to be sold. She asked that the Conditional Use Permit not be granted. Ms. Chris Brubaker stated that she lives at 432 East 500 South right across from the present Children?s Justice Center. She said that she wanted to speak to a possible compromise that would: (1) scale the building down so it would be harmonious in size to the existing homes, (2) the built space which includes the structure and the parking area needs to be matched with equal or at least adequate green space as already planned, (3) build the new building next to the Jubilee House, (4) require a legally binding agreement that IHC consent to sell the remaining property in the block to a developer who would build single-family homes that would abide by the R-1-8 zone, and (5) table the issue at this time to look at a compromise or viable working alternatives. Mr. Lloyd Cannon lives directly behind where the proposed building will be built. He stated that the parking lot will be right next to his fence. He said that people who live on the east side of the building will not be able to get into the back end of their property. Mr. Cannon recommended that they change the driveway from the middle of the block to the east side of the block for access. Mr. Cannon said that part of the block is an eyesore and something needs to be done to beautify the area. Mr. Richard Merrill stated that he lives on 700 South. Mr. Merrill said that his concern is when the Children?s Justice Center outgrows its needs in the proposed building and reverts back to IHC. He said that he wants the City Council to look at what the building will be used for. He asked if it would be compatible with the single-family resident neighborhood. He stated that he thought they would use it for an office building or doctor?s offices which is out of the realm of a single-family unit. Mr. Merrill implored the Council to turn down the Conditional Use Permit. Ms. Clark returned to the podium and stated that in preparing the presentation many people whom they spoke to felt the same way except that they had given up hope. They said that promises had been broken by IHC in the past and that it was a ?done deal.? Ms. Clark said that she loves the neighborhood but they are inundated with Conditional Use Permits. She asked that the Council put themselves in their place and think about their own neighborhoods and what they envision for the environment surrounding your own private homes. She said that they are asking the Council to allow them their own vision. She said that the Children?s Justice Center could go some place else but that the people who lived in the neighborhood could not. She concluded by stating that the neighborhood is not against the Children?s Justice Center, it is against more Conditional Use Permits in their neighborhood. She asked the Council to please deny another Conditional Use Permit. Council Member Orton asked Ms. Clark if the Children?s Justice Center was a bad neighbor. Ms. Clark stated that it is not a bad neighbor but some of the comments made in the neighborhood meetings mentioned seeing police cars at the facility in the middle of the night. She said some people have alleged that there is activity there during the night. Council Member Orton said that it is his understanding that the CJC is not getting a new Conditional Use Permit; they are just moving to a new facility. St. George City Council Minutes April 20, 2006 Page Ten Mayor McArthur said that it is not a new use. Ms. Clark said that it was her understanding that there was going to be a granting of a Conditional Use Permit for this brand new facility and that the neighbors want to say they don?t want any more Conditional Use Permits. She said that it was their understanding that the Council was going to grant or not grant a Conditional Use Permit for the new building at this meeting. Mayor McArthur said that was true. He said that it was on the Agenda as a request for a Conditional Use and that presentation has been made. Council Member Orton stated that in the past he served on the hospital board for several years and the neighborhood is better now than when it was the main facility. He said that the neighborhood is quieter, has less traffic and is drastically improved with IHC moving their main campus. Council Member Gardner said that he knew because of the pressure from the neighbors and some lines that were drawn, IHC made the decision to move outside of the neighborhood and not impact the area anymore. He said that it doesn?t mean that there still isn?t appropriate uses associated with the neighborhood too. Council Member Gardner stated that he knew of a couple of Conditional Use Permits that were turned down and building applications that were denied. He stated that everything hasn?t gone against their neighborhood. The Council is very sensitive to that. Council Member Gardner asked Ms. Clark if anyone has had a conversation with IHC about the issues raised. Ms. Clark said that they hadn?t had time. Some of the neighbors felt that they didn?t get adequate notification. She said that they had gotten the presentation together at the very last minute. She said that they would like to. Council Member Allen stated that she is on the Board and that it is no longer IHC, it is Intermountain Health. She stated that the neighbors are associating the Children?s Justice Center with IHC. She said that the land had been purchased by IHC years ago and things have drastically changed over time. She said that she has seen and has worked on the plan for the long-term future of hospital facilities and nothing is included in this area of town. She said that things will probably lessen in that area of town as the hospital builds up more on its main campus. She said that she thought they could set up a meeting with hospital administration and some members of the Board and have a discussion with the neighborhood. Council Member Allen stated that the land has sat there for quite some time and the hospital has not used it and that is not the direction they are moving in. She stated that she thinks this is mute to the conversation about the Justice Center. She stated that she doesn?t feel that the Children?s Justice Center is a detriment to the neighborhood. Ms. Clark said that they never called it a detriment to the neighborhood. She said that what they are worried about is the fact that Intermountain Health has the first rights to buy back the property if something were to happen. Council Member Whatcott asked if they are selling the property or is the Children?s Justice Center has a land lease. Ms. Sheffield said that the land has been donated to the Children?s Justice Center and is being deeded to them in the name of the Friends of the Washington County CJC, which is the 501c3 IRS designated fund raising organization. The building is being built with private donations. She said that the hospital has given them the land after working for more than two years with them. Mayor McArthur clarified that it says that if the CJC is not successful or if they move the property would be deeded back to the hospital. Ms. Sheffield stated that the hospital has the first right to buy the property from them. Council Member Orton asked if the Conditional Use Permit were not approved would they look for another piece of property. Ms. Sheffield said that they would but she didn?t know how they would do it. She stated that they have outgrown the current facility and there have been many people involved in trying to help them move forward to help protect the kids in this community. She said that they have architects, Southern Utah Homebuilders, and a contractor all on board with only $249,000 left to raise in order to build the facility. They have a grant pending for the remaining $50,000. She asked if the Chief of Police could talk about statistics as far as perpetrators. Council Member Whattcott said that he agreed that this was a business use in a residential area. He said that he recognizes the need for children to go into an environment that is a comfortable setting and not walk into a commercial office building to do interviews. He asked Ms. Sheffield if this was their way of protecting the children or if it was an opportunity to use a piece of property that has been donated to them. St. George City Council Minutes April 20, 2006 Page Eleven Ms. Sheffield stated that it was their opportunity to protect the children and to continue to do exactly what they are doing now in a facility that will better meet the needs of a growing community. Council Member Whatcott asked if an office building was built that was nice and didn?t look like a commercial, sterile environment would provide the services just as well as this home. Ms. Sheffield said that she knows of one Children?s Justice Center that is in more of a commercial looking building and comments from parents is that it brings up apprehension on the part of the child when they go there because it looks more like they are walking into a Police Station or a doctor?s office. All of the other facilities are in home settings. Mayor McArthur asked Ms. Sheffield if the interior of the building looked like a home. Ms. Sheffield stated that it did with the exception of the offices that will be located in the back. Council Member Whatcott asked if the three Children?s Justice Center staff members are among those doing the interviewing. Ms. Sheffield explained that the staff at the Children?s Justice Center do not do any interviewing. She said that the interviewing is done by law enforcement and Child Protective Service workers who are specifically trained in child interviewing techniques. Council Member Whatcott asked if they would be successful if they were going into an office building versus a residential looking facility to interview the children who have been abused. Ms. Sheffield stated that she did not believe so. Mayor McArthur asked Police Chief Stratton to come up and address some of the issues that had been raised. Police Chief Marlon Stratton stated that he felt strongly the children need to be in a residential setting. He said that it is more effective for the police. He stated that they used to bring the children to the Police Department but the objective with the Children?s Justice Center is to bring them into a more comfortable environment. Mayor McArthur asked Chief Stratton to address the issues of the sexual predators and registered sex offenders. The Mayor asked him to discuss what the police are doing in the community about these things. Chief Stratton stated that in St. George, the police are identifying the registered sex offenders within the City. He said that officers are assigned to specific areas of the City and the Community Action Teams are going to the homes to confirm that they are living where they say they are. He said that they are required by law to register. If they are not living there, the Police Department will file criminal charges against the individual and will issue a warrant. Mayor McArthur asked if the Police were finding many registered sex offenders that weren?t living where they were supposed to. Chief Stratton said that there aren?t a lot but there are some. He said that when this happens the Police pursue criminal complaints through the County Attorney?s office for those who have left or moved without updating the registry. Council Member Bunker asked Chief Stratton about the concerns about perpetrators being around the facility. She asked what kinds of problems there are currently and what the Chief of Police would perceive would happen with the new facility. Chief Stratton stated that in his opinion he believes that perpetrators would stay as far away from the facility as possible due to the presence of the Police Department. He said that he felt the new facility was a beautiful addition to the neighborhood. Council Member Gardner asked the Chief to explain how the police are involved with the Children?s Justice Center. Chief Stratton stated that the police work through Child Protective Services to transport the children to the Center. He said that the police officers are trained to conduct interviews with the children. Chief Stratton said that most of the children they bring to the Children?s Justice Center are small children who have been abused either physically or sexually. Mayor McArthur asked County Attorney Brock Belnap to address the Council. County Attorney Brock Belnap said that he would like to add his support for the Children?s Justice Center. He said that it provides an incredible service to young children who are in a traumatized and victimized state by making available in one place at one time experts who are trained in interviewing and in social work to St. George City Council Minutes April 20, 2006 Page Twelve appropriately interview them and find out the truth. It helps minimize the trauma that would otherwise face them if they were preceding under a traditional system where they would be interviewed by the Police, then by DCFS, then by prosecutors, and then re-interviewed. He stated that all through that process there is the risk of suggestion and additional traumatization to the child. He explained that by taking the children to a residential, non-threatening system, having people who are trained in the methods of talking to children and not leading them or suggesting things to them, he is able to get at the truth which helps prosecutors when the cases are taken to court. He said it all centers around having a facility that is in an appropriate residential, non-threatening place to start the process. Mayor McArthur said that he understands that the neighborhood is not against the Children?s Justice Center, it?s the value of the neighborhood as a residential area. The Mayor talked about how the neighborhood has changed since the time that he lived close to it and recognizes that the hospital has encroached on the area. He stated that he liked that the purposed building looked like a home. Mayor McArthur said that he had spoken to one of the executives from IHC about giving something back to the neighborhood. The Mayor stated that the Council is very concerned about neighborhoods and understands that this is a touchy issue. Mr. Bill Freeman stated that he lives at 1035 Coyote. He said that he knows that the people who live in the area are against the proposed building even though they?re for the children being taken care of. He said that he believes the new facility will be a plus for the neighborhood. He stated that in the 84770 area there are 75 registered sex offenders. He said that children who have been abused need a place to go where they can feel comfortable because their life has been destroyed. He said that if the Children?s Justice Center can turn one child around then he feels the neighbors need to be behind it. Ms. Clark stated that she appreciates the Mayor?s comments and that she has spent her life time working and teaching children. She said that if the large building is approved she is concerned about what happens to all the rest of the land. She asked what could be done to assure that the rest of the land would be used for single-family homes. Council Member Allen said that she would contact Intermountain Health to arrange a meeting with the neighbors. Council Member Gardner stated that his concern about the proposed building is that if the way it is placed doesn?t take into consideration the rest of the property they might not be able to use it the way they are intending to. He said that he would like to see the issue tabled for a week or two in order for all of the interested groups to get together an analyze future alternatives for the property. Council Member Orton stated that he thinks they have addressed that by placing the home near the street and putting a play yard and parking in the back. Council Member Gardner said that he didn?t know if the original plan would work without some analysis if a cul de sac were proposed in the future. Mayor McArthur stated that he felt there was time for that type of meeting while the Children?s Justice Center continued to raise funds. Council Member Bunker said that some of the suggestions the neighbors have made should be critically analyzed so everyone could feel more secure about it. She said that she is still concerned about the size of the proposed building. Council Member Allen stated that she felt that the actual size of houses can be deceiving just by the way they look from the outside. Council Member Bunker stated that she perceives a problem with the vacant piece of property between the Jubilee Home and the proposed facility. Mayor McArthur stated that Intermountain Health has already donated the property to the Children?s Justice Center so they don?t own it any more. Council Member Gardner said that Intermountain Health does own the rest of the property that is in question and he stated that he would like to see if they would be willing to change the boundary to make something work. County Attorney Brock Belnap stated that he had the opportunity to be involved in the negotiations to acquire the property and it has been donated in its entirety. He stated that talking to IHC about subdividing the property or putting a cul de sac in place would be a mute exercise because it belongs to the Friends Board of the Children?s Justice Center. He said that the Conditional Use Permit request should be separated from any issues that the neighbors have with IHC. He said that they are not in a position to go back to IHC and request a different piece of land to be donated. Council Member Gardner asked County Attorney Belnap if IHC had a desire to improve their relationship with the neighborhood. St. George City Council Minutes April 20, 2006 Page Thirteen County Attorney Belnap stated that he would encourage the community to have their dialogue with IHC. He said that any change in the location would set the Children?s Justice Center?s plans back dramatically. He requested that the Council act on the Conditional Use Permit request and not table the request. Mr. Jason Timberlain stated that he lives at 466 South 500 East. He stated that his property backs up to the proposed parking lot. He said that he is not against the proposed building but has a concern about the proposed parking lot and play area adjoining his property. Mr. Timberlain stated that he would like to have a block wall around the back of the property which would include the parking lot and the play area. Mr. Dick Mathis stated that he is not a close neighbor but he feels the proposed building is too imposing to be built at the suggested location. He said that if it were next to the Jublilee House it would be a better fit. Council Member Allen said that this was in the process before the Foundation House burned down which is why it looks like it is in the middle of the property. A citizen came forward and stated that she felt putting the decision off one month would not set the Children?s Justice Center back that far. She repeated that the neighbors are not against the Justice Center but would like one month to have time to dialogue with the hospital. Mr. Mike Empey stated that he has been the Chair of the Advisory Board for the Justice Center since 1996. He said that they want to be a good neighbor but stated that it is important that they be in a residential neighborhood. He said that one of the primary missions of the Justice Center is to have a safe, home-like setting and they feel that this plan accomplishes that. Mr. Empey said that he was involved in some of the early discussions with IHC regarding what parcel of property they would donate. He said that they wanted to donate the parcel that was on the edge of the large area they owned so they would have more options to do other things including possible residential. He said that he would encourage the dialogue with Intermountain Health but said that he strongly believes the request for the Conditional Use Permit is a separate issue. Council Member Whatcott stated that he agrees that the neighbors have valid concerns. He stated that if they were dealing with a business situation, what they presented would be exactly what the Council would need to hear. He said, however, he can?t overlook the fact that with the proposed building the children are in a comfortable environment where they can discuss their problems rather than a sterile setting which would be a disservice to them. Council Member Whatcott said that he didn?t believe that the pictures the neighbors showed of the cemetery, college, churches, parks, and temple are derogatory influences on the neighborhood. He said that he felt those types of additions benefitted the neighborhood. He stated that he agrees that a block wall should be built in order to provide a safe and secure environment for the children. Council Member Whatcott said that the decision should be delayed. Council Member Gardner asked for clarification on the layout of the property on the plat map. He said that he would like time for the interested parties to be able to have a dialogue about the layout and other possible uses. He asked Ms. Sheffield what issues would be caused by having the decision delayed a short time. Ms. Sheffield stated that the biggest concern was the fund raising. She stated that they are receiving checks almost every day and that a delay of even two weeks could make a big difference when it comes to keeping up the momentum. She said that land was donated to them by IHC. She stated that the problems between the neighbors and Intermountain Health is a separate issue and not about what the Children?s Justice Center does. She stated that they have looked at how the building is situated on the land. She said the driveway was placed on the west side of the building because of an agreement with Intermountain Health which gives them access to the remaining property. Mayor McArthur said that he doesn?t think delaying the decision would have a negative impact on the fund raising. Council Member Gardner said that he appreciates Ms. Sheffield?s passion and commitment to this cause. He said that he doesn?t want to lose track of the mission the City Council has been on to do all they can to revitalize and reinvigorate and to protect neighborhoods. He stated that delaying the decision for a two week period of time would allow the Council to come back and responsibly report to the neighborhood that the City Council has discussed options and identified the most beneficial outcome of the discussion for the remaining piece of property. Council Member Orton stated that the agrees with the County Attorney that this is a separate issue. He said that he feels the land donation was a very generous contribution from IHC. He stated that the Council has done everything in the last two or three years to try to protect this neighborhood along with the rest of the downtown area. St. George City Council Minutes April 20, 2006 Page Fourteen County Attorney Belnap said that if the hope from a delay is that they would be able to negotiate some change to the parcel, that simply is not going to happen. He said that they have been negotiating with IHC for eight months and finally got the contract signed in early December. He said that its taken until now to get the title reports cleared and ready. He stated that delaying action on the Children?s Justice Center parcel?s Conditional Use Permit will not change things. Mayor McArthur closed the public hearing. Council Member Bunker asked Mr. Belnap about the imposing structure that is being proposed. She stated that the neighbors are concerned about the fact that it doesn?t fit into the neighborhood. She asked if a two week delay would make it possible to re-evaluate the building itself. County Attorney Belnap said that the building has been carefully designed by architects and experts around the State to accommodate programming over a significant period of time. He said that the footprint is appropriate for the area and the neighborhood. He said if they were to scale down it wouldn?t take into account the anticipated growth for the foreseeable future. Council Member Whatcott asked Mr. Belnap why they didn?t bring the request for a Conditional Use Permit to the Council before they spent so much time negotiating with IHC. He said that he feels that the Council is being backed into a corner to make an immediate decision. County Attorney Belnap stated that they thought they needed to own the property at the time they came to request the Conditional Use Permit. He said that they went to the Planning Commission and now they are making the request to the City Council. He stated that if the Council wants a delay because they think it may result in negotiating a new deal with Intermountain Health, it isn?t going to happen. He asked that the Council please consider this request on its own merits. Council Member Whatcott said that the Council has a responsibility to deal with the inner portion of blocks. He said that they are looking at ways to get single-family residences back into the area. He said that the current situation is a prime example of putting a house out front and making it difficult to access the back parcel. County Attorney Belnap said that the proposed building has the driveway on the west side to provide access for future development. MOTION: A motion was made by Council Member Orton to approve the Conditional Use Permit for the Children?s Justice Center with the following conditions: (1) removal of the Business License requirement, (2) for uses as permitted by State statues governing Children?s Justice Centers, (3) a block wall to be built behind the property, and (4) landscaping to meet the standards of the neighborhood. SECOND: The motion was seconded by Council Member Allen. VOTE: Mayor McArthur called for a vote, as follows: Council Member Whatcott - nay Council Member Orton - aye Council Member Bunker - nay Council Member Allen - aye Council Member Gardner - nay The motion failed. MOTION: A motion was made by Council Member Gardner to table the request for two weeks in order to register the concerns of the neighborhood with those that own the remaining property to encourage them to be a willing partner in making that an appropriate addition to the neighborhood. SECOND: The motion was seconded by Council Member Whatcott. Council Member Allen stated that she had already made arrangements for a neighborhood discussion with Intermountain Health. City Manager Gary Esplin stated that the Council could grant the approval of the Conditional Use Permit to be in effect 30 days from now. He said that would give them the time to have a discussion with Intermountain Health. Council Member Gardner withdrew his motion. MOTION: A motion was made by Council Member Whatcott to approve the Conditional Use Permit for the Children?s Justice Center effective 30 days from today?s date with the following conditions: (1) removal of the Business License requirement, (2) for uses as permitted by State statues governing Children?s Justice Centers, (3) a block wall to be built behind the property, (4) landscaping to meet the standards of the neighborhood, and (5) the property reverts back to residential if the Children?s Justice Center vacates the premises. St. George City Council Minutes April 20, 2006 Page Fifteen SECOND: The motion was seconded by Council Member Gardner. Council Member Allen asked for clarification regarding the motion. Council Member Whatcott said that the motion delays implementation of the Conditional Use Permit for 30 days in order for the City to go to Intermountain Health and talk to them about the development of their property next to the donated parcel. He said that this would also give staff time to look at the easement and determine whether it meets City Code. VOTE: Mayor McArthur called for a vote, as follows: Council Member Whatcott - aye Council Member Orton - aye Council Member Bunker - aye Council Member Allen - nay Council Member Gardner - aye The motion passed. Mayor McArthur called for a ten minute break. Mayor McArthur reconvened the meeting. PUBLIC HEARING/AMENDED PLAT: Public hearing to consider approval of the amended final plats for Lakota Phases 1 and 2, located on the east side of the Snow Canyon Parkway and Dixie Drive intersection, to change from individual lots to individual pads with common and limited common areas. Ence Homes, applicant. Community Development Director Bob Nicholson explained that this is a change to the recorded plats for phases 1 & 2 to change from lots to building pads with common area between the pads. He said that where lot lines exist, there is a minimum 8' setback to the side lot line. For building pads with common area between the pads the code requires a minimum 10' separation between the homes. Mr. Nicholson said the applicant wants the 10' separation between the homes rather than two 8' side yards. 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 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 Joshuas Phase 3 located at approximately 2000 South Tonaquint Drive. Salisbury Homes, applicant. Community Development Director Bob Nicholson explained that Joshuas Phase 3 has a private street network connecting to the existing private streets established in Phase 1. There is a proposed entrance off Tonaquint Drive which lines up with Mesa Palms Drive to the west. He said the homes are detached units similar to the existing homes in phase 1. Mr. Nicholson said the Planning Commission recommended approval subject to: (1) traffic engineer?s requirements for site distance and decel lane on Tonaquint Drive, (2) meet all PD zone standards, and (3) the storm-water de...

... Center renovation, the All Abilities Park, Hela Seegmiller Historic Farm, Tonaquint Cemetery Cremation Gardens and the Electric Theater. City Manager Gary Esplin explained there are issues at the Electric Theater with regard to the sidewalk and ADA requirements. Additionally, there are issues with regards to parking. Mr. Perkins provided updates on grants that have been applied for. He mentioned that the National Parks and Recreation Association has selected the City as a finalist for their Gold Medal Award, the national gold medal for excellence in parks and recreation. The winner will be announced in October. Current projects include St. James Park and the trail system, the Webb Hill Trailhead, Silkwood Park, Royal Oaks Park, the Sand Hollow Wash Trail, the Pioneer Park restroom, the Red Hills Garden and Christensen Park. Next fiscal year he will come back with a proposal for the Arts District. Challenges for his department include putting a floor in the old airport hangar so that it can be used as a recreation facility and the lights at the Canyons Complex. His budget request includes proposed increases for Cemetery fees, Marathon entrance fees, race entrance fees and Tonaquint Nature Center programs. PRESENTATION FROM THE LEGAL DEPARTMENT...

...ach for a total of 24 beds and 12 detached dwelling units to be located on Tonaquint Drive and Mesa Palms Drive. Gerry Brown, applicant. (5) An amendment to the Zoning Ordinance for yards to be unobstructed - exceptions of Chapter 3 - Supplementary and Qualifying Regulations regarding detached storage sheds. City of St. George, applicant. A motion was made by Council Member Orton and seconded by Council Member Isom to set the public hearings 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. SITE PLAN AND BUILDING ELEVATION: Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held August 14, 2001, made three separate motions concerning this request for approval of a site plan and building elevation for a proposed customer care center, an in-bound calling center located west of the cemetery on Dixie Drive. He advised that the item came before the Planning Commission to determine (1) whether the proposed customer care center is similar in nature to a data processing center, and (2) whether the amended plan is significant enough to warrant a public hearing. The Planning Commission’s motions are as follows: St. George City Council Minutes August 16, 2001 Page Five (1) They found that the use is similar in nature to that of a data processing center. (2) They found that the amended plan is not significant enough to warrant a public hearing. (3) They recommend approval of the site plan and elevation (which will be more of an earth tone rather than blue) subject to the applicants working with City Engineering staff regarding traffic studies, drainage issues, cross-access both on property and adjacent property, and to allow a landscape transfer. Council Member Allen advised that a comment was made at the Planning Commission meeting that wording in the ordinance referring to a data processing center may be outdated. A motion was made by Council Member Orton and seconded by Council Member Allen to approve the request subject to the recommendations of the Planning Commission. Mayor McArthur called for a vote, as follows: Council Member Orton - aye Council Member Allen - aye Council Member Gardner - aye Council Member Isom - 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 August 14, 2001, recommended approval of the preliminary plat for Black Hills Vista. Jeff Morby is the agent. A motion was made by Council Member Gardner and seconded by Council Member Isom to approve the plat as recommended by the Planning Commission. 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. PRELIMINARY PLAT: Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held August 14, 2001, recommended approval of the preliminary plat for the Boulders Subdivision Phase V. Steve Sheffield, applicant. A motion was made by Council Member Gardner and seconded by Council Member Whatcott to approve the preliminary plat as recommended by the Planning Commission. Mayor McArthur called for a vote, as follows: Council Member Gardner - aye Council Member Whatcott - aye Council Member Orton - aye Council Member Isom - aye Council Member Allen - aye The vote was unanimous and the motion carried. St. George City Council Minutes August 16, 2001 Page Six FINAL PLAT: Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held August 14, 2001, recommended approval of the final plat for Royal Oaks Phase 5. Kendrick Rogers, applicant. A motion was made by Council Member Gardner and seconded by Council Member Allen 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 Allen - aye Council Member Orton - aye Council Member Whatcott - aye Council Member Isom - aye The vote was unanimous and the motion carried. FINAL PLAT: Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held August 14, 2001, recommended approval of the Twin Lakes road dedication plat. City of St. George, applicant. A motion was made by Council Member Allen and seconded by Council Member Isom to approve the road dedication plat and authorize the Mayor to sign it. Mayor McArthur called for a vote, as follows: Council Member Gardner - aye Council Member Allen - aye Council Member Orton - aye Council Member Whatcott - aye Council Member Isom - aye The vote was unanimous and the motion carried. FINAL PLAT: Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held August 14, 2001, recommended approval of the final plat for South Towne Square Commercial Condominiums. Bown/Tooke, applicants. Lynette Miller, agent. A motion was made by Council Member Isom and seconded by Council Member Gardner 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 Allen - aye Council Member Orton - aye Council Member Whatcott - aye Council Member Isom - aye The vote was unanimous and the motion carried. AMENDED FINAL PLAT: Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held August 14, 2001, recommended approval of the amended final plat for the Millcreek Commercial Subdivision. City of St. George, applicant. He explained that the purpose of the amended final plat is to revise the road name of 880 North Street to 850 North Street and to show changes made on 850 North Street on the west end of the plat. A curve was placed on the west end to conform with the development on the property to the west. A motion was made by Council Member Gardner and seconded by Council Member Whatcott to approve the amended final plat and authorize the Mayor to sign it. Mayor McArthur called for a vote, as follows: St. George City Council Minutes August 16, 2001 Page Seven Council Member Gardner - aye Council Member Allen - aye Council Member Orton - aye Council Member Whatcott - aye Council Member Isom - aye The vote was unanimous and the motion carried. FINAL PLAT: Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held August 14, 2001, recommended approval of the final plat for Painted Desert Townhomes Phase 8. Vince Clayton, agent. A motion was made by Council Member Gardner and seconded by Council Member Allen 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 Allen - aye Council Member Orton - aye Council Member Whatcott - aye Council Member Isom - aye The vote was unanimous and the motion carried. FINAL PLAT: Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held August 14, 2001, recommended approval of the final plat for Sedona Hills Townhomes Phase 3. Vince Clayton, agent. A motion was made by Council Member Orton 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 Gardner - aye Council Member Allen - aye Council Member Orton - aye Council Member Whatcott - aye Council Member Isom - aye The vote was unanimous and the motion carried. FINAL PLAT: Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held August 14, 2001, recommended approval of the final plat for Ironwood Subdivision Phase III. Vince Clayton, agent. A motion was made by Council Member Whatcott and seconded by Council Member Gardner 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 Allen - aye Council Member Orton - aye Council Member Whatcott - aye Council Member Isom - aye The vote was unanimous and the motion carried. CONDITIONAL USE PERMIT: Consider a request for approval of a conditional use permit for a garage to 22’ high at 1550 West 3557 South. Jim Gregorius, applicant. St. George City Council Minutes August 16, 2001 Page Eight Associate Planner Mark Bradley advised the Planning Commission recommended approval. Notices were sent to adjacent property owners, but no comments have been received. The garage will set back 10 feet from the side yard property line and 18 feet from the rear yard property line. There are also several other homes in the neighborhood with additional height. A motion was made by Council Member Gardner and seconded by Council Member Orton to approve the conditional use permit as recommended by the Planning Commission. Mayor McArthur called for a vote, as follows: Council Member Gardner - aye Council Member Orton - aye Council Member Allen - aye Council Member Isom - aye Council Member Whatcott - aye The vote was unanimous and the motion carried. CONDITIONAL USE PERMIT: Consider a request for approval of a conditional use permit for a preschool for up to eight students in a home at 2384 East 390 North. Jennae Snow, applicant. Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held August 14, 2001, recommended approval. The applicant plans to operate her preschool in the morning only the first year. She has a teaching degree, and the home has been inspected by the Fire Department. A motion was made by Council Member Isom and seconded by Council Member Allen to approve the request as recommended by the Planning Commission. 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. CONDITIONAL USE PERMIT: Consider a request for approval of a conditional use permit for increased height up to approximately 120’ high for a manufacturing facility to be located in the Ft. Pearce Industrial Park. Ft. Pearce Industrial Park developers, applicants. Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held August 14, 2001, recommended approval. The facility is an automated retrieval system warehouse. The main part of the 100,000 sq. ft. building will be 50-55 feet in height, with the tower portion proposed to be 120’ high. Ft. Pearce Industrial Park developers, applicants. Scott Hirschi, Washington County Economic Development Director, advised that the industrial park is the appropriate place for a building of this height, and the location is sheltered from a view standpoint from all residential areas with the exception of south Little Valley. He advised that he was not aware of any other structures in this area this tall, but the temple is higher and the tabernacle is about that height. A motion to approve the request as recommended was made by Council Member Isom and seconded by Council Member Orton. Mayor McArthur called for a vote, as follows: St. George City Council Minutes August 16, 2001 Page Nine Council Member Isom - aye Council Member Orton - aye Council Member Allen - aye Council Member Whatcott - aye Council Member Gardner - aye The vote was unanimous and the motion carried. City Manager Gary Esplin commented that for the record, the City is concerned about heights, and it is important to note that the proposed location for this building is very far from the downtown area the City is trying to protect from buildings of this height. Council Member Gardner commented it was important to note that just because the request is approved by the City Council, this does not mean the building will be built. However, if the City wanted to exclude itself from being in the running for location of this company, it would not have approved the request. The applicant needs the conditional use permit in order for the proposed company to consider locating here. FEE WAIVER AND USE OF PARKS: Consider a request for a fee waiver and use of neighborhood parks for soccer games. Southern Utah Soccer League, applicant. City Manager Gary Esplin explained that many meetings have been held with regard to this request, as staff was concerned about use of neighborhood parks for this purpose. Community parks are usually scheduled for this purpose. Staff agrees with the applicant’s assertion that it is a non-profit group and would qualify for a fee waiver. However, all available City soccer facilities are scheduled for the fall and winter unless the City Council chooses to allow use of neighborhood parks. Staff is adamantly opposed to introducing organized events such as this in neighborhood parks, but if City Council chooses to do so, it is staff’s recommendation that only Sunset Park and Dixie Downs Park be used. These parks are generally isolated from nearby residences and dissimilar from other true neighborhood parks. He commented that there was no question a soccer complex was needed in the community, but the question remains of whether the City should be providing fields for programs other than those of the City, and this is also of economic concern to City staff. Staff is also concerned that the City of St. George is the only city being asked to supply fields. Since many of the participants are from surrounding communities, those communities should also be asked to provide fields for play. Assistant Leisure Services Director Herb Basso commented that since the City has already scheduled more games than it has fields for, a temporary fix would be to allow use of Sunset and Dixie Downs parks, and recommend use of other communities’ fields. There are currently more needs for fields in the community than fields. Mayor McArthur commented that a distinction can be made for use of Sunset and Dixie Downs parks in that they are located adjacent to schools. City Manager Gary Esplin commented that allowing use of neighborhood parks for organized events such as soccer league games would lead to traffic congestion in neighborhoods, as many neighborhood parks have only one road leading in and out. However, there is adequate access to Sunset and Dixie Downs parks. Council Member Gardner commented that the soccer leagues are good for economic development. He suggested this is a good opportunity to take this momentum and move forward with a soccer complex. Soccer is a growing sport and there is a growing need in the community for fields. Mr. Basso suggested taking the present energy and concern and working together to make the soccer complex a reality. St. George City Council Minutes August 16, 2001 Page Ten Council Member Orton inquired if temporary use of Dixie Downs and Sunset parks would satisfy the needs of the applicant. Mr. Basso replied that there was no other option available, and use of these two parks will relieve some of the demand for fields. Additionally, the applicant has been speaking with other communities about use of their fields. Monica Chadaz, representing the applicant, stated she appreciated the offer to use Sunset and Dixie Downs parks and they would suffice for their needs for the fall. She advised she met with Jim Johnson of the School District about using fields at the schools, as well as speaking with other communities about use of their fields. She advised she understood use of these fields was temporary, and that she and City staff would again meet to discuss use of City fields for the following year. Mayor McArthur commented that the City’s first goal is to accommodate the needs of the community at large, then the needs of others. Rosie Gracias advised she represented the AYSO organization and they have been working with the Southern Utah Soccer League to share fields. She advised the two leagues provide different services for children. Council Member Orton inquired about the fee waiver. Ms. Chadaz replied that if a fee is charged for use of the parks, an increase in dues will be necessary. Three referees are needed on each field, and a competitive program is much more involved than a recreational program. Council Member Orton suggested that further dialogue was needed in the future as there are maintenance and clean-up costs paid for by taxpayers. However, it would not hurt to allow use of two neighborhood parks for this fall season only. He then made a motion to allow use of Sunset and Dixie Downs parks for the fall season only, and waive the associated fees for use of these parks. 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 Whatcott - aye Council Member Isom - aye Council Member Gardner - aye The vote was unanimous and the motion carried. PUBLIC HEARING/ORDINANCE: Public hearing to consider an amendment to the Zoning Ordinance, Special Provisions of Chapter 19, Commercial Zones, regarding automobile sales lots. Community Development Director Bob Nicholson advised this public hearing is a continuation of a hearing held July 19. He explained that car lots are a permitted use in C-2, C-3, and C-4 zones. Conversion of a previously developed property with one or more buildings into a car sales lot requires a conditional use permit. Staff has heard many comments over the past year about the proliferation of car lots throughout the community, and the Planning Commission made a recommendation to revise the ordinance. Staff now proposes an ordinance which would require a minimum lot size of .3 acre in addition to designating certain areas of the City for car dealerships. This proposed change would not affect existing car sales businesses. Council Member Orton inquired if the City restricted other businesses to certain areas of town. St. George City Council Minutes August 16, 2001 Page Eleven Mr. Nicholson replied there is concern that many buildings which once housed fast food restaurants or gas stations are being converted to car sales lots. Council Member Gardner commented he would hate to see vacant buildings rather than car sales businesses. While he appreciated what staff was trying to do to clean up the City and make it more attractive, he expressed concern about too restrictive an ordinance that would serve to eliminate any chance a business had for survival. Council Member Orton commented he agreed with Council Member Gardner that the City should not regulate where a business can locate. However, he did approve of requirements for improvements to the property. Mayor McArthur opened the public hearing. There was no public comment, and he therefore closed the public hearing. Council Member Whatcott commented that while he agreed with what had been said, the free enterprise system is often what moves businesses to a certain location. If the City designates certain roads for car sales businesses, then a majority of the car sales businesses will move to that area, just like restaurants tend to locate at interchanges and other high traffic areas. Mayor McArthur commented he felt it important to set minimum standards for car sales businesses. Council Member Allen commented that there was something to be said for the roads chosen for car sales businesses, as some of the newer larger roads are not appropriate for car dealerships. She stated she felt car sales businesses should meet minimum standards, but was unsure if the City’s role was to regulate business. However, the City’s role is to protect the overall image of the community. A motion was made by Council Member Orton to eliminate from the proposed ordinance where car lots could locate and eliminate required frontage, but set standards of improvement. The motion was seconded by Council Member Gardner, who commented it may be more preferable to table action until a version of the proposed ordinance with suggested changes is presented at a future meeting. Mayor McArthur invoked the pending ordinance doctrine and advised the proposed ordinance would again be presented at the next regular City Council meeting. Associate Planner Mark Bradley inquired if the practice of parking vehicles for sale within road rights-of-way would be addressed in the ordinance. City Manager Gary Esplin commented this practice is already prohibited by the City’s Parking Ordinance, and should be enforced. City Attorney Jonathan Wright advised he would include language in the ordinance prohibiting parking vehicles for sale within landscaped areas. PROPERTY PURCHASE: Consider approval of a property purchase agreement with Gerry Brown/Tonaquint, Inc. for the Dixie Drive project. City Manager Gary Esplin explained the terms of the agreement including a payment by the City of $170,000 for the property. The property owner would pay his outstanding assessment from the proceeds of the sale. There is an access issue, however, in that if the City does not abandon the property and relocate the road in Heritage Lane, the City would purchase the property for $5.00 a sq. ft. and the property would not be vacated back to the adjacent property owner. If a proposed modification to access to the subdivision is made, St. George City Council Minutes August 16, 2001 Page Twelve then there will be extra property within the existing roadway which will be deeded back to Tonaquint and Tonaquint would deed property for the new road. Mr. Esplin reiterated the City would not be purchasing any property which is an existing right-of-way. City Attorney Jonathan Wright advised the road right-of-way has already been dedicated to the City and Tonaquint cannot not sell it because it does not own it. Public Wor...

...RY PLAT: Public hearing to consider approval of the preliminary plat for Tonaquint Heights Phase 1 located south of the Tonaquint Terrace subdivision and west of Tonaquint Drive at approximately 2500 South Street. Quality Development, Inc., applicant. Development Services Manager Jay Sandberg explained that the project has been through the hillside review process and a couple of field trips were made to the site. The reason only Phase 1 is being considered is because there are water supply and pressure issues which are being worked through, and Phase 1 does not have any of these issues. This project is unique in that there are pads within building envelopes on each lot which limit the amount of disturbance. The concept of the project is to maintain undisturbed areas with quite a bit of open space. Access will be off Tonaquint Drive. There are grade problems and a cooperative agreement will be needed to lower the grade on Tonaquint Drive. A cost sharing agreement is recommended to lower the grad...

...xchange and donation agreement with Quality Properties for property in the Tonaquint area. City Manager Gary Esplin advised that the Council previously approved a property transfer with Quality Development for property in the Tonaquint Valley area for property the City has adjacent to the Dixie Cente...

...tly annexed into the City. He also showed a Zoning Map, General Plan Map, Tonaquint Master Plan, Land Use Designation Map, Proposed Zoning Map, Plat and photos of the area. Planning Commission recommends approval. Mayor Pike opened the public hearing. There being no public comment, he closed the public hearing. MOTION: A motion was made by Councilmember Hughes to approve the zone change request from Mining and Grazing to R-1-10 on approximately 3.614 acres. SECOND: The motion was seconded by Councilmember Randall. VOTE: Mayor Pike called for a roll call vote, as follows: Councilmember Hughes - aye Councilmember Randall – aye Councilmember Bowcutt – aye Councilmember Baca - aye The vote was unanimous and the motion carried. St. George City Council Minutes January 21, 2016 Page Six PUBLIC HEARING/ZONE CHANGE/ORDINANCE: Public hearing to consider a zone change request to rezone approximately 4.62 acres located at the southeast corner of the intersection at 3589 South and 3000 East Street from Agriculture to R-1-10. Development Solutions Group, Inc., applicant. Planner Ray Snyder presented the request to rezone approximately 4.62 acres located at the southeast corner of the intersection at 3589 South and 3000 East Street from Agriculture to R-1-10. He showed a Vicinity Map, Zone Change Map, Aerial Map of the Site, Zoning Map, General Plan Land Use Map – LDR. Several residents attended the Planning Commission meeting to speak and advocate for a mountain riding park be created in the Little Valley area. Discussion included community growth, general plan, zoning, parks, private property rights, and liability and insurance issues. The Parks Department has been made aware of this matter and was provided contact information for the interested residents who were in attendance. Planning Commission recommends approval. City Manager Gary Esplin explained that there has been discussion about putting a culvert under 3000 East to provide access to the bouldering area. Staff is looking at a mountain bicycle skills park as part of the RAP Tax bonds that were issued. Since this is private property, if this property was to be used for this type of facility, the City would have to purchase it. An expert will soon be hired to determine the location of such a park. The City does not own any property in that area, this property is owned by SITLA. SITLA does not want people on their property. Leisure Services Director Kent Perkins is looking into what can be used on the two acre detention basin on 3000 East. Ryan Thomas with Development Solutions mentioned that there will be a four acre park at the intersection of 3000 East and Crimson Ridge Drive. There is an area more towards Banded Hills Drive that may be okay for a skills park. He explained even if they do not plan on developing an area, they still have to purchase it from SITLA. Some of the concerns at the Planning Commission meeting were that kids ride their bikes on this parcel. There are recreational opportunities in that area; he suggested that residents contact the Parks Division. City Manager Gary Esplin noted that staff can ask the consultant to evaluate the area. Mayor Pike opened the public hearing. Josh Taylor, resident, thanked the Council for the good ideas. He is not trying to stop the zone change; however, he wanted to note that there are a lot of places where kids ride their bikes in this area. There is a fairly large mountain bike park being discussed –a ton of space is not needed and it may not take much money to build one. The mountain bike community has issues that trail access is on the west side of the City; those living in Little Valley have to travel a bit. City Manager Gary Esplin explained there are assets in the Little Valley area. He does not know if all of the comments regarding possible locations for such a park need to be discussed tonight. Residents and staff can meet in the future to St. George City Council Minutes January 21, 2016 Page Seven discuss options. He asked that those in attendance who would like to be included to give their contact information to Parks Planner Mark Goble. Mayor Pike closed the public hearing. Councilmember Hughes mentioned that numbers of years ago, residents were able to ride their horses or mules in the open areas that are now homes. MOTION: A motion was made by Councilmember Hughes to approve the zone change on approximately 4.62 acres from A-1 to R-1-10. SECOND: The motion was seconded by Councilmember Bowcutt. Councilmember Baca recognized this is an excellent example of residents coming together with developers and the City. 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/VACATE TEMPORARY DRAINAGE EASEMENT/ORDINANCE: Public hearing to consider vacating a temporary drainage easement over all of lot 48 of Oakwood Estates Phase 2. Development Solutions, applicant. Assistant Public Works Director Wes Jenkins presented the request to vacate a temporary drainage easement over all of lot 48 of Oakwood Estates Phase 2. He reviewed the plat and showed the drain easement on a map. The developer is requesting to vacate the easement now even though the downstream facilities are not installed. In lieu of a detention basin, they propose to install a berm along the east side. City Manager Gary Esplin explained that the proposal will provide more coverage than the detention basin would have. Mr. Jenkins noted that this would be a temporary facility. Ryan Thomas with Development Solutions pointed out that the detention basin is about 60% built. With the capacity it currently has, there is plenty of room to bring in additional flows. Mayor Pike opened the public hearing. There being no public comment, he closed the public hearing. St. George City Council Minutes January 21, 2016 Page Eight MOTION: A motion was made by Councilmember Randall to vacate the temporary drainage easement over all of lot 48 of Oakwood Estates Phase 2. 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. SET PUBLIC HEARINGS: Planner Ray Snyder advised at its meetings held on January 12, 2016, the Planning Commission recommended setting public hearings on February 4, 2016 to consider: 1) a request to amend the General Plan from Low Density Residential to Medium Density Residential on 20.43 acres generally located on Tonaquint Drive; 2) a request to amend the General Plan from Low Density Re...

...l) to MDR (Medium Density Residential) on 20.43 acres generally located on Tonaquint Drive. Bush & Gudgell, Inc, applicant. Planner Ray Snyder presented a PowerPoint presentation covering the following topics: aerial map and general plan map; zoning map; site plan; and map of the area. St. George City Council Minutes February 4, 2016 Page Five City Manager Gary Esplin mentioned that this request went through a previous zone change hearing to change the density; however, they didn’t change the land use on the General Plan. Mr. Snyder stated that the Planning Commission recommended approval. Mayor Pike opened the public hearing. There being no public comment, he closed the public hearing. MOTION: A motion was made by Councilmember Randall to approve the ordinance amending the General Plan from LDR (Low Density Residential) to MDR (Medium Density Residential) on 20.43 acres on Tonaquint Drive. SECOND: The motion was seconded by Councilmember Bowcutt....

... 700,000 wreaths were placed this year. Their group placed 552 wreaths at Tonaquint Cemetery and the Shivwits Paiute Cemetery. He recognized sponsors who purchased more than $1,500 in wreaths. Additionally, he recognized the Civil Air Patrol members in the audience. Mayor Pike invited Justin Tuft to speak about the All Abilities Park. Mr. Tuft thanked Mayor Pike and the Councilmembers for allowing a person like him to take part in the groundbreaking for the All Abilities Park. Mayor Pike invited Craig Harvey to speak about the Landmark & Historic Sites book. Mr. Harvey explained that last year, the City was awarded a grant from the Utah State History for historic preservation projects. One of those projects was to update and republish the Landmark & Historic Sites book. This is the 3rd edition. The grant funds can only be used for historic preservation projects. As part of the grant, the City had to match half the funds to print the books. The books will be sold in the Planning Department for $15, which covers half the printing costs. Mayor Pike asked if it is possible to also sell the books at the Arts Museum. Mr. Harvey replied yes. Councilmember Randall inquired about selling the books at the Chamber of Commerce as well. Mayor Pike replied yes. St. George City Council Minutes January 22, 2015 Page Two Mr. Harvey stated that the grant covered the cost to print 150 books. He explained what qualifies a home as a historic site. Mayor Pike mentioned that on February 4, 2015, he will be presenting the State of the City address at noon at the Chamber of Commerce luncheon. Additionally, he mentioned the City Council budget planning session that will be held at the Dixie Center on February 12, 2015. That meeting will have opportunity for public comment. PROPERTY TRADE: Consider approval of a trade of City property located on 270 East Street, Lot 2 in the Confluence Commercial Center Phase II Subdivision, with Quality Excavation for property located in the Tonaquint Valley area. City Manager Gary Esplin advised this item is a proposed trade of City property. Under state law, if considered a significant parcel, it would need public comment and approval from the City Council. The proposal is to trade one lot in the Confluence Commercial Center Phase II Subdivision, approximately 1.7 acres for 15.15 acres located in the Tonaquint Valley. City Attorney Shawn Guzman advised that public comment was taken when the property was first proposed to be purchased by the Boyer Company. The Mayor is free to take comment tonight as well. Mayor Pike invited the public to comment on this item. There were no comments. MOTION: A motion was made by Councilmember Bowcutt to approve the trade of City property located on 270 East Street, Lot 2 in the Confluence Commercial Center Phase II Subdivision, approximately 1.7 acres, with Quality Excavation for property located in the Tonaquint Valley area, approximately 15.15 acres. SECOND: The motion was seconded by Councilmember Hughes. Mayor Pike commented that future use of the property could be a park or a sports field. 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. PUBLIC COMMENT: Take public comment on the sale of approximately 6.0 acres of City property located between 100 South Street and 200 South Street in the vicinity of the existing Elks Field. City Manager Gary Esplin advised this item is the sale of approximately 6.0 acres of City property. There have been discussions in the past of a need for an elementary school in St. George City Council Minutes January 22, 2015 Page Three the downtown area. Additionally, the University desires to acquire an existing elementary site. This would not affect the Sunbowl. Mayor Pike invited the public to comment on this item. Richard Hutchins, St. George resident, stated that he read an article in the newspaper stating about the proposed property sale and the efforts to keep the Sunbowl. When he first saw the Sunbowl, he thought it was an eyesore. He spoke about comments that were made online. He appreciates nostalgia; the Round Up Rodeo is important, not the Sunbowl. The Sunbowl is old, dangerous and does not have adequate parking. The rodeo can be held at a different location such as the fairgrounds or the Dixie stadium. He asked if there is an existing facility that can hold a rodeo. Mayor Pike commented that there are rodeo facilities at the County fairgrounds in Hurricane. Quite a bit of work would have to be done to hold a rodeo at Hansen Stadium, this idea was explored. Mr. Hutchins stated that he read that it would cost $2 million to renovate the Sunbowl. Old timers are trying to keep the Sunbowl by using tax payer’s money rather than utilizing it elsewhere such as the All Abilities Park. He read a comment from the internet which talks about candidates who ran in 2013 supporting the Sunbowl, in particular, Councilmember Bowcutt. Mayor Pike mentioned that this property is adjacent to the Sunbowl. This item has nothing to do with the Sunbowl. Mr. Hutchins pointed out that he voted for the candidates not knowing that they were in favor of keeping the Sunbowl. The County would purchase the property if it were available. He spoke with Superintendent Bergeson about purchasing the Sunbowl. This is a prime opportunity to get rid of the Sunbowl. Mayor Pike explained that the Sunbowl would have to be torn down, which would be very expensive. With the field, there is no demolition. City Manager Gary Esplin asked what the advantage would be to build an elementary school on the Sunbowl site rather that the Elks Field site. It does not make sense to have an elementary school on the 400 East side as the traffic is heavier. The best location is the Elks Field. Mr. Hutchins stated that the advantage is to get rid of the dilapidated property that the City is going to spend $2 million on. City Manager Gary Esplin advised that there has been no commitment to spend any money on the Sunbowl. What is in the newspaper is not the issue tonight. There is an idea of what is going to be done with the Sunbowl that is independent of the Elks Field issue. Mr. Hutchins stated that he read that the elementary school had been finagled into a two-story building to save the Sunbowl. Councilmember Hughes commented that there are others who share his opinion; however, there are thousands of people who love to attend the rodeo at the Sunbowl. He St. George City Council Minutes January 22, 2015 Page Four would not attend the rodeo if it was at the fairgrounds. There are other things that the Sunbowl can be used for. He respectfully disagrees that the Sunbowl has outlived its life. Mayor Pike stated that sod was put into the Sunbowl, and the rodeo will be run on sod. There are hopes to have soccer games there and the City has been asked to host a pro football team. The two items are being looked at separately. There is a property that requires almost no demolition. Cost was a factor in making this three way deal work. The School District has a design for a two-story building. City Manager Gary Esplin explained that if the property did not work for the School District they would not be purchasing it. A value has already been determined for East Elementary. If the Sunbowl had to be torn down, it would cost the School District more money. Councilmember Almquist stated the focus is that there is an elementary school downtown. During the election, he stated that each of the three candidates stated that were merits of the Sunbowl that they liked. Mayor Pike stated that he appreciates the comments, but purchasing the Sunbowl site was not workable. Councilmember Almquist added that the School District, the University, and the City have spent months working together to make this work for St. George. Washington County School District Superintendent Larry Bergeson stated that they appreciate how well everyone works together in Southern Utah. Prior to him being in his position, it was determined that a new elementary school was needed in the downtown area. East Elementary is aging and the School District is looking at possibly spending hundreds of thousands of dollars to repair just the roof, which they do not want to do if they are going to replace it. This proposal works for them. Normally, they need approximately 10-acres to build an elementary school. The Dixie Middle school property was built on a limited amount of space; therefore it was built as a 3-story building, which they love. Future middle schools will be built similarly. The elementary school will be built as a two-story and will not need as large as a play area as it will have a high school length gym. They do not feel forced into any decision and are excited to be building a school of this design so they can see how it works. Hopefully in the future, this will allow them to use less acreage as they build future schools. They see this as a win-win-win-win situation if you count the Sunbowl. The purchase of the ground between them and the University and the purchase of the property they purchase from the City are two separate contracts. The transportation costs they will save by locating the school here is an asset for them. It will not be a bussing school. Councilmember Almquist added that the school will be allowed to use the Sunbowl. Additionally, there will be additional uses for the Sunbowl. City Manager Gary Esplin commented about the possibility of the street to the South of the Sunbowl being narrowed to provide a perfect access to the park. Superintendent Bergeson added that the School District prefers that the school be built on the Elks Field side rather than the 400 East side since that location is busier. St. George City Council Minutes January 22, 2015 Page Five Crystal Hanza, resident, stated that she is excited for the location of the proposed school. She is concerned about children going to Vernon Worthen Park because there are shady people who like to hang around the park. She asked if there would be a secure playground area. City Manager Gary Esplin explained that would be a question for the School District. They will have to install a fence and control the access. If they had an event that was larger, they could take them to the park supervised. Ms. Hanza asked if the Sunbowl is not being used, will the school be able to use it. Mayor Pike answered that the School District was told they could use it. Marsha Lawhorn, resident, stated that she lives near the area and is concerned with the noise, lights and the parking issues at the Sunbowl. When it was built, things were different, there were not loud speakers. She came from an area that had wonderful rodeos. With the growth of St. George, she believes that the City would want to move the rodeo out of town to an area with more room. Things such as livestock and horse trailers do not belong near the Temple, a chapel or a school. She stated that she would attend a rodeo if it was in Hurricane and does not go to the Round Up Rodeo because it is a rinky dinky rodeo. She would rather see a big rodeo that is not outdoors bothering neighbors. She thinks having a new school at the Elks Field is a good idea. Before decisions are made, she hopes that there will be a public hearing and a referendum as there are a lot of people who do not want the Sunbowl there. She would not purchase a home across the street from rodeo grounds. Councilmember Bowcutt asked Ms. Lawhorn if she would consider purchasing a home across the street from a football field. Ms. Lawhorn replied yes. Councilmember Bowcutt stated that the Sunbowl was used as a football field for many years. He explained that the Round Up Rodeo is not a rinky dinky rodeo, in fact, it is a professional rodeo sanctioned by the PRCA with top named cowboys participating. He stated that 63% of those that participated last year went on to compete in the National Finals Rodeo. Ms. Lawhorn stated that she did not mean to put down those that participate in the rodeo; she meant that the facilities are not large enough. Mayor Pikes stated that although he appreciates the comments, they do not apply to this item. Ms. Lawhorn explained that the reason she chose to come here tonight is because there have not been any public hearings about the Sunbowl. She reads in the paper that things are happening; she would like to see more transparency. Councilmember Randall stated that she does not understand why comments are being made that the Council is doing things without transparency. The Sunbowl is there, nothing has been said about what is going to happen to it. There has been complete transparency. The only thing that is being discussed is the Elks Field. If there is discussion on improving the Sunbowl, the public will be invited to comment. St. George City Council Minutes January 22, 2015 Page Six Councilmember Hughes asked if the Council does ask for public opinion and half say they want it torn down and the other half want to keep it, what does the Council do? If there can be four wins in this situation, there cannot be a better solution. Ms. Lawhorn stated that during the election she was not aware that she was voting for a candidate because they were going to save the Sunbowl. When she wrote the Mayor a letter and his response was that the people have spoken, these are the people who were elected. Councilmember Bowcutt commented that perhaps Ms. Lawhorn did not follow the platform of the candidates. Ms. Lawhorn explained that there were several issues that were important to her. She asked that there be public referendum. Mayor Pike advised that there will not be a referendum, but there will be public comment. Devin Roberts, resident, stated that he likes the Sunbowl in the area and likes the fact that there can be rodeos in the middle of town - it makes the City unique. Until there is a better use for the Sunbowl, nothing should be done with it. Additionally, he does not believe the 4th of July celebration should stop because of the loud fireworks. He lives near there and does not mind it. Not everyone hates the Sunbowl. Ed Baca, citizen, stated that he believes everyone wants the best education for the elementary schools and the college. Superintendent Bergeson addressed all concerns mentioned tonight. East Elementary School is always being used and soccer is always being played there. They do not have adequate parking there. He appreciates the fact that the Council had the public comments tonight as it lends to transparency. He understands that the Council meets in closed session to discuss property sales and purchases. To take the step to discuss this item in an open meeting is a big deal that he appreciates. SALE OF CITY PROPERTY: Consider approval to sell City property located between 100 South Street and 200 South Street in the vicinity of the existing Elks Field to the Washington County School District. Councilmember Hughes asked if price would be discussed at this time. City Attorney Shawn Guzman advised that the property will be sold for the value that is negotiated. MOTION: A motion was made by Councilmember Almquist to approve the sale of City property to the Washington County School District for value negotiated. 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 St. George City Council Minutes January 22, 2015 Page Seven Councilmember Bowcutt – aye Councilmember Arial – aye The vote was unanimous and the motion carried. Mayor Pike advised that staff will work with the School District on a purchase agreement. PUBLIC HEARING/ROADWAY VACATION/ORDINANCE: Public hearing to consider vacating a portion of Marigold Way and a 45-foot turn around access easement. John Willis presented a request to vacate a portion of Marigold Way. The purpose of the vacation is to plan for a future road in the proposed Hyde Berry Park Subdivision final plat. A small sliver of the road as well as the 45-foot turn around access easement will be vacated. The vacation should not be recorded until the final plat is recorded. Mayor Pike commented that this was discussed previously and is a clean-up item. He believes this will be a great improvement. Mayor Pike opened the public hearing. There being no public comment, he closed the public hearing. MOTION: A motion was made by Councilmember Arial to approve the vacation of a portion of Marigold Way and a 45-foot turn around access easement for the completion of the road. SECOND: The motion was seconded by Councilmember Randall. VOTE: Mayor Pike called for a roll 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/BUDGET AMENDMENTS/RESOLUTION: Public hearing to consider amendments to the FY2015-15 Budget. City Manager Gary Esplin advised the proposed adjustments are as follows: 1) To budget for receipt of a grant from Firehouse Subs for the purchase of a rescue equipped 6-wheel Polaris Ranger to facilitate rescue in rugged terrain, HazMat incidents, and special event stand-by (marathon, Ironman, etc.); 2) To budget for the receipt of the Autism Speaks Neighborhood Grant and to increase the Police Department’s budget to purchase bracelets and supplies needed to implement a tracking program for individuals with medical conditions like Alzheimer’s, Autism, Asperger’s, etc.; 3) To budget for a Districted Driving Enforcement grant (for a second year), from the State of Utah which includes overtime and the purchase of supplies and equipment; 4) To budget for a new Accountant position in the Finance Department anticipated to start around January 2015 (half-year of funding of $29,100 is requested); 5) To budget for receipt of a grant from the Utah Humanities Council and a private donor’s contribution to help with installation costs of the InVisible exhibit; 6) To budget for converting the Sunbowl facility from a dirt St. George City Council Minutes January 22, 2015 Page Eight infield to sod to accommodate more year-round uses; 7) To budget for additional Christmas lights for the St. George Boulevard, Main Street, and Town Square; 8) To budget for a safety lighting project for the general aviation ramp at the airport. The project will be funded by PFC; 9) To budget for audio visual system upgrades in the Council Chambers and the Administrative Conference room; 10) To budget for participation in $7,340 professional fees for architectural plans for phase 1 of a new fleet building with bays to accommodate heavy equipment and large trucks; 11) To budget for unforeseen repairs to the chip seal spreader’s electrical control system; extending the equipment useful life an additional 10 years; 12) To budget for repairs and sediment removal from the Santa Clara River at the Southgate Golf Course caused by the two flood events in August and September 2014; 13) To budget for repairs of the substantial damage caused to the Middleton Wash Trail from the two flood events in August and September 2014; 14) To increase the budget for the Tonaquint Cemetery Secondary roadway project to pay property taxes as per t...

...Arthur opened the public hearing. Cody Larson advise he owns a home in Tonaquint Terrace and feels the value of his home will depreciate if this project is built as proposed. His views will be affected and there will be more traffic next to a school. There being no further public comment, Mayor McArthur closed the public hearing. Council Member Pike advised he would like to hear the letter in opposition to the project. Ray Snyder read the letter in opposition to the zone change. Council Member Pike inquired what the zoning is to the west. Mr. Snyder replied that it is predominantly R-1-10. Council Member Bunker commented that while some of the mansion homes have been beautiful, she had a problem locating them in this area of high density. She stated she had a problem with the zone change unless there was a good reason for changing it. She stated she agreed that the traffic would be a problem for the school. Council Member Pike commented that this project meets Dixie Vision principles. City Manager Gary Esplin commented that this project is exactly what the City has been requesting developers do, however, the City Council needs to make sure it is the right design and located in the right place. The project has a park and open space. Additionally, the City has been encouraging different types of housing products under the Vision Dixie plan. There is the possibility of apartments right next to this project, but R-1-10 zoning would be a more difficult transition than medium density. Council Member Shakespeare commented that this 100 units, added to another 100 units in R-3 zoning, would create 200 units of high density housing. While there is no question the conceptual design is pretty, the General Plan says that attainable housing should be spread throughout a community, and 200 units is too many in one location. It is a proven fact that attainable housing is best in small segments and disbursed throughout the neighborhoods. If this project is approved, in time the City will be asking for problems. There is no question the project will work when new, but when it gets older it will backfire. City Manager Gary Esplin replied that there will be a HOA to maintain the project. Single family units can turn into rentals just as well as three-plexes, and the concept is to locate this type of housing next to schools and churches. Design drives the product, not density. This is the concept of Vision Dixie and the City?s planning process of the past several years. Council Member Almquist inquired if a discussion had been had with the owners of the R-3 property about their desires for the property. Brett Burgess replied that the owner of the property is Tonaquint, Inc., Gerry Brown. He advised he tried to purchase the property from Mr. Brown, but Mr. Brown was not interested in selling it. He advised he has seen layouts for the property and it was high density apartments. His project will transition between the R-1-10 and R-3 zoning. Council Member Bunker inquired why medium density is a better buffer than R-1-10. St. George City Council Minutes February 7, 2008 Page Eight Mayor McArthur replied that this has normally been done in the past. Council Member Shakespeare advised she would like further discussion on this request in a work meeting. MOTION: A motion to deny the request was made by Council Member Shakespeare. City Manager Gary Esplin explained that if the request is denied, the applicant has to wait one year before he can come back with another request. He suggested the matter be tabled instead. SUBSTITUTE MOTION: A motion was made by Council Member Shakespeare to table the matter. SECOND: The motion was seconded by Council Member Pike. VOTE: Mayor McArthur called for a vote, as follows: Council Member Shakespeare - aye Council Member Pike - aye Council Member Almquist - no Council Member Bunker - no Mayor McArthur - no The motion failed. Council Member Almquist commented that the design of the buildings makes the density more palatable, as well as the amount of landscaping and open space and park. The project is also located on flat land and not in hillside. MOTION: A motion was made by Council Member Almquist to approve the General Plan amendment. SECOND: The motion was seconded by Council Member Bunker. VOTE: Mayor McArthur called for a vote, as follows: Council Member Almquist - aye Council Member Bunker - aye Council Member Pike - no Council Member Shakespeare - no Mayor McArthur - aye The motion carried. PUBLIC HEARING/ZONE CHANGE/ORDINANCE: Public hearing to consider a zone change from R-1-10 to PD Residential on 11.7 acres located generally at 1100 West and south of Curly Hollow Drive. Brett Burgess, applicant. Mayor McArthur opened the public hearing. Natasha Wright, a resident of Tonaquint Terrace, advised none of the homes in Tonaquint Terrace are two story and do not block the views. She stated she would hate to see apartments or townhomes built nearby, especially as many as proposed. She advised when they are rented out land values will depreciate and traffic and drugs will come into the neighborhood. She stated single family homes such as those in Tonaquint Terrace would have less problems. She stated if the amount of uni...

... and the motion carried. Presentation on concept of Cremation garden at Tonaquint Cemetery City Manager Gary Esplin explained to the Council that the proposed Cremation garden at the Tonaquint Cemetery was budgeted for in this current fiscal year and that th...

...: Consider award of bid to Progressive Contracting to build the 600 West Tonaquint and 400 East Tabernacle roundabouts. Purchasing Manager Connie Hood advised Progressive Contracting submitted the low bid of $549,117.67. There were 3 bidders for this project. City Manager Gary Esplin stated the roundabouts will have landscaping similar to what is on the other side of the road. Additionally, there will be a sidewalk and the roadway will be widened and tie in to Dixie Drive. He advised that the Council authorized expenditures of funds to finish the entire project. Staff will be providing some of the trees at the nursery. Councilmember Arial asked if there were plans for landscaping within the roundabouts. Citizens are concerned about the height of some of the plants used. City Manager Gary Esplin stated that staff can make sure they are not too high. There is a potential for an art piece in the middle. Safety is always a concern. Councilmember Hughes stated he is not generally in favor of roundabouts; however, he has concluded that drivers do not drive through them properly. MOTION: A motion was made by Councilmember Hughes to award the bid to PCI for the 600 West Tonaquint and 400 East Tabernacle roundabouts in the amount of $549,117.67....

... 700,000 wreaths were placed this year. Their group placed 552 wreaths at Tonaquint Cemetery and the Shivwits Paiute Cemetery. He recognized sponsors who purchased more than $1,500 in wreaths. Additionally, he recognized the Civil Air Patrol members in the audience. Mayor Pike invited Justin Tuft to speak about the All Abilities Park. Mr. Tuft thanked Mayor Pike and the Councilmembers for allowing a person like him to take part in the groundbreaking for the All Abilities Park. Mayor Pike invited Craig Harvey to speak about the Landmark & Historic Sites book. Mr. Harvey explained that last year, the City was awarded a grant from the Utah State History for historic preservation projects. One of those projects was to update and republish the Landmark & Historic Sites book. This is the 3rd edition. The grant funds can only be used for historic preservation projects. As part of the grant, the City had to match half the funds to print the books. The books will be sold in the Planning Department for $15, which covers half the printing costs. Mayor Pike asked if it is possible to also sell the books at the Arts Museum. Mr. Harvey replied yes. Councilmember Randall inquired about selling the books at the Chamber of Commerce as well. Mayor Pike replied yes. St. George City Council Minutes January 22, 2015 Page Two Mr. Harvey stated that the grant covered the cost to print 150 books. He explained what qualifies a home as a historic site. Mayor Pike mentioned that on February 4, 2015, he will be presenting the State of the City address at noon at the Chamber of Commerce luncheon. Additionally, he mentioned the City Council budget planning session that will be held at the Dixie Center on February 12, 2015. That meeting will have opportunity for public comment. PROPERTY TRADE: Consider approval of a trade of City property located on 270 East Street, Lot 2 in the Confluence Commercial Center Phase II Subdivision, with Quality Excavation for property located in the Tonaquint Valley area. City Manager Gary Esplin advised this item is a proposed trade of City property. Under state law, if considered a significant parcel, it would need public comment and approval from the City Council. The proposal is to trade one lot in the Confluence Commercial Center Phase II Subdivision, approximately 1.7 acres for 15.15 acres located in the Tonaquint Valley. City Attorney Shawn Guzman advised that public comment was taken when the property was first proposed to be purchased by the Boyer Company. The Mayor is free to take comment tonight as well. Mayor Pike invited the public to comment on this item. There were no comments. MOTION: A motion was made by Councilmember Bowcutt to approve the trade of City property located on 270 East Street, Lot 2 in the Confluence Commercial Center Phase II Subdivision, approximately 1.7 acres, with Quality Excavation for property located in the Tonaquint Valley area, approximately 15.15 acres. SECOND: The motion was seconded by Councilmember Hughes. Mayor Pike commented that future use of the property could be a park or a sports field. 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. PUBLIC COMMENT: Take public comment on the sale of approximately 6.0 acres of City property located between 100 South Street and 200 South Street in the vicinity of the existing Elks Field. City Manager Gary Esplin advised this item is the sale of approximately 6.0 acres of City property. There have been discussions in the past of a need for an elementary school in St. George City Council Minutes January 22, 2015 Page Three the downtown area. Additionally, the University desires to acquire an existing elementary site. This would not affect the Sunbowl. Mayor Pike invited the public to comment on this item. Richard Hutchins, St. George resident, stated that he read an article in the newspaper stating about the proposed property sale and the efforts to keep the Sunbowl. When he first saw the Sunbowl, he thought it was an eyesore. He spoke about comments that were made online. He appreciates nostalgia; the Round Up Rodeo is important, not the Sunbowl. The Sunbowl is old, dangerous and does not have adequate parking. The rodeo can be held at a different location such as the fairgrounds or the Dixie stadium. He asked if there is an existing facility that can hold a rodeo. Mayor Pike commented that there are rodeo facilities at the County fairgrounds in Hurricane. Quite a bit of work would have to be done to hold a rodeo at Hansen Stadium, this idea was explored. Mr. Hutchins stated that he read that it would cost $2 million to renovate the Sunbowl. Old timers are trying to keep the Sunbowl by using tax payer’s money rather than utilizing it elsewhere such as the All Abilities Park. He read a comment from the internet which talks about candidates who ran in 2013 supporting the Sunbowl, in particular, Councilmember Bowcutt. Mayor Pike mentioned that this property is adjacent to the Sunbowl. This item has nothing to do with the Sunbowl. Mr. Hutchins pointed out that he voted for the candidates not knowing that they were in favor of keeping the Sunbowl. The County would purchase the property if it were available. He spoke with Superintendent Bergeson about purchasing the Sunbowl. This is a prime opportunity to get rid of the Sunbowl. Mayor Pike explained that the Sunbowl would have to be torn down, which would be very expensive. With the field, there is no demolition. City Manager Gary Esplin asked what the advantage would be to build an elementary school on the Sunbowl site rather that the Elks Field site. It does not make sense to have an elementary school on the 400 East side as the traffic is heavier. The best location is the Elks Field. Mr. Hutchins stated that the advantage is to get rid of the dilapidated property that the City is going to spend $2 million on. City Manager Gary Esplin advised that there has been no commitment to spend any money on the Sunbowl. What is in the newspaper is not the issue tonight. There is an idea of what is going to be done with the Sunbowl that is independent of the Elks Field issue. Mr. Hutchins stated that he read that the elementary school had been finagled into a two-story building to save the Sunbowl. Councilmember Hughes commented that there are others who share his opinion; however, there are thousands of people who love to attend the rodeo at the Sunbowl. He St. George City Council Minutes January 22, 2015 Page Four would not attend the rodeo if it was at the fairgrounds. There are other things that the Sunbowl can be used for. He respectfully disagrees that the Sunbowl has outlived its life. Mayor Pike stated that sod was put into the Sunbowl, and the rodeo will be run on sod. There are hopes to have soccer games there and the City has been asked to host a pro football team. The two items are being looked at separately. There is a property that requires almost no demolition. Cost was a factor in making this three way deal work. The School District has a design for a two-story building. City Manager Gary Esplin explained that if the property did not work for the School District they would not be purchasing it. A value has already been determined for East Elementary. If the Sunbowl had to be torn down, it would cost the School District more money. Councilmember Almquist stated the focus is that there is an elementary school downtown. During the election, he stated that each of the three candidates stated that were merits of the Sunbowl that they liked. Mayor Pike stated that he appreciates the comments, but purchasing the Sunbowl site was not workable. Councilmember Almquist added that the School District, the University, and the City have spent months working together to make this work for St. George. Washington County School District Superintendent Larry Bergeson stated that they appreciate how well everyone works together in Southern Utah. Prior to him being in his position, it was determined that a new elementary school was needed in the downtown area. East Elementary is aging and the School District is looking at possibly spending hundreds of thousands of dollars to repair just the roof, which they do not want to do if they are going to replace it. This proposal works for them. Normally, they need approximately 10-acres to build an elementary school. The Dixie Middle school property was built on a limited amount of space; therefore it was built as a 3-story building, which they love. Future middle schools will be built similarly. The elementary school will be built as a two-story and will not need as large as a play area as it will have a high school length gym. They do not feel forced into any decision and are excited to be building a school of this design so they can see how it works. Hopefully in the future, this will allow them to use less acreage as they build future schools. They see this as a win-win-win-win situation if you count the Sunbowl. The purchase of the ground between them and the University and the purchase of the property they purchase from the City are two separate contracts. The transportation costs they will save by locating the school here is an asset for them. It will not be a bussing school. Councilmember Almquist added that the school will be allowed to use the Sunbowl. Additionally, there will be additional uses for the Sunbowl. City Manager Gary Esplin commented about the possibility of the street to the South of the Sunbowl being narrowed to provide a perfect access to the park. Superintendent Bergeson added that the School District prefers that the school be built on the Elks Field side rather than the 400 East side since that location is busier. St. George City Council Minutes January 22, 2015 Page Five Crystal Hanza, resident, stated that she is excited for the location of the proposed school. She is concerned about children going to Vernon Worthen Park because there are shady people who like to hang around the park. She asked if there would be a secure playground area. City Manager Gary Esplin explained that would be a question for the School District. They will have to install a fence and control the access. If they had an event that was larger, they could take them to the park supervised. Ms. Hanza asked if the Sunbowl is not being used, will the school be able to use it. Mayor Pike answered that the School District was told they could use it. Marsha Lawhorn, resident, stated that she lives near the area and is concerned with the noise, lights and the parking issues at the Sunbowl. When it was built, things were different, there were not loud speakers. She came from an area that had wonderful rodeos. With the growth of St. George, she believes that the City would want to move the rodeo out of town to an area with more room. Things such as livestock and horse trailers do not belong near the Temple, a chapel or a school. She stated that she would attend a rodeo if it was in Hurricane and does not go to the Round Up Rodeo because it is a rinky dinky rodeo. She would rather see a big rodeo that is not outdoors bothering neighbors. She thinks having a new school at the Elks Field is a good idea. Before decisions are made, she hopes that there will be a public hearing and a referendum as there are a lot of people who do not want the Sunbowl there. She would not purchase a home across the street from rodeo grounds. Councilmember Bowcutt asked Ms. Lawhorn if she would consider purchasing a home across the street from a football field. Ms. Lawhorn replied yes. Councilmember Bowcutt stated that the Sunbowl was used as a football field for many years. He explained that the Round Up Rodeo is not a rinky dinky rodeo, in fact, it is a professional rodeo sanctioned by the PRCA with top named cowboys participating. He stated that 63% of those that participated last year went on to compete in the National Finals Rodeo. Ms. Lawhorn stated that she did not mean to put down those that participate in the rodeo; she meant that the facilities are not large enough. Mayor Pikes stated that although he appreciates the comments, they do not apply to this item. Ms. Lawhorn explained that the reason she chose to come here tonight is because there have not been any public hearings about the Sunbowl. She reads in the paper that things are happening; she would like to see more transparency. Councilmember Randall stated that she does not understand why comments are being made that the Council is doing things without transparency. The Sunbowl is there, nothing has been said about what is going to happen to it. There has been complete transparency. The only thing that is being discussed is the Elks Field. If there is discussion on improving the Sunbowl, the public will be invited to comment. St. George City Council Minutes January 22, 2015 Page Six Councilmember Hughes asked if the Council does ask for public opinion and half say they want it torn down and the other half want to keep it, what does the Council do? If there can be four wins in this situation, there cannot be a better solution. Ms. Lawhorn stated that during the election she was not aware that she was voting for a candidate because they were going to save the Sunbowl. When she wrote the Mayor a letter and his response was that the people have spoken, these are the people who were elected. Councilmember Bowcutt commented that perhaps Ms. Lawhorn did not follow the platform of the candidates. Ms. Lawhorn explained that there were several issues that were important to her. She asked that there be public referendum. Mayor Pike advised that there will not be a referendum, but there will be public comment. Devin Roberts, resident, stated that he likes the Sunbowl in the area and likes the fact that there can be rodeos in the middle of town - it makes the City unique. Until there is a better use for the Sunbowl, nothing should be done with it. Additionally, he does not believe the 4th of July celebration should stop because of the loud fireworks. He lives near there and does not mind it. Not everyone hates the Sunbowl. Ed Baca, citizen, stated that he believes everyone wants the best education for the elementary schools and the college. Superintendent Bergeson addressed all concerns mentioned tonight. East Elementary School is always being used and soccer is always being played there. They do not have adequate parking there. He appreciates the fact that the Council had the public comments tonight as it lends to transparency. He understands that the Council meets in closed session to discuss property sales and purchases. To take the step to discuss this item in an open meeting is a big deal that he appreciates. SALE OF CITY PROPERTY: Consider approval to sell City property located between 100 South Street and 200 South Street in the vicinity of the existing Elks Field to the Washington County School District. Councilmember Hughes asked if price would be discussed at this time. City Attorney Shawn Guzman advised that the property will be sold for the value that is negotiated. MOTION: A motion was made by Councilmember Almquist to approve the sale of City property to the Washington County School District for value negotiated. 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 St. George City Council Minutes January 22, 2015 Page Seven Councilmember Bowcutt – aye Councilmember Arial – aye The vote was unanimous and the motion carried. Mayor Pike advised that staff will work with the School District on a purchase agreement. PUBLIC HEARING/ROADWAY VACATION/ORDINANCE: Public hearing to consider vacating a portion of Marigold Way and a 45-foot turn around access easement. John Willis presented a request to vacate a portion of Marigold Way. The purpose of the vacation is to plan for a future road in the proposed Hyde Berry Park Subdivision final plat. A small sliver of the road as well as the 45-foot turn around access easement will be vacated. The vacation should not be recorded until the final plat is recorded. Mayor Pike commented that this was discussed previously and is a clean-up item. He believes this will be a great improvement. Mayor Pike opened the public hearing. There being no public comment, he closed the public hearing. MOTION: A motion was made by Councilmember Arial to approve the vacation of a portion of Marigold Way and a 45-foot turn around access easement for the completion of the road. SECOND: The motion was seconded by Councilmember Randall. VOTE: Mayor Pike called for a roll 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/BUDGET AMENDMENTS/RESOLUTION: Public hearing to consider amendments to the FY2015-15 Budget. City Manager Gary Esplin advised the proposed adjustments are as follows: 1) To budget for receipt of a grant from Firehouse Subs for the purchase of a rescue equipped 6-wheel Polaris Ranger to facilitate rescue in rugged terrain, HazMat incidents, and special event stand-by (marathon, Ironman, etc.); 2) To budget for the receipt of the Autism Speaks Neighborhood Grant and to increase the Police Department’s budget to purchase bracelets and supplies needed to implement a tracking program for individuals with medical conditions like Alzheimer’s, Autism, Asperger’s, etc.; 3) To budget for a Districted Driving Enforcement grant (for a second year), from the State of Utah which includes overtime and the purchase of supplies and equipment; 4) To budget for a new Accountant position in the Finance Department anticipated to start around January 2015 (half-year of funding of $29,100 is requested); 5) To budget for receipt of a grant from the Utah Humanities Council and a private donor’s contribution to help with installation costs of the InVisible exhibit; 6) To budget for converting the Sunbowl facility from a dirt St. George City Council Minutes January 22, 2015 Page Eight infield to sod to accommodate more year-round uses; 7) To budget for additional Christmas lights for the St. George Boulevard, Main Street, and Town Square; 8) To budget for a safety lighting project for the general aviation ramp at the airport. The project will be funded by PFC; 9) To budget for audio visual system upgrades in the Council Chambers and the Administrative Conference room; 10) To budget for participation in $7,340 professional fees for architectural plans for phase 1 of a new fleet building with bays to accommodate heavy equipment and large trucks; 11) To budget for unforeseen repairs to the chip seal spreader’s electrical control system; extending the equipment useful life an additional 10 years; 12) To budget for repairs and sediment removal from the Santa Clara River at the Southgate Golf Course caused by the two flood events in August and September 2014; 13) To budget for repairs of the substantial damage caused to the Middleton Wash Trail from the two flood events in August and September 2014; 14) To increase the budget for the Tonaquint Cemetery Secondary roadway project to pay property taxes as per t...

...epairs were finished and tested; 6) To increase the current budget for the Tonaquint Nature Center grading project to carry over unused funds from the prior year’s budget, add revegetation, and to increase the budget due to bids coming in higher than the engineer’s estimate; 7) To budget for installation of lights and netting at the Snow Park futsal court funded through a donation from the Rotary Club for the netting, reallocation of a portion of Park’s building and grounds budget, and the balance St. George City Council Minutes October 16, 2014 Page Three as a transfer from the Capital Projects Fund; 8) To budget for engineering and construction fees for the Tonaquint Cemetery secondary access road at approximately 1600 S. connecting to Dixie Drive; 9) To increase the amount budgeted from $101,700 to $153,400 for the Christensen Park restroom facility to add a detention basin, backflow prevention device, parking lot improvements, and additional design/engineering fees. The additional costs will be funded by a transfer from the Park Impact Fund; 10) To budget for the purchase of property at 78 North 100 West; 11) To carry over a portion of the Mesa Palms subdivision improvements project approved in the prior fiscal year for $450,000 but not fully completed, delaying completion into FY2015. Funding has already been received from the private developer’s performance bond; 12) To budget for professional fees to create the Ft. Pierce DCA #2. A portion of the fees were programmed in the prior fiscal year but the project was delayed and the fees are being incurred in the current fiscal year instead; 13) To budget for a Master Transportation Plan study which is an approved expenditure on the Transportation Impact Fee - Capital Facilities Plan. The Dixie MPO will reimburse the City for 49% of the study’s cost; 14) To increase the Drug Task Force equipment budget for the replacement of XP Operating System computers and laptops for the Police Department; 15) To increase the budget for the Little Valley Road project to add drainage improvements along Horseman Park Road with funding participation from a developer and Wastewater Collection; and 16) To carry over the Cremation Garden project at the Tonaquint Cemetery approved in the prior fiscal year but postponed due to a delay in receiving the design and construction drawings. The project is now ready to be completed. Mayor Pike mentioned that some of these items are coming from other sources such as grants. Additionally, a portion of the items are being carried over from the previous fiscal year. Mayor Pike opened the public hearing. There being no public comment, he closed the public hearing. MOTION: A motion was made by Councilmember Almquist to approve the resolution amending the 2014-15 budget amendments based on the list provided. SECOND: The motion was by Councilmember Arial. 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. FBO LEASE AMENDMENT/RESOLUTION: Consider approval of a resolution approving an amendment to the Above View, LLC FBO lease. Airport Manager Rich Stehmeier advised this is a housekeeping item to change the name from Above View, LLC to Above View Jet Center, Inc. MOTION: A motion was made by Councilmember Hughes to approve the resolution amending the FBO lease to change the tenant name from Above View, LLC to Above View Jet Center, Inc. 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. St. George City Council Minutes October 16, 2014 Page Four SASO AGREEMENT: Consider approval of a SASO lease with Aviation Investments. Airport Manager Rich Stehmeier advised this lease is with Duane Adams and his group. He stated there are still some issues that City Attorney Shawn Guzman is working out, therefore, the approval should be contingent upon legal approval. MOTION: A motion was made by Councilmember Randall to approve the SASO lease with Aviation Investments contingent to approval by the Legal Department. SECOND: The motion was seconded by Councilmember Arial. Councilmember Almquist stated that this lease seems to be identical to others. Mr. Stehmeier commented that this lease is a bit different. Councilmember Hughes inquired what are the differences between this lease and the others. Mr. Stehmeier explained that Mr. Adams is moving a business and a hangar from the old airport. It has taken three and a half years to get everything ready. Mayor Pike commented that Mr. Stehmeier and City Attorney Shawn Guzman have worked very tenaciously and have given consideration to Mr. Adams. 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. SALE OF CITY PROPERTY/RESOLUTION: Consider approval of a resolution for the sale of property to Washington County for a library site. Support Services Manager Marc Mortensen advised the property is located in the Little Valley area near Horseman Park Drive. The site is 2.074 acres and will be sold for $50,000 per acre; a total sale price of $103,700. MOTION: A motion was made by Councilmember Hughes to approve the resolution for the sale of property to Washington County for $103,700. SECOND: The motion was seconded by Councilmember Bowcutt. Assistant City Attorney Victoria Hales advised this item is subject to approval by the Legal Department. AMENDED MOTION: Councilmember Hughes added that this item is subject to approval by the Legal Department.. SECOND: The amended motion was seconded by Councilmember Bowcutt. VOTE: Mayor Pike called for a roll call vote, as follows: Councilmember Almquist - aye Councilmember Hughes - aye Councilmember Randall - aye Councilmember Bowcutt - aye Councilmember Arial - aye The vote was unanimous and the motion carried. St. George City Council Minutes October 16, 2014 Page Five SALE OF CITY PROPERTY/RESOLUTION: Consider approval of a resolution for the sale of property to Dixie Power for a substation. Support Services Manager Marc Mortensen stated the property will be used for substation at the northwest corner of Seegmiller historic park. The property is approximately one acre. Staff has consulted with the Seegmiller family who are in favor of the sale. Dixie Power has agreed to pay $200,000 for the property, if the funds are used for the betterment of the Park. MOTION: A motion was made by Councilmember Almquist to approve the resolution for the sale of 1.01 acres for $200,000 to Dixie Power. SECOND: The motion was seconded by Councilmember Arial. 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. FEE WAIVER: Consider approval of fee waiver request for the use of the Ridge Top Complex for the St. George Lions Drag Races event. John D. Jones, applicant. Councilmember Bowcutt recused himself. John Jones, applicant, stated that they are trying to get more involvement from the DXATC. Originally the event was going to be held on Saturday and Sunday, November 15th and 16th; however, Sunday will be cancelled. They will be promoting safe racing by taking the race off the street and provide a safe place for this event. Black Rock Motorsports will be the insurance holder. Support Services Manager Marc Mortensen advised that the applicant has satisfied all requirements. MOTION: A motion was made by Councilmember Randall to approve the fee waiver for the use of the Ridge Top Complex for the St. George Lions Drag Races event on November 15, 2014. 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 Arial - aye The vote was unanimous and the motion carried. Councilmember Bowcutt returned. FEE WAIVER: Consider approval of a fee waiver request for the use of Tonaquint Park for the Support Your Local Grandparents 3K event. LuAnn Lundquist, applicant. LuAnn Lundquist, applicant, stated that this will be an annual fall event. Proceeds will be used for the Alzheimer’s and Dementia Society. The walk will include vendors and food for the racers in addition to music. MOTION: A motion was made by Councilmember Arial to approve the fee waiver for the use of Tonaquint Park for the Support Your Local Grandparents 3K event. St. Georg...

...Attorney Shawn Guzman Deputy City Recorder Annette Hansen SITE TOURS: Tonaquint Data Center located at 1108 West 1600 South Unit D Councilmembers were taken on a secured tour of the Tonaquint Data Center by staff where they explained the operation and functioning of their facility. The Tonaquint Data Center is the only Tier III data center between Salt Lake and Las Vegas, housing computer data for many businesses including several Fortune 500 companies. All Abilities Park and Cemetery Cremation Gardens and new access road to Tonaquint Cemetery located at 1851 South Dixie Drive Councilmembers met at the proposed All Abilities Park site adjacent to the Tonaquint Cemetery where City Manager Gary Esplin specified where the plann...

...onsider a request to amend the City’s General Plan for 1,800 acres in the Tonaquint area, generally located between Green Valley to the north and Bloomington to the south. City of St. George and SITLA, applicants. Community Development Projects Coordinator Bob Nicholson went through a short power point presentation while he explained that all of the property within the Tonaquint Area Land St. George City Council Minutes December 2, 2010 Page Eleven Use Plan is currently outside the city boundary. He said that they had been working with SITLA and Kyle Paisley, a representative from SILTA was in attendance. He stated the SITLA property represents the vast majority of the area but pointed out that Orwin Gubler owns farm land between Indian Hills Drive and Dixie Drive and Burton Burgess owns land west of Dixie Drive. Approximately half of the land area (1,159 acres) is proposed to remain in open space, primarily in the present natural condition with some developed parks scattered through the area. He referred to several pictures and maps to show that much of the land area consists of rugged, rocky hillsides with large boulder formations. He said the natural area presents outstanding recreational opportunities and may trails are currently located along the western slope of the area which is also used for hiking and climbing. SITLA has agreed that much of the area should remain as natural open space but would like another entity such as the City to take management responsibility for the open space area. The developable acreage is approximately 528 acres and the primary land use is for residential development with some neighborhood commercial areas, parks, schools and churches. Mr. Nicholson stated the plan accommodates both low density and medium density residential neighborhood which will provide a full range of housing needs. He said the school district had expressed an interest in location a 50-acre high school/middle school campus in the area and referred to a tentative site on the plan. He briefly described a conceptual road plan, land use plan and utility plan and stated more detailed information is in the Land Use Plan. Mayor McArthur stated he like the fact that there are about 1200 acres of open space compared to a much smaller amount for residential and trail use. Mr. Nicholson complimented SITLA for their cooperation as a joint applicant and recognized several other individuals who worked on the project. invested money into the Bob talks about the cooperation with SITLA and mentions several individuals who have helped with the plan. Councilmember Pike asked who owns the open space. Mr. Kyle Paisley from SITLA stated he want to thank the City staff for their cooperation during the entire process. He explained that they took the time over the past two (2) years to meet with user groups of the open space to identify the various uses. Mr. Paisley addressed Councilmember Pike’s question and stated that ownership would remain in SITLA hands for the time being. Councilmember Shakespeare thanked Mr. Paisley for taking the time to meet with the different groups that use the area for recreational purposes. Councilmember Almquist asked Mr. Paisley to differentiate between the SITLA property below Fort Pierce in the White Dome area where the area has been closed off and the Tonaquint area. Mr. Paisley stated there were a couple of components to closing that area. He explained one component is mitigation for the Southern Parkway. Another factor is that a portion of the St. George City Council Minutes December 2, 2010 Page Twelve land is owned by UDOT and the rest of the area is being purchased by the Nature Conservancy. He said by working with the Nature Conservancy they were able to get value for the property and keep it as open space. It met both mitigation and conservation standards. Mr. Paisley stated that he believed the Nature Conservancy would be allowing hiking in that area sometime in the future. Councilmember Almquist asked Mr. Paisley if the Tonaquint area would be limited to non-motorized activities. Mr. Paisley replied that it hasn’t officially been closed off to motor vehicles. He explained that it hadn’t been an issue up to this point and if did become an issue than they would address it at that time. Mayor McArthur opened the public hearing. Mr. Ed Baca said he was a concerned citizen. He asked if the school district had been contacted regarding their willingness and desire to build a high school in the area. City Manager Gary Esplin said they are setting aside the land as part of the master plan. Mr. Paisley replied that originally they had not contacted the school district but then the school district contacted them about the possibility. He concurred with Mr. Esplin that at this time it was just a part of a general plan. He said they wanted to make sure that the City was aware that could be a use in the future so it was properly planned for. He explained that they meet with the school district quarterly to make sure they are up to date with their future needs and plans. There being no further public comment, Mayor McArthur closed the public hearing. Mr. Esplin reiterated this had been a cooperative project involving several City departments and SITLA and stated that it is one of the best plans that had been proposed. MOTION: A motion was made by Councilmember Almquist to approve the request to amend the City’s General Plan for 1,800 acres in Tonaquint area. SECOND: The motion was seconded by Councilmember Pike. V...

... to R-1-10 (Single Family Residential 10,000 sq. ft. minimum lot size) for Tonaquint Ridge on 17.77 acres located at approximately 1700 Curly Hollow Drive extension.   Community Development Director John Willis presented the request to change the zone from M&G (Mining & Grazing) to R-1-10 (Single Family Residential 10,000 sq. ft. minimum lot size); the area is located in the Tonaquint Land Use Plan.  He presented a PowerPoint presentation covering the following topics: aerial map; zoning map; general plan map; and zone change 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 approve the ordinance changing the zone from M&G (Mining & Grazing) to R-1-10 (Single Family Residential 10,000 sq. ft. minimum lot size) for Tonaquint Ridge on 17.77 acres located at approximately 1700 Curly Hollow D...

...side. City Manager Gary Esplin stated that the Burgess’ developed Tonaquint Terrace and donated 4 acres to the City. Mr. Burgess explained that they have a development agreement with SITLA to purchase the property and will donate a portion to the City. He is very well aware of the beauty of southern Utah as he was born and raised here. Ed Baca, citizen, stated that he is pleasantly surprised at the way the Burgess’ were working with the City. Ms. Taylor asked if any of the area is planned to stay zoned agriculture. City Manager Gary Esplin replied not in this area since there isn’t any water. Councilmember Bowcutt commented that one thing everyone mentions are the traffic concerns. There will always be some sort of traffic problem because there will never be another crossing over the Virgin River. St. George City Council Minutes March 27, 2014 Page Six City Manager Gary Esplin stated the City has committed to spend approximately $15 million to improve transportation in the area, which is more than has been spent on any other part of the City. Josh Taylor, Little Valley resident, states that he appreciates what the City is doing to keep the traffic flowing. He would like preserve the area’s natural beauty. Mayor Pike closed the public hearing. Councilmember Hughes commented that Quality has always done what they have said they would do. He wants to maintain the natural beauty while maintaining the rights of the property owner to develop their property as they would like to. He noted that was discussion regarding a 4 acre parcel in this zone change for a park. MOTION: A motion was made by Councilmember Hughes to approve the zone change to R-1-10. SECOND: The motion was seconded by Councilmember Arial. Councilmember Almquist stated he believes the park should stay in as mentioned. Additionally, if there is flexibility with the parcel below, he would like to see a natural park. Mr. Burgess advises as part of their agreement with SITLA, as they develop, not only do they take down developable acreage, they also take down native or natural acreage. Their next take down with SITLA will be in September. City Manager Gary Esplin stated that he wanted to clarify that there are always trade offs. SITLA sells property to developers and want to maximize the money they get from the sale to get as much money as they can for schools. 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. REPORT FROM COUNCILMEMBERS: Councilmember Arial stated that there is not much going on with her boards. She recently attended the MPO and WCIA board meetings. Councilmember Randall stated that she will attend her first Arbor Day celebration on April 26th. Judge Walton will oversee Veteran’s Calendar which will help veterans with regard to bad behavior. The gala for the Doctor’s Volunteer Clinic raised approximately $18,000. Monday at 5:00 p.m. there will have a short ceremony and unveiling of the monument at the Tonaquint Cemetery to honor Lee Warren. St. George City Council Min...

...RY PLAT: Public Hearing to consider approval of the preliminary plat for Tonaquint Valley. Associate Planner Ray Snyder explained that the request is to create 111 single family residential lots. The Planning Commission recommends approval subject to review of a traffic study. Mayor McArthur opened the public hearing. There being no public comment, he closed the public hearing. MOTION: A motion was made by Council Member Larry Gardner to approve the preliminary plat. SECOND: The motion was seconded by Council Member Gail Bunker. VOTE: Mayor McArthur called for a roll call vote, as follows: Council Member Gardner - aye Council Member Bunker - aye St. George City Council Minutes August 4, 2005 Page Four Council Member Orton - aye Council Member Whatcott - aye The vote was unanimous and the request was approved. PUBLIC HEARING/PRELIMINARY PLAT: Public hearing to consider approval of the preliminary plat for Holt Subdivision. Associate Planner Ray Snyder explained that this is a proposal to create 10 lots in the area. The Planning Commission recommends approval by the City Council. City Manager Gary Esplin asked about the position of the road. He stated that it showed the road going into the next piece of property. Steven Holt, applicant, stated that he had originally planned a cul-de-sac but City staff recommended a knuckle to connect with the other adjacent property. Mayor McArthur opened the public hearing. Sally Osness stated that she owned the adjacent property. She said that she was not opposed to having the road stop at the end of the applicant?s property and not come on her property. There being no further comments, Mayor McArthur closed the public hearing. MOTION: A motion was made by Council Member Rod Orton to approve the preliminary plat. SECOND: The motion was seconded by Council Member Gail Bunker. VOTE: Mayor McArthur called for a roll call vote, as follows: Council Member Whatcott - aye Council Member Orton - aye Council Member Bunker - aye Council Member Gardner - aye The vote was unanimous and the request was approved. PUBLIC HEARING/AMEND ZONE AND REVISE SITE PLAN Public hearing to consider a request to amend the Sienna Park Condominium portion of the Stonebridge Planned Development zone at 271 N. Country Lane (west of Dixie Drive) to revise the site plan and building elevations. Richard Staples, applicant. Associate Planner Ray Snyder explained that one of the reasons for the proposed change is the design of existing buildings and the associated parking. The design of the phase 1 covered parking garages does not function very well and the applicant wishes to improve the overall internal circulation. The original approved building height was for two stories with 70 dwelling units. The proposed building elevations and site plan shows a combination of two and three story units. The layout is very similar to the 2004 proposal with adjustments to the number of units within the building cluster and the location of some of the three story units. Mr. Snyder said that according to the applicant, Brian McMullin, there is a setback agreement along the north property line with the city, which allows the buildings to be closer to the property line based on an easement/maintenance agreement between the council and developer. There were no persons in opposition at the Planning Commission meeting but since that time the City Planning Department has received calls from property owners within the Blackrock Condominium project expressing their unhappiness with having the meeting held during the summer while many of the residents are out of town. The Planning Commission recommends approval to amend the zone and revise the site plans subject to the City Council clarifying the setback requirements for the buildings along the north property line. Council Member Gail Bunker asked if the difference between last year?s proposal and this one was the three story from two story on the higher level. Rick Rosenberg stated that the existing buildings were all two story but they are allowed to go 35 ft. high. Council Member Bunker pointed out that the elevation was higher where the buildings were being proposed and Mr. Rosenberg acknowledged that was true. He explained that they would be excavating and would lower the area a minimum of 3 ft. The first unit would only be 21 ft. high with lowering it into the ground. In response to concerns about how the view would be effected by the building elevations, Mr. Rosenberg pointed to photos taken from 3 different locations on the Blackrock Condominiums. All the view shots were pointed at Snow Canyon which is directly north of the site. He explained that the red line on the photos is the 35 ft. elevation and the yellow line is the 24 ft. elevation. He said that everything being proposed would be under the 35 ft. line. The red line showed the elevation of where they could build given the 35 ft. height restriction. The yellow line is the height limitation line for where they are intending to go to with the new proposal. Council Member Whatcott requested confirmation that the proposed yellow line would be the two story that Blackrock would be looking at. Mr. Rosenberg stated that it is the two story that would be facing them in the back and it is the total height. He said that the three story comes up slightly higher. He explained that they have taken a 35 foot building St. George City Council Minutes August 4, 2005 Page Five and put it 3 ft. into the ground so the line of that building would be 3 ft. below the red line. Mr Rosenberg explained that the new proposal is much more user friendly to vehicles. The parking is all perpendicular to the building instead of parallel. The inside is more open and gives more access to emergency vehicles. He said they will also focus on an appropriate transition down to the golf course and the lava. The Mayor declared the public hearing open. Loretta Adams, lives in Unit 4. She was opposed to the taller buildings and expressed concerns about decreased property values, loss of view, traffic safety and water issues. Paul Love, lives in Unit 7 of Blackrock. Mr. Love asked what the existing height is on the Sienna Park Condos. Mr. Rosenberg answered that the overall height is about 32 ft. Mayor McArthur explained that the height of the building is already stipulated by ordinance and doesn?t depend on whether it?s one story or three. He also explained that the density is approved because of zoning. Karen Staunt, lives in Unit 5 of Sienna. She stated that she felt the proposed plan fits in with the community and homes that are on Country Lane. It fixes the problem with the parking and the 3rd story building will improve the traffic flow around the site and the shorter buildings will not be as intrusive on the golf course. She said she believed the fire trucks and emergency vehicles will have better access than the way it?s set up now. Ms. Staunt said that she met with other residents and their concerns are if the developer can?t finish the project, the 10 units that are there now will continue to have to carry the burden of the expense that should be spread over 70 units. She told the council that she liked the plan and requested that they consider it. Mayor McArthur asked for other comments. Seeing none he closed the public meeting. Mr. Rosenberg explained that the sidewalks will be constructed as part of the project around County Lane. The section in between Wailea Falls and the Santa Clara City limits is under construction now and the goal is to have that finished when the new school opens. Council Member Larry Gardner asked Mr. Rosenberg to address the request to have the three story building changed back to a two story building. Mr. Rosenberg stated that it was due to economics. They?ve tried to open the inside up and free up some space for access and garages. It also frees up more open space. Council Member Bob Whatcott said that he recognizes the reason for wanting a three story because of maintaining density but he personally is opposed to going to three stories. He stated that nothing has addressed the issue from the north side looking back at Sienna where the major effect is on the golf course. He said that on No. 8 of Blackrock, where it transitions from 2 stories to 3 stories, that it looks like a hotel/motel complex right up against the course. City Manager Gary Esplin asked Mr. Rosenberg what the distance was from the cart path to the poles. Mr. Rosenberg said that the closest point compares to the distance between the tee box and the building which is about 60 ft. As it goes away from the championship tee it increases to approximately 100 feet. Mr Esplin stated that the distance on number 8, where the tees are, is closer than that. Mr. Rosenberg acknowledged that there are tee boxes that are 20 feet or closer to the back of the unit. MOTION: A motion was made by Council Member Rod Orton to delay the request for two weeks until the Mayor and Council Members can go out to look at the site. SECOND: The motion was seconded by Council Member Gail Bunker. VOTE: Mayor McArthur called for a roll call vote, as follows: Council Member Whatcott - aye Council Member Orton - aye Council Member Bunker - aye Council Member Gardner - aye The vote was unanimous and the request was delayed until the Mayor and Council Members visit the site. The site visit was scheduled for Thursday, August 11, 2005, at 3:30 p.m. PUBLIC HEARING/ZONE CHANGE Public hearing to consider a zone change from A-1 to R-1-12 on 6.35 acres located at approximately 1200 South and 3000 East. Larry McEntire, applicant. Associate Planner Ray Snyder explained that the Planning Commission recommends approval for a zone change on the 6.35 acres. The zoning is consistent with the general plan which allows 4 dwelling units per acre and with the area. Mayor McArthur opened the public hearing. There being no public comment, he closed the public hearing. St. George City Council Minutes August 4, 2005 Page Six MOTION: A motion was made by Council Member Rob Orton to approve the zoning change. SECOND: The motion was seconded by Council Member Bob Whatcott. VOTE: Mayor McArthur called for a roll call vote, as follows: Council Member Whatcott - aye Council Member Orton - aye Council Member Bunker - aye Council Member Gardner - aye The vote was unanimous and the request was approved. VARIANCE TO SIGN CODES Consider approval of two variances to provisions of the pending sign code: (1) Stephen Wade Auto on Hilton Drive; and (2) Desert Coach RV at 1100 E. Tabernacle. Enforcement Officer Brad Young mentioned that there was a field trip by the council to the two locations. The first project is the Stephen Wade Auto Complex. The applicant is asking the City Council to allow two pole signs on 1700 S. The proposed signs are a 24-foot tall Nissan Trucks sign and a 36-foot tall Acura sign. Mr. Young discussed the following options: deny the applicant?s request; designate 1700 S. as a major commercial street; or, grant a variance for the two requested signs based on cause and perhaps with conditions attached. Discussion revolved around the intent of the sign code and how to accommodate the businesses that are close to the freeway even though their signs are not on major commercial streets. City Manager Gary Esplin said he felt that in theory the proposed sign was better than if they decided to put a sign on the corner and make it higher. Because the sign would be lower than Blackridge Drive, it wouldn?t give the appearance that it would be out of line. MOTION: A motion was made by Council Member Larry Gardner that a variance on the two signs be granted. SECOND: The motion was seconded by Council Member Bob Whatcott. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. Mr Young said that Desert Coach RV was also requesting a variance in the sign code. The council members discussed by lowering the sign to 40 ft. it would still be seen from all directions without being too obtrusive. Council Member Larry Gardner felt that the focus should be on the fact that the sign is within 1500 ft. of the exit of the freeway. Todd Call, applicant, said since they had the sign built before the new sign code ordinance was approved, the variance should be approved. MOTION: A motion was made by Council Member Larry Gardner to grant the variance. The Mayor called for a second to the motion but there was none. There being no second, the motion died. MOTION: A motion was made by Council Member Bob Whatcott that the variance be approved at 40-feet. SECOND: The motion was seconded by Council Member Gail Bunker. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. APPROVAL FOR FINAL PLAT Consider approval of a final plat for Tonaquint Terrace Phas 2 with 65 signle-family residential lots located at 2270 South and 1340 East, west of Tonaquint Drive. Quality Development, applicant. Associate Planner Ray Snyder discussed the final plat for Tonaquint Terrace Phase 2 with 65 single-family lots. The zoning is R-1-10...

... Assistant Public Works Director Wes Jenkins presented the final plat for Tonaquint Heights Phase 2, a 13-lot residential subdivision located at approximately 1170 West and Chandler Drive; zoning is R-1-40. The density meets the R-1-40 zone. Within the lots themselves, only certain areas can be disturbed. MOTION: A motion was made by Councilmember Bowcutt to approve the final plat for Tonaquint Heights Phase 2. St. George City Council Minutes June 4, 2015 Page Fifteen 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. FINAL PLAT: Assistant Public Works Director Wes Jenkins presented the final plat for Tonaquint Terrace Phase 3, a 6-lot residential subdivision located at approximately 1200 West and 2440 South; zoning is R-1-10. MOTION: A motion was made by Councilmember Randall to approve the final plat for Tonaquint Terrace Phase 3. SECOND: The motion was seconded by Councilmemb...

... July 15, 1999 Page Three The names selected for the new cemetery on Tonaquint Drive were: Tonaquint Cemetery, Indian Hills Cemetery, or Black Ridge Cemetery. A motion was made by Councilmember Allen to approve the name ?Tonaquint Cemetery.? The motion was seconded by Councilmember Isom, and al...

...d that the Planning Commission recommended approval of the final plats for Tonaquint Terrace Phase 3, Tonaquint Valley Phase 5, and Rim Rock Commercial Center Amended and Extended. 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 Allen. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. BUILDING DESIGN CONCEPTUAL SITE PLAN: City Planner Ray Snyder advised the name of the project is Tonaquint Retail Lot 5 located at 1400 South Dixie Drive. The zoning is PD ...

...aturday is Arbor Day. He invited citizens to attend the festivities at the Tonaquint Nature Center. Free trees will be given away from 9:00 a.m. to noon. DON?T WASTE DIXIE DAY: Assistant to the City Manager Marc Mortensen advised that this Saturday is also the Second Annual Don?t Waste Dixie Day. City crews will be assisting residents on the east side of Main Street from 7:00 to noon with clean-up. DISCUSSION CONCERNING THE SIGN ORDINANCE: Tracy Ence advised he represented a group of businesses who are having problems in the down market and need help and understanding from the City. He stated they spent a long time going through the Sign Ordinance and there are areas within it which have problems and are affecting them. Scott Leishman, architect and marketing manager for Ence Homes, advised that a banner advertising the Seven Hills project was taken down and in a short time drive-by attendance dropped 50%. He advised he was elected by a committee to help draft changes to the ordinance. Steve from Rainbow Signs advised there are gray areas in the ordinance subject to code enforcement interpretation, and they would like these eliminated as much as possible. He requested that promotional development sign be defined, open house sign be defined, lot sign defined and allowed, two signs allowed for residential development with a maximum of 48 sq. ft. of signage, etc. He requested that 4 x 8 or smaller signs be allowed without a permit, fence and wall signs and banners limited by the size of the wall, action flags allowed in front of developments, and one off-premise sign allowed. He requested that lot signs in commercial or residential areas be allowed without a permit, as well as action flags without a permit. He suggested that only one generic real estate off-premise directional sign be allowed per corner. Assistant to the City Manager Marc Mortensen commented that most people now sell their homes on-line and using signage is antiquated. Mr. Leishman replied that advertising sales is still driven by drive-by advertising. Steve from Rainbow Signs advised the realtors would like five open house signs to be allowed. Community Development Director Bob Nicholson commented that the Sign Review Board has not seen these suggestions. He advised while there is room for change, he suggested some of the suggestions go too far. Mayor McArthur commented he felt the changes should first go to the Sign Review Board for their recommendation. Scott Leishman advised that time is of the essence as the selling season is drawing to a close. St. George City Council Minutes April 24, 2008 Page Four Deputy City Attorney Paula Houston expressed concern with the proposed off-premise signs. This is a slippery slope and if one type of business is allowed to have them, all businesses will want them. Enforceability is a big issue. Council Member Jon Pike commented that realtors have to have off-premise directional and open house signs. Deputy City Attorney Paula Houston explained the City now allows off-premise signage if it is located on property that is owned by the sign owner and is part of and contiguous to the development. She advised that having one generic realtor sign at a corner would create mass confusion and she was not sure this was a workable solution. Steve Leishman advised the suggestion for open house signs came from the Henderson, Nevada sign code. Council Member Bunker suggested that Code Enforcement go easy on residential development until the sign ordinance changes are reviewed and approved. Council Member Shakespeare agreed. Tracy Ence commented that the Code Enforcement Officers are doing their jobs, but commercial developments have more opportunity to sell than residential developments because of the sign ordinance. Deputy City Attorney Paula Houston commented that Code Enforcement has tried to be careful and has allowed some signs to remain as long as they pose no threat to safety. It is hard for Code Enforcement Officers to know what the City Council wants them to be flexible on. Council Member Shakespeare and Mayor McArthur commented they would like action flags to be allowed and signs at each residential development entrance until the sign ordinance is finalized. Deputy City Attorney Paula Houston advised that Code Enforcement will hold off unless there is a safety issue or the sign or flag is falling apart. Community Development Director Bob Nicholson advised the Sign Review Board will meet May 14. He suggested that promotional signs be limited to two for the next 30 days or until the ordinance is finalized as long as they are on premise. Deputy City Attorney Paula Houston replied that she will direct Code Enforcement to not take action at this point, except for safety, until the ordinance is finalized. Code Enforcement Officer Joe Van Huss advised that City Manager Gary Esplin already advised him to back off on developments and only enforce safety issues. The meeting then adjourned to the Administration Conference Room. CONNECTION OF DESERT HILLS SUBDIVISION TO HIDDEN VALLEY PARK: Life Scout Branden Clark advised he has received approval from the Parks Department to build a ?step and run trail? made out of railroad ties for his Eagle Scout project. He St. George City Council Minutes April 24, 2008 Page Five presented a power point presentation including recommended width, materials, donations, and items needed from the City. Deputy City Attorney Paula Houston advised that waiver forms will be needed for anyone working on City property. Her office will provide the forms. MOTION: A motion was made by Council Member Pike to approve the project and provide the funds requested up to $340. Mayor McArthur advised Branden and his father to contact the City if they need assistance getting the railroad ties to St. George. SECOND: The motion was seconded by Council Member Bunker. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. Laurie Bowes, a Desert Hills resident, requested that the sidewalk be finished. Laura Taylor explained that the initial master plan for the area included a sidewalk, but when the construction drawings were approved, the sidewalk was not included and the developer was not willing to include street improvements for the park construction. Mayor McArthur advised that this could be considered as part of the budget process. Ms. Bowes advised a man in the subdivision submitted a bid of $15,000 to complete the sidewalk if manpower is donated. Laura Taylor advised her original estimate for this portion of sidewalk was $42,000 including earthwork. Ms. Bowes advised the man?s bid included excavation. CITY MAINTENANCE IN RIGHT OF WAY AREAS: Mayor McArthur advised the City?s philosophy has been that the City will maintain landscaping only within 80' rights-of-way. Laura Taylor explained that maintenance costs for street landscaping are skyrocketing and a consistent policy for which rights-of-way the City will maintain needs to be adopted. Desert Canyons wants the City to take over maintenance of the rights-of-way in its Meadow Valley Farms development in the Little Valley area which include medians on 3000 East and Crimson Ridge Road. She requested the Council make a decision on which rights-of-way it wants to maintain. She advised that Park Planning, Community Development, Development Services and Public Works met to determine criteria for a policy. She then presented a power point presentation. Larry Shane advised that City crews currently maintain 35 parks and 81 non-park sites, and are committed to taking care of 43 miles of landscaping. Of that 43 miles, 25 is already installed and maintained. The cost estimate is $440,000 a year for the 25 miles the City is currently maintaining. The community has a misconception that the City will take care of the landscaping along any 80' roadway, yet staff cannot do this. He suggested that a criteria be set - that property owners provide maintenance up to the back of the curb, and the City will take care of any medians on streets 80' or wider. It is also recommended that not all medians be landscaped. St. George City Council Minutes April 24, 2008 Page Six Curt Gordon commented that Desert Canyons has three miles within the Southern Parkway that it wants to landscape. The right of way is 300' wide and is 600' at the intersections. UDOT won?t let them landscape within the right-of-way unless the City agrees to maintain it. It will be paid for, however, by the HOA. Assistant to the City Manager Marc Mortensen advised that this could be done through a separate agreement. Council Member Gil Almquist said he applauded the new plant selection, but it should also include native cactus which does not require water. Laura Taylor advised that the City needs to respond to Desert Canyon?s request to maintain landscaping in the Meadow Valley Farms development. It was decided that adoption of a policy would be decided at the next City Council meeting. DISCUSSION CONCERNING AMENITIES FOR NEIGHBORHOOD AND COMMUNITY PARKS: Laura Taylor presented a Splash Pad Master Plan. She advised that each splash pad costs approximately $150,000. The neighborhood in the area of the Firehouse Park would like a splash pad, but additional funds would be required. Mayor McArthur suggested that the 2450 East Park be designated as a community park and a splash pad built there in the future. City Manager Gary Esplin arrived. Mayor McArthur suggested that the Firehouse Park would be a more appropriate location for a splash pad than the Sand Hollow Aquatic Center. Laura Taylor advised she would update the master plan with these suggestions, however, there is not enough parking at Firehouse Park. City Manager Gary Esplin suggested that perhaps another recreation bond issue could be considered. A committee would need to be formed to explore this possibility. ADJOURN TO EXECUTIVE SESSION: MOTION: A motion to adjourn to an executive session to discuss a property purchase and sale was made by Council Member Almquist. SECOND: The motion was seconded by Council Member Pike. VOTE: Mayor McArthur called for a roll call vote, as follows: Council Member Almquiste - aye Council Member Pike - aye Council Member Bunker - aye Council Member Shakespeare - aye The vote was unanimous and the motion carried. RECONVENE: MOTION: A motion was made by Council Member Almquist to reconvene. SECOND: The motion was seconded by Council Member Bunker. St. George City Council Minutes April 24, 2008 Page Seven VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. DISCUSSION CONCERNING A COMMUNITY GARDEN: Council Member Shakespeare advised she met with Mr. Kelsch and he suggested that the City should speak with Mr. Burgoyne about the possibility of purchasing his home for use as a community garden. Mr. Kelsch will sell his back lot for $40,000, but would like to build a casita in his backyard for his mother-in-law. Deputy City Attorney Paula Houston advised that casitas are not allowed as permanent residences. Council Member Shakespeare advised that she would schedule a meeting with Mr. Burgoyne. City Manager Gary Esplin advised that this area would qualify for CDBG funding DISCUSSION CONCERNING WASHINGTON COUNTY ARTS COUNCIL: Council Member Bunker advised that the Washington County Arts Council would like each community involved to donate based on its population. They are asking St. George to donate $2,500. DISCUSSION CONCERNING TENNIS COURTS AT TONAQUINT: Council Member Almquist advised there is a conflict between those who give tennis lessons at the Tonaquint tennis courts and those who just use the courts for play. The Cit...

... AWARD OF BID: Consider award of bid for the purchase of parts for the Tonaquint pump station. Purchasing Agent Sue Swensen advised this purchase is a sole source item from Soft Start/Soft Stop Pump to match existing equipment at the Tonaquint pump station. The manufacturer?s representative is D. Blake Electric. She recommended award of the bid to D. Blake Electric in the amount of $30,776.73. Council Member Orton inquired how one qualified as a sole source. Ms. Swensen explained a sole source provides unique equipment. D. Blake Electric is the Utah representative for the manufacturer. A motion was made by Council Member Orton and seconded by Council Member Whatcott to award the bid to D. Blake Electric in the amount of $30,776.73. Mayor McArthur called for a vote, and all voted aye. The motion carried. AWARD OF BID: Consider award of bid for the purchase of a modular building for the SunTran System. Purchasing Agent Sue Swensen presented the bids received: Williams Scotsman $45,334 Resun Leasing $47,665 G.E. Capital Modular $62,762 She recommended award to the low bidder, Williams Scotsman, in the amount of $45,334. Mayor McArthur advised that the transition of DARTS to SunTran will take place January 2, 2003. He advised that buttons for First Night are now on sale, and one of the SunTran vans with the new color scheme will be on display that night. A motion was made by Council Member Isom and seconded by Council Member Orton to award the bid to the low bidder, Williams Scotsman, in the amount of $45,334. Mayor McArthur called for a vote, and all voted aye. The motion carried. RESOLUTION: Consider adoption of a resolution appointing a Trustee to the Board of Trustees of the Mosquito Abatement District. Mayor McArthur recommended that Council Member Gardner be appointed to serve on the Board of Trustees of the Mosquito Abatement District. A motion was made by Council Member Orton and seconded by Council Member Whatcott to appoint Council Member Gardner to serve on the Board of Trustees of the Mosquito Abatement District. Mayor McArthur called for a roll call vote, as follows: St. George City Council Minutes December 12, 2002 Page Four Council Member Orton - aye Council Member Whatcott - aye Council Member Isom - aye Council Member Allen - aye Council Member Gardner - aye The vote was unanimous and the motion carried. RESOLUTION: Consider adoption of a resolution abandoning a public utilities easement in the Pine View Commercial Center Subdivision. Public Works Director Larry Bulloch explained that lots in the Pine View Commercial Center Subdivision are being realigned to make fewer lots in order to accommodate the market. A motion was made by Council Member Whatcott and seconded by Council Member Gardner to approve the abandonment by resolution. Mayor McArthur called for a roll call vote, as follows: Council Member Whatcott - aye Council Member Gardner - aye Council Member Isom - aye Council Member Whatcott - aye Council Member Allen - aye The vote was unanimous and the motion carried. RESOLUTION: Consider adoption of a resolution abandoning a public utilities and drainage easement between Lots 14 and 15 in the Bloomington Country Club No. 10 Subdivision. Public Works Director Larry Bulloch advised that problems are being created in the Bloomington area by property being split up and drainage easements being sold. Some sort of coordination is necessary to that the City is aware of when this is happening so accommodations for drainage ways and other public improvements can be made. He proposed that an overall master plan of the area showing the lots proposed for sale be reviewed so that agreement can be had on how to handle these issues. He suggested that a work meeting be scheduled with representatives of the Bloomington Country Club to address these issues and review the overall plan. A motion was made by Council Member Gardner and seconded by Council Member Orton to approve the resolution. Mayor McArthur called for a roll call vote, as follows: Council Member Gardner - aye Council Member Orton - aye Council Member Allen - aye Council Member Whatcott - aye Council Member Isom - aye The vote was unanimous and the motion carried. RESOLUTION: Consider adoption of a resolution appointing a representative to the Utah Associated Municipal Power Systems. Mayor McArthur recommended that Philip Solomon be appointed as the City?s representative to UAMPS. A motion was made by Council Member Whatcott and seconded by Council Member Gardner to approve a resolution appointing Philip Solomon as the City?s representative to UAMPS. Mayor McArthur called for a roll call vote, as follows: Council Member Whatcott - aye Council Member Gardner - aye Council Member Orton - aye Council Member Isom - aye Council Member Allen - aye St. George City Council Minutes December 12, 2002 Page Five The vote was unanimous and the motion carried. City Attorney Shawn Guzman advised that an alternate representative also needed to be appointed. Mayor McArthur suggested Gary Esplin be appointed as the City?s alternate representative to UAMPS. A motion was made by Council Member Whatcott and seconded by Council Member Gardner to approve a resolution appointing Philip Solomon as the City?s representative to UAMPS, and Gary Esplin as the City?s alternate representative to UAMPS. Mayor McArthur called for a roll call vote, as follows: Council Member Whatcott - aye Council Member Gardner - aye Council Member Isom - aye Council Member Allen - aye Council Member Orton - aye The vote was unanimous and the motion carried. ANNUAL AUDIT REPORT: Presentation of the annual audit report. Ken Hinton reported that overall the City is healthy financially, and the audit test work found the financial statements of the City to be in good order and the audit test work found no material instances of non-compliance with federal or state laws. He reported that the audit was clean, as were the financial statements. SET PUBLIC HEARINGS: Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held November 26, 2002, recommended that public hearings be scheduled for January 9, 2002 at 5:00 p.m. to consider (1) an amended PD Commercial zone to revise the commercial and open space boundaries to extend the buildable commercial area for the Tonaquint Center located at 1600 South Dixie Drive; and (2) an amendment to...

...onsider approval of a resolution accepting the annexation petition for the Tonaquint Addition. City Manager Gary Esplin explained the first step in an annexation is the approval of a resolution accepting the petition. He stated this is from SITLA for property west of Tonaquint area out to the Green Valley area. MOTION: A motion was made by Council Member Pike to approve the resolution accepting the annexation petition for the Tonaquint Addition. SECOND: The motion was seconded by Council Member Almq...

...ark Planning; FY2015 Project List (Budgeted Items); Tabernacle Roundabout; Tonaquint Roundabout; Pioneer Part Restroom; Hela Seegmiller Farm – Phase I; Royal Oaks Park – Phase 2; sand Hollow wash Crossing & Trail Extension; Tonaquint Nature Center Grading & Revegetation; Bloomington Park Pickleball Courts & Lights; Special Projects – Designed & Supervised; St. George City Council Minutes February 12, 2015 Page Seven Red Hills Garden; Middleton Wash Trail Repairs; Tonaquint Cremation Garden; Elks Field Relocation; Electric Theater; Switch...

...ot subdivision and dedication of a portion of Dixie Drive for the proposed Tonaquint Center west of the new cemetery on Tonaquint Drive. Gail Maxwell is the agent. City Manager Gary Esplin recommended that if the City Council was inclined to approve the plat, that it be subject to working out details of the drainage channel adjacent to the property with the owners and developers. This channel needs to be constructed at the time the building permit is taken out. A motion was made by Council Member Whatcott to approve the preliminary and final plats and authorize the Mayor to sign the final plat subject to construction of a drainage channel at the time the building permit is taken out. 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 Orton - 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 November 13, 2001, recommended approval of the final plat for Bloomington Courtyard Commercial Center Phase 4, and of a landscape St. George City Council Minutes November 15, 2001 Page Six transfer. The applicants will also install and maintain landscaping in the Pioneer Road right-of-way. Brian McMullin and Monty Magelby are the applicants. A motion was made by Council Member Orton and seconded by Council Member Gardner to approve the final plat, authorize the Mayor to sign it, and also the landscape transfer. Mayor McArthur called for a vote, as follows: Council Member Orton - aye Council Member Gardner - aye Council Member Allen - aye Council Member Whatcott - aye Council Member Isom - aye The vote was unanimous and the motion carried. ROAD DEDICATION PLAT: Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held November 13, 2001, recommended approval of the road dedication plat for Lava Flow Drive and Little League Drive. City Manager Gary Esplin explained that the property was originally developed under an RPP with the City and School District. The BLM decided it wanted the property under ownership of one entity, so it was put under the ownership of the School District. When the school was built on this site, the road was never dedicated, and the RPP was amended. The property to the east of Lava Flow Drive is being dedicated and the City will keep the property to the west of Lava Flow Drive. A motion was made by Council Member Gardner and seconded by Council Member Orton to approve the road dedication 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 Isom - aye Council Member Whatcott - aye Council Member Allen - aye The vote was unanimous and the motion carried. ROAD DEDICATION PLAT: Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held November 13, 2001, recommended denial of the road dedication plat for Black Ridge Drive and Airport Road right-of-way. Public Works Director Larry Bulloch commented that the City has been engaged in a special improvement district in this area to accommodate increased traffic in the Hilton Drive area, and the project is nearing completion. All signatures have been obtained on the road dedication plat, and staff would like to record the plat. Mayor McArthur advised that in order to open Black Ridge Drive, the plat had to be recorded. City Manager Gary Esplin commented that it was not the City?s intent to construct the connection from Black Ridge Drive to the airport at this time, and staff understands that requirements of the Hillside Ordinance will have to be met when this is done, and has every intention of doing so. The Legal Department?s position is that it is not necessary to obtain the Planning Commission?s permission to accept dedication of Black Ridge Drive, and staff can see no conflict in approving the plat now with the understanding that the connecting road to the airport will not be built unless all requirements are met. Therefore, there is no reason to hold up the opening of Black Ridge Drive. St. George City Council Minutes November 15, 2001 Page Seven Council Member Isom stated she thought staff?s position had been made clear when the City Council met with the Hillside Review Board, and she did not understand why the Planning Commission recommended denial. A motion to approve the plat and authorize the Mayor to sign it was made by Council Member Whatcott and seconded by Council Member Allen. Mayor McArthur called for a vote, as follows: Council Member Whatcott - aye Council Member Allen - aye Council Member Orton - aye Council Member Isom - aye Council Member Gardner - aye The vote was unanimous and the motion carried. LOT SPLIT: Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held November 13, 2001, recommended approval of a lot split located at the northeast corner of 400 South 100 West. The request complies with the requirements of the zone. A motion was made by Council Member Gardner and seconded by Council Member Orton to approve the lot split. Mayor McArthur called for a vote, as follows: Council Member Gardner - aye Council Member Orton - aye Council Member Whatcott - aye Council Member Isom - aye Council Member Allen - 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 Open Space to RE-12.5 for property located north of Pheasant Run at 1287 W. Bloomington Drive South. Dan Steuer, agent. Community Development Director Bob Nicholson explained the site consists of 2.17 acres and is adjacent to Bloomington Drive. The property is a remnant of the old Raymond Lowe estate and the parcel is suitable for development. The Planning Commission recommended approval. The applicant would also like permission to erect a detached garage 22? to the roof peak. No opposition or concern has been expressed from neighbors. Mayor McArthur opened the public hearing. There being no public comment, he closed the public hearing and called for a motion. A motion was made by Council Member Orton and seconded by Council Member Gardner to approve the zone change by ordinance and height of the garage to 22? to the roof peak. 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 Isom - aye The vote was unanimous and the motion carried. St. George City Council Minutes November 15, 2001 Page Eight PUBLIC HEARING/ZONE CHANGE/ORDINANCE: Public hearing to consider a request for a zone change from A-1 Agricultural to R-1-8 Single Family Residential, 8,000 sq. ft. minimum lot size, on nine acres located at about 2000 South and 2000 East. Brent Greenwood, applicant. Community Development Director Bob Nicholson explained the site is accessed from 2450 South and is located on the back side of the Stonecliff development. The General Plan shows the area as low density residential, up to four homes per acre, and the request meets these guidelines. Adjoining zoning to the east is currently Mobile Home, with A-1 to the west, RE-20 to the south, and a hillside to the north. In the past there has been a quite a bit of opposition from neighbors to any similar requests for zoning, but no one was at the Planning Commission to protest this zone change. The Planning Commission recommended approval on a four to two vote. Council Member Orton inquired if the property fell within the ?Little Valley? area, and he was advised that it did. Mr. Nicholson replied that the project would have to have sewer service. Council Member Orton commented that a similar zone change request by Darrell Larkin for property to the south was denied. Community Development Director Bob Nicholson replied that at the end of the Planning Commission meeting Darrell Larkin changed his request to half-acre agricultural lots. Council Member Gardner commented that he thought the City Council?s commitment to residents in this area was for half acre lots. Brent Greenwood, applicant, advised that there is MH property to the east, and 2000 South to the south which will separate the project from the rest of the area. He advised his property consists of nine acres, but he would only develop four to six acres, so the top part of the rock will not be involved. The homes proposed for the project will be 1,300-1,700 sq. ft. Mayor McArthur opened the public hearing. Council Member Whatcott inquired if the project would be accessed from 2450 South. He was advised that it would be. Glen Bundy stated there was a water problem in the area and asked if this was being addressed as more and more property is being developed. He stated there was no flow or pressure. City Manager Gary Esplin replied there is a pressure problem in the area, but it was not germane to this zone change discussion. The City expects to cure the problem by installing a new pump, and is presently working on the problem. Mr. Bundy stated he hated to see the area cut into smaller pieces, and that the City Council was aware of the feelings of the residents in the area. Marian Belin inquired as to the time frame for curing the water problem. Water and Power Director Wayne McArthur replied that he hoped to have the problem solved by summer, and the pressure problem is not as severe in the winter months. Ms. Belin replied that her water pressure tested at 75 pounds. Mr. McArthur replied that the City is required to supply 40 pounds, and while the pressure may currently be less than the residents are used to, it is sufficient. St. George City Council Minutes November 15, 2001 Page Nine City Manager Gary Esplin advised that the City is alerting developers that new subdivisions in the Little Valley area will not be approved until the water problem is solved. There being no further public comment, Mayor McArthur closed the public hearing. Council Member Allen wondered why the neighbors were not present at the meeting. Council Member Orton replied that he remembered the City Council assuring the residents of Little Valley that the City would keep the area as agricultural. Council Member Whatcott suggested that perhaps the City Council should do some long range planning in the Little Valley area. He commented that if this zone change were approved, acre lots will be backing up to it and would constitute spot zoning. Community Development Director Bob Nicholson replied that the City is in the process of planning for the Little Valley area right now with the general plan, and the Little Valley area is the most difficult area in the City to get a consensus on zoning. There is a certain area on both sides of 2450 South designated as low density residential, and whether right or wrong, this was done in 1995. Area residents have expressed concerns that they do not want a mixture of lots which allow animals, and others that do not. However, owner of large parcels of property in this area would like to have the option of developing smaller lots. Mayor McArthur commented that previous conversations with area residents centered around retaining half acre lots and allowing animals on these lots. Council Member Whatcott reminded that the Washington City Master Plan shows the Washington Fields area as R-1-10, four homes per acre. Council Member Orton commented that RE-12.5 zoning only allows one large animal, and therefore the residents and City Council preferred half acre zoning to allow more than one large animal. Council Member Whatcott stated his recollection was also that the City Council agreed on half acre lots. He stated that if the City is looking at long term planning for the Little Valley area, the adjacent MH zoning needed to be rethought. Community Development Director Bob Nicholson advised that the City received an application last month to rezone the MH property to something else, but when the developer heard about the water pressure problems, he backed off. Council Member Gardner advised that this property was still in the County when it was zoned MH. There being no further public comment, Mayor McArthur closed the public hearing. Council Member Gardner commented that while the City Council would like to accommodate everyone?s wishes, it desires to be consistent in its thinking. There has been a lot of discussion about zoning in the Little Valley area throughout the SID process. It was his feeling at that time that if developers were going to have the ability to subdivide into smaller lots, they should have paid on a per dwelling unit basis, rather than on a per acre basis. Animals are important to the residents in this area, and there has to be someplace in the City where they are allowed. Mayor McArthur commented that many people will be watching to see what the City Council does with this request, as it will determine what will happen with similar requests in this area. St. George City Council Minutes November 15, 2001 Page Ten Council Member Whatcott commented that the request seemed to be out of character for the area. Council Member Gardner asked for clarification that the parcel of property included in this request was included in the SID. Community Development Director Bob Nicholson confirmed that it was included in the SID, and was assessed on a one unit per acre basis. A motion to deny the request was made by Council Member Gardner and seconded by Council Member Whatcott. 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. PUBLIC HEARING/ZONE CHANGE/ORDINANCE: Public hearing to consider a request for a zone change from Open Space to C-3 General Commercial on a 22? wide strip of land located north of St. George Blvd. on 700 East. Doug Holt, applicant. Community Development Director Bob Nicholson advised the property is located at the north end of 700 East north of St. George Blvd. and the applicant is requesting that the north 22? (or .16 acre) of a two acre parcel be changed from OS to C-3. The remainder of the property is zoned C-3. The applicant is proposing to develop a retail landscaping and rock products business on the site. The Hillside Review Board recommendation approval, as did the Planning Commission on a four to three vote. Doug Holt, applicant, advised that 97% of the property is zoned C-3, and while he found other properties he liked better, he was turned down on all of them. Mayor McArthur opened the public hearing. There being no public comment, he closed the public hearing. Council Member Whatcott asked if the 22? in question was located within a hillside. Mr. Nicholson replied that the 22? is within a hillside, above a 15% slope. The applicant will stay 4? away from the top. Council Member Orton asked if staff?s concerns about drainage had been taken care of. He was advised that drainage will be addressed through the site plan process before a building permit is issued. Mayor McArthur advised that as a result of discussions with the applicant, perhaps the applicant could assure that adjoining area owned by the Citye is cleaned up and maintained. He also suggested that perhaps the applicant could pursue a site in the Middleton area. Mr. Holt replied this was still possible, but it was not financially feasible to develop both sites at once. Council Member Whatcott inquired about the elevation change between the 22? feet of property in question and the rest of the property. Mr. Nicholson replied that the property gently slopes and continues 22? up the hill. He stated staff thinks the business could be done without using the hillside, but the applicant has a different opinion. St. George City Council Minutes November 15, 2001 Page Eleven Council Member Whatcott expressed concern about the cut. Jerry Amundsen, Project Engineer, stated that as far as the location of the cut, it will be within the hillside and within the 22? portion, however, the Hillside Review Board stipulated that the applicant should try and cover the slope and even specified which types of trees to use. Doug Holt stated he needed at least 17? of the 22? in order to turn his trucks around. Council Member Gardner inquired of Mr. Holt if the 22? was critical or preferred. Mr. Holt replied that he needed the additional 17? to turn his trucks around, or the project would not be feasible. Community Development Director Bob Nicholson advised that if the property remains Open Space, the hillside will not be cut, and the applicant can cut to the C-3 Open Space line. Mayor McArthur advised he would prefer to see another location pursued. Mr. Holt replied that he would like to pursue approval for this piece of property, but the other location could still happen. He replied that the property is valuable to him unless his request is turned down. Council Member Gardner commented that he had no problem with the zone change or the cut, but he was not sure the entrance to the City was an appropriate place for this business. Mr. Holt replied he was advised to seek C-3 property for his business, and he did so. Mayor McArthur commented that the City would like to continue discussions with Mr. Holt about enhancing adjacent City property. Mr. Holt replied that he would be willing to clean up adjacent City property and make it more attractive, and install a fence and picnic table, if the City grants his zone change request. A motion to approve the request was made by Council Member Isom and seconded by Council Member Gardner. Council Member Whatcott commented that while he did not think this location was appropriate for the business, he was concerned to hear about Mr. Holt?s struggle to find a suitable location for the business. Mr. Holt replied that he found a location in the Millcreek Industrial Park, but was advised retail sales were not allowed. He also found three acres zoned C-2, but was advised by City staff that C-2 zoning was not suitable. The Rowland Stone rock yard is zoned C-3, as is Sunroc outside sales and Anderson Lumber outside sales, so staff directed him to look for C-3 property. Mayor McArthur called for a roll call vote, as follows: Council Member Isom - aye Council Member Gardner - aye Council Member Allen - aye Council Member Orton - aye Council Member Whatcott - no The motion carried. St. George City Council Minutes November 15, 2001 Page Twelve CONDITIONAL USE PERMIT: Consider a request for approval of a conditional use permit to increase the building height to 19? for a garage located at 487 South 1000 East. James Smith, applicant. Associate Planner Mark Bradley advised the applicant is requesting a building height of 17?, not 19?. There was no opposition at the Planning Commission meeting, but later the City received one letter of concern. Additionally, the address in question is 487 South 100 East, not 1000 East. A motion was made by Council Member Gardner and seconded by Council Member Allen to approve the conditional use permit as requested. Mayor McArthur called for a vote, as follows: Council Member Gardner - aye Council Member Allen - aye Council Member Orton - aye Council Member Whatcott - aye Council Member Isom - aye The vote was unanimous and the motion carried. CONDITIONAL USE PERMIT: Consider approval of a conditional use permit for an extension of time for the Masonic Lodge at 1990 East and Mall Drive. Dick Rein, applicant. Associate Planner Mark Bradley advised the applicants have submitted and received approval of their construction drawings. The Planning Commission recommended approval of a one year extension. Jack Davidson, Co-Chairman of the Committee, advised that they have had difficulty in finding a general contractor, but have now located one and have the financial ability to begin the project. A motion was made by Council Member Gardner and seconded by Council Member Orton to approve the conditional use permit. 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. CONDITIONAL USE PERMIT: Consider approval of a conditional use permit to allow an increase in building height to 50? for the new Southwest Center office building to be constructed at 486 West 200 North. Les Stoker, agent. Associate Planner Mark Bradley explained that the building will actually be 43?, not 50?, and the Zoning Ordinance allows elevator and mechanical rooms to exceed the allowed height. The applicant expects the mechanical room will not exceed 47? in height. The Planning Commission recommends approval. The area is flat, so the height of the building is consistent at all angles. Les Stoker, agent, explained the building will be located across from Hurst, and will be a three story building. A motion was made by Council Member Isom and seconded by Council Member Allen to approve the conditional use permit. St. George City Council Minutes November 15, 2001 Page Thirteen City Attorney Jonathan Wright advised that the Planning Commission recommendation for approval came with a stipulation that the building not exceed 43? in height, not including the elevator and mechanical room. 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. CONDITIONAL USE PERMIT: Consider approval of a conditional use permit for the upgrading of a power line on the west side of St. George from 34 kV to 69 kV using the existing alignment from the HCP boundary near Bluff Street to Santa Clara. Mark Cox, agent for Utah Power and Light. Associate Planner Mark Bradley advised the realignment will pass through the HCP area which is Open Space, and the applicant will upgrade with wood poles at the same height. There may be some adjustments to meet requirements. Gary Muhlstein advised the new realignment will do away with the two existing lines by combining then into one. Mark Cox of Utah Power displayed a map of the alignment of the lines, and explained that the poles will not be the same height, but taller. For the most part they will be 65? in height, but there may be a few places they will have to be higher. The existing poles are 45-50? in height. A motion was made by Council Member Gardner and seconded by Council Member Isom to approve the conditional use permit. Mayor McArthur called for a vote, as follows: Council Member Gardner - aye Council Member Isom - aye Council Member Allen - aye Council Member Whatcott - aye Council Member Orton - aye The vote was unanimous and the motion carried. Council Member Gardner was excused from the meeting. Mayor McArthur called for a five minute break. CONDITIONAL USE PERMIT: Consider approval of a conditional use permit using the temporary building on site at 1062 West Sunset Blvd. for a used car lot. This item was tabled. REQUEST TO PURCHASE CITY PROPERTY: Consider a request to purchase City property or to obtain an easement for sewer on City property located in Washington City along the Millcreek drainage. Doug Hunt, applicant. City Manager Gary Esplin explained the City acquired the property in question when it acquired Millcreek water. There is now no need to retain the property. Mr. Hunt would like an easement across the property to install a sewer line or to purchase the property. The City?s concern is the value. Mr. Hunt had an appraisal performed by Stan Blake, which differs from the appraisal the City St. George City Council Minutes November 15, 2001 Page Fourteen obtained. Mr. Hunt does not agree with the value of the appraisal obtained by the City. The property has no access as the road was abandoned by Washington City, and there is no access through adjacent properties. Further, the City has no intention of developing the property and staff suggests the property be sold. If the City Council chooses to do this, it must determine which appraisal to use. Mayor McArthur suggested averaging the two appraisals. Mr. Esplin replied that Mr. Hunt was not willing to pay more than his appraised price. Mr. Hunt could go around the property to hook into the sewer even without an easement, and once his project is built, no one else would want the property. Council Member Isom suggested the property be sold to Mr. Hunt if Mr. Blake?s appraisal is a fair price. City Manager Gary Esplin agreed that it would be very difficult to put anything else on the property, and the appraisal the City obtained was valued on the number of units which could be placed on the property. Mr. Esplin commented that in order to build that many units on the property, it would have to be combined with adjacent property. Mayor McArthur commented that if the City sold the property at Mr. Hunt?s appraised price, it would be following a different procedure, as the City normally averages two appraisals. Doug Hunt advised that the City had no buyer for the property, and he would purchase it for the amount appraised by Stan Blake. Half the property is in the Millcreek Wash and within FEMA?s flood plain, and there is no access. He did not see how the property could be developed. City Attorney Jonathan Wright advised that even if Washington City had abandoned the road, the City would still have a private easement to access the property. A motion was made by Council Member Isom and seconded by Council Member Whatcott to sell the property to Mr. Hunt for the amount of the Stan Blake appraisal, $21,500. 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. AGREEMENT WITH UDOT: Consider approval of a cooperative agreement for an I-15 improvement project with UDOT. City Manager Gary Esplin explained that this item was tabled from the last agenda and is an agreement with Sear Brown for design of landscaping along the freeways. A grant from UDOT has been received to do this, and the City?s match will be $12,000 for the project. A motion was made by Council Member Whatcott and seconded by Council Member Allen to approve the agreement. Mayor McArthur called for a vote, as follows: Council Member Whatcott - aye Council Member Allen - aye Council Member Orton - aye Council Member Isom - aye St. George City Council Minutes November 15, 2001 Page Fifteen The vote was unanimous and the motion carried. PROPERTY EXCHANGE AGREEMENT: Consider approval of an agreement with SIMLEW for a property exchange to facilitate a trail adjacent to McArthur?s Landing and the Post Office along Riverside Drive. City Manager Gary Esplin advised that the City has been working with SIMLEW to facilitate a trail in the area adjacent to the Post Office on Riverside Drive. The proposed agreement will result in the City quit-claiming its interest in property north of the trail. According to the Deputy City Attorney Ron Read, the City has no right to the property. The City will receive acreage for the trail from SIMLEW. A motion was made by Council Member Orton and seconded by Council Member Whatcott to approve the agreement. Mayor McArthur called for a 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. BEER LICENSE: Consider approval of a beer license for the Panama Grill Restaurant. A motion was made by Council Member Isom and seconded by Council Member Orton to approve the beer license. 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. SPECIAL EVENT PERMIT: Consider approval of a special event permit for the Utah Rock Crawling and Off-Road Challenge to be held in St. George in February. City Manager Gary Esplin advised the event is proposed to be held between Green Valley and Bloomington in the Tonaquint area. The applicants, Craig Stump, Mike Cook, and Dave ...

...agreement with Mr. Kay Traveller for drainage improvements adjacent to the Tonaquint Cemetery. The drainage improvements adjacent to the new Tonaquint Cemetery are necessary temporarily until the property Mr. Traveller owns to the west of the cemetery is developed. Flooding in this area has occurred previously, because over the years there has been a dike constructed which diverts the water from it?s natural drainage area. This agreement will allow the City to breach the dike and provide drainage facilities that will take the water to the Santa Clara River and protect the Tonaquint Cemetery that is being built. Mr. Traveller has agreed to allow ...

...usiness doing so well for 30 years. 2. TOUR OF THE CREMATION GARDEN AT TONAQUINT CEMETERY: Councilmembers arrived at the Tonaquint Cemetery at approximately 6:20 PM and were met by Leisure Services Director Kent Perkins and selected staff who presented and explained aspects of the All Abilities Park currently under construction. Councilmembers discussed the train that was planning on arriving sometime within the next week, as well as water features and placement of various items. Councilmembers then walked over to the recently completed Cremation Garden and viewed the recently installed columbarium. They discussed the plans and implementation for this space-saving element for use of cremated remains within the St. George City Council Minutes August 13, 2015 Page Three Tonaquint Cemetery. Councilmembers discussed with the Sexton and staff abo...

...ion carried.   FINAL PLAT: Consider approval of the final plat for Tonaquint Cove Phase 1 Subdivision.   Assistant Public Works Director Wes Jenkins presented the final plat for Tonaquint Cove Phase 1 Subdivision, a 15-lot residential subdivision located at Curly Hollow Drive and Rock Park Drive (approximately 1420 West and 2100 South); zoning is R-1-10 (Single Family Residential 10,000 sq. ft. minimum lot size).  He showed and outlined the final plat.   MOTION:      A motion was made by Councilmember Hughes to approve the final plat for Tonaquint Cove Phase 1 Subdivision. SECOND:     &...

...elo, located at 1450 South and 2630 East. Arturo Del Toro, applicant. 4. Tonaquint Hills Phase 2, located at Silicon Way and Dixie Drive. Kay Traveller, applicant. 5. Rink Estates, located at 2020 East Circle and 2800 South. Jim Raines, representative. 6. Ft. Pierce Area 1 road dedication located at River Road and Venture Drive area. Reid Pope, representative. 7. East Ridge Phase 6, located at Crestline Drive and 60 South. Scott Woolsey, representative. 8. Beehive Homes, located at Tonaquint Drive and Mesa Palms Drive. Marc Brown, representative. 9. Mesa Palms Townhouses Phase 5, located at Mesa Palms Drive and Crystal Drive. Reid Pope, representative. 10. Twin Creeks Phase 3, located at Northstar Drive and 510 N. Circle. Brandon Anderson, representative. 11. Cottam Fields, located at River Road and 2250 South. Jim Raines, representative. Council Member Whatcott asked about the request for Vista Del Cielo. He stated that there was a question about the protection on 1450 South and whether appropriate landscaping was required. Mr. Nicholson stated that the Council required that if there were any privacy walls they would have to be consistent. He said that the ones that had frontage would either have no walls or a consistent wall and the mandatory 10 ft. planter strip along 1450 South. MOTION: A motion was made by Council Member Orton to approve the final plats with the stipulations as stated on the plan notes and authorize Mayor McArthur to sign the plats. SECOND: The motion was seconded by Council Member Bunker. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. CONDITIONAL USE PERMIT: City Planner Ray Snyder explained that this request is for Desert Hills High School located at the intersection of Desert Hills Drive and 840 East. He explained that the layout consists of three separate buildings. Mr. Snyder referred to a site plan and stated that the middle building would be for classrooms, the second building would be a gymnasium and the third would be a vocational building. Mr. Snyder said that a softball field, a baseball field and a future football field would also be part of the property. He explained that the classroom building is two-stories and 54?5? at the tallest point, the gymnasium is 36?3? at the tallest point, and the vocational building is 20?5? at the tallest point. He said that the number of students anticipated for the high school would be 1,350 with a maximum of 1,500. He said that the proposed parking proposed meets and exceeds the City standard because it meets state standards. Mr. Snyder stated that the Washington County School District and the City are working together to mitigate the manmade hillside between the Desert Hills subdivision and the south property line of the Washington County School District property. He said that the hillside mitigation also involves the related trail system and erosion protection. All lighting would be mitigated so as not to impact the adjacent residences. The mitigation would involve using the latest technology of dark sky style lighting and minimum footcandles. The Planning Commission requested a photometric plan to be submitted for staff review. Mr. Snyder stated that the Planning Commission recommended approval for the construction and development of the high school along with its associated buildings, heights, playing fields and landscaping as proposed. Mayor McArthur asked City Manager Gary Esplin if the concerns about the trail and retaining the hillside had been taken care of. City Manager Gary Esplin stated that the City is still working with the previous developer to get a commitment to help with the expense. He stated that the City is planning on working with the school to build the trail behind the school. He said the trail going to the east will be a significant amount of money and the City will have to wait on that one for awhile. St. George City Council Minutes July 20, 2006 Page Six Council Member Bunker stated that the City Council requested that specific lights be used for the project but that they were not allocated in the budget. City Manager Gary Esplin stated that in the past the City has provided some lighting on a joint use basis so other community groups could use the facilities in the evenings. He said that he didn?t know if this was going to be the case in this situation. Glen Carnahan stated that he is an Engineer with Alpha Engineering Company. He said that the school district has directed his company to provide all of the conduits and underground infrastructure to accommodate future lighting on the baseball and softball fields and tennis courts. He stated that the school district was going to light the football field. He stated that the school district has expressed an interest in continuing the relationship with the City to allow public use after hours but he said that he didn?t think the school district had budgeted for additional lights. Council Member Orton said that it would be a shame to not have the facility available for public use in the neighborhood. He asked City Manager Esplin if the expense for the lighting could be put into the next budget year. City Manager Esplin stated that he would look at the costs and include it in the next budget year. Mr. Carnahan stated that the facility will take two years to construct and is anticipated opening in the fall of 2008. Mayor McArthur asked about the night sky issue since the school hadn?t included the required lights in its budget. Mr. Carnahan said that he would have to follow up on that issue. He stated that the majority of the site sits quite a bit lower than the surrounding subdivisions. He said that the proposed football field is 35 feet below the existing toe of the slope. Council Member Orton asked if some residents? homes are on the same elevation as the school. Mr. Carnahan said that there are some homes that back up to the school on the west side. Council Member Whatcott asked if there was anything planned for the vacant ground that currently sets in front of Desert Hills Intermediate. Mr. Carnahan stated that he cannot speak for the board but he knows that they are considering a site for a seminary building. Council Member Whatcott asked why the proposed baseball field is facing to the west. Mr. Carnahan stated that it is due to a grading issue with the layout of the project. Council Member Bunker asked Mr. Carnahan to explain what the size of the retaining wall would be and how it would be constructed. Mr. Carnahan stated that they have been working with the City engineers on the issue. He said that the existing fill slope is on City property and when they began grading the site they discovered the necessity for retaining walls. He said that there would be a series of walls that would be approximately 10 feet in height and staggered. The highest point would be 35 feet. He said that one of the things that would be accomplished with the retaining walls and the associated geogrid is the stabilization of the existing fill slope on the City property. He said that when they install the geogrid they will mitigate the slope by cutting it back to be a stable slope. He said that the walls will be offset enough to put a trail in. MOTION: A motion was made by Council Member Whatcott to approve the conditional use permit. SECOND: The motion was seconded by Council Member Orton. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. PUBLIC HEARING/PRELIMINARY PLAT: Public hearing to consider approval of the preliminary plat for Bella Tuscana at Mesa Palms located at Dixie Drive and Mesa Palms Drive. Cutrell, Inc., applicant. Kathy Hasfurther, Engineer IV, explained that this subdivision is part of the existing Mesa Palms PD zoning but that it will stand alone as far as having its own recreational area. She stated the design is for 55 single-family dwellings. Ms. Hasfurther stated that the Planning Commission recommended approval with the following staff comments: 1) the subdivision is required to have 11,000 sq. ft. of recreational area , and 2) lots 60-72 and 99-108 are being shown as walkout basement lots which will need to be built as such to reduce the wall heights within the subdivision. Mayor McArthur opened the public hearing. There being no public comment, he closed the public hearing. St. George City Council Minutes July 20, 2006 Page Seven Council Member Bunker asked about the size of the recreational area. She said that she couldn?t see where it was located on the plat. Ms. Hasfurther said that was why staff stated that the area had to be 11,000 sq. ft. She said that they couldn?t tell from the plat whether the recreational areas met that requirement because the square footage was not shown. Council Member Bunker asked if the applicant had something in place as far as what they are going to do with those areas. Ms. Hasfurther said that she has not seen anything. Mayor McArthur asked if the applicants were present. No one came forward. Council Member Bunker stated that she would like to see it tabled until more information on the recreational areas and trail system to connect with the City?s trails was provided. MOTION: A motion was made by Council Member Bunker to table the request. SECOND: The motion was seconded by Council Member Whatcott. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. City Attorney Shawn Guzman asked if a date could be set for reconsideration since it was a public hearing. Mayor McArthur said that it would be tabled until the next official council meeting. PUBLIC HEARING/PRELIMINARY PLAT: Public hearing to consider approval of the preliminary plat for Villa De Colina condominiums at the southeast corner of the Foremaster Drive and Riverside Drive intersection. Ben Howell, applicant. Kathy Hasfurther, Engineer IV, explained that this preliminary plat used to be called Foremaster Green and is located on the east side of the new Riverside Drive extension along the base of the hill. Ms. Hasfurther said that was a discrepancy regarding slope percents. She said that the hillside development plans show a 2.2:1 cut but that the preliminary plan shows a 2:1 cut. She said that both plans need to be consistent. She also stated that as part of the recommendation from the City traffic engineer, the north cul-de-sac is to extend north to eventually tie into the Netta?s Knoll entrance road that would provide access to a street traffic light. She said that they have talked to the applicant about this and the applicant is in agreement. Ms. Hasfurther said that the Planning Commission recommended approval on a 4-1 vote with the conditions that the hillside development plan and preliminary plat coincide on the hillside cut; that the old landscape plan submitted with the original hillside development permit be used along Riverside Drive and that the applicant is required to over excavate in that landscape area by 5 ft. Tim Fry stated that he is an engineer with Premier Design & Engineering. Mr. Fry explained that the new applicant is Ben Howell and that the hillside permit was obtained by the prior applicant. He said that was the reason there was a difference between the hillside development permit and the preliminary plat. He explained that the unit types have been changed to larger units with parking underneath each unit. He went through a computer animated presentation that showed the project from different angles and heights. Council Member Gardner asked about the sloughing on the cut. Mr. Fry stated that the current sloughing is because the slope in at 1:1. He said that their project has the slope at a 2:1 and that the geotechnical engineer is not concerned about the possibility of sloughing with the slope at a 2:1. Mayor McArthur asked how many units there were per building. Mr. Fry said that there are eight units per building. He explained that there is a proposed recreational area, a pool and a club house with additional parking spaces. He described the entrance off of Riverside Drive going south and the exit from the project. Council Member Gardner asked if the private streets in the project were lower than Riverside Drive. Mr. Fry said that on the north end Riverside Drive is lower but on the south end it is higher. Council Member Gardner asked about the conditional use permit. Mr. Fry explained that the conditional use permit is for height variance. Council Member Whatcott clarified that the height variance request is because the buildings are lower than 35 feet if the measurement is from Riverside Drive but when measured from the north end the buildings are up to 42?2? in height. Mr. Fry stated that was correct. St. George City Council Minutes July 20, 2006 Page Eight Council Member Whatcott asked if there was a requirement coming off Riverside Drive for a deceleration lane. Mr. Fry said there was not. He said that the traffic engineer and Tyler Hoskins discussed the need for a deceleration lane but both felt it wasn?t necessary at this time. Rick Snyder from the City?s engineering department stated that the deceleration lane will be on the adjacent property. He clarified that the main access into the project does have a deceleration lane and the south road will also have a deceleration lane. Ms. Hasfurther explained that in a memo from Rick Snyder regarding the Foremaster Green Traffic Impact Study, Item 3 of the required improvements states that they will dedicate enough right-of-way to accommodate right turn deceleration lanes at both project accesses. Council Member Bunker asked if the applicant had a 3D picture that would show what the buildings would look like from the angle of Riverside Drive toward Foremaster Drive. Mr. Fry showed a computer animation of someone driving south on Riverside Drive and entering the project on the left at the northern access. Council Member Orton asked how wide the streets were in the project. Mr. Fry stated that they are 25 feet with 5 foot sidewalks. Mayor McArthur asked about the colors of the buildings. Mr. Fry stated that the colors on the screen are more yellow than they actually will be on the buildings. Council Member Whatcott stated that the type of presentation that is being shown is the type that the Council wants to see in order to get a good idea of how projects will look from the surrounding area. Council Member Bunker asked if there are recreational areas in the project. Mr. Fry stated that the center area is the major recreational area that meets the ordinance. He said that there is also another area that they may put more grass on or desert scape based on the type of soil. Council Member Bunker asked if the south road will access Johnson Farm. Mr. Fry stated that it would. Mayor McArthur opened the public hearing. There being no public comment, he closed the public hearing. MOTION: A motion was made by Council Member Gardner to approve the preliminary plat and the conditional use permit for height variance. SECOND: The motion was seconded by Council Member Orton. Council Member Whatcott asked to see a low fly over on the north end on Riverside Drive to see what the elevation would be. Mr. Fry stated that it would take a few minutes to load up the actual model in order to show the view. PROCLAMATION: Mayor McArthur said that he wanted to read a Proclamation designating August 26, 2006 as Americans with Disabilities Day. He stated that he should have done this at the start of the meeting and apologized to those in the audience that he had overlooked it. Mayor McArthur presented the proclamation to a representative in the audience who thanked the Mayor. CONTINUATION OF PUBLIC HEARING/PRELIMINARY PLAT: Mr. Fry said that the computer generation on the screen shows the building on the east side of the cul-de-sac. Council Member Whatcott said that the view gives the impression that the street is at ground level rather than 6 feet higher. Mr. Fry stated that it was difficult to portray the view as accurately as it would be in real life since there is 25 feet of slope. Council Member Whatcott asked if the hillside on the north side of the end building would be cut down. Mr. Fry said that it would have to be cut down. Council Member Whatcott asked if the road would go through to the intersection. St. George City Council Minutes July 20, 2006 Page Nine Mr. Fry stated that the road would be stubbed to connect with the Riverside Drive and Foremaster Drive intersection. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. PUBLIC HEARING/ZONE CHANGE/ORDINANCE: Public hearing to consider approval of a zone change from R-1-10 to PD Administrative & Professional Office on 3.62 acres located on the southwest corner of 1400 West and Snow Canyon Parkway. Snow Canyon Holdings, LLC, applicant. Bob Nicholson, Director of Community Development explained that the property is presently zoned R-1-10 and that the request is for a PD with administrative and professional office uses. He said that on the City General Plan the area has been designated for some time as a neighborhood commercial center. Mr. Nicholson said that approximately one year ago the applicant requested commercial uses for retail and fast food and at that time the Council turned the request down because of the type of uses. Mr. Nicholson stated that now the applicant is requesting professional office use only. He said the site plan shows three single story buildings with varied rooflines, tile roof, with stucco and stone materials. The three buildings combined would be approximately 35,000 sq. ft. He stated that under the PD zone the ordinance requires the front 25 ft. along a public street to be landscaped. Mr. Nicholson explained that applicant?s site plan shows an average width of 25 ft. of landscaping, with some areas less than 25 ft. but other areas greater than 25 ft. as allowed by the code. He said that the traffic engineer has recommended a right-in only be allowed off Snow Canyon Parkway and a turning lane on Snow Canyon Parkway onto 1400 West. He said that on 1400 West there are two driveways with in and out possibilities. He stated that the proposal calls for monument type signs which would be located at 1400 West and Snow Canyon Parkway. The project proposes hooded lights to provide minimal lighting to protect the night sky and the applicants have recently submitted a photometric plan for review. Mr. Nicholson said that the Planning Commission recommended approval subject to the traffic engineer?s recommendation. Mr. Greg Griffin stated that he was representing the applicant. He stated that they have tried to create a project more appropriate to the neighborhood based on information from their last request. He stated that the project is 20% to 21% over code on parking to allow for medical uses. He said that they moved the buildings back off the corner to allow for better visibility. They have lowered the roof line down several feet below code and tried to accomplish architectural detail that is uniform around all of the buildings. He stated that the site has between 3 or 4 steps down to give it a little more natural look with the lay of the land and the combination of materials is similar to the surrounding houses. Council Member Bunker asked to clarify if the reason the buildings were moved away from the street was for safety. Mr. Griffin explained that the buildings were moved off the corner. He stated that one of the comments that came up last time from their engineer was that because there?s not quite a 90 degree angle and if there was a little more visibility around the corner this might help safety at the intersection. He said that by having the buildings clustered closer toward the center of the property it gives more open space to the project and allows better visibility when turning right onto 1400 West from Snow Canyon Parkway westbound. Mayor McArthur opened the public hearing. Mr. Tom Lukow stated that he is a resident of Paradise Canyon. He stated that he had petitions with 515 signatures in opposition to changing the zoning from single-family residential to this particular project. Mr. Lukow presented the petitions and signatures to the Deputy City Recorder. He stated that single-family residences fit the area. He said that Red Cliffs Parkway meets and blends into Snow Canyon Parkway, passes down to Halfway Wash which is very close to where the proposed project will be located. He said that the area is delightful and makes the residents feel comfortable and that they do not like the concept of changing it to anything but single family homes. He stated that living next to the park is unique and that it was represented that the park will be expanded and extended sometime in the future. He stated that the proposed parking lot would be right across from play areas in the park. He stated that he thinks this is the wrong place to put this project and that it will be dangerous to his grandchildren and to other children visiting the area. Mr. Lukow said that the increased traffic flow by this project will inhibit the 40 MPH traffic that flows down through that area. He said that the residents believe this will create a bottle-neck and a problem for those who are living there. He said that neighborhood sentiment is strongly against the project. Mr. Lukow pointed out on the map the various areas that are already commercial and he explained that many of the commercial venues are within walking distance of the neighborhood. He said that residents at the Planning Commission meeting on June 13, 2006 were told the project being proposed patterns similar things in Las Vegas, Nevada. He said that he lives where he lives because he likes the residential atmosphere and doesn?t want another Las Vegas next to him. Mr. Lukow said that there appears to be ample commercial property to rent and purchase and lease on Dixie Downs Road, Sunset Boulevard and Bluff Street. He said that he wanted to pay Council Member Whatcott a compliment by reading from the minutes of October 21, 2004 which stated that Council St. George City Council Minutes July 20, 2006 Page Ten Member Whatcott said that he would like to see some projects with R-1-8 and R-1-10. He said that the developer says that they can?t put that type of development there but the property over the fence is already R-1-7, R-1-8 and R-1-6. Mr. Lukow concluded by saying that he appreciated their attention and that twenty-one months had gone by since Council Member Whatcott asked to see plans for the property. Ms. Barbara Foust stated that she lives at 1420 West, 1370 North. She presented Mayor McArthur with a copy of letter which she then read out loud. She said the letter was written in protest of the requested re-zoning of the property at 1400 West and Snow Canyon Parkway from single family residential to PD-AP. Mr. Curt Gordon stated that he lives on that side of town and he welcomes a nice looking project like the one proposed so that he and his family can get to services they need without having to travel through the congestion at Sunset and Bluff. He said that he would encourage the Council to support the project. Mr. Glen Penrose stated that he is a resident of Paradise Canyon. He said that he doesn?t believe that they need another commercial property. He said that it was originally zoned residential and that it should stay that way. Mr. Penrose said that it?s a beautiful building but not in the right spot. Mayor McArthur explained that in the overall General Plan the corner was intended to be commercial. He said that the General Plan was adopted sometime ago and that they try to update the plan every year or two. Mayor McArthur said that when property comes into the City now it comes in zoned as Mining and Grazing which is a holding zone until a plan is adopted in the General Plan. He said that when this particular area came into the City it came in as R-1-10 which was the holding zone at that time. He said that he understood why people would get a false impression of how the property was going to be used in the future unless they looked at the General Plan to see what had been approved and adopted. Mayor McArthur explained that when this property was annexed into the City it was zoned as R-1-10 but the General Plan shows that it is to be a commercially zoned corner. He said that the City is going through this process in many areas throughout the City in order to have the zoning changed to what the City intended it to be. He said that they are trying to correct deficiencies throughout the community that had been overlooked in the past. He said that the Little Valley area was an example of that process. He said that people need to look at the General Plan to see the intended zone for an area. Mayor McArthur closed the public hearing. Council Member Gardner stated that what would happen along that drive has been a hotly debated issue. He said that it was turned down last time because it was a commercial nature. He said that he thought that the new proposal showed good faith on the part of the applicant to be responsive to the neighbors? requests regarding the height and types of use. He said the corner is not ideal as a R-1-10 area. He said that there are only so many uses to apply to the property. He said that the property owners have the right to develop their property. Council Member Gardner said that he looks at the proposed use as better than what had been proposed in the past. He said that PD-AP doesn?t have near the traffic problems as a commercial area. He stated that he thinks it compliments that neighborhood and is very much in favor of it. Council Member Whatcott stated that the original plan brought to the City proposed commercial use with two-story buildings, a gas station, and a bank. He explained that those were not the types of uses the City wanted for that corner. He said that the property was sold to the current applicant who came in with a plan that was all retail which still wasn?t what the City wanted because of the high vehicle turnover which would add to the congestion problem mentioned by some of the residents. Council Member Whatcott said that he agreed with Council Member Gardner that AP Professional is a good neighbor. He said that they are quiet at night and they are not there on the week-ends. He said the traffic turnover is quite small. He said that he hasn?t seen anyone come in with a proposal for residential use. He stated that this is probably because the property was bought at a commercial price and would have to have a commercial venture there for economic reasons. Council Member Bunker said that she agrees that the project is beautiful but said that the R-1-10 is a good use of the property because it?s across the street from a City park. She said that she would like to see it retained as R-1-10 even though the General Plan has it otherwise. She said that there is plenty of commercial in that area already. She stated that the City has approved a lot of businesses on Sunset Boulevard, the top of Bluff and on Snow Canyon Parkway. She said that she thinks it is a mistake to have more of a commercial aspect on any more property on Snow Canyon. Council Member Orton said that it?s going to be difficult to satisfy everyone. He said that the Council has reacted to the citizens very well in that they started with something that could have been very detrimental to the neighborhood and have come a long way. He said that the proposed project will make the corner very professional. He said that he thinks the project will satisfy the owners of the property and that they will be a good neighbor. City Attorney Shawn Guzman stated that the General Plan shows the property as commercial. St. George City Council Minutes July 20, 2006 Page Eleven Council Member Bunker asked if that meant the City would have to keep it that way. City Attorney Guzman said that a legal analysis was done and that it would be problematic for the City to change it because of the confines of the General Plan showing just that particular piece of property as commercial rather than a general area. He said that the Mayor did a good job of explaining the holding zones that have been brought into the City. He said that if you look at some of the steeper hillsides they are zoned R-1-10 even though a house couldn?t be built on them but that was the zone when it came into the City. Council Member Bunker stated that it is misleading to a homeowner who buys property and sees adjacent property as R-1-10. City Attorney Guzman said that the homeowner would be best advised to look at the General Plan because that shows what use the City contemplates for the area. Mayor McArthur said that?s why the holding zone was changed to Mining and Grazing which is an open space zone. MOTION: A motion was made by Council Member Gardner to approve the zone change from R-1-10 to PD-AP. SECOND: The motion was seconded by Council Member Orton. VOTE: Mayor McArthur called for a vote, as follows: Council Member Gardner ? aye Council Member Bunker ? nay Council Member Orton ? aye Council Member Whatcott ? aye The motion carried. PUBLIC HEARING/PROPOSED CAPITAL FACILITY PLANS AND IMPACT FEES: Public hearing to receive public input on the proposed capital facility plans and impact fees on a City-wide basis. City Manager Gary Esplin stated that this had been a culmination of many months worth of study and effort and discussion. He said that he was going to have consultants Jason Burningham and Justin Carlton make a presentation that would give the general parameters of the study and also their recommendations. Mr. Jason Burningham stated that he wanted to go through the methodology, the basis for which they look at impact fees and what they are recommending the City consider as a new impact fee structure. He stated that impact fees are typically intended to be used to defray portions of capital infrastructure, not operation or maintenance costs. He said that the capital infrastructure is more specifically related to development. He explained that it?s the demand of development that creates new capital infrastructure that has to be created. He said that the purpose of an impact fee is a financing mechanism that allows the City to collect money and then put in capital facilities in order to serve the new development as well as to equitably distribute costs across different users within the system. He stated that impact fees could be used for culinary water, wastewater, storm water, roads and transportation, parks, electric, and public safety. Mr. Burningham stated that they are in the process of updating a Master Plan with respect to parks, open space, trails and recreation which has not been completed yet so the recommendations made in the presentation for impact fees do not include parks or recreation. He said that all impact fees are governed by a specific statute under Utah code that was put in place in 1997. He explained that the purpose of the code was to make sure that there was uniformity across communities that intended on imposing impact fees. He said that the methodology that they have used and the process that they are going through is prescribed under that particular law. Mr. Burningham said that they generally recommend that impact fees be considered at the full 100% of the maximum allowable impact fee recommended in the study. He stated that communities have the flexibility to set the impact fees at less than 100% of the recommended impact fee. He said that in the past St. George has adopted impact fees that were less than what was justified in prior studies. He explained that the concern with anything that is adopted at less than 100% of the recommended impact fee shifts a portion of the burden to current residents who have already contributed to the system. He said that the Impact Fee Ordinance allows the City to have some flexibility to deal with specific land uses that may be atypical, that don?t specifically equate to anything else that is in the community, or something that may have more demand or less demand then some of the facilities. He said that the City can look at those situations independently in order to deal with them appropriately so it would be fair and equitable to all participants. Mr. Burningham said that for the culinary water impact fee they looked at a five year capital improvement plan that identified almost $50 million of infrastructure in order to meet the needs of the community. He stated that just under $10 million of that amount is related to new growth. He said that the recommendation for the impact fee is based on an equivalent residential user and prescribed by the size of the meter that would be provided by each development. He stated that the culinary water impact fee for the City will be going down fairly significantly because of the consolidation with the Washington County Water Conservancy District. St. George City Council Minutes July 20, 2006 Page Twelve Council Member Gardner stated that the current recommendation had been dropped by $2,000 from an earlier recommendation because of that pooling agreement. Mr. Burningham explained that there are two components for the wastewater fee. One is a local component and the other is a regional component. He said that the total capital facilities plan for the local side is just under $30 million with $19 million related to growth. He stated that on the regional side the total capital facilities plan is $83 million with $43 million related to growth. He said that based on a fifteen year plan their recommendation for a ?? water service for a single-family dwelling unit would be just under $900 for the local impact fee and just under $1,000 for the regional fee. Mr. Burningham stated that the storm drain capital facilities plan identified $81 million as future capital costs with $42 million growth related. Based on the fourteen year capital facility plan the impact fee for low density residential would be just under $500 and $83 per 1,000 sq. ft. for commercial. City Manager Gary Esplin stated that the City would continue with the current practice of allowing a 50% reduction for developments that detain one-half of the storm water produced by a 10-year storm. Mr. Burningham stated that was correct and would be part of the ordinance. He stated that most communities adopt a similar type of structure. Mr. Burningham explained that the transportation plan is a fifteen year plan. He said that the capital facility plan is just under $300 million with half of that amount related to growth. Based on the capital facility plan a single family resident would pay just under $800 for the impact fee. He said that the last time the information on non-residential transportation impact fees was discussed with the council it was an area of concern. He said that they had gone back and looked at other comparables and other cities and the true impact. He said that they looked at different types of recent development in the City and that the variance between the actual fee imposed under the City?s old structure and the maximum allowable under the proposed structure is significant. He said that the transportation impact fee is the area of largest discrepancy. He said that the impact fees adopted previously were only adopted at 5% - 10% of the true cost of transportation for commercial activity. The amount recommended would be the full amount at 100%. He gave several examples of the difference between what the previous fees were and what the proposed fees would be. Council Member Gardner asked if a church that had paid $4,200 previously would in the future be expected to pay $36,000. Mr. Burningham stated that the $36,000 was based on the high end of the range determined by comparing approximately 15 cities of similar size to St. George within Utah or the western region. Mayor McArthur said that they needed to look at the figure under the proposed fees which was $14,000. City Manager Gary Esplin asked Mr. Burningham to explain other aspects of the transportation fee on an adjustment factor that is used to get to the calculation. Mr. Burningham then explained the adjustment factors that have been taken into account. Council Member Whatcott asked Mr. Burningham to explain how the factors would impact the fees for a fast food restaurant with a drive through and a convenience store. He said that the trips per unit are higher for the convenience store but the fee is less. Mr. Burningham explained that the full details are shown in the study and that a convenience store or fast food is not the ultimate location so it is not considered a full ?trip in.? He said that each category is adjusted based on those factors. He said that all of the adjustment factors are based on trip generation data prepared by the Institute of Transportation Engineers. Council Member Gardner stated that there was a difference in the cost per square foot for supermarkets since the last presentation. He asked Mr. Burningham why the supermarket category had changed but some of the others stayed the same. Mr. Burningham said that for the supermarkets they looked at the St. George community and other communities and determined the way the trip generation manuals were applying adjustment factors was probably not accurate for the community for various reasons. Justin Carlton said that the ITE manuals have a sample size for each land use. He stated that they worked with the Public Works Department and looked at each land use when the sample sizes were particularly small. He said that if some of the sample sizes were too small they took it back to the lower range rather than the average range to be more realistic to what the City was actually experiencing. Mr. Burningham stated that the transportation impact fees are probably the most difficult to determine perfect equity. He explained that the information they have to go on are St. George City Council Minutes July 20, 2006 Page Thirteen samples, traffic studies and generalization of patterns of traffic. He said that not all communities fit within a particular sample. He said that if an applicant comes in with their own traffic study and challenges the City?s data there is language in the ordinance that binds the City Council to take into account the additional information and to adjust the fee accordingly. Council Member Gardner stated that ultimately the end user is going to be paying the impact fees through higher prices. He said if the impact fees are too high it prices out anyone who wants to come in with a commercial venture and drives them to the neighboring communities. Mr. Burningham said that?s why they provided a comparable range which shows the recommended fees and that they aren?t disproportionate to other communities. He stated that the impact fees in the surrounding areas would probably be close to what the City?s would be. Mr. Burningham explained that the fourteen year power capital facilities plan identified $180 million in infrastructure with $54 million related to growth He said that the impact fee for a single family residence with 200 amp service would be $3,445. He said that the Fire/EMS and Police capital improvement plans are the longest going out to 2030. He stated that the Fire/EMS plan identified $23.8 million in future capital and $14 million related to growth. The impact fee for a single family dwelling would be $215 and $184 per 1,000 sq. ft for commercial. He said that the police plan identified $8.8 million in future capital costs with $5.1 million related to growth. The impact fee for a single family dwelling would be just over $100 and the fee for commercial use would be $94 per 1,000 sq. ft. City Manager Gary Esplin said that if you look at the difference between what the impact fees will generate and what the total cost will be to complete the projects discussed there is a significant amount that will need to be paid for through other revenue sources. He said that some of the monies may come from grants or regional programs but a lot of it will have to come from bringing deficiencies up. He said that impact fees can only be used for growth and not to fund existing problems. He stated that the City will have to be creative to come up with other dollars because the projects will not get done just with the impact fees. Council Member Orton asked City Manager Esplin if he felt the recommendations for the impact fees were conservative. City Manager Gary Esplin stated that he thought that they had done a good job in identifying the existing conditions. He said that the growth rates are defendable and that the recommendations are conservative. He stated that the impact felt on the City is because the City is a regional center. Some of the growth related issues that the City is dealing with is because of the surrounding communities. Council Member Gardner asked if they had considered sales tax generated versus not having the sales tax. He said that there is an offsetting benefit to the City with the sales tax and asked if that was accounted for anywhere. Mr. Burningham said that he did not know if sales tax was part of any of the formulas. He said that for the City the sales tax revenue has been used more for maintenance and operational issues. City Manager Gary Esplin stated that a quarter cent of the sales tax goes strictly to transportation and is earmarked for capital projects. He said that the sales tax in the General Fund has not been allocated to capital projects in transportation. The sales tax that the City is generating has to go to fund services, additional police force and additional services. He said that the City is tied too much to sales tax when it comes to the balance of revenues to keep operations going. He stated that in the past the City kept the commercial fees low in order to encourage businesses to locate in St. George to generate the sales tax. He said that it kept the rate artificially low so now there is a bigger jump than there would be if the City had set the fees higher in the past. Mr. Burningham stated that the current transportation impact fee for commercial land use was adopted at 5% of what was actually recommended in 1997. He stated that the significant change in the transportation fee is the largest increase on commercial property. Mr. Burningham explained that the final slide in the presentation showed the other cities that were used as comparisons. He said that some of the communities that were used don?t have power impact fees. He stated that some of the cities are part of a water district and don?t provide their own water or sewer. He said in terms of a single family dwelling unit the recommended impact fee would be just under $9,500. He said that the median range is between $8,700 to $8,800. Council Member Orton asked how many of the cities listed on the comparison chart were addressing their impact fees. Mr. Burningham said that almost all of them other than Layton and perhaps Logan are or have recently addressed impact fees. Council Member Orton asked Mr. Burningham if he knew what the City of Herriman was doing with its impact fees. St. George City Council Minutes July 20, 2006 Page Fourteen Mr. Burningham said that they didn?t include Herriman because it is a smaller community. He said that their impact fee is closer to $15,000. He said that their park impact fee is $3,400 for a single family dwelling. Council Member Bunker asked if Logan was low because of the factors that Mr. Burningham mentioned. Mr. Burningham stated that their sewer is on a regional basis and they don?t charge a transportation or public safety impact fee. Council Member Orton asked if they did a comparable list for businesses. Mr. Burningham said they did. He said that for a 8,500 sq. ft. commercial property the fee in St. George would be $31,607 compared to $68,254 in South Jordan; $53,809 in Draper; $14,905 in Logan; $52,656 in Riverton; and $39,701 in Layton. Council Member Gardner asked if any of the other communities listed are paying additional impact fees as the City is also with the Conservancy District. He said that the true impact includes the additional fee. Mr. Burningham said that Riverton, Draper and South Jordan have about a $4,800 impact fee from the Jordan Valley Water Conservancy District that is not included in the figures listed on the Comparable Impact Fee slide. Council Member Orton said that no other city in the state had been impacted by growth the way St. George has. He said that the City Council needs to be very sensitive to that. Mayor McArthur opened the public hearing. Mr. Ed Baca stated that he is a concerned citizen. He said that the Energy Services Capital Plan is comprehensive and well done. Mr. Baca stated that he wanted to represent the interests of homeowners and residents who have paid for current and past development. He said that the issue before the council is who should pay for the growth. He asked the council to exercise their talents and wisdom in making a decision that would be the right course of action for the City in seeking all of these funds. He asked that they consider present users and residents in the issues of raising property taxes or user fees. Council Member Gardner stated that he thinks the City needs the impact fees but he is concerned about the law of unintended consequences. He said that the City needs to be concerned about workforce housing, our children, our grandchildren, those who are in the housing market, who are anxious to have their own opportunities. He stated that St. George has been built on the heritage of pay it forward. He said the City has always built for the future and that he doesn?t think it should get to the point where the City does not feel some obligation to those who come after us. He said that he thinks the City Council has to be careful in saying that it doesn?t have any obligation to look at others who would want to live here. He said that $10,000 may be the difference in someone being able to get financing or not. Mr. Mike Gardner stated that he is the current President of the Southern Utah Homebuilders Association. He said that SUHBA has had several constructive discussions with the City Manager and department heads regarding various financing vehicles for providing public improvements. He said that they applaud the City for exercising caution concerning any attempt to finance facilities that are not currently provided through the general fund, inter-government transfers or grants. Mr. Gardner said that it is the responsibility of the Council to consider circumstances that would justify the City charging less than the consultant?s recommended highest fee justified by the study. He said that the proposed impact fee analysis before the Council states that an inflation component is included in all capital project costs to be constructed in fiscal year 2007 and beyond. He said that SUHBA?s concern is that residents purchasing permits today will pay the same cost as those purchasing permits in ten years. He said that the dollar today represents more to current residents versus the same dollar value in ten years that will be less due to inflation factors. He said that the recent impact fee analysis prepared for the Washington County Water Conservancy District states that the fee is structured to account for the time value of money as stated in the Impact Fees Act. The impact fees are to be increased annually by 5% to account for the time value of money to ensure that the burden is equitable spread from a real cost perspective. Mr. Gardner said that there have been changes in the use of infrastructure over time that has reduced the impact of public improvements per capita. He said that water and power conservation are two excellent examples of reducing the use per capita. He said that those factors would not be reflected in historical figures to estimate future use. He said that the Southern Utah Homebuilders Association recently presented an extensive local economic impact model to the community. He stated that residential growth contributes a significant economic benefit to the community. He said that the Southern Utah Homebuilders Association proposes that the current capital facilities plan and impact fees studies be adopted at a maximum 90% of the highest fee justified by the impact fee analysis presented. He said that SUHBA also requested that the impact fee increase determined by the Council be implemented in 25% increments over a year to soften impact fee increases particularly when taking into consideration the recently passed Washington County Water Conservancy District impact fee of $4,000. St. George City Council Minutes July 20, 2006 Page Fifteen Council Member Gardner asked Mr. Burningham to respond to Mr. Mike Gardner?s reference to the 5% escalator versus another approach. Mr. Burningham stated that they are aware that Washington County Water Conservancy District recently adopted an impact fee that started out quite a bit lower than what was justified and that will be increased 5% annually until it gets to an amount of $25,000 for one single family dwelling unit. He said that there are a couple of differences with respect to the Capital Facility Plan. He said that the Washington County Water Conservancy District is looking at a nearly $1 billion capital facility plan over thirty years. He said the major project is the Lake Powell pipeline which will come to fruition in the next seven or eight years. He stated that it was a policy decision by the Conservancy District to adopt a fee now that is only $4,400 even though what was justified under the same methodology typically used would be $10,000. He said that by increasing the fee by 5% annually it will reach $25,000 in approximately twenty-five years. Mr. Burningham stated that the Capital Facility Plan is not a document that is complete and put on the shelf. He said that the recommendation to the Council is that the plan needs to be addressed and updated for costs on a yearly basis. He said that each year the City should identify what impact fees have been collected, account for where they have been used and make certain they are being used toward the Capital Facility Plan. Mr. Scott Hirshi stated that he is with County Economic Development. He stated that he is concerned about the commercial/industrial aspect of the proposed fees. He said that the formula used for impervious surfaces proposes that the coverage would be 90%. He stated that in his experience that is a high percentage. He explained that the paving and surface for the footprint of a building is generally less than that. He said that he is not suggesting that the figure be lowered but that it be looked at site specific. He stated that industrial projects are usually very large acreage-wise. He said that he would like each project to be looked at individually in order to determine what the impervious coverage of the acreage is and charge accordingly based on the impact figure that is recommended. He said the impact fee should be determined on the actual coverage not on a predetermined percentage of coverage. He said that a concern he has on the power impact fee is there is a cost allocated to growth for the Millcreek gas generation plant. He said that in the past generation has always been paid for in rates. He said that it appears from the study that part of the cost of that plant is now going to be covered by impact fees. He stated that he doesn?t agree with that. He said that rates should pay for generation. Mr. Hirshi stated that he did an estimate on what he believed was a fairly typical industrial facility to see what the cost difference would be. He said that it shows an increase of about 100%. He explained that it was a hypothetical project with a 100,000 sq. ft. building on ten acres of property. He said that he estimated current fees to be around $70,000 and the proposed the fees would be $144,000 if the impact fees recommended at 100% were adopted. He stated that the implementation should be done in phases and he recommended that in the case of industrial it be 10% per quarter, which would take about two and one-half years for the increase to be absorbed through the permitting process. City Manager Gary Esplin explained that the Millcreek Plant is not intended to be used for day to day generation but only for peaking based on demands. Director of Energy Services Phil Solomon said that the impact fee recommendation shows that only 41% of the Millcreek Plant is being allocated to growth. He said that the remainder is covered by rates. He said that they are looking at a $60 million investment in a generation facility in the Bonanza area and none of that is being allocated to impact fees because of retiring contracts that the City currently has and the fact that the plant will be a base load plant that will run 24/7. He said that through a series of analysis and computations figured that approximately 41% of the plans are attributed to growth strictly due to peaking. Mr. Gilbert Jennings said that he represents the Ft. Pierce Industrial Park and commercial development. He said that he would like to reiterate what Mr. Hirshi said about the industrial setting. He said that the economic base in the City is out of balance. He said that the City should have an industrial/manufacturing base that is 15% of the economy and currently it is about 7%. He stated that he has been working with a company for about two years to get them to come to St. George and a conversation he had with them that day centered around the proposed impact fees. He said that the company has 120 days to conduct a feasibility study to decide whether they want to continue with the project. Mr. Jennings said that they are looking at a significant difference in impact fees when considering a 40 acre site. He said that trying to compute the proposed fee schedule is confusing. He asked that the fee schedule and explanation of how the fees are computed be looked at. He said that in the Fire Protection and Police areas it is very confusing on how to actually compute the exact calculation. Mr. Jennings stated that he took two different building permits he had paid for in the last short period of time and applied the new proposed fees. He said that he recently paid an impact fee of $30,986.50 on an industrial building permit for a 12,000 sq. ft. building. He said that the proposed fee would be $52,910. He said that the Main Street Building project that was completed in the last year had impact fees of $154,839. Mr. Jennings said that under the new fee proposal it would be $535,266. He said that if the project was starting today it would not exist. He stated that construction costs have gone up so high in the last two years that he is having a hard time getting the market place to pay the rents to get the project to happen. He stated that the ordinance and impact fee statute has a concept of proportionality. He stated that he thinks there is a problem and that he is sensitive to the cost of housing because of regulation. He asked if increasing the St. George City Council Minutes July 20, 2006 Page Sixteen commercial impact fee by 350% and the residential fee by 15% or 20% is fair. He said that if the Council increases the impact fees he would lose probably 15 prospective tenants. He said that he would probably have to drop three or four buildings that are designed and waiting for building permits. He stated that he wanted the growth and is not opposed to paying but asked the Council to help get through the interim period so they can pass the cost on to the consumer. Mr. Jennings said that he is troubled by the capital facilities plan for transportation. He said that it should be a detailed plan with a detailed budget with real justification for what the budget and dollar expenditures are considering the actual cost of the items and real timing. He said that the capital facilities plan budget looks like a wish list. He said that it goes way out in years and there are projects that have very little definition. He said that when he asked the staff how they arrived at the cost he was told it was pulled out of the air. He said that the budget is not definitive or precise enough. Council Member Orton asked Mr. Jennings if he would give the Council the name of the staff member. Mr. Jennings stated that he would not. He said that when he reads the budget he sees projects where everything is rounded to millions of dollars. He stated that the numbers are not based on reality and he questioned the validity of some of them. He stated that he?s not saying that something shouldn?t be done but he asked for more definitive numbers and he couldn?t get them. He said that he would like to see a process that is more public and more open and for those who are going to have to pay the cost. Mr. Jennings said that impact fees are not the only way to finance projects. He stated that it is easy compared to going through a special improvement district and having to justify a specific project. He said that he thought some of the projects could be financed in a different way and that it would have a drastic effect on the impact fees and this ordinance. Mayor McArthur closed the public hearing. Council Member Gardner explained that before when the City Council went with 75% of the recommended 100% impact fees, they looked at the power in particular and saw that the growth was 6% versus the increased demand which was much greater at 30% or 40%. He said that they concluded from that analysis that the existing residents were creating a lot of the new demand. He asked Mr. Burningham if there had been any consideration as to how much those types of fees are attributed to new growth versus existing. Mr. Burningham stated that the electric facilities plan was developed based on the different types of capital projects necessitated throughout a certain horizon. He said there were several millions of dollars of cost that needed to be defrayed through the capital facilities plan. He said that what was estimated was determined by looking at the current demand on the system versus a future projected demand on the system and looking at how many growth units would fill up that additional demand. He stated that he didn?t think that any delineation was made about if any of the additional demand was created by existing users. He said that there was some rationale before that was looked at and that was why there was a discount factor that was applied. He said that in the present circumstance they took the actual demand based on current number of residents and commercial entities in the community and then used that same level of service to forecast out for a period of 15 years. He said that they didn?t increase the demand per unit. He stated that if current residents are requiring a higher level of service, this is not reflected in the capital facilities plan. He said the capital facilities plan only takes into account how many additional facilities will be needed to maintain the same level of service per unit going forward. Council Member Orton stated that he indicated before that no city in the state of Utah has been impacted with growth the way St. George has. He said that now that the City recognizes the impact the growth will have, the City Council would not be doing its duty if it did not put the impact fee in place for the future growth. He stated that the Council has always worked well with Economic Development if there was a non-competing company that wants to come into the community that is going to generate jobs. He said that the Council can make some concessions in those types of situations. Council Member Bunker asked if the incremental scale suggested could be considered. Council Member Orton said that this would be delaying the inevitable. He said that if 10% per quarter were adopted, the current citizens will be paying the remaining 90% for the next quarter. Council Member Whatcott asked Mr. Burningham to clarify the difference between the Washington County Water Conservancy District factoring and what is being proposed for the City. Mr. Burningham stated that it was a methodology consideration and a policy decision. He said that what was originally presented to the Conservancy District was the same type of methodology used for the City. He explained that they take a capital facilities plan and look at different projects that have to be constructed to meet projected growth and demand over a period of years. He said that some of the projects may not be completed until the end of the time frame. He stated that in order to effectively finance the improvements without getting behind in the ability to pay for them, impact fees have to St. George City Council Minutes July 20, 2006 Page Seventeen be collected in order to defray the costs. He said that the Washington County Water Conservancy District looked at the original impact fee recommendation of $10,000 and decided to approach it differently. They wanted to look at some other methodology that would over the long term get the same cash flow to cover the project but put a little burden up in front and a larger burden on the back. Mr. Burningham stated that the reason they felt that methodology was appropriate for the Washington County Water Conservancy District was due to the fact that they had some capital facilities that were drawn out over 30 to 40 years. He said that given that time frame it seemed justified for them to increase the impact fee 5% each year in order to address the cash flow. He said that for the most part the City?s capital facilities plans are over a period of five, seven, or ten years. He said that the discounting factor would not make that big of a difference with those periods of time. Council Member Gardner stated that the City wants the cash to accomplish what needs to be done but does not want to discourage business and actually lose revenue. He said that it is a fine line and a tough debate. Council Member Orton said that the proposed impact fees puts the City in line with the rest of the state. City Manager Gary Esplin said that City staff has done an incredible job to keep up with the growth. He said that they have done a build-out study to determine where the roads need to be and what the infrastructure size needs to be. He stated that the projects are based on meeting the demands for services and to keep the quality of life at the current level. He said that there have been several meetings to discuss the issue and the study has been available for months for input. He said that even with the impact fees the City is hundreds of millions dollars off if it is going to try to keep the level of service at its current level. He said staff has put a lot of time and thought into the process and has not been arbitrary or capricious in arriving at the information submitted. He said that the plan meets state law and conforms to all the rules and formulas. It was done with the intention of looking out for the public to try and make it as feasible and as fair as possible for everyone. Council Member Whatcott stated that the letter read by Mr. Mike Gardner raised a valid concern that there was not an escalation clause in the proposal so that the people paying today would be paying the same as the people paying five or ten years from now. Council Member Whatcott asked for clarification as to whether the Council could still make adjustments to the impact fees. Mr. Burningham stated that the Council could make adjustments. He said that they recommend that the capital facility plans be reviewed and updated as needed with current costs and current growth projections. He said that every budget year it would come back to the Council and if there were major changes in the capital infrastructure or the costs of growth it would be adjusted and translated into the impact fees. Mr. Jennings said that they are supportive but the difficulty is going through the impact of changing the fees by 350%. He said that if the impact fees had been changed a little every year it would be easier to live with because they can plan for it. He said that the Council could soften the blow by taking a different approach especially with the projects that are already in progress. He asked for the implementation on a quarterly basis to phase it in. Mr. Steve Kemp stated that he is the principle broker for Kemp Griffin Commercial Real Estate. He said that they have several dozen leases that are currently in negotiation. He said that he would encourage the Council to take some kind of steps to deal with the issue. Mr. Heath Snow said that he is a concerned citizen. He asked for clarification on how the City would implement the ordinance in particular to commercial development and industrial development. He asked if a commercial developer were to bring in their own independent traffic study that indicated less trips per day than quantified in the current study if the City give the developer a discount on the impact fee. City Manager Gary Esplin stated that the ordinance mandates the City to consider the independent traffic study to determine the impact fee. Mr. Burningham said that the proposed ordinance has a provision for adjustments. He explained that there is also a non-standard formula in the ordinance that addresses Mr. Hirschi?s concern about the impervious surface area impact fee. He said that the proposed ordinance mandates the City to look at each case where data is provided that suggests a different impact fee. Council Member Whatcott said that it is good to know that the Council has to look at the projects on an individual basis and consider information provided by the developer. Mr. Burningham said that there is also a provision in the ordinance that refers to the ability for public purpose to make a waiver or adjustments to the impact fees. He explained that public purpose is defined as affordable housing. He said that they could also do it for economic development purposes provided they can show that there is more benefit coming in than what is being deferred in terms of impact fees. He said that the St. George City Council Minutes July 20, 2006 Page Eighteen intent of the ordinance is to provide flexibility and analyze the true equity and what the proportionate share should be. Mayor McArthur stated that it is important to look ahead and plan for improvements. Mr. Gilbert Nicola said that 75% of the true cost that was arrived at four years ago is now less than 50%. He said perhaps the jump in the impact fees is so large because the City hasn?t charged enough in the past. He said that there will always be projects in progress that will be in jeopardy every time this sort of issue is faced. He said the market place dictates what needs to be done and businessmen have to adjust. MOTION: A motion was made by Council Member Orton to adopt the impact fee structure as presented, to make adjustments as needed and to review it annually. SECOND: The motion was seconded by Council Member Whatcott. Council Member Bunker said that she feels positive that the City needs to have the impact fees at 100%. She said that it is difficult for the commercial projects to do it immediately. She said that she would like to see an incremental impact which would be easier. She said that 50% within a year would be decent compromise. Council Member Gardner said that 50% now and 50% after six months would still get the City where it needs to be and would give the developers a little bit of a delay. He said that he preferred SUBHA?s recommendation of 25% quarterly. City Manager Gary Esplin said that if action is taken tonight it needs to be determined how it will be implemented with those who are in the process. He said that in the past if a building permit had been requested, or if they had been to JUC, or if a commercial project had started in the process, the City has tried to help in those situations. He said that the Council needs to look at a cut off for projects that are in the process. He said that with the commercial jump could be phased in 50% now and 50% in six months. He said that he thinks the residential could be 100% now. Council Member Orton said that commercial projects in the process of negotiating leases or anything that is in the pipeline and has received JUC approval prior to August 1 would be under the old fee schedule. All other commercial projects will be required to pay 50% as of August 1, 2006 and 50% on January 1, 2007. Council Member Whatcott asked how they would define what projects were in the pipeline. City Manager Gary Esplin said that if they had been to JUC they would have plans already developed. He said there is a record as far as sign up and dates. He said that they could do that for industrial and commercial. He said that residential should be treated differently. AMENDED MOTION: An amended motion was made by Council Member Orton to adopt the impact fee structure as presented on residential effective July 20, 2006 for anyone who has not submitted a plan as of July 20, 2006; for commercial and industrial to adopt the impact fees at 50% effective August 1, 2006 and 50% effective January 1, 2007 for any projects that have already presented to JUC or have a code name because of being in negotiations with Economic Development; and to make adjustments as needed. SECOND: The amended motion was seconded by Council Member Whatcott. VOTE: Mayor McArthur called for a roll call vote, as follows: Council Member Whatcott ? aye Council Member Orton ? aye Council Member Bunker ? aye Council Member Gardner ? aye The motion passed. Mayor McArthur declared a 5 minute break. CONDITIONAL USE PERMIT: Consider approval of a conditional use permit to operate a day care within residence located at the northwest corner of 200 West and 200 North Streets. Kristi Edwards, et al., applicants. City Planner Ray Snyder explained that this item had been before the Planning Commission twice before. He said the first time it was continued to give the applicant time to provide the Planning Commission with floor plans that show the rooms used for the day care and to provide a proposal for off street parking. He stated that the Planning Commission recommended approval with the following conditions: 1) a final fire inspection is required prior to operation and the applicant shall comply with all Fire Department conditions such as posting of fire escape routes, smoke alarms, etc.; 2) no drop off or pick up of children shall occur on 200 North Street; 3) a driveway shall be St. George City Council Minutes July 20, 2006 Page Nineteen installed on 200 West Street to accommodate off street parking; and 4) staff shall not issue a business license until the driveway is installed. 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. CONDITIONAL USE PERMIT: Consider approval of a conditional use permit to construct a three story office building with a height above 35 feet, up to a proposed height of 58'9" measured from adjacent grade at 500 South and Bluff Street. Chad Chiniquy, applicant. City Planner Ray Snyder explained that this item was tabled at the June 13, 2006 Planning Commission meeting to give the applicant time to provide additional drawings and a photo simulation to justify the additional building height. He said on July 11, 2006 the applicant returned to the Planning Commission with a revised site plan and photo simulations of the proposed building. He said that the Planning Commission denied the request for a conditional use permit for the requested height at the July 11, 2006 meeting. Mr. Snyder stated that the applicant had the right to appeal the decision and had done so. Mr. Snyder explained that there are four colored renderings before the Council. He said that the first one shows how the city traffic engineer had requested 200 West align with the driveway. He said that another rendering is looking at the building from the interior and the next two show a perspective from behind the units. Mr. Snyder said that five affected residents spoke at the July 13, 2006 Planning Commission meeting in opposition to the building as proposed. He said their concerns were regarding traffic, access, building height, additional heat generated from a large parking lot, drainage, privacy walls and landscaping. He said that the neighbors were re-notified of the July 11, 2006 meeting. He said that the Planning Commission received two letters in opposition of the building height. Mr. Snyder stated that building height is measured from the midpoint of the roof. He said that the code requires that height is taken from the top to the back of curb at street level. He explained that this is a corner property and there is an approximately 11 ft. difference in the height from 500 South to Bluff Street. He said that the applicant wants to build a three-story building and the residents would consider a two-story building. He said that the parking appears to meet the zoning ordinance. He said that the traffic conditions were that the driveway access on 500 South shall meet the requirements of the City Traffic Engineer and all signing and striping shall conform to the City of St. George and MUTCD standards. Mr. Chad Chiniquy stated that he is the applicant. He said that the existing building would be removed. He said that he is currently a tenant at the Ence Executive Towers at 619 Bluff, and that building is well over 60 ft. tall. He said that it is a four-story structure that is less than one block from his proposed building, it is on the same side of the street, and backs up to residential. He stated that he is going to provide more parking and landscaping than required by code. Mr. Chiniquy said that he knows of two other buildings which were granted conditional use permits based on height just a couple of blocks north. He said that the building will actually be 43 ft. high with only two parts that come up to a net of 52 ft. high. Council Member Gardner asked what the height of the building was from Bluff. Mr. Chiniquy stated that it is hard to say because Bluff drops down so drastically. He said that it would probably be 30-35 ft. up from Bluff. He stated that the property is zoned commercial and Bluff is a commercial street. He said that in the interest of public safety he decided to disregard accessing the property off of Bluff. He stated that the precedent has been set by the Council as far as approving conditional use permits for height variances in that area. Mayor McArthur asked if the building would fit within the guidelines of widening Bluff Street from UDOT?s study. Mr. Chiniquy said that in their conversations with UDOT they talked about having a traffic study but it was specific to the proposed building?s square footage and location. He said that there was never any mention of widening Bluff Street at that location. City Manager Gary Esplin said that from St. George Boulevard to 700 the City had a necessary right of way. Mr. Jeff Lane stated that he resides at 528 South 100 West which is just around the corner from the proposed project. He said that he would like to express appreciation to the Council for the number of times they have come before them as concerned citizens of the downtown area and in preserving the quality of life and the various projects that are there. He stated that the neighborhood is actively involved in safe neighborhood programs, they are now in a CAT program, and they regularly attend Planning Commission meetings and the Council meetings as well. He said that they appreciate that the Council has set a precedent to preserve the quality of the downtown area and making it a family friendly area. He stated that one their biggest concerns is the amount of traffic that will be generated with construction of the proposed building. He stated that their understanding is that a three-story building allows for 180 parking spaces. He said that because 500 South is a poorly designed intersection it will be difficult to move that much traffic in and out of that facility. He said that there is a steep grade on 500 St. George City Council Minutes July 20, 2006 Page Twenty South. He said since there is no traffic light at 500 South, the traffic out of the proposed building would only have three options. He said that they would have to try to make a left-hand turn onto Bluff which is next to impossible because there is no light. They could access Bluff Street by making a right hand turn but he said that puts the driver at a driveway of a condominium complex. He stated that the third option would be to come out of the proposed office space on 500 South and go directly north on 200 West or make a right hand turn off of 500 South. He said that is a significant amount of traffic to be funneled through a residential neighborhood. He said residents feel the height of the building is intrusive and that the ordinance which exists now is more than adequate. He said that they are asking the Council to make sure that whoever develops that property as a commercial project has a minimal impact in a residential area. Ms. Janette Stratton stated that she is a mother and homeowner of eleven years on 140 West 500 South. She said that 500 South is the only entrance and exit to the proposed building. She stated that her main concern in granting the conditional use permit for height is how it will increase the traffic on the neighborhood streets. She said that it will affect the safety of all of the children in the area. She said that because of the building being three stories it would have 180 parking spaces and would generate too much traffic. She stated that a two-story building there would have 120 parking spaces which would be less traffic. She stated that the Council had done a wonderful job in downtown St. George by encouraging young families to move to the downtown area. She said that this proposed project goes against what the City has worked so hard to do. She said that because of the two condo complexes on 500 South between her street and Bluff Street there is already a concern about traffic. Mr. Garth Bundy stated that he lives directly north of the proposed building. He said that he is concerned about the intrusion on privacy and that there is a wastewater easement that goes through the property line straight south. He stated that when there is a lot of rain this is a concern across 500 South. Council Member Gardner asked if it is remnants of an irrigation ditch or if it is just where water accumulates. Mr. Bundy said that originally there was a street there but the City deleted the street and deeded the property back to his father who owned the property on both sides of it. He said that the City granted an excess flood water easement on the property where the street was. Mayor McArthur stated that if a building is being built there the owner would have to take care of drainage. He said that the City is putting drainage down 100 West to collect water and take it over to Main Street. Mr. Howard Staheli stated that he is a homeowner on the corner of 500 South and 100 West. He said that in the simulation the trees were taller than the three-story building. He said that his biggest concern is the corner coming off Bluff and the traffic hazards. He said the condominiums have two entrances but the one on Bluff is the most used one. He said that the residents in the neighborhood urge the Council to reject the request for a conditional use permit. Ms. Joellen Lane stated that she is a street captain for 100 West and also the block captain under CAT. She stated that she was not representing CAT. She said that the neighbors have presented knowledgeable concerns. She said that they are knowledgeable because they live next door to the proposed project. She said they drive and know the streets. Ms. Lane said they are partners with the City to improve their neighborhoods. She said that the additional traffic would be a safety concern. She said that on 100 West there are approximately ten families with school age children. She said that in the block that the proposed building would be on there are thirty-one homes that will be impacted by the additional water run-off and traffic. She said that it is not just a minor residential area. Mr. Terrence White said that his company had contracted with Mr. Chiniquy to do planning for the building. He said that the reason the ordinance states 35 ft. as a maximum height has nothing to do with traffic. He said that it has to with firefighting apparatus. He explained that the ordinance was established years ago when the height of the apparatus could reach only 35 ft. Mr. White said the City staff had already looked at the entry and exit and recommended the placement of the approach into the parking lot and Mr. Chiniquy has complied with that recommendation. The property was purchased at commercial rates and a two-story building would not cover those costs. He said they would follow the standard procedure and work with staff to make sure they take care of water generated on site. Mr. White said that the reason the Planning Commission voted against the request was to avoid further delay in the process. Council Member Gardner asked if he was suggesting the Planning Commission wanted the applicant to appeal to the City Council to expedite the reqeust. Mr. White said that was his understanding. Director of Community Development Bob Nicholson explained that the original motion at the Planning Commission was to table the request. He said that the Planning Commission was not going to meet on July 25, 2006 so there was a complaint about the time delay. He said that a second motion was made to deny the request to allow the St. George City Council Minutes July 20, 2006 Page Twenty One applicant to appeal to City Council. Mr. Nicholson explained that the height requirement in the ordinance is for aesthetic issues. Council Member Orton stated that the Council chose to keep the 35 ft. height requirement in order to have an opportunity to look at the building and see how it fits in the community. He said that he doesn?t know how the City Council can allow the height variance in one neighborhood and not in another. He said that they have set a precedent by allowing buildings a height variance if they meet specifications in the neighborhoods. Mayor McArthur said they are dealing with a residential neighborhood and a major commercial street. He said the Council is concerned with how it looks from various angles and how it will impact the neighborhood. City Manager Gary Esplin said traffic is an issue everywhere in the City. He said they are approaching capacity on 700 South and 100 South. MOTION: A motion was made by Council Member Whatcott to approve the request for the conditional use permit and to have the applicant provide landscaping that would provide acceptable screening between the property and the adjoining properties. SECOND: The motion was seconded by Council Member Orton. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion passed. PURCHASE OF WATER: Consider approval to purchase 24.06 acre feet of water from Linna Rosenlof. City Manager Gary Esplin explained that this is a purchase of 24.06 acre feet of water from Linna Rosenlof at $800 per acre foot for a total cost of $19,248. He said that the sale would be conditioned on the State approval of a change application to change the point of diversion. MOTION: A motion was made by Council Member Gardner to approve the purchase with the condition as stated. SECOND: The motion was seconded by Council Member Orton. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. SITE PLAN/BUILDING ELEVATION: City Planner Ray Snyder explained that this is a request for a site plan and building elevation to construct a two-story building with a parking structure located below. He said the site is located on Lot #1 of the Tonaquint Parkway Subdivision located on Dixie Drive near the intersection ...

...HT-OF-WAY: Consider authorization to purchase additional right-of-way on Tonaquint Drive. City Manager Gary Esplin explained that additional right-of-way is needed on Tonaquint Drive for a right turn lane into the school area. The City would like to purchase property belonging to the church for $15,000 for the right turn lane. From a traffic standpoint, it is critical to have the right turn lane. MOTION: A motion was made by Council Member Orton to approve the purchase. SECOND: The motion was seconded by Council Member Allen. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. CHANGE ORDER: Consider approval of a change order for additional work on the Tonaquint Drive improvement project. City Manager Gary Esplin explained...

... was unanimous and the motion carried. AGREEMENT RE IMPROVEMENTS ON TONAQUINT DRIVE: Consider approval of an agreement for the City to participate in improvements on Tonaquint Drive adjacent to the Shepherd of the Hills United Methodist Church. City Manager Gary Esplin explained there has been a disagreement between the Shepherd of the Hills United Methodist Church and the City over who is responsible for what improvements along Tonaquint Drive. He stated he believed it was a misunderstanding since the...

...rted that all roads were open except those with permanent damage - the old Tonaquint bridge and Valley View bridge. Staff is pursuing the possibility of temporary bridges at those locations and will follow up with the hope to have them open within a month or so. Complete reconstruction will take years and $5-10 million in work. Staff is trying to assess the damage and what can be done to avoid further damage, particularly along the Santa Clara River. Numerous homes are still standing but remain threatened. Staff has mobilized contractors to try and shore up the river banks in these areas to avoid future damage, particularly if there is another storm within the next week or two. UDOT inspections are complete; repairs were incidental and have been completed and everything opened. The I-15 bridge was not repaired and is structurally safe, but some additional work will be needed. Management of the Santa Clara River needs to be given a great deal of attention. The corridor was viewed as being 100 feet wide, but it is 600 feet wide now, and this corridor needs to be preserved and everything kept out of it in the future to avoid future damage. Leisure Services Director Kent Perkins reported that staff?s major priority has been with regard to safety and access. All affected parks have been closed and staff is in the process of fencing them off. Mathis and Blake Parks have been completely closed. Clark Corner Park no longer exists. A portion of Tonaquint Park will be opened on Monday for limited access to the nature center, tennis courts, and cemetery, but will be posted indicating that anyone crossing the boundary will do so at their own risk according to the state of emergency declared by the Mayor. Staff has been working with the police and city attorney to post the property correctly. Staff is trying to open portions of the virgin River Trail, but sections have been closed with fences and barricades. Staff is also trying to determine what can be reclaimed and shored up at Blake Park as there was infrastructure damage to this area, including the pond which served many City facilities. Staff is concerned about the ability to served undamaged areas such as the cemetery, and is doing an analysis of all sites and trying to get them all back on line. Four miles of trail were lost. The Bloomington Park will be the largest reconstruction project as all water and power lines have to be replaced. Total acreage lost is 27 acres - this land no longer exists. Brad Last commented that federal help for individuals will be limited to a maximum of $26,500 per household. FEMA will be here next week to meet with individuals. Community Development Director Bob Nicholson reported that his department?s main role has been to work with the Fire Department to determine which homes can be reoccupied safely. Two or three cities have volunteered to send inspectors to St. George to help with the workload. Water Services Director Barry Barnum reported that the drinking water is safe. It is being tested every day. Every area where there has been a break has been isolated and there has not been any contamination. Gunlock wells are out of commission, and staff will try to get two wells back on this weekend and are working on this right now. The rest will have to be inspected to see how quickly they can be brought back up. It is hoped they will be back up and running within the next two weeks. The City is currently using Snow Canyon water, spring water, and Millcreek well water, and is holding its own. The tanks in Snow Canyon are starting to gain, but everyone is being asked to conserve. Some of the homes in the Green Valley area are being served by fire hoses hooked to the hydrants, but all have water. The sewer system plant has taken on thousands of tons of mud. Staff has been successful in clearing a couple of headworks chambers and the sewer plant is running and doing okay. There will be much recovery to do, but the plant is operational. The rest of the system did not fare so well such as the distribution system under the I-15 bridge. Quality Excavation is working on it right now. Also, at Mathis Park a significant portion of the 36" outfall line disappeared. Work will begin on this in the morning. Staff is working with the property owner to restore a sewer line in the area by Blue Duck Lane. Many property owners in this area lost a significant portion of their properties and the City will have to run sewer lines in places where they were not before along the fronts of the lots. They would like to get some rocks, trucks and contractors and build a berm to backfill their property, restore it, and put the sewer line in the original location. Staff will have to see how the State feels about this, and they will be down to take a tour. There was another break at the Tonaquint bridge. A meeting will be held on this tomorrow. There are thre...

...oval of an agreement for engineering services to move the main entrance of Tonaquint Park to the existing signalized intersection at Dixie Drive and 600 West. Purchasing Manager Connie Hood recommended approval of the contract with Creamer and Noble in the amount of $52,012.62. City Manager Gary Esplin explained that even though the City has landscape architects, engineers and inspectors in-house, when their time is limited by other projects the City likes to use the private sector when it can to help the local economy. MOTION: A motion was made by Councilmember Almquist to approve the agreement. SECOND: The motion was seconded by Councilmember Nickle. VOTE: Mayor McArthur called for a vote, as follows: Councilmember Bunker - aye Councilmember Almquist - aye Councilmember Nickle - aye Councilmember Pike - aye Councilmember Hughes - aye The vote was unanimous and the motion carried. RESOLUTION: Consider approval of a resolution accepting the Tonaquint Addition annexation petition. City Manager Gary Esplin explained this issue has previously been discussed with the City Council, but it has been quite a while. This will probably be the last annexation in the west part of the City. The property extends from Sunbrook to the BLM property on the ridge. All of the property is owned by SITLA, from the Tonaquint Terrace area along the face of the ridge to the Lakes project in ...

...ns will provide redundancy at the new airport and wireless coverage at the Tonaquint Park, Tonaquint Nature Center, and Tonaquint Cemetery. MOTION: A motion was made by Councilmember Pike to ...

...Planner Ray Snyder explained that this request is for buildings located on Tonaquint off Dixie Drive and was previously presented at the Mayr 3 City Council meeting. At that time it was tabled. The request is for two buildings, each two story, that match with what has been built in the area. There were concerns with traffic and engineering, and the Development Services Department has been working on these concerns. The Planning Commission recommended approval subject to the following conditions: (1) Signage shall be approved under a separate permit. (2) Earth tone colors and materials shall be used as represented in the colored elevation submitted April 10, 2007 and to the City Council on May 3, 2007 and May 17, 2007. (3) The maximum building height shall not exceed 41' as measured from the building midpoint on Dixie Drive. (4) Street trees on Dixie Drive shall meet the City?s tree ordinance. (5) Provide a photometric plan. (6) Subject to recommended conditions of City?s traffic engineer City Manager Gary Esplin advised there may be a potential issue with traffic that may have to come to the City Council if it cannot be worked out. He suggested that any approval be made subject to working out these details. MOTION: A motion was made by Council Member Gardner to approve the site plan and building elevation subject to all recommendations, including working out traffic details. SECOND: The motion was seconded by Council Member Allen. VOTE: Mayor Pro Tem Orton called for a vote, and all voted aye. The motion carried. NON-CONFORMING USE (2007-NC-001): Planner John Willis explained the request to modify a non-conforming building by expanding the building footprint and maintaining the existing setbacks at 75 East 400 South. The home is located within an R-1-8 zone, with 8' and 10' side setbacks. The garage will also be enclosed. MOTION: A motion was made by Council Member Gardner to approve the request. SECOND: The motion was seconded by Council Member Allen. VOTE: Mayor Pro Tem Orton called for a vote, and all voted aye. The motion carried. PUBLIC HEARING/ZONE CHANGE/ORDINANCE: Public hearing to consider approval of a zone change from R-1-10 to PD Commercial on .82 acre located east of River Road and on the north side of 1450 South Street. Bruce Jensen, applicant. St. George City Council Minutes May 17, 2007 Page Seven Community Development Director Bob Nicholson explained the applicants would like to locate a bank temporarily on the south side of 1450 South due west of the Summit Athletic Center. Road improvements are already in. The applicants would be required to improve 1490 East Circle which is the current entrance into the Summit Athletic Center. The applicant will widen the road and put in curb and gutter and sidewalk. They will use a modular building. The Planning Commission recommends approval for up to a two year period at which time the building would be removed. The applicants agreed to this condition. The Planning Commission recommended approval subject to the two year time limit for the modular building and the road improvements needed as per the City?s Traffic Engineer, and subject to the recommendations of Rosenberg Associates. City Attorney Shawn Guzman inquired who the applicant was for this zone change. He verified that the zone change included just this one parcel. Mr. Nicholson replied the applicant is the bank and the developer. City Attorney Shawn Guzman commented that changing the zone on this parcel will affect the zoning of the entire parcel. Mr. Nicholson advised that the entire parcel is currently zoned residential, but the General Plan shows the parcel as future commercial. Council Member Whatcott commented that there is still an issue with ownership of the property. It appears that approval of this request would set a precedent that the entire parcel would be commercial. While he did not think the City was opposed to this, ownership issues do need to be resolved. City Attorney Shawn Guzman advised that the whole site must be looked at, as this request will affect the zoning on the entire site. He advised that the City has not received the roadway dedication for 1450 South. He stated he would be hesitant about moving forward on any zone change until the roadway dedication is received from Mr. Sheffield. Mr.Nicholson inquired if the approval could be made subject to obtaining the roadway dedication. Mr. Guzman replied that it could. Mr. Nicholson advised that the improvements to 1450 South were in and the General Plan shows the site as future commercial. Council Member Whatcott commented that the road dedication is one of the land ownership issues. Mike Christensen advised that the facility is temporary, and in the future he plans to talk to the City Council about the entire parcel. He stated they are making an accommodation to the bank for operational issues. He is developing the property as a joint venture with Steve Sheffield. City Attorney Shawn Guzman commented that Steve Sheffield has indicated in previous conversations that he prefers a PD on the rest of the commercial site. Mr. Christensen replied that this was also his intent. Bruce Jensen, President and CEO of Town and Country Bank, advised that in 2005 a number of investors got together to create a new back. An interagency application was filed to obtain approval for the bank. Part of the approval had to do with the site chosen. Money was spent on an economic feasibility study for the site. The interagency application was approved and they are in the process of raising capital, with the expectation that the bank will be open to provide a return for investors. Mr. Jensen that when the entire parcel is rezoned PD they plan to be a part of it. Council Member Whatcott inquired if they would build the bank on this location or in another location within the PD Commercial. St. George City Council Minutes May 17, 2007 Page Eight Mr. Christensen replied that the bank will be permanently located in a different location. Mr. Jensen advised that the color of the triple wide modular building will be similar to that in the photo submitted, and there will be larger windows with tasteful shutters in the color of the logo. The actual building will be different than that shown in the photo. Council Member Allen inquired how long they planned on using the modular building. Mr. Jensen replied that if all goes well they hope to be out of it within 18 months. City Attorney Shawn Guzman clarified that the approval is for two years or until the bank opens, whichever is first. He recommended that any motion include the stipulation that the dedication plat be recorded before the applicant can begin on the project. Mayor Pro Tem Orton opened the public hearing. There being no public comment, he closed the public hearing. Council Member Whatcott commented that he worried about setting a precedent when the City still has issues with the property owners. He stated he hoped the issues could be resolved. MOTION: A motion was made by Council Member Whatcott to approve the zone change subject to dedication of 1450 South and with the stipulations recommended by the Planning Commission. SECOND: The motion was seconded by Council Member Gardner. VOTE: Mayor Pro Tem Orton called for a roll call vote, as follows: Council Member Whatcott - aye Council Member Gardner - aye Council Member Allen - aye Mayor Pro Tem Orton - aye The vote was unanimous and the motion carried. Council Member Allen clarified that the road dedication had to happen before the applicants could move forward. City Attorney Shawn Guzman commented that a dedicated roadway was needed. PUBLIC HEARING/AMEND PD/ORDINANCE: Public hearing to consider approval of an amended PD Residential zone on 4.125 acres for the Beehive Home Phase 3 located at 2041 South Mesa Palms Drive. Dan Steurer, applicant. John Willis explained that the applicant would like to amend the PD by changing the number of buildings and adding a recreation area. The current PD was for 12 structures. The applicant would like to decrease that number and increase the size of each building. A portion of the development will be dedicated to the City. The Planning Commission recommends approval. Mayor Pro Tem Orton opened the public hearings. There being no public comment, he closed the public hearing. MOTION: A motion was made by Council Member Gardner to approve the request. 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 Whatcott - aye Mayor Pro Tem Ortion - aye The vote was unanimous and the motion carried. St. George City Council Minutes May 17, 2007 Page Nine Mark Corey advised that the units are different than assisted living units. These units are independent living homes with two bedrooms and a kitchen and living room. Meals and cleaning are furnished if desired. PUBLIC HEARING/ZONE CHANGE/ORDINANCE: Public hearing to consider approval of a zone change from R-1-10 to R-3 on 1.48 acres located at 1699 West 1020 North. Kelly Shannon, applicant. Community Development Director Bob Nicholson explained that the area consists of an acre and a half. Four homes have been surrounded over the years by multiple family zoning. The General Plan designates the area as medium density residential. There is R-3 zoning around it and Halfway Wash open space. The request is consistent with the General Plan. The Planning Commission recommends approval. City Manager Gary Esplin inquired if the adjacent property owners opposed the zone change. Mr. Nicholson replied that the four property owners are all applicants. Kelly Shannon, applicant, advised that he owned two of the four houses and he plans to build a six to eight unit apartment. All four owners are in agreement with the zone change. Mayor Pro Tem Orton opened the public hearing. There being no public comment, he closed the public hearing. MOTION: A motion was made by Council Member Gardner to approve the zone change. SECOND: The motion was seconded by Council Member Whatcott. VOTE: Mayor McArthur called for a roll call vote, as follows: Council Member Gardner - aye Council Member Whatcott - aye Council Member Allen - aye Mayor Pro Tem Orton - aye The vote was unanimous and the motion carried. PUBLIC HEARING/CDBG PROGRAM: Public hearing to consider approval of the Annual Action Plan for the 2007 Community Development Block Grant Program. Clayton Lucas explained that the Department of Housing and Urban Development requires the City to annually update is action plan consisting of short term goals and strategies. 30% of the funds from HUD will be put toward public service activities, 20% for administrative and planning activities, and 50% for eligible CDBG activities. Mayor Pro Tem opened the public hearing. City Manager Gary Esplin commented that this program provides an opportunity for people to make application for these funds. There being no further comments, Mayor Pro Tem Orton closed the public hearing. Mr. Lucas explained that on May 24 a training workshop was being held at the City Office and the public was welcome to attend. Applications are due June 15. The annual action plan is a guideline and there if flexibility to move the percentages around; the City just needs to let HUD know. MOTION: A motion was made by Council Member Allen to approve the Annual Action Plan. SECOND: The motion was seconded by Council Member Whatcott. VOTE: Mayor Pro Tem Orton called for a vote, and all voted aye. The motion carried. St. George City Council Minutes May 17, 2007 Page Ten PUBLIC HEARING/ROCK WALL ORDINANCE: Public hearing to consider approval of amendments to Title 10, Chapter 18, Article A, St. George City Code, with regard to rockery walls. Cathy Hasfurther reviewed the minor changes to the ordinance and made clarifications in response to Council Members questions. City Attorney Shawn Guzman advised that there were still minor changes to be made to the draft copy, and he reviewed them with the City Council. Mayor Pro Tem Orton opened the public hearing. There being no public comment, he closed the public hearing. MOTION: A motion was made by Council Member Whatcott to approve the ordinance. SECOND: The motion was seconded by Council Member Gardner. VOTE: Mayor Pro Tem Orton called for a roll call vote, as follows: Council Member Whatcott - aye Council Member Gardner - aye Council Member Allen - aye Mayor Pro Tem Orton - aye The vote was unanimous and the motion carried. RESOLUTION: Consider approval of a condemnation resolution for properties surrounding the replacement airport site. This item was tabled. APPROVAL OF NEW WALL DESIGN: Consider approval of a new wall design at 250 West and Blackridge Drive. Lonnie Gubler/Duffy Williams, applicant. City Manager Gary Esplin explained that this item had been discussed in a work meeting. The applicants would like to replace a stacked lava rock wall with a different type of wall. MOTION: A motion was made by Council Member Allen to approve the new wall design. SECOND: The motion was seconded by Council Member Gardner. VOTE: Mayor Pro Tem Orton called for a vote, and all voted aye. The motion carried. AGREEMENT: Consider approval of reimbursement agreements with landowners along Tonaquint Drive to reimburse the City for improvements made during the Tonaquint reconstruction project. City Manager Gary Esplin commented that this road is currently under construction, and in order to get it done could not force the owners to participate in the improvements until they came in for approval of a project. City staff has negotiated agreements with different owners along Tonaquint Drive south of the Southgate golf course all the way down to Bloo...

...er 73 lots on 89.58 acres in an R-1-40 zone at approximately 2500 South on Tonaquint Drive. Quality Development LLC, applicant. Project Engineer Jay Sandberg explained this item and the preliminary plat go together. This development was approved in 2006 and was originally zoned Open Space. It was then changed to R-1-50. There were several field trips to the site due to the rock and geological features and view. He presented aerial, vicinity and zoning maps. The Tonaquint Terrace Subdivision was amended a few months ago because the Tonaquint Heights Subdivision preliminary plat expired. The road remains in the same place and there is a new LDS church in the vicinity under construction. The developers would like to build the project in conjunction with the church and road. Staff recommends re-approving the overall clustering plan for the entire development and then a three lot subdivision as the preliminary plat. In 2006 a site visit was taken the site to look at the areas that would not be disturbed and where building lots would be placed. There is a trail system which will be dedicated to the public. The overall density in the clustering plan cannot exceed the density in an R-1-40 zone and the lots cannot be less than 8,000 sq. ft. Open space requirements must be met. There was discussion at the Planning Commission meeting about approving only the first portion and dedication of at least the pro rata portion of open space, and as future phases are dedicated more pro rata open space dedicated. City Manager Gary Esplin commented the City has approved the overall plan of the entire site. There was an agreement with SITLA that when the property developed, certain parcels would be left undisturbed. He stated he was not sure that open space should be dedicated on a pro rata basis. He stated that SITLA should be required to preserve the areas they said they would preserve. Brett Burgess, applicant, advised the take-down schedule defines the open spaces that have to be purchased from SITLA. He advised he spoke with City staff about taking down those areas and donating them to the City for public use in phases. Any alterations to that plan will have to be discussed with SITLA. City Manager Gary Esplin commented that SITLA needs to define the open space areas and put them in escrow as they are benefitting from approval of the entire project and there should be some quid pro quo. City Attorney Shawn Guzman advised this arrangement is similar to that of the South Block. Community Development Director Bob Nicholson advised staff told the applicant that each phase has to stand on its own and meet the code to protect the City from a future phase not happening. City Manager Gary Esplin advised that staff walked the site and Quality did a great job siting the homes. The City approved the entire project and it was done to protect the rock outcroppings. He stated he did not see why a development agreement similar to the one with the South Block could not be entered into. Jay Sandberg advised that staff had the same thoughts and spoke with the Legal Department. Legal staff felt it was important to reapprove the entire clustering plan even though approval is just for three plots and the zoning plan supercedes the General Plan. Brett Burgess commented that when the project was first approved, the review was extensive. If SITLA wants to change the plan, the City could say “no” to anything but the originally approved plan. Mayor McArthur opened the public hearing. There being no public comment, he closed the public hearing. St. George City Council Minutes July 1, 2010 Page Ten City Attorney Shawn Guzman advised that the City will get the associated open space with the three lot subdivision and can move forward with a development agreement on the remainder of the property, including the open space. MOTION: A motion was made by Councilmember Pike to approve the clustering of 73 single family lots under a conditional use permit as discussed, including the open space to be dedicated to the City as shown on the plan. SECOND: The motion was seconded by Councilmember Almquist. VOTE: Mayor McArthur called for a vote, as follows: Councilmember Pike - aye Councilmember Almquist - aye Councilmember Nickle - aye Councilmember Bunker - aye Councilmember Shakespeare - aye The vote was unanimous and the motion carried. PRELIMINARY PLAT: Consider approval of the preliminary plat request for Tonaquint Heights to create three individually owned residential lots. ...

...ic Works Director Wes Jenkins presented the preliminary plat amendment for Tonaquint Heights Phase 2, a 13-lot residential subdivision located south of 2440 South in the general vicinity and west of Tonaquint Drive; zoning is R-1-40. The original preliminary plat was approved as a cluster development; therefore, none of the lots are 40,000 sq. feet. They will meet the density; however, the lots will be smaller because they are dedicating open space. The preliminary plat is being amended because some of the lots were given to the LDS church. He commented that the map provided shows a dashed line. The dashed line show the pad on each lot, everything outside of the pad will not be disturbed. Ryan Thomas with Development Solutions clarified that in 2006 when the preliminary plat was originally approved; their intent was to have the lots and a buildable area they can disturb. Inside that buildable area, they are limited to 10,000 sq. feet. With the CCR’s, the architectural control will delineate what area can be disturbed. Mr. Jenkins commented that they will be required to put orange fencing around the pad when building. That will delineate what area can be disturbed. Councilmember Almquist noted that this was the first prototype in dealing with the cuesta concept and how to deal with topography. The original development was trying to be sensitive to that, it sounds like they still are. Mr. Jenkins stated that right now they will build the roads and utilities. The open space will be dedicated to the City for conservation. MOTION: A motion was made by Councilmember Hughes to approve the preliminary plat amendment for Tonaquint Heights Phase 2. SECOND: The motion was seconded by Councilmember Arial. St. George City Council Minutes April 16, 2015 Page Fifteen 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. CONDITIONAL USE PERMIT: Consider approval of a conditional use permit to construct a detached accessory garage with an attached outdoor living patio and an attached pool equipment room that will exceed the allowed ridge height of 15 feet on lot 78 of the Meadow Valley Farms subdivision. Shawn Patten, applicant. Planner Ray Snyder presented the request for a conditional use permit to construct a detached accessory garage 2433 East 3995 South with a ridge height of approximately 16 feet. He showed a plat, aerial view, zoning map and site plan. This will be the third garage on the property. He showed the area of the proposed garage and elevation. There will be a pool equipment room and an outdoor living patio. The property is a higher elevation except for the garage. He mentioned and read the staff report included in the agenda packet. Additionally, he read the findings which include aesthetics, height and maintain character and purpose of zone. Planning Commission recommends approval. MOTION: A motion was made by Councilmember Hughes to approve the conditional use permit for the detached garage at 2433 East 3995 South. 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. INTERLOCAL AGREEMENT: Consider approval of an interlocal agreement with Washington County for the Ironman 70.3 event. City Manager Gary Esplin advised that the Ironman event will take place in May. This is a new contract for five additional years. This City’s obligation is up to $25,000. St. George City Council Minutes April 16, 2015 Page Sixteen Councilmember Almquist inquired about Section 1, Subsection D pertaining to concessions. He asked how that arrangement works. City Attorney Shawn Guzman explained that under this agreement, the City arranges for the food as has been done in the past. MOTION: A motion was made by Councilmember Hughes to approve the interlocal agreement for the Ironman 70.3 event. SECOND: The motion was seconded by Councilmember Bowcutt. VOTE: Mayor Pike called for a vote, as follows: Councilmember Almquist – aye Councilmember Hughes – aye Councilmember Randall - aye Councilmember Bowcutt – aye Councilmember Arial – aye The vote was unanimous and the motion carried. APPOINTMENTS: Mayor Pike explained there is a need for appointments to the Hillside Review Board. He outlined the expertise required of board members. He then recommending re-appointing Russ Owens for a 2-year term, David Black for a 3-year term, Todd Edwards for a 4-year term and appointing Bruce Vander for a 1-year term and Tyler Hoskins for a 4-year term. MOTION: A motion was made by Councilmember Almquist to approve the appointments as stated. 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. Mayor Pike mentioned that with regards to the Airport Advisory Board, he recently appointed Mike Thompson; however, Chip with SkyWest would rather have Lori Hunt be on the board. Hers will be a 4-year term. Additionally, he mentioned that after speaking with Josh Bevans, he would like to re-nominate him for only 2 years. MOTION: A motion was made by Councilmember Arial to approve the appointments as stated. SECOND: The motion was seconded by Councilmember Randall. VOTE: Mayor Pike called for a vote, as follows: St. George City Council Minutes April 16, 2015 Page Seventeen Councilmember Almquist – aye Councilmember Hughes – aye Councilmember Randall - aye Councilmember Bowcutt – aye Councilmember Arial – aye The vote was unanimous and the motion carried. Mayor Pike advised the board is working on a date for the first meeting. Councilmember Almquist noted that a group is being put together at City codes. He went through half of the book that was provided to them previously. It is amazing how many issues code enforcement deals with. Mayor Pike stated that Councilmembers Hughes and Almquist will work with the Legal Department and John Willis to make some recommendations to City Council and to the public for comment. Planner Ray Snyder inquired about the Hillside Review Board. In the past, a Councilmember was appointed. He asked if Councilmember Almquist is a new appointment. Mayor Pike replied that he did not show him on the list. Councilmember Almquist is not a voting member, he is a liaison. MINUTES: Consider approval of the minutes from the meeting held on February 19, 2015. MOTION: A motion was made by Councilmember Hughes to approve the minutes from February 19, 2015. SECOND: The motion was seconded by Councilmember Bowcutt. VOTE: Mayor Pike called for a vote, as follows: Councilmember Almquist – aye Councilmember Hughes – aye Councilmember Randall - aye Councilmember Bowcutt – aye Councilmember Arial – aye The vote was unanimous and the motion carried. MINUTES: Consider approval of the minutes from the meeting held on February 26, 2015. MOTION: A motion was made by Councilmember Almquist with a suggestion to look at page 6, lines 37 & 38; it might follow better to say why Marc St. George City Council Minutes April 16, 2015 Page Eighteen Mortensen stated the Division of Alcohol and Beverage controls purpose in the timing for the beer garden. 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. REPORTS FROM MAYOR, COUNCILMEMBERS AND CITY MANAGER: Councilmember Randall mentioned a Fish Fry that will take place on April 22nd at 6:00 p.m. at Tonaquint Park sponsored by Team Red White & Blue. Mayor Pike mention...

...nt. City Manager Gary Esplin stated that Plantations Drive is near the Tonaquint Business Park. Councilmember Almquist inquired when the detailed plans will be available for review. Dave Nasal, applicant, stated that more specific drawings will be available in March. One of the items mentioned at the Planning Commission was density. They are looking to have 76 units. They met with the HOA for The Cottages, regarding some of their concerns and have been able to incorporate some of their recommendations. This project is a project similar to Trendwest. The units will be sold individually. Mayor Pike opened the public hearing. Mark Tippen, representative for The Lakes development, stated that he sent a letter in opposition. They are opposing this request because when their general plan was approved, a development across the street was zoned for high density. At that time, The Cottages requested they lower their density to medium density, which they did. Mayor Pike closed the public hearing. MOTION: A motion was made by Councilmember Randall to approve amending the General Plan Land Use from Medium Density Residential to High Density Residential. SECOND: The motion was seconded by Councilmember Bowcutt. 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. FEE WAIVER: Consider approval of a request for a fee waiver for the use of Tonaquint Park. Christina Hopkinson, applicant. Christina Hopkinson, applicant and coordinator for the Southern Utah MS Walk event, requested the fees be waived for the use of Tonaquint Park. MOTION: A motion was made by Councilmember Almquist to approve the fee waiver for the use of Tonaquint Park for the Southern Utah MS Walk event. SECOND: The motion wa...

...quest to waive the special event permit fee and the fee for the use of the Tonaquint Park for the Utah Lions Foundation Walk with the Blind Challenge. Milt Taylor, applicant. Lions Club President Dave Cook addressed the Council and explained briefly about the charity event planned in February for Lions Club members to raise money for the blind. MOTION: A motion was made by Councilmember Jimmie Hughes to waive the special event permit fee and the fee for the use of the Tonaquint Park for the Utah Lions Foundation Walk with the Blind Challenge. SECOND: The motion was seconded by Councilmember Gil Almquist. VOTE: Mayor Pike called for a vote, as follows: Councilmember Hughes - aye Councilmember Almquist - aye Councilmember Randall - aye Councilmember Bowcutt – aye The vote was unanimous and the motion carried. SPECIAL EVENT FEE WAIVER: Consider approval of a request to waive the special event permit fee and the fee for the use of the Ridge Top Complex for the Starry Night Annual Awards and Installation Banquet. Gregg McArthur, applicant. St. George City Council Minutes January 9, 2014 Page Six Gregg McArthur addressed the Council and explained briefly the purpose of the Starry Night event to honor local businesses and individuals that are outstanding contributors to the community. MOTION: A motion was made by Councilmember Michele Randall to waive the special event permit fee and the fee for the use of the Ridge Top Complex for the Starry Night Annual Awards and Installation Banquet. SECOND: The motion was seconded by Councilmember Jimmie Hughes. VOTE: Mayor Pike called for a vote, as follows: Councilmember Hughes - aye Councilmember Almquist - aye Councilmember Randall - aye Councilmember Bowcutt – aye The vote was unanimous and the motion carried. PUBLIC HEARING: Public hearing to consider approval of an amendment to the Planned Development Residential Zone for Mesa Palms Phase 5 on 5.92 acres located at the intersection of Mesa Palms Drive and Tonaquint Drive to allow the development of 52 residential units on the property. Kent Heideman, applicant. Staff presented a PowerPoint displaying the area of discussion as well as the types of buildings that are planned on being constructed there. It was mentioned that the Planning Commission had approved this amendment in their recent meeting. Planned development coordinator Tyler Hoskins addressed the Council and answered questions regarding the development. Mayor Pike then opened the topic to the public for comments. Kenneth Gee, area resident and neighbor of the planned development addressed the Council with his concerns about the increase of traffic this development would cause in the area. He was also concerned about this being the only multiple housing unit in the immediate area and the type of neighborhood that would create. Council discussed these issues at length with Mr. Gee and informed him of a planned round-a-bout planned for the area. After further discussion Mayor Pike thanked Mr. Gee for his input. Having no further public comment, Mayor Pike closed the public hearing. MOTION: A motion was made by Councilmember Jimmie Hughes to approve the amendment to the Planned Development Residential Zone for Mesa Palms Phase 5 on 5.92 acres located at the intersection of Mesa Palms Drive and Tonaquint Drive to allow the development of 52 residential units on the pro...

...onstructed or platted that would foresee this happening. PUBLIC HEARING/TONAQUINT ADDITION/ORDINANCE: Public hearing to consider annexation of the Tonaquint Addition. Community Development Director Bob Nicholson explained that this is the second time this annexation will have been considered. A petition was submitted a year ago for 1,300 acres, but an island was created which did not meet state law. This new petition is for 1,201 acres. In 2010 the City adopted a land use plan for the area, and did a general plan in anticipating of this annexation. The process included site visits, and it has been in the works for quite a while. Public hearings were held in 2010, and the general plan for this area includes 1,600 acres, 1,023 acres of open space and additional areas set aside for parks, low density residential, and a 50 acre site for a middle school/high school complex. The terrain to the west is quite rugged and SITLA has agreed to maintain this area as open space. SITLA also participated in this planning. Mayor McArthur opened the public hearing. Alan Unrein, a resident of Tonaquint Terrace, advised he moved here five years ago and was told there would be no building in the area for nine miles, only hiking and biking trails. He paid top dollar for his lot and now homes area going to be built behind him. He advised that when it rains, the resulting water ponds are 15' deep and 40' across. He also expressed concern about a road that will be built through the boulders. There are also cliff dwellings and caves in the area. Mayor McArthur replied that these plans have been in place for a long time and the City’s general plan includes this area as being annexed into the City and developed. Kyle Pasley, representing SITLA, advised he recently met with 14-15 residents in the area. Years have been spent along with considerable expense planning this area. They have tried to pay attention to the unique characteristics of the land and have brought in experts to help plan the area, making the situation a win win for everyone. The general plan is general in nature and not specific. A road through the boulders does not make sense, and it will meander along the rocks. As far as drainage, they have spent over $100,000 on engineering studies, and this is the reason the area is planned for very low density residential. There are significant storm drainages to the Curly Hollow area, and they have paid a significant amount to upgrade improvements in Curly Hollow. He advised that area residents are welcome to keep in contact with him as his door is always open to them. Final zoning will have to go through the public process in the future, and they are happy to keep communication open and be good neighbors. City Manager Gary Esplin commented that this action is the final stage of the annexation process. The property will be zoned Mining and Grazing when it comes into the City. Zoning is not guaranteed, and all requests for zoning will have to be approved by the City Council through the public hearing process. SITLA is not in the business of letting their property sit idle, and there will be development. City staff and SITLA have been St. George City Council Minutes March 7, 2013 Page Six working on this site to mitigate the effects of growth, but there never has been a SITLA project with this large amount of open space. Zoning will have to be based on the merits. This action today is just to say that this is a new logical boundary for the City and it should be developed in the City. It does not say how it will be developed. The master plan will guide that development. Councilmember Almquist commented that when Tonaquint Terrace was developed it was fought over foot by foot and rock by...

...d.   PRELIMINARY PLAT: Consider approval of a preliminary plat for Tonaquint Cove Phase 2-4.   Assistant Public Works Director Wes Jenkins presented the preliminary plat is for Tonaquint Cove Phase 2-4, a 50-lot residential subdivision located south of Curly Hollow Drive and south of the existing Tonaquint Cove Phase 1; zoning is R-1-10 (Single-Family Residential 10,000 sq. ft. minimum lot size).  The area not marked as a lot in Phase 3 will be dedicated to the City at a future date as Open Space.  He St. George City Council Minutes June 20, 2019 Page Fourteen   provided a PowerPoint presentation covering the following topics: aerial map; and preliminary plat.   Councilmember Arial returned.   MOTION:      A motion was made by Councilmember Randall to approve the preliminary plat for Tonaquint Cove Phase 2-4 SECOND:       ...

...d.   PRELIMINARY PLAT: Consider approval of a preliminary plat for Tonaquint Ridge Phase 1-3.   Assistant Public Works Director Wes Jenkins presented the preliminary plat for Tonaquint Ridge Phase 1-3, a 47-lot residential subdivision located west on Curly Hollow beyond Rock Park Drive (Tonaquint Cove Phase 1); zoning is R-1-10 (Single-Family Residential 8,000 sq. ft. minimum lot size).   He showed and outlined the preliminary plat.  He spoke about the detention basin being proposed in the area.  The applicant hopes to dedicate the detention basin to the City.  Because there are double fronting lots, the applicant will be required to install the 10’ landscape strip and trail; it will be maintained by the HOA they plan to form.    A discussion took place regarding the roads proposed to be built as part of the development as well as drainage.   Councilmember Arial stepped out   MOTION:      A motion was made by Councilmember Hughes to approve the preliminary plat for Tonaquint Ridge Phase 1-3 with conditions that prior to final plat, staff w...

... Connie advised the amount of the agreement is $30,451 for work around the Tonaquint Park and adjacent to the Southgate Golf Course. Rick Rosenberg advised the work consists of repairing the NRCS rock walls. The proposed work does not extend into the County as that is a separate project. City Manager Gary Esplin commented that the County will be responsible to pay the match on those improvements outside the City limits. MOTION: A motion was made by Councilmember Shakespeare to approve the agreement. SECOND The motion was seconded by Councilmember Almquist. VOTE: Mayor Pro Tem Bunker called for a vote, as follows: Councilmember Pike - aye Councilmember Almquist - aye Mayor Pro Tem Bunker - aye Councilmember Shakespeare - aye The vote was unanimous and the motion carried. PRESENTATION OF AUDIT REPORT: Presentation of the FY 2011 audit report. City Manager Gary Esplin explained that under State law, the audit must be submitted to the State by December 31. The City’s auditors do an exceptional job. Ken Hinton announced the successful completion of another year’s audit ending June 30, 2011. It has been filed with the federal government and will be filed with the State Auditor’s Office tomorrow. He encouraged the Mayor Pro Tem and Councilmembers to call him with any questions. The financial statement includes a clean audit opinion in compliance with federal and state laws. He thanked the Mayor Pro Tem, City Council and City management staff for the responsible way in which the City manages its finances. St. George City Council Minutes November 17, 2011 Page Three Councilmember Shakespeare commented that the budget goes through the City’s financial department, then the independent auditor, then the City Council, and finally the State. Many eyes look over the budget to make sure it is done right. Finance Director Phil Peterson advised that the financial report will be on the City’s website tomorrow. MOTION: A motion was made by Councilmember Almquist to accept and approve the audit report. SECOND The motion was seconded by Councilmember Shakespeare. VOTE: Mayor Pro Tem Bunker called for a vote, as follows: Councilmember Pike - aye Councilmember Almquist - aye Mayor Pro Tem Bunker - aye Councilmember Shakespeare - aye The vote was unanimous and the motion carried. BEER LICENSE: Consider approval of an off-premise beer license for Ernie’s Too located at 994 E. St. George Blvd. Don Ipson, applicant. City Manager Gary Esplin explained this license will be for the new project located on the corner of St. George Blvd. and 1000 East. The application has been reviewed and staff recommends approval. There was an existing license at this location years ago, but this will be a new license. MOTION: A motion was made by Councilmember Pike to approve the beer license. SECOND The motion was seconded by Councilmember Shakespeare. VOTE: Mayor Pro Tem Bunker called for a vote, as follows: Councilmember Pike - aye Councilmember Almquist - aye Mayor Pro Tem Bunker - aye Councilmember Shakespeare - aye The vote was unanimous and the motion carried. SET PUBLIC HEARING: City Planner Ray Snyder advised that the Planning Commission, at its meeting held November 8, 2011, recommended that a public hearing be scheduled for December 1, 2011 to consider a zone change request from A-1 to RE-12.5 on 10.778 acres located south of Sun Valley Estates Phase 6 and east of Sun Valley Estates Phase 5. The applicant is Quality Development. MOTION: A motion was made by Councilmember Almquist to set the public hearing as recommended. SECOND: The motion was seconded by Councilmember Pike. VOTE: Mayor Pro Tem Bunker called for a vote, as follows: Councilmember Pike - aye Councilmember Almquist - aye Mayor Pro Tem Bunker - aye Councilmember Shakespeare - aye The vote was unanimous and the motion carried. PRELIMINARY PLAT: Wes Jenkins presented the preliminary plat for The Estates at Valderra, a 40 lot subdivision located on 32.5 acres with a density of 1.42 units per acre. Zoning is PD Residential. The General Plan designates the site as Low Density Residential. The applicant has divided some one acre lots into half acre lots for a total of 40 lots. This area was originally approved for 45 lots in the PD text, so five more lots will be allowed in the future based on the master plan. MOTION: A motion was made by Councilmember Pike to approve the preliminary plat. SECOND: The motion was seconded by Councilmember Almquist. VOTE: Mayor Pro Tem Bunker called for a vote, as follows: St. George City Council Minutes November 17, 2011 Page Four Councilmember Pike - aye Councilmember Almquist - aye Mayor Pro Tem Bunker - aye Councilmember Shakespeare - aye The vote was unanimous and the motion carried. PRELIMINARY PLAT: Wes Jenkins presented the preliminary plat for Desert Canyons Town Center Commercial, a 10 lot mixed use commercial subdivision on 34.737 acres. The general plan designates the site as town center. The applicant is Desert Canyons. A letter of map revision to move the flood plain will have to be provided. Desert Canyons Parkway and Cottonwood Crossing Drive will provide access to the commercial lots. Regional and community trails run through the subdivision and will be built as the subdivision is built. MOTION: A motion to approve the preliminary plat was made by Councilmember Pike. SECOND: The motion was made by Councilmember Almquist. VOTE: Mayor Pro Tem Bunker called for a vote, as follows: Councilmember Pike - aye Councilmember Almquist - aye Mayor Pro Tem Bunker - aye Councilmember Shakespeare - aye The vote was unanimous and the motion carried. PRELIMINARY PLAT: Wes Jenkins presented the preliminary plat for Sunland Professional Park, a four lot commercial subdivision. Zoning is Administrative Professional. The applicant is Ence Development. There are four existing buildings that the applicant would like to subdivide into separate lots for financing purposes. However, all four buildings are served by one water meter and one sewer lateral and the City normally does not allow this. However, if an agreement can be obtained from all four building owners that everyone will share in the cost, then staff recommends approval. MOTION: A motion was made by Councilmember Pike to approve the preliminary plat, subject to legal review of the water and sewer issues. SECOND: The motion was seconded by Councilmember Almquist. VOTE: Mayor Pro Tem Bunker called for a vote, as follows: Councilmember Pike - aye Councilmember Almquist - aye Mayor Pro Tem Bunker - aye Councilmember Shakespeare - aye The vote was unanimous and the motion carried. PRELIMINARY PLAT: Wes Jenkins presented the preliminary plat for Ence Executive Towers consisting of two existing buildings on 1.984 acres with zoning of C-3. They would like to do the same thing as with the Sunland Professional Park for financing purposes. The same type of agreement will be required as there is one water meter and one sewer lateral serving both buildings. MOTION: A motion was made by Councilmember Almquist to approve the preliminary plat subject to legal review of the water and sewer issues. SECOND: The motion was seconded by Councilmember Shakespeare. VOTE: Mayor Pro Tem Bunker called for a vote, as follows: Councilmember Pike - aye Councilmember Almquist - aye Mayor Pro Tem Bunker - aye Councilmember Shakespeare - aye The vote was unanimous and the motion carried. FINAL PLATS: Todd Jacobsen presented the final plat for Lava Flow Drive and Little League Drive located around Snow Canyon High School. This portion of Lava Flow Drive and Little League Drive has been there for years but has never been dedicated. The School District recently purchased this property from the BLM which allows the City to now plat the St. George City Council Minutes November 17, 2011 Page Five roads. Zoning is R-1-10. The length of Lava Flow Drive being dedicated is approximately .70 of a mile and Little League Drive is .20 of a mile. The City is also giving an easement for public utilities on the east side of the road. Todd Jacobsen presented the final plat for Sage Meadows Subdivision Phase 1, a one lot commercial subdivision. The School District would like to locate an elementary school on this site, which is at the northeast corner of 2780 East Street and 2000 South. Zoning is R-1-10. MOTION: A motion was made by Councilmember Shakespeare to approve both final plats and authorize the Mayor to sign them. SECOND: The motion was seconded by Councilmember Almquist. VOTE: Mayor Pro Tem Bunker called for a vote, as follows: Councilmember Pike - aye Councilmember Almquist - aye Mayor Pro Tem Bunker - aye Councilmember Shakespeare - aye The vote was unanimous and the motion carried. AGREEMENT: Consider approval of an agreement with the St. George Musical Theater. City Manager Gary Esplin advised that this issue has been discussed in several work meetings and the issues talked about have been drafted into the agreement. The City will provide a sponsorship of $10,000 for the first play only, and act as a backstop to get the SGMT up and running. They will have the responsibility to raise all funds to make change to the location to accommodate their productions. In exchange for the City acting as a backstop, the City will get a percentage of ticket sales. The maximum exposure on the City’s part as a backstop is $60,000, plus the sponsorship of another $10,000. Mayor Pro Tem Bunker commented she thought the City was only going to help with the rental and not the sponsorship. City Manager Gary Esplin replied that the Council agreed to help with a sponsorship, but this can be changed. Bruce Bennett, representing the SGMT, advised that sponsorships are common and this help was volunteered by the Mayor. City Manager Gary Esplin clarified that the City will request the right to look at SGMT’s books. Mr. Bennett advised that the SGMT will agree to that. City Manager Gary Esplin advised that this funding will come from the Economic Development fund. Councilmember Pike commented that this could be precedent setting and the City Council does not want to do anything that it cannot do in another similar situation. The SGMT has a track record and they have opened their budget to the City and the City believes they will be conservative in their operations. Bruce Bennett commented that to be a success, they must rely almost totally on volunteer efforts. Councilmember Almquist commented that there has been cooperative effort among local groups. City Attorney Shawn Guzman advised that the agreement has not quite been worked out yet, and he recommended that any approval be made subject to review and approval by the City Manager. Bruce Bennett commented that they have been looking for pledges from private individuals, without opening donation requests to the general public. They have heard tentatively from the Eccles Foundation that if they can raise 50% of the funding needed, the Eccles will look seriously at their proposal. Councilmember Almquist advised that the SGMT still has all their costumes, lighting and most seating. St. George City Council Minutes November 17, 2011 Page Six MOTION: A motion was made by Councilmember Pike to approve the agreement, including the $10,000 one-time sponsorship of the first show, along with the other provisions in the agreement, and subject to final approval of the Legal Department and City Manager. SECOND: The motion was seconded by Councilmember Almquist, who commented that this did not mean that the City would not sponsor another SGMT show in the future. City Manager Gary Esplin commented that any more sponsorships in the future should be done through the same grant process that the other arts organizations apply for. VOTE: Mayor Pro Tem Bunker called for a vote, as follows: Councilmember Pike - aye Councilmember Almquist - aye Mayor Pro Tem Bunker - aye Councilmember Shakespeare - aye The vote was unanimous and the motion carried. PUBLIC HEARING: Public hearing to consider public comment regarding community needs and possible projects for funding under the federal Community Development Block Grant program. CDBG Administrator Brian Maxfield introduced himself. He advised the purpose of the public hearing is to take input on the needs of the community which can be addressed through the Community Block Grant program. A workshop for applicants will be held in December with applications taken in January. He stated that right now he had no idea if there would even be any funds available, and if there is, he assumes there will be some cuts to the funding. He distributed a summary sheet of how the funds have been spent in years past. He explained that the program benefits those with low to moderate incomes. City Manager Gary Esplin commented that the Down Payment Assistance Program has been very successful. Mr. Maxfield advised that this program has helped 28 households this year and there is enough left to help two more. Mayor Pro Tem Bunker opened the public hearing. There being no public comment, she closed the public hearing. PUBLIC HEARING/FINAL PLAT AMENDMENT/ORDINANCE: Public hearing to consider approval of a final plat amendment for Tonaquint Terrace Phase 2, Second Amended and Extended to adjust the lot lines for Lots 128, 129, 130, 131, 156, 159 and 160 and 169. Todd Jacobsen presented the final plat for a 65 lot residential subdivision located at 1300 West 2270 South. Zoning is R-1-10. The amendment consists of making some of the lots larger and dedication of some property for the City for natural rock parks. Mayor Pro Tem Bunker opened the public hearing. Clifford Chaney, a resident of Tonaquint Terrace, expressed concern that approval of this request would se...

...e Opera House; a pavilion at Shadow Mountain Park; parking improvements at Tonaquint Park; fishing pond and historic garden at Seegmiller Park; and a picnic area at the Tawa Fishing Pond. St. George City Council Minutes May 26, 2011 Page Four Mr. Esplin indicated that he had asked several department heads to appear here tonight to update Council Members on new developments in their departments. Police Department Marlon Stratton, Police Chief, began by reminding Council Members that Russ Peck has retired and that Officer Golding will be retiring soon. Richard Farnsworth has been promoted to take Officer Peck’s position and Scott Staheli to Officer Farnsworth’s position. Kyle Whitehead will take Officer Golding’s place. This has given several employees a chance to advance their careers. He described a recent awards ceremony in which individuals whose lives had been saved by City Police Officers came and spoke. It was a powerful experience which gave officers an emotional lift. He discussed the need to rearrange staff assignments as there are three officers on military leave. He noted that in hiring new officers, he had limited recruitment to those who are certified or are in the process of certification. He received over 60 applications. He told Council Members that the Department is very busy and that because his officers are involved day to day in extremely negative situations, the Department is trying to ensure that they are able to stay physically and mentally fit. He discussed the rise in crime, especially in prescription drug overdose, gang-related crimes and identity theft. He talked about the marijuana grow take downs which the Department participates in with Federal, State and County officials and the extreme danger of these situations When questioned about their involvement in illegal worker status cases, he indicated the Department is working with area businesses and State and Federal agencies. Public Works Larry Bulloch, Public Works Director, introduced Miriam Palma, Jay Sandberg and Cameron Cutler from his staff. He discussed the Department restructuring and how employee job descriptions have changed. He indicated that Public Works faces challenges, but has formulated strategies to face those challenges. He told those present that now that the airport is built, a big challenge will be to promote it and use it to its full potential. He indicated that the City would like to 1) attract additional air carriers and 2) build up businesses to promote economic growth. He cited the new Heliport, which has just been recruited by the City, as a step in that direction. St. George City Council Minutes May 26, 2011 Page Five Mr. Bulloch discussed the need to promote positive working relations and heal old wounds. He praised Rick Crosman, previous airport manager, as one who got us through the building stage, and has now left City employ. The new airport manager will be Rich Stehmeier. Mr. Stehmeier, who starts on June 13, is currently the airport manager in Logan, Utah. Mr. Stehmeier has an aviation background, but also a degree in Business and Marketing. He has good personal and public relations skills. Other challenges faced by the Public Works Department are related to flood recovery and planning for current and future flooding and drainage needs. Jay Sandberg, Engineering Services Manager, has taken the lead in this area. He and Mr. Bulloch are working with the Water Conservancy District to implement a Regional Flood Authority and a flood water fee to build regional flood projects. Ongoing challenges also exist in the need to constantly expand and improve transportation services. Cameron Cutler, Transportation Services Manager, will take the lead in this area by working with State and Federal Agencies to identify funding and create solutions to maximize the use of fund to solve the City’s transportation issues. The Department is working on recognition of a northern transportation route through the tortoise reserve. He told Council Members that Ryan Marshall, Transit Manager, has done a great job in developing the transit program. Ridership has increased from 55,000 rides when the program began, to approximately 400,000 rides per year. Mr. Esplin requested that a transit expansion plan be developed and brought before Council. Water Services Barry Barnum, Water Services Director, expressed his appreciation for the support of the Mayor and Council as well as other department heads. He noted that the largest project the Department is involved with is building the East Bloomington water tank. This tank will serve upper Sun River and development near Miles Post 2. An irrigation pond will also be developed. He said that this is a good water year. Gunlock Reservoir is still over flowing and the Water Conservancy District is doing a good job managing Quail Lake. When questioned as to whether or not it would be possible to capture water from the Santa Clara River and divert it to the Reuse Line, Mr. Barnum indicated that he has received money from FEMA for this purpose. He stated he thought it would take years for the reuse water to be used, but it is already in good demand. When questioned regarding bringing reuse water to the Ledges, he indicated that it is a very steep lift and may cost the developer upwards of $1.5 million. St. George City Council Minutes May 26, 2011 Page Six Mr. Barnum spoke of a water tank in the industrial park that needs to be refurbished. A new membrane was put in years ago, but is now leaking again. Finance Phillip Peterson, Finance Director, praised his employees and indicated that while managing the City’s finances, they sometimes forget to take care of themselves. This year, however, they have requested new hardware and software to upgrade the finance and utility billing systems. He explained the enhancements and how they would affect operations. Mr. Peterson spoke of meeting the State deadline for posting the City’s financial records online so that financial transparency can be achieved. St. George was one of the few cities in the state to meet this deadline. He told Council Members that there are some utility bill collection issues that he will bringing before them at a later meeting for discussion. Leisure Services Kent Perkins, Leisure Services Director, expressed appreciation for the cooperation between Departments. He felt it is exciting to be a part of City staff. Recreation Mr. Perkins told Council Members about programming efforts in Recreation. He said that it has been a year of many successes and indicated that revenues are up 16% this year, even at the Sand Hollow Aquatic Center (SHAC). Mr. Perkins spoke of a grant which staff has procured to allow them to teacher economically disadvantaged children to swim. The program has been a big success. This year the 100,000th runner will cross the finish line of the St. George Marathon, which is in its 38th year. There are plans to give that runner a lifetime pass to the marathon. He said staff is creating a new website which will honor running legends. There will also be expanded information, facts and statistics. Dixie Center Expenditures are down and revenues are up. Staff is working on a program to track exactly what it costs to run the Dixie Center. They will analyze all costs for each event and by the end of the year should have some good, solid information for Council. Parks Mr. Perkins gave some statistics regarding parks. Staff maintains 38 parks encompassing 3,000 acres; 21 trail heads; 16 trails; and 38 parking lots. Approximately 20,000 flowers, from the City greenhouse, have been planted; there are 2,500 trees on the tree farm; and there were 1,200 parks reservations. The west side of the Tonaquint cemetery will be planted with sod this year and St. George City Council Minutes May 26, 2011 Page Seven lots will be sold. Parks personnel have an average of seven certifications each. An updated Trails Masterplan will be presented to Council in an upcoming meeting. Art Museum A new employee, Deborah Reeder, Art Museum Curator, is negotiating with clients to obtain art collections. Three collections have been pledged to the Art Museum. Other Projects There is a group of citizens who would like to help build 24 pickle ball courts to be used for national events. They would like them to be placed in the Tonaquint Park, but Mr. Perkins felt that the JC Snow Park would be a much ...

...er 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. MISCE...

...w density residential to medium density residential on 5.92 acres north of Tonaquint Drive on Mesa Palms Drive north of and adjacent to the Beehive Homes. The Planning Commission recommended that a public hearing be scheduled to consider this general plan amendment for November 5 at 5:00 p.m. MOTION: A motion was made by Councilmember Bunker to set the public hearing as recommended. SECOND: The motion was seconded by Councilmember Pike. VOTE: Mayor McArthur called for a vote, as follows: Councilmember Bunker - aye Councilmember Pike - aye Councilmember Allen - aye The vote was unanimous and the motion carried. PRELIMINARY PLAT: Cathy Hasfurther advised that the Planning Commission recommended approval of the preliminary plat for Tonaquint Chapel Subdivision, a one lot subdivision, located west of Tonaquint Drive and south of the termination of 1600 West Street. The property is zoned R-1-10 and R-1-40. MOTION: A motion was made by Councilmember Allen to approve the preliminary plat. SECOND: The motion was seconded by Councilmember Pike. VOTE: Mayor McArthur called for a vote, as follows: Councilmember Allen - aye Councilmember Pike - aye Councilmember Bunker - aye The vote was unanimous and the motion carried. FINAL PLATS: Cathy Hasfurther advised that the Planning Commission recommended approval of six final plats: Tonaquint Chapel Subdivision, Morningside Professional Plaza, The Casitas a...

...t the Planning Commission recommended approval of the preliminary plat for Tonaquint Terrace at Southgate to remove two lots and reconfigure the roadway to accommodate a proposed church site. The existing street will be stubbed out and turned into a culdesac. Councilmember Pike declared a conflict of interest through the LDS Church, but stated he had no financial benefit so will participate in the discussion and vote. Councilmember Shakespeare commented at the Planning Commission there was a lot of discussion about the hillside and how it will be terraced to solve some hillside issues. MOTION: A motion was made by Councilmember Shakespeare to approve the preliminary plat. SECOND: The motion was seconded by Councilmember Allen. VOTE: Mayor McArthur called for a vote as follows: Councilmember Shakespeare - aye Councilmember Allen - aye Councilmember Pike - aye Councilmember Bunker - aye St. George City Council Minutes August 6, 2009 Page Seven The vote was unanimous and the motion carried. HILLSIDE PERMIT: City Planner Ray Snyder displayed site plans and photos of the proposed church site located on the west side of Tonaquint Drive at 2500 South. He advised that the Planning Commission recommends approval subject to five conditions: (1) the applicant shall follow the recommendations of the geotechnical letter and report; (2) the applicant shall follow the recommendations of the drainage report; (3) the concrete retaining walls shall be color tinted to blend in with the natural rock color of the immediate vicinity; (4) the applicant shall provide a cross section that demonstrates that the church will not be seen in Bloomington protruding above the adjacent cuesta; and (5) orange temporary fencing shall be installed to indicate limits of disturbance. Councilmember Bunker inquired if there will be a deceleration lane. Mr. Snyder replied there would not. Councilmember Bunker commented a deceleration lane should be required on such a busy street. Community Development Director Bob Nicholson explained there will not be a driveway off Tonaquint Drive; a side road provides access into the site. MOTION A motion was made by Councilmember Pike to approve the hillside permit subject to the conditions recommended by the Planning Commission and Hillside Review Board. SECOND: The motion was seconded by Councilmember Bunker. VOTE: Mayor McArthur called for a vote as follows: Councilmember Pike - aye Councilmember Bunker - aye Councilmember Allen - aye Councilmember Shakespeare - aye The vote was unanimous and the motion carried. CONDITIONAL USE PERMIT: Consider approval of a request for a conditional use permit for a short pour concrete batch plant located at 630 N. Red Rock Road in the St. George Industrial Park. Glen Bishop, applicant. City Planner Ray Snyder presented photos of the site. He explained the applicant will use the existing 800 sq. ft. building for an office. The Planning Commission recommends approval subject to the following conditions: (1) the operation shall comply with NPDES; no wash-up discharge shall enter the City storm drain system and the applicant shall encourage customers to wash the mixers before returning them; (2) inspection and approval is required by the Building Department prior to occupancy of the business; (3) there shall be a maximum of five trailers on display on site due to the site size, parking requirements and batch plant equipment placement; (4) maintain a clear site area at the corner of the intersection for traffic safety; (5) if the use intensifies the City Council shall re-evaluate the conditional use permit; and (6) the applicant shall adhere to the findings. There is adequate parking. Councilmember Shakespeare expressed concern about the limited parking. She advised that the applicant has an agreement with an adjacent property owner for use of a few parking spaces. She inquired what would happen if that agreement were terminated. Councilmember Pike replied that the conditional use permit could be terminated. MOTION: A motion was made by Councilmember Bunker to approve the conditional use permit subject to the recommendations of the Planning Commission and in accordance with the findings. SECOND: The motion was seconded by Councilmember Pike. VOTE: Mayor McArthur called for a vote as follows: St. George City Council Minutes August 6, 2009 Page Eight Councilmember Bunker - aye Councilmember Pike - aye Councilmember Shakespeare - aye Councilmember Allen - aye The vote was unanimous and the motion carried. CONDITIONAL USE PERMIT: Consider approval of a request for a conditional use permit to construct a detached garage with a height up to 25' to the roof peak located at 2304 East 2190 South in the Greystone Estates Subdivision. Jerry Bilanzich, applicant. City Planner Craig Harvey explained that the zoning is R-1-10. He presented photos of the site. The applicant is required to obtain a letter from the JUC because he is locating the garage over an easement. Mayor McArthur inquired of Mr. Harvey if the applicant knew if something happened and the City needed to access the easement, the City could take down the garage and the applicant would have to rebuild it at his expense? Mr. Harvey replied the applicant is aware of this. The Planning Commission recommended that the garage be moved 2.5 feet out of the easement. The applicant advised he would do so if the Planning Commission made that a condition of approval, but they did not. City Manager Gary Esplin commented that the Planning Commission gave the applicant a choice. MOTION: A motion was made by Councilmember Allen to approve the conditional use permit, commenting there are many similar garages in the area and this one seemed to fit. SECOND: The motion was seconded by Councilmember Bunker. VOTE: Mayor McArthur called for a vote as follows: Councilmember Allen - aye Councilmember Bunker - aye Councilmember Pike - aye Councilmember Shakespeare - 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 Open Space to RE-37.5 on 0.95 acre located at 660 West Man O War Drive in Bloomington. Ken Young, applicant. City Planner Craig Harvey explained the original request was to rezone the entire parcel of 3.94 acres. The Planning Commission did not feel this was appropriate as it would allow the applicant to subdivide the land into one acre parcels and have four homes. The applicant amended his request to make one lot so only one home can be placed on the property. The site is not within the 100 year floodplain however it is within the erosion hazard boundary line. Mayor McArthur commented he stood on this very site in 2005 and there was water. He stated he worried about building anything in this area as he felt it would be flooded again. Mr. Harvey presented photos of the site. He advised that the Planning Commission recommended approval on a seven to zero vote subject to the following conditions: (1) the applicant shall sign a flood hazard waiver to be kept on file with the City; (2) no fill on the site except where the dwelling will be located; (3) the driveway must be aligned with the Bloomington Man O War Park east driveway entrance; (4) the applicant must adhere to the recommendations made by Rosenberg Associates with regard to mitigating the erosion hazard issue, and (5) the applicant must dedicate the appropriate easements to the City. Staff recommends that the zone change be contingent upon approval of a lot line adjustment. He commented that even though the Planning Commission recommends approval, staff is uncomfortable with approving the request. St. George City Council Minutes August 6, 2009 Page Nine Jay Sandberg explained that initially the Planning Commission was not in favor of the request and reducing the acreage was a compromise. The property was zoned Open Space long before the flood plain maps were adopted. Recommendations with regard to monitoring the erosion protection and ongoing maintenance is always difficult with single property owners. The mapping for the flood line was done after the river had been cleaned and dredged and vegetation removed. Not too long after the maps were adopted in 1987 the flood plain came further up into the property. Practically speaking, there is more potential for the flood plain to go back to where it originally was. Staff is hesitant with the request as the initial intent of the erosion boundary was not to limit construction, but to require developers to develop to a higher standard to mitigate erosion. If the property is already zoned Open Space, staff is hesitant to support the zone change to a residential use within the erosion hazard boundary. Rick Rosenberg commented that his firm performed the erosion hazard assessment. The property has been flooded twice in the past 25 years. Erosion on this site has been fairly minimal. The erosion hazard boundary lines can be modified over time and relocated. He advised he is familiar with the improvements and what has happened historically on the site. The building will be elevated above the road and significantly above the 100 year flood plain. The last flood had a very minor impact on the back of the property with no erosion damage to the site. The project will better existing conditions and protect adjacent properties. The rock walls were not designed for a 100 year event and there will be flooding behind it and adjacent to it. The applicants were there during the flood of 2005 and are not new to the concept and understand the process. They have always wanted just one unit and had no intention of subdividing the land into multiple units. What has been learned from the flood has been incorporated into this plan and grading will be done to comply with the master plan. Additional geotechnical work is proposed which was not available when the erosion hazard study was done. Clear access to the river will be provided for maintenance and the new home will be one of the better protected homes in the area because of the new standards. Councilmember Pike inquired what kind of build up or rip rap would be done. Mr. Rosenberg replied that rip rap is one option, as is a concrete flood wall. The amount of fill will be limited and just the home will be elevated. A deep foundation system will be used. Mayor McArthur opened the public hearing. Councilmember Allen commented the City Council received one letter in favor of the project from a neighbor. Mayor McArthur commented that two different master plans have been spoken of - the City?s master plan and the river master plan. He expressed concern about adding anything closer to the river in the open space. He stated that while the flood mitigation is good, he could not see adding more residences in the area. Councilmember Bunker commented that while she feels strongly that people who own property should be able to develop the property the way they want to, she is worried for whoever will purchase this property down the road, as many do not read the fine print. She stated that due to the devastation she witnessed during the flood of 2005, she could not be persuaded that the request is a good idea. Councilmember Pike commented that the flooding problems in Bloomington were different than those near the Santa Clara River. The problems along the Virgin River were experienced by those who had basements. Only a few homes sustained damage due to sandbagging and walls. None of the homes along the Virgin River fell into the river. He stated he lives along the Virgin River and built his home after the flood. He stated he built his home up higher and has a flood wall and the yard has been sloped downstream. He stated he felt if the applicant builds the home following the recommendations of the Planning Commission and Rosenberg Associates, he will have made every effort. Councilmember Allen commented she felt that the declarations should be recorded with the land and the City should not be held liable in a situation like this where someone is aware that flooding can happen. St. George City Council Minutes August 6, 2009 Page Ten Rick Rosenberg explained that the erosion during the flood of 2005 took place along the Santa Clara River; there was some limited erosion along the Virgin River but in a localized area and not widespread. The Virgin River has the potential to move laterally, as shown by history. He stated he had respect for the River and in some areas improvements can be made to better the community and protect property, and the project in question is one such area. The required improvements will be expensive but will improve the overall situation. Mayor McArthur commented that if this request is approved, others will want to do the same with their properties. He stated a mistake could be made by changing zoning which was put in place to protect open space and the Virgin River drainage. There being no public comments, Mayor McArthur closed the public hearing. Councilmember Shakespeare commented that at the Planning Commission meeting, the Planning Commission went back and forth, but they did approve the request. However, she has real concerns about rezoning the property. Councilmember Pike commented there is a lot of open space and a little can be spared. He stated there are a lot more homes more at risk than this one will be. The property owner has done all he can do and at a great deal of expense, and if chooses to complete the project, more power to him. Councilmember Allen inquired how many other properties have the potential to request this same rezoning. Rick Rosenberg replied as one goes downstream, the lots and area decreases. He stated in his mind it would make sense to allow the zone change as there are homes built between there and the river, and this piece of property tucks back in. There will be a few more similar requests, however. MOTION: A motion was made by Councilmember Bunker to deny the request. SECOND: The motion was seconded by Councilmember Shakespeare. VOTE: Mayor McArthur called for a roll call vote, as follows: Councilmember Bunker - aye Councilmember Shakespeare - aye Councilmember Allen - no Councilmember Pike - no Mayor McArthur - aye The motion carried and the request was denied. PUBLIC HEARING/ROADWAY DEDICATION AND VACATION: Public hearing to consider a request for a roadway dedication and vacation for Rustic Drive, a public street located at approximately 1900 East and 2660 South on the east side of River Road. Jay Sandberg explained this is the site being developed by the LDS Church. They would like to abandon a stub part of the original subdivision. They have also negotiated for property for a turn off River Road into Rustic Drive. The plat indicates the abandonment and dedication. Mayor McArthur opened the public hearing. There being no public comment, he closed the public hearing. MOTION: A motion was made by Councilmember Allen to approve the roadway dedication and vacation for Rustic Drive. SECOND: The motion was seconded by Councilmember Bunker. VOTE: Mayor McArthur called for a vote, as follows: Councilmember Allen - aye Councilmember Bunker - aye Councilmember Shakespeare - aye Councilmember Pike - aye St. George City Council Minutes August 6, 2009 Page Eleven The vote was unanimous and the motion carried. PUBLIC HEARING/AMEND PLAT: Public hearing to consider a request to amend the plat for Shadowbrook Homes 2nd Amended Plat D with 22 single family lots located at approximately 970 East and 770 South in a Planned Development Residential zone. Roger Dudley, applicant. Jay Sandberg explained that the HOA owns open space which has not been utilized so they have replatted to build larger units in that area. 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 amended plat. SECOND: The motion was seconded by Councilmember Pike. VOTE: Mayor McArthur called for a vote as follows: Councilmember Bunker - aye Councilmember Pike - aye Councilmember Shakespeare - aye Councilmember Allen - aye The vote was unanimous and the motion carried PUBLIC HEARING/AMEND PLAT: Public hearing to consider a request to amend and extend the final plat for Tonaquint Hills Phase 1 Amended and Extended No. 2 to abandon a section of ...

...ks & Recreation Proposed Project List; Fields Phase V – Concept Plan; Tonaquint Heights Soccer – Phase 1 of 3; South Block Regional Park; and RAP Tax Project Priority List. City Manager Gary Esplin suggested taking the middle option listed on the RAP Tax project priority list. Kyle Paisley stated that he and Travis Wilkinson have been working on this issue for a long time. There a couple of issues - local use and tournament use. Tournament use builds the overuse. He commented that staff is headed in the right direction with the number of fields. Other cities need to contribute to building the needed fields. St. George City Council Minutes August 27, 2015 Page Eight Regarding the regional park on the south block, it needs to be done by the County. You can’t ask large events to come here without releasing the majority of the money back to fund the events. Fields at Tonaquint and Little Valley would give enough to rotate and keep all of the...

...pproval to pay for impact fees in 12 equal payments with utility bill. Tonaquint Data Center, applicant. City Manager Gary Esplin advised the request is to increase the monthly energy fee for the Tonaquint Data Center to recover the impact fee over the next 12 months. ...

...ember Bunker inquired where the drop off point would be if the Dixie Drive/Tonaquint/Bloomington route were used. Mr. Gubler replied the drop off point is the Man O War bridge. Council Member Bunker stated that this route would require hauling through residential areas. St. George City Council Minutes February 16, 2006 Page Three Mr. Gubler replied hauling would be required for only 2/10 of a mile through residential areas. Ron Whitehead confirmed that the south access near Man O War bridge would only be used if access could not be obtained through the Atkinville Wash. Mr. Gubler inquired if that access had been obtained. Mr. Whitehead replied that he was working on it right now. Mr. Gubler displayed a map of all vehicle crash locations throughout the city, and advised that the area he proposes as a route is the lowest crash area. Gail Maxwell explained that he is the Chairman of the Bloomington Community Council, and supports the southern corridor route. While he has nothing against the Gubler pit, he strongly disagreed with trucks using the back way into Bloomington on a two lane road through its residential area, and fees the southern corridor route does not bother anyone and is completely traffic and residential free. Stan McConkie stated that most of the Bloomington residents have learned to negotiate the roundabout, but out of town visitors have not and pose a danger. Everyone he has spoken to in the community is concerned with the heavy truck traffic, and he invited Mr. Gubler to ride bikes with him over the proposed Tonaquint route. He stated this route is at least a mile over a very narrow road and would impact significant areas of residential development. He stated the southern route is in his neighborhood and is far more preferable than having trucks pass the school or coming over Tonaquint through residential neighborhoods. Council Member Gardner inquired who would issue the access permit at the south end of Sugar Leo. Ron Whitehead replied that only permission of the private property owner was needed. Council Member Gardner inquired of Mr. Whitehead if he was sure the property owner would grant access. Mr. Whitehead replied that he has been told the property owner will grant permission. A letter has also been sent to the property owner, and he is trying to reach him by telephone. Council Member Gardner inquired of Mr. Whitehead why this access wasn?t secured before this point. Mr. Whitehead replied that the drop dead date for the first contract will end the middle of April, but the NRCS is considering an extension of a few additional weeks. The NRCS deadline is the first of May. Council Member Gardner inquired how many suppliers could get the bid. Mr. Whitehead replied that it has been set up as one bid. The middle portion will consist of two. The winning bidder has the option of working out of the SITLA piece, or the gypsum mine because the City has a free-use permit for both sites. Everyone will be allowed to bid, and no one is being excluded. The pit suppliers will make the rock available to any bidder. Mr. Whitehead explained that if the first choice of access to the river off Sugar Leo Road cannot be secured, there is an alternate plan right next to it, but the first location is the preferred one. Council Member Gardner inquired about the next contracts to be let. Mr. Whitehead explained that he met today with the NRCS and Mike Smith and a representative from Washington City to outline access points. Right now they are tentatively looking at a site behind the Dixie Center on the bottom end, and possibly near the tire store where the new road will be built behind the Dixie Center. Council Member Gardner commented that while the City may now have the luxury of avoiding neighborhoods, it will not have the same option in other projects. Mr. Whitehead replied that most neighborhoods will be avoided as most of the area is commercial. If coming from the west side, Mr. Gubler could come down Sunset, then Bluff, and across by the Dixie Center or Riverside Drive. Jim Anderson, one of the bidders on the project, stated that the winning bidder could still come down Bluff Street through St. George to River Road and take the southern route. He stated that Dixie Drive is a safe street and the best route if bid from the Gubler pit. He inquired if the winning bidder would be selected based on the safest route from the nearest pit. Council Member Orton replied that this is an NRCS project and has been approved by them. The City is looking for the safest route to protect its neighborhoods. St. George City Council Minutes February 16, 2006 Page Four Mr. Anderson commented that in Phase 1 sediment is being hauled out with different trucks from those hauling the rock in. Russ Limb commented that he owned a rock pit and has ten trucks hauling across Man O War. He said the project could be completed using ten trucks five days a week in 45 working days. If two more trucks were added, Phase 2 could be done out of his pit. Using the southern corridor route would add 7.5 miles to the route now being used and would take twice as many trucks and three times the cost. He suggested the hauling route be opened up and not be regulated, impacting all roads, so that everyone has a fair shot at the bid. Jon Pike commented that he lives on Mulberry Drive on the west side of the river and although concerned about the increased cost, his biggest concern was the many children who walk or ride their bikes across the Man O War bridge each day to get to school. He recommended that the southern corridor route be used. Rick Wheatly, CD Transport, commented that the proposed souther corridor road will tear up the trucks due to six to eight foot drops and suggested the routes be unregulated or the Gubler pit be used. He stated that with use of tarps to cover the loads, caution lights, and flag men, the back route through Bloomington could be made safe. He stated he has seen rocks fall off of trucks in the roundabout, and the Tonaquint route is the safest way to go. City Attorney Shawn Guzman suggested an executive session be held. ADJOURN TO EXECUTIVE SESSION: MOTION: A motion was made by Council Member Orton to adjourn to an executive session to discuss potential litigation. SECOND: The motion was seconded by Council Member Bunker. Council Member Whatcott commented that Tonaquint is the roughest road in St. George and extremely steep. Rick Wheatly replied that it was not as steep as the road in front of Flying J. The speed limit on Tonaquint is 25 mph, and the speed limit by Flying J is 45 mph. The Atkinville dirt road will also tear up transmission. City Attorney Shawn Guzman replied that the road will be graded. Council Member Gardner inquired where the proposed entrance point to the river would be if the Tonaquint route were used. Ron Whitehead replied that the trucks would have to cross the Man O War bridge and enter on pasture ground by the river. Council Member Orton commented the pasture area was private property. Ron Whitehead commented that the trucks could turn right onto Sugar Leo Road and come in at the bottom of the river, but this would still impact fences and pasture area. Council Member Gardner inquired if there was enough NRCS funding to cover the extra cost of the Atkinville access. Ron Whitehead replied that there was enough money to build the road. He stated that the project was a County project, as the County is the contracting agent with the NRCS. The County may not like the routes chosen, but it has been sensitive to the communities and wants to respect local jurisdictions. VOTE: Mayor Pro Tem Allen called for a roll call vote, as follows: Council Member Orton - aye Council Member Bunker - aye Council Member Whatcott - aye Council Member Gardner - aye Mayor Pro Tem Allen - aye The vote was unanimous and the motion carried. Before adjourning into executive session, Mayor Pro Tem Allen invited Scouts in the audience to introduce themselves. RECONVENE: MOTION: A motion was made by Council Member Whatcott to reconvene. SECOND: The motion was seconded by Council Member Bunker. VOTE: Mayor Pro Tem Allen called for a vote, and all voted aye. The motion carried St. George City Council Minutes February 16, 2006 Page Five MOTION: A motion was made by Council Member Orton to deny the request to change the bid process and proceed with the bid as presented by the County based on the safety of the neighborhoods, school, and traffic congestion in the roundabout. He commented that the property owners along the river in Bloomington were told that in exchange for their easements, the City would do everything it could to enter the river where proposed. SECOND: The motion was seconded by Council Member Bunker. VOTE: Mayor Pro Tem Allen called for a vote, and all voted aye. The motion carried. PUBLIC HEARING/AMENDED PRELIMINARY PLAT: Public hearing to consider approval of the amended preliminary plat for Sun River Phase 18 located off Angel Arch Drive south of Sun River Parkway. Darcy Stewart, applicant. Associate Planner Mark Bradley explained that the applicant would like to incorporate two open space areas as new pad sites. The Planning Commission recommends approval. Council Member Whatcott commented that there is a need for a fire station in the Sun River area, and this issue has been bounced around for years during which time land prices continue to rise. He stated he was uncomfortable approving any additional plats until a definite site for the fire station was worked out. Scott McCall, representing Sun River, advised that a site has been located. Council Member Whatcott commented that the site was on SITLA property, not on Sun River property, and more definitive action was needed. Mr. McCall stated that the fire station site just had to be in the area. Council Member Whatcott commented that the fire station site has been discussed for two years, and now the same site is three times the cost. Something more than talking about it needs to be done, and then preliminary plats can be discussed. Mr. McCall replied he was not sure what Sun River could do to make the deal close. Council Member Whatcott stated that the Sun River residents are the ones complaining there is no fire station. Mr. McCall replied that discussions were under way. Council Member Gardner inquired of Mr. McCall if Sun River had control of the site. Mr. McCall replied that Sun River did not have control of the site, but has volunteered to do the site grading. The location has been discussed with Chief Stoker and Matt Loo, and everyone likes the site. He stated it was his understanding the matter was in Chief Stoker?s court. Chief Stoker stated that the original Sun River concept plan showed a fire station site by the LDS Church, but was since bounced around from site to site, and now is not on Sun River?s plans at all. The site now being looked at is 4500 South Pioneer Road on SITLA property which means the City has to negotiate with SITLA. Council Member Allen inquired of Mr. McCall if there was any property in Sun River on which to locate the fire station, as SITLA has been charged with getting the highest price possible for its property. Additionally, the City can?t use its impact fees to buy equipment, so cost is a concern. Council Member Gardner inquired about the timeline to purchase the site. Chief Stoker replied that the fire station was needed now, but the City has to wait for SITLA?s design for the property. Council Member Gardner inquired why the Sun River sites did not meet approval. Chief Stoker replied that through the years the site has been moved around and did not meet ISO requirements. The proposed site is the best site yet. Council Member Orton commented that Sun River is the highest density area and should provide a fire station site to meet the needs of its community as well as tie into the City?s trail systems. Sun River has not supplied any trail systems. Before any further development is approved in Sun River, he felt the overall Sun River plan should be looked at. Community Development Director Bob Nicholson commented that it would be nice to get these issues resolved, whether now or before the final plat is approved. St. George City Council Minutes February 16, 2006 Page Six Council Member Orton commented he would hate to see Sun River completely built out without tying into the overall plan the City is trying to do. Mr. McCall commented that a master trail map has been prepared, and there have been recent meetings about it and discussions are actively underway. Council Member Whatcott commented that discussions have been held for two years and nothing has happened, and perhaps the only way to get Sun River?s attention is to say no more plats until the issue is resolved. Council Member Orton commented he wanted to review Sun River?s master plan with staff. City Attorney Shawn Guzman commented that the review should not be limited just to trails, but also the fire station to make sure meaningful progress is being made to secure a site. Council Member Orton suggested the matter be tabled. Mr. McCall stated that Phase 18 contained just two lots and requested that the preliminary plat be approved, while holding off on Phase 21 until a meeting can be scheduled. Council Member Gardner commented that the fire station sites proposed by Sun River were moved because the City rejected them. Council Member Whatcott replied that a fire station could not be located behind a corner, but had to be on a main road, and that was the reason the sites were rejected by the City. Community Development Director Bob Nicholson suggested that the matter be scheduled on the work meeting agenda for February 23. City Attorney Shawn Guzman recommended that City staff be directed to attend the work meeting with any concerns they may have with regard to density, potential growth, and needs of the City. Support Services Director Marc Mortensen stated that the appropriate Sun River staff should also be present. Drake Howell, representing SITLA, advised that Gary Wood has been in communication with the Fire Chief and Sun River. While SITLA cannot do anything about the land prices, he urged action be taken to approve both Sun River Phase 18 and 21 tonight. Mayor Pro Tem Allen opened the public hearing. There being no public comment, she closed the public hearing. MOTION: A motion was made by Council Member Orton to approve the preliminary plat for Phase 18. SECOND: The motion was seconded by Council Member Gardner. VOTE: Mayor Pro Tem Allen called for a vote, as follows: Council Member Orton - aye Council Member Gardner - aye Council Member Bunker - aye Council Member Whatcott - no Mayor Pro Tem Allen - aye The motion carried. PUBLIC HEARING/PRELIMINARY PLAT: Public hearing to consider approval of the preliminary plat for Sun River Phase 21 located at Angel Arch Drive and Grapevine Drive. Darcy Stewart, applicant. Mayor Pro Tem Allen opened the public hearing. There being no public comment, she closed the public hearing. MOTION: A motion was made by Council Member Bunker to table the matter until after the work meeting. SECOND: The motion was seconded by Council Member Orton. VOTE: Mayor Pro Tem Allen 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 East Ridge Phase 6 located at 50 South and East Ridge Drive. Mark Blanscett, applicant. Associate Planner Mark Bradley explained that this site is the remaining phase to be platted on Foremaster Ridge, is the southernmost phase of East Ridge, and is the St. George City Council Minutes February 16, 2006 Page Seven connecting link between East Ridge Drive and Crestline Drive. As part of the Foremaster development East Ridge Drive was tapered to 50' to the intersection and on both sides a 30' ridgeline setback is proposed. The Planning Commission recommended approval subject to the applicant constructing a rock wall along the abrupt edge similar to the Foremaster development to continue the ridgeline standard and compliance with the 30' building setback from the abrupt edge. Staff suggests that fencing be limited to black or dark brown wrought iron, and that rocks be stained. He clarified that if the applicant wanted to put up a fence, it would have to be located behind the rock wall on the upper edge. No other accessory buildings could be built within the 30' setback. A geotech engineer will still need to state how close a home can be built to the edge. Nathan Moses stated the Planning Commission asked for a rock wall, but the developer requests that no walls be allowed throughout the subdivision. He clarified that while no accessory building could be built within the 30' setback, a below-ground swimming pool could. Community Development Director Bob Nicholson stated that if the applicant wants to leave the edge natural, and not construct a rock wall, this would be great. The Planning Commission?s concern was that it had to be done one way or the other for consistency. Mayor Pro Tem Allen inquired if the pads were going to be built up. Mr. Blanscett replied that the pads would not be built up and walk-out basements would be built. Mayor Pro Tem Allen opened the public hearing. Brian Kemp advised that his neighbors asked him to appear and express their concern about traffic and the need to slow it down. He suggested that ? S? curves be incorporated into the road design in order to slow the traffic. Jay Sandberg advised that the road was decreased from 60' in width to 50' which calms traffic, and a cross street was added to balance the traffic. Support Services Director Marc Mortensen inquired if a stop sign could be placed at one of the intersections. Mr. Sandberg replied that he would look at this. Mike Reynolds stated that there was no real purpose for building a rock wall, and stated he would prefer the edge be left open. There being no further public comment, Mayor Pro Tem Allen closed the public hearing. MOTION: A motion was made by Council Member Gardner to approve the preliminary plat, leaving the natural ridgeline open with no walls or fences or encroachments on the ridgeline, and subject to the recommendations of the Planning Commission and staff. If a barrier is needed to protect children, then wrought iron will be allowed. A swimming pool will be allowed, but no block walls or accessory buildings within the setback. SECOND: The motion was seconded by Council Member Whatcott. VOTE: Mayor Pro Tem Allen called for a vote, as follows: Council Member Gardner - aye Council Member Whatcott - aye Council Member Orton - aye Council Member Bunker - no Mayor Pro Tem Allen - 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 with a development agreement on 12 acres located at the southeast corner of the intersection of 3000 East and Seegmiller Drive. Bill Haltom, applicant. Community Development Director Bob Nicholson explained that the project is located south of Bridle Gate Estates. Bridle Gate Estates was approved one year ago with RE-12.5 zoning with a development agreement to stipulate the improvements and maintain consistency with the General Plan. The General Plan indicates rural residential up to a maximum of two units per acre. This request is consistent with the General Plan. The subject property consists of 12 acres. Horse and pedestrian paths will be dedicated to the City. There will be a horse path along 3000 East behind the 90' right of way and pedestrian paths maintained by an HOA. The applicants also agreed to build the horse paths to City standards, which the City is currently working on. The development agreement will limit density to two units per acre. The applicant is looking at some neo-traditional designs and plans to have a landscaped setback on interior roads, a planter St. George City Council Minutes February 16, 2006 Page Eight strip and then the sidewalk and then the front yard, with a HOA to maintain the planter strip between the sidewalk and curb and gutter. The Planning Commission recommends approval. Bill Haltom, applicant, explained that the overall theme is a neo-traditional subdivision where the sidewalk is pulled back to create an 8' greenbelt. There will be a little over two acres in trails and linear parks, and five acres between the parks, rights-of-way, roads and streets. All of the green areas will be maintained by a HOA. He stated that he would build both parts of Seegmiller Drive and the 10' landscaped area and dedicate all of the canal land to the City. Once the canal is piped there will be room for the horse trail and bike path. Setbacks will also be staggered to create diversity. The intent is to create 24 craftsman-style homes in a neo-traditional subdivision. He stated that he anticipated block walls around the homes. Front yard landscaping will be required prior to occupancy. Mayor Pro Tem Allen opened the public hearing. Jeff Rawlings recommended that the City and Washington City work with the canal company to secure these rights-of-way for use as trails. Mayor Pro Tem Allen closed the public hearing. MOTION: A motion was made by Council Member Whatcott to approve the zone change without the development agreement. SECOND: The motion was seconded by Council Member Orton. VOTE: Mayor Pro Tem Allen called for a roll call vote, as follows: Council Member Whatcott - aye Council Member Orton - aye Council Member Bunker - aye Council Member Gardner - aye Mayor Pro Tem Allen - aye The vote was unanimous and the motion carried. Associate Planner Mark Bradley commented that the project to the north was approved with a development agreement, and the City Council may want to tie the zone change to the concepts expressed by the applicant. City Attorney Shawn Guzman commented that a zone change could not be conditional, but the City Council could include in the motion that a development agreement be required at the preliminary plat stage. However, if the applicant is willing, the development agreement could be tied to the zone change. Mr. Haltom, applicant, advised that it was his intent to have the development agreement in place, and in fact, the City has a signed copy of it. City Attorney Shawn Guzman commented that since the applicant was willing, the development agreement could be included as part of the motion. MOTION: A motion was made by Council Member Whatcott to approve the zone change with the development agreement. SECOND: The motion was seconded by Council Member Gardner. VOTE: Mayor Pro Tem Allen called for roll call vote, as follows: Council Member Whatcott - aye Council Member Gardner - aye Council Member Orton - aye Council Member Bunker - aye Mayor Pro Tem Allen - aye The vote was unanimous and the motion carried PUBLIC HEARING/PRELIMINARY PLAT: Public hearing to consider approval of the preliminary plat for the Cottages at Fossil Hills located southeast of the River Road and Brigham Road intersection. Sean Glathar, applicant. Associate Planner Mark Bradley explained that the proposed project is broken into five phases. The first phase will contain three buildings. The overall project is 13.5 acres with 109 units, for a density of 8.07 units per acre. The area has been designated as 12 units per acre, but the density has been reduced because of the site and layout of the design. The first phase will contain the clubhouse and pool. The site is isolated because of an adjacent hillside. The site fronts River Road, and because of the intersection location, one of the conditions recommended for approval is installation of a median so the north access is right-in right-out only. There will also be a deceleration lane because of the Dixie REA power poles. The Planning Commission recommends approval subject to (1) finalizing the north bound (south access) deceleration location, length and width, (2) site plan and building elevation approval, (3) installation of a median on River Road St. George City Council Minutes February 16, 2006 Page Nine from the Brigham Road intersection to south of the north access, establishing the north access as a right in right out access only, and (4) further studies on site distance, striping, and future pedestrian crossing. Sean Glather, applicant, advised that certain features have been incorporated into the building design to soften its impact, and the site plan will be pleasing to the residents with a pool, clubhouse, tot lots, and a trail system within the community. The roof material will be tile, and the units will be townhomes. Mayor Pro Tem Allen opened the public hearing. There being no public comment, she 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 Orton. VOTE: Mayor Pro Tem Allen called for a vote, and all voted aye. 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 establish site development standards for the Ft. Pierce Industrial Park. City of St. George, applicant. Community Development Director Bob Nicholson explained that the proposed ordinance incorporates some of the site development standards of the Ft. Pierce Industrial Park, such as setbacks and landscaping requirements into the City Code. He then reviewed the proposed standards. The Planning Commission recommends approval. Mayor Pro Tem Allen opened the public hearing. Drake Howell, representing SITLA, encouraged approval of the ordinance. There being no further public comment, Mayor Pro Tem Allen closed the public hearing. MOTION: A motion was made by Council Member Gardner to approve the ordinance. SECOND: The motion was seconded by Council Member Orton. VOTE: Mayor Pro Tem Allen called for a roll call vote, as follows: Council Member Gardner - aye Council Member Orton - aye Council Member Bunker - aye Council Member Whatcott - aye Mayor Pro Tem Allen - aye The vote was unanimous and the motion carried. SITE PLAN AND BUILDING ELEVATION FOR THE COTTAGES AT FOSSIL HILLS: Associate Planner Mark Bradley explained that the site will have a desert scape with lawn in front of the units and around the tot lot. The Planning Commission tabled the first request in order for the applicant to dress up the sides of the buildings. Sean Glather, applicant, explained that there have been challenges in this area. The units will be raised up above River Road, but the impact will be softened with landscaping. The buildings fit against the hills. MOTION: A motion was made by Council Member Gardner to approve the site plan and building elevations. SECOND: The motion was seconded by Council Member Bunker. VOTE: Mayor Pro Tem Allen called for a vote, and all voted aye. The motion carried. Mayor Pro Tem Allen called for a five minute break. CONSENT CALENDAR: Consider approval of the financial statement for January, 2006. MOTION: A motion was made by Council Member Gardner to approve the financial statement as presented. SECOND: The motion was seconded by Council Member Orton. VOTE: Mayor Pro Tem Allen called for a vote, and all voted aye. The motion carried. BID OPENING: Consider award of bid for the Bluff Street waterline project. Purchasing Manager Sue Swensen presented the bids received: St. George City Council Minutes February 16, 2006 Page Ten Cindy Taylor Trucking $286,916.65 Terry R. Brotherson $299,174.52 Tempest $339,188.40 She recommended award of the bid to the low bidder, Cindy Taylor Trucking, in the amount of $286,916.65. MOTION: A motion was made by Council Member Orton to award the bid to the low bidder, Cindy Taylor Trucking, in the amount of $286,916.65. SECOND: The motion was seconded by Council Member Gardner. VOTE: Mayor Pro Tem Allen called for a vote, and all voted aye. The motion carried. AWARD OF BID: Consider award of bid for polymer for the Wastewater Treatment Plant. Purchasing Manager Sue Swensen advised that invitations to bid were sent to six vendors, but only one bid was received. She recommended award of a blanket contract to Polydene in the amount of $107,952 for the year. MOTION: A motion was made by Council Member Whatcott to award a blanket contract to Polydyne in the amount of $107,952 for the year. SECOND: The motion was seconded by Council Member Gardner. VOTE: Mayor Pro Tem Allen called for a vote, and all voted aye. The motion carried. AWARD OF BID: Consider award of bid for a heavy truck chassis/cab for the new sewer combo cleaning machine. Purchasing Manager Sue Swensen recommended purchase through the State contract with Lake City International in the amount of $85,734. MOTION: A motion was made by Council Member Whatcott to award the bid through the State contract with Lake City International in the amount of $85,734. SECOND: The motion was seconded by Council Member Orton. VOTE: Mayor Pro Tem Allen called for a vote, and all voted aye. The motion carried. AWARD OF BID: Consider award of bid for a combo sewer machine. Purchasing Manager Sue Swensen explained that bids were forwarded to three vendors, but only one bid was received. She recommended award of the bid to Maric Sales in the amount of $183,077, with a $45,000 allowance for trade-in, bringing the total bid to $138,077. MOTION: A motion was made by Council Member Gardner to award the bid to Maric Sales in the amount of $138,077. SECOND: The motion was seconded by Council Member Whatcott. VOTE: Mayor Pro Tem Allen called for a vote, and all voted aye. The motion carried. AWARD OF BID: Consider award of bid for a portable liquid-cooled diesel engine drive centrifugal pump. Purchasing Manager Sue Swensen presented the bids received: Cutler Pump $59,125.50 Rain for Rent $54,806 Global Pump $55,209.07 Cate Equipment $59,561.25 Godwin Pumps of America $52,570 She recommended award of the bid to the lowest bidder meeting the specs, Rain for Rent, in the amount of $54,806. MOTION: A motion was made by Council Member Orton to award the bid to Rain for Rent in the amount of $54,806. SECOND: The motion was seconded by Council Member Bunker. VOTE: Mayor Pro Tem Allen called for a vote, and all voted aye. The motion carried. AWARD OF BID: Consider award of bid for construction of the Fields complex, Phase 1. Purchasing Manager Sue Swensen presented the following bids: St. George City Council Minutes February 16, 2006 Page Eleven Sunroc $6,044,468.97 Hughes $5,348,859.96 Cindy Taylor $5,296,878.32 She recommended award of the bid to the low bidder, Cindy Taylor Trucking, in the amount of $5,296,878.32 Ryan Jolley of Alpha Engineering explained that the bid schedule is for the pond and pump station. Washington County School District also needs to approve this bid, but has not had a chance to do so. City Attorney Shawn Guzman advised the City Council to proceed with award of the bid conditional upon approval by Washington County School District. Mr. Jolley advised that the School District is paying a percentage of the project. City Attorney Shawn Guzman explained that the City is the contracting agency, but the School District is paying 43.75% of the pump station. MOTION: A motion was made by Council Member Gardner to award the bid to Cindy Taylor Trucking in the amount of $5,296,878.32 conditional upon approval by the School Board. SECOND: The motion was seconded by Council Member Bunker. Leisure Services Director Kent Perkins explained that the system is designed to water not only the softball area, but the entire complex of 52 acres, and is the latest technology. VOTE: Mayor Pro Tem Allen called for a vote, and all voted aye. The motion carried. AWARD OF BID: Consider award of bid for 12" 350 DI pipe, Balck PRTD sleeves, and field lock gaskets. Purchasing Manager Sue Swensen explained that bids were sent to four vendors, but only one bid was received. She recommended award of the bid to Scholzen Products in the amount of $30,405. MOTION: A motion was made by Council Member Gardner to award the bid to Scholzen Products in the amount of $30,405. SECOND: The motion was seconded by Council Member Orton VOTE: Mayor Pro Tem Allen called for a vote, and all voted aye. The motion carried. BEER LICENSE: Consider approval of a beer license for Outback Steakhouse. Joseph Kadow, applicant. Support Services Manger Marc Mortensen explained that this is an existing license with a change in applicant. MOTION: A motion was made by Council Member Gardner to approve the beer license. SECOND: The motion was seconded by Council Member Orton. VOTE: Mayor Pro Tem Allen called for a vote, and all voted aye. The motion carried. BEER LICENSE AND LOCAL CONSENT: Consider approval of a beer license and local consent for a full service restaurant liquor license for Sharky?s Woodfired Mexican Grill. Roy V. Cook, applicant. Support Services Director Marc Mortensen explained that the restaurant will be located next to Starbucks. MOTION: A motion was made by Council Member Orton to approve the beer license and local consent. SECOND: The motion was seconded by Council Member Whatcott. VOTE: Mayor Pro Tem Allen called for a vote, and all voted aye. The motion carried. BEER LICENSE: Consider approval of a beer license for Christensen?s Green Valley Market. Linda Sue Christensen, applicant. Support Services Manager Marc Mortensen explained that there is currently an existing license, and approval is needed for the change in applicant. MOTION: A motion was made by Council Member Gardner to approve the beer license. St. George City Council Minutes February 16, 2006 Page Twelve SECOND: The motion was seconded by Council Member Whatcott. VOTE: Mayor Pro Tem Allen called for a vote, and all voted aye. The motion carried. BEER LICENSE: Consider approval of a beer license for Chili?s Southwest Grill. Jeffrey Hoban, applicant. Support Services Manager Marc Mortensen explained that there is an existing beer license but approval is needed for a change in applicant. MOTION: A motion was made by Council Member Whatcott to approve the beer license. SECOND: The motion was seconded by Council Member Orton. VOTE: Mayor Pro Tem Allen called for a vote, and all voted aye. The motion carried. DOWNTOWN FESTIVAL AND REQUEST TO CLOSE MAIN STREET: Consider approval of a downtown festival and request to close Main Street. Support Services Manager Marc Mortensen explained that this item was discussed last week in a work meeting. Since then a letter from Alan Crooks has been received indicating a willingness to move the event to Thursday nights. A letter of agreement has also been received from Lewis Reece , counsel for Vintage Celebrations, supporting this change. He indicated the Downtown Alliance asked him to sit on their board in an advisory role, and would like a member of the City Council to be a voting member of the board. MOTION: A motion was made by Council Member Orton to approve the downtown festivals as proposed by the Downtown Business Alliance and allow them to hold their events on Thursday nights. SECOND: The motion was seconded by Council Member Whatcott. Mayor Pro Tem Allen commented she hoped the two groups could work together. An unidentified woman commented that the Downtown Alliance was a non-profit group, not a volunteer group, and will pay an individual to coordinate the events and answer to the Alliance. City Attorney Shawn Guzman recommended that any approval be made subject to a contract that would be approved by the City?s legal department and then the City Council. Support Services Manager Marc Mortensen recommended that the contract also contain sublicensing provisions, requiring the vendors to obtain a sub-license. City Attorney Shawn Guzman commented that there would be appropriate safeguards in the contract so that it could be terminating in the event certain conditions were not met, or if an emergency arose and the City had to open the street. Council Member Bunker commented that the presentations by both groups were excellent, but the main objective has to be to build the downtown and bring people into the businesses there. She commented she still felt that Friday night events could have been a win-win for everyone. Sandy Lenois commented that Chad Hardy stepped forward last year when no one else did and she felt that personal agendas, personal prejudices and unfair attacks were made which resulted in an unfair situation in which Mr. Hardy was shut down and not given an opportunity to make it right. Debbie with Vintage Celebrations commented that Thursday night events would benefit all, and Friday night events would hurt some. She commented she felt that Chad Hardy should be considered just as strongly as the Downtown Business Alliance. AMENDED MOTION: Council Member Orton amended his motion to include the stipulation that a written contract be entered into with the City. VOTE: Mayor Pro Tem Allen called for a vote, and all voted aye. The motion carried. SET PUBLIC HEARING: Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held February 14, 2006, recommended that a public hearing be scheduled for March 16, 2006 at 5:00 p.m. to consider a request to amend Title 10, Chapter 11, St. George City Code, to incorporate recreation enterprises as a permitted or conditional use permit within the M-2 zone. Tim Maserang, applicant. MOTION: A motion was made by Council Member Gardner to schedule the public hearing as recommended by the Planning Commission. SECOND: The motion was seconded by Council Member Orton. St. George City Council Minutes February 16, 2006 Page Thirteen VOTE: Mayor Pro Tem Allen called for a vote, and all voted aye. The motion carried. FINAL PLATS: Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held February 14, 2006, recommended approval of the final plats for Tuweap Pointe Phase 2, McKenna Cottages Townhomes, and Willowbrook Professional Park. 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 Bunker. VOTE: Mayor Pro Tem Allen called for a vote, and all voted aye. The motion carried. SITE PLAN AND BUILDING ELEVATION FOR TONAQUINT HILLS: Associate Planner Mark Bradley explained that the Planni...

...pproval to pay for impact fees in 12 equal payments with utility bill. Tonaquint Data Center, applicant. City Manager Gary Esplin advised the request is to increase the monthly energy fee for the Tonaquint Data Center to recover the impact fee over the next 12 months. ...

...enkins presented a three lot residential final subdivision plat for “Tonaquint Heights Phase 3” located on the south side and west end of 2440 South Street.   MOTION:    A motion was made by Councilmember Hughes to approve the final plat as presented. SECOND:    The motion was seconded by Councilmember Arial. VOTE:         Mayor Pike called for a vote, as follows:                      Councilmember Hughes – aye                    Councilmember Randall - aye                    Councilmember Bowcutt – aye                    Councilmember Arial – aye                    Councilmember Baca – aye        G.   Assistant Public Works Director Wes Jenkins presented a 10 lot residential final subdivision plat for “Tonaquint Terrace Phase 4” located on the north side and west end of ...

...stant Public Works Director Wes Jenkins presented the preliminary plat for Tonaquint Cove Phase 1, a 15-lot residential subdivision located on the south side of Curly Hollow Drive at approximately 1400 West; zoning is R-1-10.  He showed and reviewed the preliminary plat.   MOTION:      A motion was made by Councilmember Hughes to approve the preliminary plat for Tonaquint Cove Phase 1. SECOND:        ...

... the Mayor and Council to attend the 2nd Annual Cottontail Scramble at the Tonaquint Nature Center on April 5 at 6:30 p.m. She distributed a newsletter and explained that volunteers were needed to help hide eggs. AWARD OF BID: Consider award of a blanket contract for solid waste pick-up at City facilities. City Manager Gary Esplin advised that this item was tabled. AWARD OF BID: Consider award of a contract with Questar Gas for installation of an 8" main gas line extension on Skyline Drive. Purchasing Agent Sue Swensen recommended approval of an agreement with Questar Gas for installation of an 8" gas line extension on Skyline Drive in the amount of $38,130. A motion was made by Council Member Gardner and seconded by Council Member Allen to approve the contract as recommended. Mayor McArthur called for a vote, and all voted aye. The motion carried. Mayor McArthur invited a Scout in the audience to introduce himself. SPECIAL EVENT PERMIT: Consider approval of a special event permit for an off-site auto sale at the Red Cliffs Mall. Stephen Wade Auto Center, applicant. City Manager Gary Esplin explained that there have been no problems in the past associated with this event. The Red Cliffs Mall has used their allotment of events, therefore special approval is needed to hold this event. A motion was made by Council Member Whatcott and seconded by Council Member Orton to approve the special event permit. 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 carnival at the Red Cliffs Mall. Royal West Amusements, Inc., applicant. City Manager Gary Esplin advised that there have been no indications from staff that there have been problems with this event in the past. A motion was made by Council Member Gardner and seconded by Council Member Allen to approve the special event permit. Mayor McArthur called for a vote, and all voted aye. The motion carried. SCHEDULE PUBLIC HEARING: Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held March 23, 2004, recommended a public hearing be scheduled for May 6, 2004 at 5:00 p.m. to consider amending St. George City Code, Title 10, Zoning Regulations, Chapter 7, Residential Zones, Article D, Mobile Home Zones, Section 10-7D-3 to allow St. George City Council Minutes April 1, 2004 Page Two site built homes within mobile home subdivisions, and Section 10-7D-2 to establish a definition for ?site built? within the Mobile Home Zone Chapter. City of St. George, applicant. A motion was made by Council Member Gardner and seconded by Council Member Orton to schedule the public hearing as recommended. Mayor McArthur called for a vote, and all voted aye. FINAL PLATS: Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held March 23, 2004, recommended approval of the following final plats: A. The Knolls at Little Valley, Phase 3. Ed Burgess, applicant. B. Meadow Valley Estates, Phase 1. Ed Burgess, applicant. C. Cove Creek Commercial Subdivision. Pope Engineering, agent. A motion was made by Council Member Orton and seconded by Council Member Whatcott to approve the final plats and authorize the Mayor to sign them. Mayor McArthur called for a vote, and all voted aye. The motion carried. PRELIMINARY PLAT: Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held March 23, 2004, recommended approval of the preliminary plat for Hilton Gardens Subdivision with seven commercial lots located at 1670 South Convention Center Drive. Cameron Gunter, representing Ellsworth Paulsen Construction, applicant. A motion was made by Council Member Gardner and seconded by Council Member Whatcott to approve the preliminary plat as recommended. Mayor McArthur called for a vote, and all voted aye. The motion carried. LOT SPLIT: Planner Ray Snyder advised that the Planning Commission, at its meeting held March 23, 2004, recommended approval of a lot split for property located at 2155 South 2350 East in an A-1 zone. Elroy ?Herb? Bundy, applicant. Staff has reviewed the lot requirements and the request is in conformance. The applicant is aware of the assessment requirements due to the SID which affects the property. City Manager Gary Esplin commented that the additional assessment would have to be paid in cash as the bond had already been issued. A motion was made by Council Member Gardner and seconded by Council Member Allen to approve the lot split. Mayor McArthur called for a vote, and all voted aye. The motion carried. HILLSIDE DEVELOPMENT PERMIT: Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held March 23, 2004, recommended approval of a hillside development permit to excavate a portion of a hillside behind the former Atkin Tire building located at 325 N. Bluff. Danny Vaca, Three Amigos Meat Market, applicant. The Hillside Review Board also recommended approval. A motion was made by Council Member Gardner and seconded by Council Member Allen to approve the hillside development permit as recommended by the Planning Commission and Hillside Review Board. Mayor McArthur called for a vote, and all voted aye. The motion carried. CONDITIONAL USE PERMIT: Consider approval of a conditional use permit to operate a pre-school for up to 12 children in an R-1-8 zone at 233 North 1160 West. Michael and Ginny Nobis, applicants. Planner Ray Snyder advised that the Planning Commission, at its meeting held March 23, 2004, recommended approval subject to a final inspection by the Fire Department and Planning Department. The applicant would like to use the upstairs for a playroom and would like to hold a two hour session on Tuesdays and Thursdays. One neighbor expressed opposition to the request. The applicant understands that if the hours or number of children are expanded, she would again have to appear before the City Council, or if problems arise from the preschool, the conditional use permit could be revoked. Traffic should not be a problem as most of the children attending the preschool live in the neighborhood and will be walked to school by their parents. Ginny Nobis, applicant, explained that she is currently a Kindergarten teacher, and a parent will volunteer to help her daily with the children. The fire inspection was recently completed, and the yard has been completely fenced in. St. George City Council Minutes April 1, 2004 Page Three A motion was made by Council Member Orton 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, and all voted aye. The motion carried. CONDITIONAL USE PERMIT: Consider approval of a conditional use permit to operate a pre-school for up to 16 children in an R-1-6 zone at 231 N. Kimette Lane. Cheryl and Ruth Carter, applicants. Planner Ray Snyder advised that the Planning Commission, at its meeting held March 23, 2004, recommended approval subject to an inspection by the Fire Department and Planning Department. The property is currently under development. The applicant would like to hold two two-hour sessions a day Monday through Thursday, and one session on Friday. 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, and all voted aye. The motion carried. ACCESS ACROSS CITY PROPERTY: Consider a request for access across City property in the Twin Lakes area. Ronald K. Stout, applicant. Ronald Stout, applicant, explained that access to the home he is building north of the Twin Lakes Golf Course is needed further north of the Red Rock Road intersection, and City staff suggested an access off ?Turtle Road? which requires that he cross a small portion of City property. The location is 300' north of Ruesch Machine where dirt has been pushed into the wash. This location has already been approved for a water line, but now a right-of-way is needed in order to drive through to his property. City Manager Gary Esplin expressed concern that the City did know the width or exact future location of the road in this general area. Staff has no problem letting Mr. Stout proceed on a temporary basis, but if this access is permanently needed for Mr. Stout?s subdivision, the City should receive compensation for the right-of-way or the property should be sold. Mr. Stout replied that the property he would like to access across is located in the wash, and any future road in this area would need to be widened and curves taken out. Mr. Esplin stated for the record that if any useable City property is needed to access Mr. Stout?s subdivision, a land swap or sale would need to be done. Mr. Stout replied that he would have no problem with a land swap or purchase. Mr. Esplin stated for the record that due to safety concerns with the intersection, only one home is allowed and no more homes can be built until this issue is resolved. A motion was made by Council Member Gardner to approve the request. Mr. Esplin clarified that any approval would allow access to one unit at this time, and the matter would be resolved before other units could be platted and built. City Attorney Shawn Guzman suggested a time frame be established. City Manager Gary Esplin suggested a one year time frame. Council Member Gardner agreed to add a one year limit to his motion, at which time the matter would be reviewed. The motion was then seconded by Council Member Orton. Mayor McArthur called for a vote, and all voted aye. The motion carried. CONSTRUCTION MANAGEMENT CONTRACT: Consider approval of a construction management contract with Carter Burgess for the River Road Phase II project. City Manager Gary Esplin explained that the standard contract is for the extension of Riverside Drive from River road to the east side of the East Black Ridge. Staff recommends approval. A motion was made by Council Member Gardner and seconded by Council Member Allen to approve the contract. Mayor McArthur called for a vote, and all voted aye. The motion carried. Council Member Gardner commented that citizens in the area who will be affected by the 200 East connection to Skyline Drive were complimentary of staff. St. George City Council Minutes April 1, 2004 Page Four CHANGE ORDER: Consider approval of a change order to the Dixie Drive bridge construction management contract. City Manager Gary Esplin explained that the change order is really an extension of the contract because of changes made to the bridge. Public Works Director Larry Bulloch advised that the change order is for engineering work related to widening the bridge. A motion was made by Council Member Allen and seconded by Council Member Orton to approve the change order. Mayor McArthur called for a vote, and all voted aye. The motion carried. APPOINTMENTS: Appointments to boards and commissions. Mayor McArthur recommended the following appointments to the newly created Dinosaur Track Site Advisory Board: Darcy Stewart - one year Gary Watts - two years Lyman Hafen - two years Future City Council Member - one year Marshall Topham - two years A motion was made by Council Member Allen and seconded by Council Member Whatcott to make the appointments as recommended by Mayor McArthur. Mayor McArthur called for a vote, and all voted aye. The motion carried. APPROVAL OF MINUTES: Consider approval of the minutes of the regular City Council meeting held March 4, 2004. A motion was made by Council Member Orton and seconded by Council Member Allen to approve the minutes as presented. Mayor McArthur called for a vote, and all voted aye. The motion carried. Consider approval of the minutes of the special City Council meeting held March 11, 2004. A motion was made by Council Member Whatcott and seconded by Council Member Orton to approve the minutes as presented. Mayor McArthur called for a vote, and all voted aye. The motion carried. MISCELLANEOUS: Council Member Gardner advised that he has been asked if the City would spray the caterpillar nests in the trees around Brooks Pond. City Manager Gary Esplin replied that he would check into it. REPORT FROM FIRE DEPARTMENT: Fire Chief Robert Stoker advised that the Department has been doing a lot of work on the Regional Hazmat Team. The Department has received equipment from the grant awarded last year. REPORT FROM POLICE DEPARTMENT: Police Chief Marlon Stratton explained that Spring Break begins next week and the police will be on the streets in full force. The only help received this year will be from the Utah Highway Patrol. PUBLIC HEARING/AMEND PD ZONE/ORDINANCE: Public hearing to consider an amendment to the Sunbrook Planned Development zone to add six acres to the project, modify density and unit types in various areas, and include a bed and breakfast or 14 unit condominium building near the Sunbrook Golf Course Clubhouse. Sunbrook Communities, LC, applicant. Associate Planner Mark Bradley explained that the proposed change will increase the Sunbrook PD area to 571 acres, with a net density of 3.75 units per acre, excluding the golf course. The Planning Commission recommended approval with two conditions: (1) the .83 acre site on Dixie Drive be changed from Commercial to Professional Office, and (2) either the bed and breakfast inn or the 14 unit condo is acceptable for the site next to the golf course clubhouse. With regard to parking, there is a recorded agreement for parking and cross-access but it does not address this type of use. St. George City Council Minutes April 1, 2004 Page Five Rick Rosenberg, representing the applicant, explained that a ten-plex of condo units with an Italian villa concept is proposed, with underground parking. 11 buildings are proposed for the site and the biggest change in density will be from this product. All access will be off Dolche Vista Drive. A traffic impact study was done for Sunbrook, as well as a traffic model produced as part of the zone change request. It recommended additional turning lanes to be built as time goes on and traffic increases. These turning lanes have been incorporated into the new plan. He explained that he met with Kent Perkins and the BLM about converting some hillside into a four acre park. This is a new add-on to the project site in order to have some permanent open space , and the rest of the six acres will be developed in low density residential, similar to the French Quarter. The most controversial issue has been the bed and breakfast site, and current management favors the 14 unit condo project as a better use. It is proposed to expand the parking lot and work with the City to pick up an additional 66 parking stalls. This would meet Sunbrook?s parking requirements and expand the stalls the City can use for tournaments and high use periods. The plan at present is conceptual. Meetings were held with the Sunbrook Homeowners Association and Crystal Lakes Homeowners Association, and Crystal Lakes expressed concern about the box canyon wash which flows through the project and comes near the Crystal Lakes entrance and downstream which has become clogged with vegetation and debris. Sunbrook has agreed to clean the wash within allowable limits of the State and Federal permitting process. All storm drainage off the hillside is being collected and added to the wash, but this should not impact Crystal Lakes. Some of the medium density area in hillside crevices will be hard to design, and the density asked for is a pleasant target, but will be difficult to achieve. Designated parking for the condos will be worked out separately. City Manager Gary Esplin commented that Sunbrook has been an excellent partner and improvements made on Number One of the Point have been a positive benefit to the City. Staff feels comfortable trying to work out continued use of shared parking. There has always been a problem with Number Two on the Point with sloughing-off of the soil, and whatever Sunbrook does will benefit the golf course by cleaning up the area, but it must be done with due consideration of the soil condition. Mr. Esplin advised that the area for potential golf course expansion should be protected, and the map presented does not indicate this expansion. Mr. Rosenberg replied that Sunbrook is interested in pursuing this option if a method can be devised to compensate for the loss of developable land, and Sunbrook is more than willing to continue negotiations toward this end. Sunbrook is also aware of the expansive soils problems and everything in this area is built on piers. A great deal of geo tech work has been done for the project. Mayor McArthur opened the public hearing. Paul Carter, President of the Crystal Lakes Homeowners Association, and also representing River?s Edge, expressed concern with the wash. He inquired who would maintain the wash after it was cleared of vegetation. He inquired when the Dixie Drive bridge would be widened. He then distributed pictures of the wash. City Manager Gary Esplin replied that the City would maintain the wash after it was cleared. Public Works Director Larry Bulloch advised that the widening of the Dixie Drive bridge is one of the projects identified in the metropolitan planning process, and engineering for this project is about three years out. Bill Hammons, CEO of Sunbrook Communities, expressed appreciation to the Mayor and City Council and pledged his continued willingness to cooperate. There being no further public comments, Mayor McArthur closed the public hearing. A motion was made by Council Member Orton to approve the request by ordinance. City Manager Gary Esplin advised that the applicant will have to come back with the parking plan, and any approval is for the concept only. Council Member Allen seconded the motion to approve the request by ordinance. It was clarified that the motion to approve was subject to the recommendations of the Planning Commission. Mayor McArthur called for a roll call vote, as follows: Council Member Orton - aye Council Member Allen - aye Council Member Whatcott - aye Council Member Gardner - aye St. George City Council Minutes April 1, 2004 Page Six The vote was unanimous and the motion carried. Mr. Rosenberg advised that cleaning of the wash should begin within 60 days, and he will try to have it completed by July 24. PUBLIC HEARING/ZONE CHANGE/ORDINANCE: Public hearing to consider a zone change from A-1 Agricultural to R-1-10 Single Family Residential on 2.98 acres located at 2000 North and Tuweap Drive. Leo Bringhurst, applicant. Associate Planner Mark Bradley explained that the applicant would have to complete his portion of Tuweap Drive. The Planning Commission recommended approval. Mayor McArthur opened the public hearing. There being no comments, he closed the public hearing. Council Member Orton stated that he was not aware of the zone change and he owns property in the vicinity. Mr. Bradley explained that public notices were sent to property owners within 500 feet of the subject property and no opposition to the request has been received. After discussion of the affect the change in use the proposed zone change would have on the area, a motion to table the request until the meeting of April 15 was made by Council Member Allen and seconded by Council Member Whatcott. Mayor McArthur called for a vote, and all voted aye. The motion carried. PUBLIC HEARING/AMEND PD/ORDINANCE: Public hearing to consider an amendment to the Walmart Planned Development Commercial zone for an Arby?s fast food restaurant and a 4,000 sq. ft. retail building on Pad #4 located at 2610 S. Pioneer Rd. Woodbury Corp., applicant. Associate Planner Mark Bradley explained that the Planning Commission was concerned with the colors of the building and recommended that earth tones be used, including replacing the red awnings with rust awnings. They recommend that the red on the sign be allowed to remain. With regard to the retail building, the applicant has agreed to dress up the rear of the building. Council Member Whatcott commented that the rear facade of the building which faces Pioneer Road and the I-15 freeway was not acceptable. Mr. Bradley explained that the applicant has agreed to install false windows and columns to dress up the rear facade. The sign used will be a monument-type sign. Mayor McArthur opened the public hearing. Greg Glissmeyer with Woodbury Corp. explained that there are currently no tenants for the retail building, and it may or may not be built immediately. He stated he was in agreement with most of the requirements and is prepared to spice up the rear of the retail building with columns, popouts, two tone colors and stucco. The Arby?s corporate office agrees to not use red in the coping or windows, but would like to keep the red awnings. Red has already been introduced in the Walmart signs. The stucco color will be the same as the Arby?s on Bluff Street. Council Member Orton inquired if Arby?s had ever before been required to change their colors. Ken Foote, representing Arby?s, commented he was more than happy to give up all the red on the building except the red signage and red awnings. Mr. Glissmeyer commented that he was in favor of making the back of the retail building look more like the front, and the roofs of the buildings will be painted if they can be seen from the freeway. City Manager Gary Esplin commented that the City Council could approve the Arby?s building, and postpone approval of the retail building until there are tenants. Council Member Whatcott commented that while he was not offended by the red on the Arby?s buildling, he thought the rust would look better. He did, however, have a concern about the back of the retail building and as presented is not acceptable. He then made a motion to approve the request subject to the recommendations of the Planning Commission with the exception that Arby?s red awnings and sign can remain, and with the changes to the back of the retail building agreed to by Mr. Lismyer. The motion was seconded by Council Member Orton. St. George City Council Minutes April 1, 2004 Page Seven City Manager Gary Esplin clarified that the motion included the stipulation that the back of the retail building had to look like the front of the building. Staff will report back to the City Council if this is not the case. City Attorney Shawn Guzman inquired about the roof color. He advised that any requirement for the color of the roof should be included in the motion. Council Member Whatcott clarified that a requirement that the inside of the roofs be painted with a compatible color as approved by City staff is included in his motion. Mr. Foote commented he wanted to do what was in the best interests of the City. City Attorney Shawn Guzman commented that staff can determine whether or not the inside of the roofs should be painted. Mr. Foote agreed with this recommendation. Mayor McArthur called for a roll call vote, as follows: Council Member Whatcott - aye Council Member Orton - aye Council Member Allen - aye Council Member Gardner - aye The vote was unanimous and the motion carried. ADJOURN TO EXECUTIVE SESSION: A motion to adjourn to an executive session to discuss personnel issues was made by Council Member Whatcott and seconded by Council Member Gardner. Mayor McArthur called for a roll call vote, as follows: Council Member Whatcott -aye Council Member Gardner - aye Council Member Orton - aye Council Member Allen - aye The vote was unanimous and the motion carried. RECONVENE: A motion to reconvene was made by Council Member Gardner and seconded by Council Member Orton. Mayor McArthur called for a vote, and all voted aye. The motion carried. DISCUSSION RE DIXIE DRIVE BRIDGE: City Manager Gary Esplin explained that improvements on the south side of the bridge in front of the Tonaquint Park and Cemetery need to be done to tie in with the Kay Travelle...

...rive, the total cost of the repair will be approximately $450,000 from the Tonaquint Bridge to Lily Plant World. The cost to repair from Tonaquint Bridge to Bloomington is about $650,000. Cost to for work on Sno...

.../ORDINANCE: Public hearing and consideration of an ordinance amending the Tonaquint Center in the PD-C (Planned Development Commercial) zone to develop a health club called Reach Higher located on 1600 South Street in the Tonaquint Commercial Center.   St. George City Council Minutes November 1, 2018 Page Ten   Planner Ray Snyder presented the request to amend the Tonaquint Center in the PD-C (Planned Development Commercial) zone to develop a health club called Reach Higher located on 1600 South Street in the Tonaquint Commercial Center.  He provided a PowerPoint presentation covering the following topics: aerial map; general plan map; zoning map; photos of the area; site plan; landscape plan; conceptual elevation; materials board; and rendering.  He noted the use fits the area and height.  The Planning Commission recommended approval with the following comments:   1.    Zoning- Approve the PD-C zone change amendment on 1.64 acres. 2.    Use- Recommends approval of the proposed use. 3.    Site Plan- The conceptual layout as presented is approved. 4.    Colors & Materials - As presented the colors and materials are approved. 5.    Setbacks - Setbacks shall meet the Zoning Ordinance (staff will confirm during the site plan review process). 6.    Landscaping - The applicant shall provide landscaping along 1 000 East Street and along the freeway in compliance with the landscape ordinance. 7.    Lighting - Provide a photometric plan with submittal of the SPR and demonstrate that lighting will not exceed 1 foot-candle at property line and not exceed 15 foot-candle on site.  Dark sky style lighting fixtures shall be used to avoid a nuisance as seen from adjacent residential neighborhoods and surrounding community. 8.    SPR- Upon approval of the zone change, the applicant shall submit an application for a SPR (Site Plan Review) along with the required civil engineering plan set which may include but not be limited to: cover sheet, site plan, grading plan, erosion control plan, utility plan, landscape plan, irrigation plan, and photometric plan. 9.    Roadway - The applicant shall dedicate the remaining area for a roadway to allow completion of the master planned roadway for 1600 South Street as required per City Traffic Engineer.  This will be incorporated into the platting.   City Attorney Shawn Guzman suggested including the roadway dedication in the motion.   After being asked by Councilmember Bowcutt, Mr. Snyder showed the driveways.   City Attorney Shawn Guzman noted there is a dedicated roadway that has not been built, that Mr. Traveller would like to have the City abandon in favor of this alignment.      Mayor Pike opened the public hearing.  There being no comment, he closed the public hearing.   MOTION:      A motion was made by Councilmember Arial to approve the ordinance amending the Tonaquint Center in the PD-C (Planned Development Commercial) zone to develop a health club called Reach Higher located on 1600 South Street in the Tonaquint Commercial Center with the   St. George City Council Minut...

...ing held August 24, 2004, recommended approval of the preliminary plat for Tonaquint Terrace at Southgate. At the Planning Commission meeting there was discussion St. George City Council Minutes September 2, 2004 Page Five about the proposed rock park. There is a proposed combination of concrete and stacked rock retaining walls throughout the development, and the applicant has been working with Engineering staff to minimize the heights of the retaining walls. Leisure Services Director Kent Perkins advised that he had not had an opportunity to review the proposed park and therefore could not comment on it. Mayor McArthur commented that the City welcomes all park properties. MOTION: A motion was made by Council Member Gardner to approve the preliminary plat. SECOND: The motion was seconded by Council Member Bunker. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. Mayor McArthur commented that the City Council just approved 500 new units, and he hoped there was enough water infrastructure to take care of all these units. City Manager Gary Esplin commented that staff would prefer to keep the park a natural park. Mayor McArthur commented that the plat showed access to the park area. City Manager Gary Esplin commented there was also access to the park along the power lines between this project and the Bloomington area. MINOR SUBDIVISION: Associate Planner Mark Bradley reported that the Planning Commission, at its meeting held August 24, 2004, recommended approval of a minor subdivision, Sunset Corner Commercial Development, located at Bluff Street, SR-18, and Sunset Blvd. subject to the applicant conveying public utility and drainage easements. Council Member Gardner declared a conflict of interest and left the stand. Mr. Bradley explained that the applicant is creating a land division for five commercial lots. Staff recommends approval. MOTION: A motion was made by Council Member Orton to approve the minor subdivision subject to the recommendations of the Planning Commission. SECOND: The motion was seconded by Council Member Whatcott. VOTE: Mayor McArthur called for a vote, and all voted aye, with the exception of Council Member Gardner who was away from the stand and abstained from voting. The motion carried. HILLSIDE DEVELOPMENT PERMIT: Associate Planner Mark Bradley reported that the Planning Commission, at its meeting held August 24, 2004, recommended approval of a hillside development permit for a proposed single family residential development (Serenity Hills) located at the northeast corner of 2000 South and 2580 East. The Planning Commission recommended approval subject to the recommendations of the Hillside Review Board, as follows: 1. Geogrid fencing be placed at the catch point of the 1:1 cut slope so not to disturb the upper hillside during excavation. 2. During the excavation process consult with the geotechnical engineer for stability of the cuts. 3. Acknowledgment of an access issue between the adjacent properties and accepting necessary cuts to be made for a 12 ft. access easement through either proposed Lot #97 or #98. MOTION: A motion was made by Council Member Whatcott to approve the hillside development permit subject to the recommendations of the Planning Commission and Hillside Review Board. 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 reported that the Planning Commission, at its meeting held August 24, 2004, recommended approval of a hillside development permit for Tuscan Hills Phases 1 and 2 located on the west side of Dixie Drive in the vicinity of 1700 South. The Hillside Review Board also recommends approval. St. George City Council Minutes September 2, 2004 Page Six MOTION: A motion was made by Council Member Orton to approve the hillside development permit. SECOND: The motion was seconded by Council Member Gardner. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. SITE PLAN AND BUILDING ELEVATION: Assistant Planner Ray Snyder reported that the Planning Commission, at its meeting held August 24, 2004, recommended approval of a site plan and building elevation for a proposed office building in Tonaquint Hills Phase 1, Lot 3 at approximately 1500 South and Dixie Drive....

...r 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, ...

... contract with Alpha Engineering to perform construction management on the Tonaquint Drive project. St. George City Council Minutes April 5, 2007 Page Two Purchasing Manager Connie Hood recommended award of the bid to Alpha Engineering in the amount of $120,940. Mayor McArthur asked when the project would start, how long it would take and what the project entailed. Wes Jenkins, City Engineer, stated that the project started on Monday and consists of laying storm drain adjacent to Southgate Golf Course and at 2070 South. Mr. Jenkins explained that the contractor has 150 calendar days to complete the project so they should be done the first of September. Mr. Jenkins stated that the road would be full length from 600 West up to the crest of the hill as it goes down toward Bloomington. He said at that point the road would go down by two lanes so it would match the cross section into Bloomington. Council Member Orton stated that when they had talked about the project earlier they were going to contact all of the property owners in Bloomington to see if the street could be improved with curb, gutters and sidewalks. He asked Mr. Jenkins if that had been done. Mr. Jenkins stated that he had contacted 2 or 3 of the property owners in the area and they said they were not interested in having curbs, gutters or sidewalks. Mr. Jenkins said that there would be curb and gutter part way down the hill and that it would end before Bloomington. He said that it would collect the water and take it to the detention base on the west side of the road. MOTION: A motion was made by Council Member Gardner to approve the award to Alpha Engineering in the amount of $120,940. SECOND: The motion was seconded by Council Member Whatcott. VOTE: Mayor McArthur called for a vote, as follows: Council Member Gardner ? aye Council Member Bunker ? aye Council Member Orton ? aye Council Member Whatcott ? aye The vote was unanimous and the motion carried. Council Member Suzanne Allen arrived at the meeting. COST SHARING AGREEMENTS: Consider approval of cost sharing agreement for the construction of the Tonaquint Roadway Improvement Westside between the City and SITLA. and Consider approval of cost sharing agreement for the construction of the Tonaquint Roadway Improvement Eastside between the City and SITLA. City Manager Gary Esplin stated that Addendum N and Addendum O on the agenda are cost sharing agreements with SITLA for the construction of the Tonaquint Roadway improvement on both sides of the road. He stated that in order to get SITLA?s share of the cost to make the improvements the City would need to enter into these agreements. He explained that the City Attorney had reviewed the agreements. MOTION: A motion was made by Council Member Gardner to approve the two cost sharing agreements for the construction of the Tonaquint Roadway Improvements on the Westside and Eastside between the City and SITLA. SECOND: The motion was seconded by Council Member Whatcott. VOTE: Mayor McArthur called for a vote, as follows: Council Member Gardner ? aye Council Member Bunker ? aye Council Member Orton ? aye Council Member Whatcott ? aye The vote was unanimous and the motion carried. Council Member Bunker stated that there have been comments from people who live in Bloomington about the large trucks that are going on to Bloomington Drive from Tonaquint. She asked if there were going to be restrictions regarding trucks on that route. St. George City Council Minutes April 5, 2007 Page Three City Manager Gary Esplin stated that the decision has been made throughout the community that there are not restrictions on load limits because of the amount of construction throughout the area. He also said that they don?t have the scales to weigh the trucks and a way to enforce the issue. City Attorney Guzman said that it was his understanding that the engineering on the roadway is taking into account the soil condition and that they are going to over excavate the road. City Manager Gary Esplin said that the cost of the road is being paid in part by the property owners who have frontage on the road as well as properties in the area. He stated that it is a joint project with the property owners and the City of St. George. An unidentified member of the audience stated that the road had been a problem in the past because of sinking. Mayor McArthur explained that they will be over excavating the road in order to bring it up to standard. Wes Jenkins said that there is a lot of clay out in the area. He explained that they will be over excavating and also bring in a geogrid to place over that. He said that they have taken into account the soil and the traffic. AWARD OF BID: Consider award of bid for a 75 MVA auto transformer for the new Green Valley substation. Purchasing Manager Connie Hood recommended award of the bid to PAUWELS in the amount of $1,653,123. Council Member Allen asked why there is a 65 week lead time for the transformer. Rick Hansen said that the best lead time that was received on the bids was 40 weeks and the worst was 80 weeks. He explained that the transformer that is being recommended is $600,000 less than the one with a 52 week lead time. He stated that they felt this was the best way to go. MOTION: A motion was made by Council Member Orton to award the bid to PAUWELS in the amount of $1,653,123. SECOND: The motion was seconded by Council Member Allen. VOTE: Mayor McArthur called for a vote, as follows: Council Member Gardner ? aye Council Member Allen - aye Council Member Bunker - aye Council Member Orton - aye Council Member Whatcott - aye The vote was unanimous and the motion carried. AWARD OF BID: Consider award of bid for a 5 gang reel mower for the new Ballfields. Purchasing Manager Connie Hood stated that bids were sent out to the three known vendors who supply the equipment. She stated that the only response received was from Rocky Mountain Turf. Ms. Hood recommended award of the bid to Rocky Mountain Turf in the amount of $41,302. MOTION: A motion was made by Council Member Gardner to award the bid to Rocky Mountain Turf in the amount of $41,302. SECOND: The motion was seconded by Council Member Bunker. VOTE: Mayor McArthur called for a vote, as follows: Council Member Gardner ? aye Council Member Allen - aye Council Member Bunker ? aye Council Member Orton ? aye Council Member Whatcott ? aye The vote was unanimous and the motion carried. St. George City Council Minutes April 5, 2007 Page Four Council Member Allan asked how long a mower of this type typically lasts. Leisure Services Director Kent Perkins stated that they try to get 8 or 10 years out of a mower but they usually only last for 6 or 7 years. AWARD OF CONTRACT: Consider award of a contract to Rosenberg & Associates for design of the trail along the Virgin River to Sun River. Purchasing Manager Connie Hood recommended award of the contract to Rosenberg & Associates in the amount of $51,600. MOTION: A motion was made by Council Member Orton to award the contract to Rosenberg & Associates in the amount of $51,600. SECOND: The motion was seconded by Council Member Allen. Council Member Gardner asked why the lowest proposal wasn?t accepted. Leisure Services Director Kent Perkins explained that it was the lowest responsive proposal. He stated that lower proposal left out a number on the third phase of the project. Council Member Bunker what the amount of the grant was that the City was receiving for this project. City Manager Gary Esplin stated that the grant was in the amount of $200,000. VOTE: Mayor McArthur called for a vote, as follows: Council Member Gardner ? aye Council Member Allen - aye Council Member Bunker ? aye Council Member Orton ? aye Council Member Whatcott ? aye The vote was unanimous and the motion carried. AWARD OF BID: Consider award of bid for a 750 KW diesel generator for the wastewater treatment plant. Purchasing Manager Connie Hood explained that this item was tabled on December 1, 2006 because the Energy and Water Services Departments were discussing the possibility of dedicating one of the Bloomington generators to the treatment plant. The costs to do so came to more than the original bid. Ms. Hood recommended awarding the bid to the low bidder, D. Blake in the amount of $209,860. MOTION: A motion was made by Council Member Allen to award the bid to D. Blake in the amount of $209,860. SECOND: The motion was seconded by Council Member Bunker. VOTE: Mayor McArthur called for a vote, as follows: Council Member Gardner ? aye Council Member Allen - aye Council Member Bunker ? aye Council Member Orton ? aye Council Member Whatcott ? aye The vote was unanimous and the motion carried. AWARD OF BID: Consider award of bid for two additional vehicles as add-ons to the existing order placed with St. George Ford at the same cost as the original bid. Purchasing Manager Connie Hood recommended award of the bid for a truck for the Wastewater Department to the low bidder, Champion Ford in the amount of $26,383 and for a truck for the Streets Department to the low bidder, St. George Ford in the amount of $28,541. MOTION: A motion was made by Council Member Gardner to award the bids as recommended. St. George City Council Minutes April 5, 2007 Page Five SECOND: The motion was seconded by Council Member Orton. VOTE: Mayor McArthur called for a vote, as follows: Council Member Gardner ? aye Council Member Allen - aye Council Member Bunker ? aye Council Member Orton ? aye Council Member Whatcott ? aye The vote was unanimous and the motion carried. AWARD OF BID: Consider award of bid for a natural gas accumulator tank for the Power Department. Purchasing Manager Connie Hood stated that this is a sole source bid award for OEM equipment with Cardinal Cogen in the amount of $73,223. Council Member Allen asked for someone to explain what the accumulator tank does. Rick Hansen explained that it is a big tank that helps with pressure surges and filters oil. He stated that it will make the operation of the plant much easier. He said that a brand new accumulator tank would cost approximately $150,000 but they found one that will work by being rebuilt to fit the plant?s needs. MOTION: A motion was made by Council Member Bunker to award the bid to Cardinal Cogen in the amount of $73,223. SECOND: The motion was seconded by Council Member Allen. VOTE: Mayor McArthur called for a vote, as follows: Council Member Gardner ? aye Council Member Allen - aye Council Member Bunker ? aye Council Member Orton ? aye Council Member Whatcott ? aye The vote was unanimous and the motion carried. APPROVAL OF AGREEMENT: Consider approval of a design agreement with Carter Burgess to design a traffic signal at Snow Canyon Parkway and Dixie Downs Road. Purchasing Manager Connie Hood recommended approval of a design agreement with Carter Burgess in the amount of $12,553. City Manager Gary Esplin requested that the item be tabled because of continuing discussion about the location of the traffic signal. He explained that there are some issues that are still being considered about the placement of the signals. Mayor McArthur stated that the item would be tabled until the next Council meeting. PROCLAMATION: Consider approval of a proclamation declaring April as Fair Housing Month in St. George. City Manager Gary Esplin explained that this a proclamation that HUD has requested cities to adopt. He stated that the proclamation affirms the City?s support for the fair housing programs through the Community Development Block Grant and that are sponsored by HUD. MOTION: A motion was made by Council Member Gardner to approve the proclamation declaring April as Fair Housing Month in St. George. SECOND: The motion was seconded by Council Member Bunker. VOTE: Mayor McArthur called for a vote, as follows: Council Member Gardner ? aye Council Member Allen - aye Council Member Bunker ? aye Council Member Orton ? aye St. George City Council Minutes April 5, 2007 Page Six Council Member Whatcott ? aye The vote was unanimous and the motion carried. FINAL PLAT: Bob Nicholson, Director of Community Development, advised that the Planning Commission, at its meeting held on March 27, 2007, recommended approval of a Road Dedication Plat for the reconstruction and widening of Tonaquint Drive from 600 West to Escalante Drive in Bloomington. MOTION...

... staff is to present a long range master plan to finish the development of Tonaquint Park. Parks and Facilities Manager Larry Shane stated that he met with the Shade Tree Board to discuss updating some of the tree species located in the Downtown area as trees need to be replaced. Mr. Shane provided a handout titled “Tree for the Blvd” which illustrates the tree species they would like to use. He explained that all of these tree species have done well in this area and that some are already being used in several locations throughout the City. City Manager Gary Esplin explained that the plan is to plant different sized and colored trees. The City would grow them at the tree farm and replace struggling trees in the area. Mayor McArthur expressed that he would like the trees to look like a tree and not a bush as some did in the photos. Mr. Shane explained that these species of trees do not drip sap; however they do go through cycles and will drop leaves. City Manager Gary Esplin stated that the Shade Tree Board agrees with the City’s plan and may have other trees that they would like to plant. Councilmember Gil Almquist said that the Shade Tree Board is currently working on beautification awards and would like to attend a work meeting in January. Leisure Service Director Kent Perkins explained that when the City originally built the Tonaquint Cemetery, the goal was to have enough room for burials to last 25 years. City Manager Gary Esplin stated that the City has an ordinance that allows for remains to be stacked. Cemetery Sexton Cody Schmitt explained that the City does not encourage families to do so for safety reasons and it does not offer a less expensive option either. After discussion, the Mayor and Councilmembers decided to inform Dale Ure that if he can provide studies that show other cemeteries which offer the use of pvc burials, they will consider his proposal. Mr. Schmitt stated that currently there are 8,100 remains buried at the St. George Cemetery and 1,700 at the Tonaquint Cemetery. He explained that at this time the Tonaquint Cemetery has 2,000 available plots. By the summer of 2012 there will be an additional 3,000 plots available for sale when section 6 is done. Roughly about one sixth of these available plots will accommodate upright headstones which tend to sell faster than plots that allow flat headstones. St. George City Council Minutes December 8, 2011 Page Five Mayor McArthur commented the City has not looked at raising the plot fees in roughly fifteen years. Mr. Schmitt stated that current plot fees for residents are $475.00 for a plot that allows for a flat headstone and $575.00 for one that allows an upright headstone. City Manager Gary Esplin explained that the City has done a survey and is not interested in raising them at this time. Mr. Schmitt commented once the Tonaquint Cemetery is developed to its capacity, there will be room for a total of 7,000 available plots. At this time, the City is selling about 300 plots per year which will last 25 years into the future. Mayor McArthur said that he would like to discuss cremations. Mr. Schmitt stated that right now, if a family would like to bury the cremated remains of a loved one, the City will sell them half a plot rather than a full plot. The City will then have to split the plot and sell the other half. Currently, the City has about 50 plots that have been split up. The family would have to buy an urn vault to seal the remains. Mr. Schmitt presented a power point presentation titled “Cemetery Cremation and Niche Wall Study” covering the following topics: Information Mayor received on Cremations, Of the approximately 400 cremations a year in Washington County, 3.5% are buried in the St. George Cemeteries, Why we would want it, Conceptual Niche Wall and Garden Plan, Can begin with any size, Phase Development and Phase Cost’s and Revenue. He explained that locally, cremations are at approximately 43%. Mr. Schmitt explained that the walls are precast and purchased in sections. The construction cost per niche is roughly $375.00 and it is anticipated that this area can house approximately 900 niches. The center area will contain grass and trees and can accommodate space for a memorial service and will provide areas for burials. The internal space can be either a water feature to provide a serene area or additional area to house niches. City Manager Gary Esplin stated that he asked Mr. Schmitt to phase this project. Mr. Schmitt explained that Phase I(A) includes the lawn area, center structure and 5-6 walls; Phase I(B) will be for additional walls and Phase II will include some landscaping, foundation and additional walls. Mayor McArthur asked if there were funds available in the current budget. Budget and Financial Planning Manager Deanna Brklacich replied that there are some funds in the Perpetual account but that some funds may be available in the Capital Projects fund. St. George City Council Minutes December 8, 2011 Page Six Mr. Perkins stated that since there will be a higher fee required, they will return with a fee recommendation. Mayor McArthur thanked Mr. Schmitt for his research and presentation. Parks Planning Manager Laura Taylor stated that she and her staff have been working on the overall Tonaquint Park master plan and she believes there are some changes that need to be made due to the widening of Dixie Drive. Ms. Taylor said that she and her staff have been in contact with the Public Works Department to coordinate how the widening project will impact Tonaquint Park. Currently, there is an approved budget of $253,500 to upgrade the unimproved area of the park; however they are requesting more funds to make the additional improvements that will be needed due to the changes to Dixie Drive. Parks Planner Mark Goble presented a power point presentation that included the following: Original Tonaquint Park Expansion Design Current Budget: $253,500, Proposed Changes Cost Estimate: $503,000, Additional Money Requested and All-Abilities Park. City Manager expressed that the roads should connect as much as they possibly can to provide better access. Mr. Goble explained that with regard to the Tonaquint Nature Center, during the 2005 flood a lot of the vegetation was ...

...yor McArthur announced that a groundbreaking was recently held for the new Tonaquint Center, and a groundbreaking was also announced for a new 400,000 sq. ft. Steton Technologies facilities in the Ft. Pearce Industrial Park. HERITAGE DAYS ANNOUNCEMENT: Mayor McArthur announced that the City?s 141st birthday was coming up. He invited Vonda Larsen, Chairperson of Heritage Days, to review upcoming activities. Ms. Larsen distributed a flyer explaining the many events associated with Heritage Days, and invited the Mayor and Council to participate. Mayor McArthur announced that the City is one of the oldest cities in Utah to receive a charter from the territorial legislature. AWARD OF BID: Consider award of bid for concrete slab jacking for the River Road bridge project. Purchasing Agent Sue Swensen explained this contract is with Concrete Stabilization Technology through the State contract. The project was estimated to be under $25,000, but as the project progressed more repair to the bridge was needed and the contract exceeded the original contract amount. The final cost is $33,675. The project is now complete. She recommended approval. A motion was made by Council Member Orton and seconded by Council Member Whatcott to approve a contract with Concrete Stabilization Technology in the amount of $33,675. Mayor McArthur called for a vote, and all voted aye. The motion carried. AWARD OF BID: Consider award of bid for installation of a new steel floor at the Green Tank. Purchasing Agent Sue Swensen explained this was an emergency situation for installation of a new steel floor for the green tank on the West Black Ridge. The vendor is ERO Stout Construction in the amount is $87,000. City Manager Gary Esplin explained that as the contractor was getting ready to paint the tank it was discovered that the floor of the tank had deteriorated significantly. He authorized immediate repairs to enable the floor to be repaired in time for the summer season. A motion was made by Council Member Whatcott and seconded by Council Member Orton to authorize this emergency purchase in the amount of $87,000 with ERO Stout Construction. Mayor McArthur called for a vote, and all voted aye. The motion carried. St. George City Council Minutes January 9, 2003 Page Two Mayor McArthur explained that the City Council receives and reviews all bids over $25,000, but under the City?s Purchasing Ordinance, the City Manager is authorized to make emergency expenditures no matter what the amount, and the emergency expenditure is then presented to the City Council. Purchasing Agent Sue Swensen explained there has to be three bids for any purchase over $1,000. Any purchase over $10,000 is advertised in the newspaper and sealed bids are accepted. VACATING ORDINANCE: Consider approval of an ordinance vacating the Pine View Commercial Center Subdivision plat. City Manager Gary Esplin explained that this item was actually approved at the last City Council meeting, but in order for official action to be taken, an ordinance had to be prepared. A motion was made by Council Member Orton and seconded by Council Member Whatcott to approve the ordinance. City Manager Gary Esplin explained the reason for the vacation of the plat was to increase the size of some of the lots. An amended plat will be needed. Mayor McArthur called for a roll call vote, and all voted aye. The motion carried. AUTHORIZE ISSUANCE AND SALE OF SAN JUAN PROJECT REVENUE BONDS: Authorize the City?s representative on the UAMPS Board of Directors to authorize the issuance and sale of San Juan Project Revenue Bonds in the maximum amount of $1,920,000. City Manager Gary Esplin recommended that Phil Solomon be authorized to sign on the City?s behalf for the issuance and sale of revenue bonds for the San Juan power project. The City is a 52% entitlement partner in this project with UAMPS and other cities. This is an unbudgeted expenditure, but the overall savings over the life of the project is expected to be $20 million. The problem is that there are no operating funds to pay for it, and most cities want to do the funding through bonding. A motion was made by Council Member Allen and seconded by Council Member Gardner to authorize Phil Solomon to authorize the issuance and sale of San Juan Project Revenue Bonds in the amount of $1,920,000. Mayor McArthur called for a roll call vote, and all voted aye. The motion carried. City Manager Gary Esplin explained that staff is not happy with the way UAMPS has handled this process, nor the manner in which this information was received from UAMPS. Our concerns have been expressed to them, and it is hoped this will not be a reoccurring situation. SCHEDULE PUBLIC HEARING: Schedule a public hearing to consider amendments to the Subdivision Ordinance. A motion was made by Council Member Orton and seconded by Council Member Allen to schedule the public hearing for January 23, 2003 at 5:00 p.m. Mayor McArthur called for a vote, and all voted aye. The motion carried. REPORT FROM BOARD OF EQUALIZATION FOR SID 99-1 AND ASSESSMENT ORDINANCE: Consider adoption of an assessment ordinance confirming the assessment rolls and levying an assessment against certain properties in the City of St. George, Utah Special Improvement District 99-1, Washington County, Utah for the purpose of constructing a sewer outfall line within a portion of the municipality and other related improvements and all other miscellaneous work necessary to complete the improvements in a proper and workmanlike manner; and related matters. City Manager Gary Esplin explained that this special improvement district involves extension of the Ivins outfall line, and there were no protests made to the Board of Equalization. It is therefore recommended the assessments stand as submitted. St. George City Council Minutes January 9, 2003 Page Three A motion was made by Council Member Gardner and seconded by Council Member Orton to approve the assessment ordinance. Mayor McArthur called for a roll call vote, and all voted aye. The motion carried. ABANDONMENT RESOLUTION: Consider approval of a resolution abandoning an easement in the Bloomington Hills #10 Subdivision. City Manager Gary Esplin explained that the applicants, the McBrides, would like to combine two lots, and the City has received the required easements. Staff recommends approval. A motion was made by Council Member Whatcott and seconded by Council Member Orton to approve the resolution. Mayor McArthur called for a roll call vote, and all voted aye. The motion carried. ABANDONMENT RESOLUTION: Consider approval of a resolution abandoning an easement in the area of the new Walgreens store. City Manager Gary Esplin explained that a water line in front of the store was relocated and put into another easement. Walgreens? would now like to have the easement abandoned to it. Staff has no problem with the request. A motion was made by Council Member Gardner and seconded by Council Member Allen to approve the resolution. Mayor McArthur called for a roll call vote, and all voted aye. The motion carried. ENGINEERING SERVICES CONTRACT: Consider a request for approval of an engineering services contract with Bush & Gudgell to provide engineering design and construction management services for a drainage system in the vicinity of the Riverside Heights Subdivision. City Manager Gary Esplin explained that the City has been planning to do storm drain work in this area as part of its overall storm drainage plan. This contract is for design work only in the amount of $15,500. A motion was made by Council Member Orton and seconded by Council Member Gardner to approve the contract as recommended. Mayor McArthur called for a vote, and all voted aye. The motion carried. City Manager Gary Esplin explained that this will be a new system and will not replace an existing system. City Engineer Dave Demas explained that this system will intercept ground water drainage in the area. City Manager Gary Esplin explained that the City does not bid professional contracts. It asks for proposals and evaluates those received. The City tries to spread out the work among the different engineering firms as much as possible. ASSIGNMENT OF AIRPORT LEASE: Consider approval of an assignment of an airport lease. Brent Bice, applicant. City Manager Gary Esplin explained that Dr. Currie sold his hangar to Brent Bice and a transfer of rights is needed. The Airport Board recommends approval. A motion was made by Council Member Gardner and seconded by Council Member Allen to approve the assignment. Mayor McArthur called for a vote, and all voted aye. The motion carried. ENGINEERING AGREEMENT: Consider approval of an engineering agreement for design of storm drain systems in the Green Valley and Indian Hills area. City Manager Gary Esplin explained that there are drainage problems along Valley View Drive and funds were budgeted to resolve the problem and extend the storm drain line up Valley View Drive. This contract will allow engineering design to be completed. A contract with Rosenberg Engineers in the amount of $18,141 is recommended. St. George City Council Minutes January 9, 2003 Page Four A motion was made by Council Member Whatcott and seconded by Council Member Orton to approve the agreement. Mayor McArthur called for a vote, and all voted aye. The motion carried. CONSULTING SERVICES CONTRACT: Consider approval of a consulting services contract to comply with NPDES Phase II regulations. City Manager Gary Esplin explained that a federal mandate, through the state, has been forced upon the City to comply with discharge permits required under the Storm Drainage Act. This is an unfunded mandate as there are no funds available to assist with compliance. This mandate was triggered once the City reached a population of 50,000. The City is required to submit a plan to show how it plans to address storm drainage, and it will need to proceed with the hiring of consultant. It is recommended that J-U-B Engineering be retained in the amount of $15,760 to assist with this service. He explained that once the City develops its plan it has to show a time line for implementation. City Attorney Shawn Guzman suggested the time line be included in the contract. A motion was made by Council Member Orton and seconded by Council Member Gardner to approve the contract. Mayor McArthur called for a vote, and all voted aye. The motion carried. Assistant City Engineer Jay Sandberg advised that there is flexibility in the program which will allow the City to use things the City is already doing which will apply toward the program. J-U-B has practical experience as they are on a committee in the Wasatch Front working with the State Engineer on how to implement this program, and they feel the City is already doing many things which will help in this program. They are recommending that a steering committee be formed to attain community support and satisfy requirements of the permit. Staff received proposals from two other firms, and feels good about J-U-B?s proposal. PROPERTY DONATION: Consider approval of a property donation to accommodate a bike/pedestrian trail. City Manager Gary Esplin explained that the property in question is located next to the new Lilywhite Plant World along the Santa Clara River. As part of the negotiations with the property owners, Thompson & Dredge Properties, LLC, the City has agreed to build a wall. Leisure Services Director Kent Perkins advised that the City agreed to work with the property owner with regard to the original alignment in front of their building, and agreed to help with their fence. City Manager Gary Esplin advised that the agreement indicates the City will reimburse them for 967 linear feet of fence. Mr. Perkins explained that if the property owners decide to put in a wall instead, the City will only pay the difference between the two. City Manager Gary Esplin suggested that any action be subject to working out details of the fence and to make sure the provisions are included in the agreement. A motion was made by Council Member Whatcott and seconded by Council Member Orton to accept the property donation subject to working out details with regard to the fence, and making sure the details are contained in the agreement. Mayor McArthur called for a vote, and all voted aye. The motion carried. IMPROVEMENT DELAY AGREEMENT: Consider approval of an improvement delay agreement for completion of public improvements. City Manager Gary Esplin explained that the original master plan road alignment showed the road going through the middle of the Lilywhite Plant World property. The property owners, Thompson & Dredge Properties, LLC, agreed to move the road to the western most portion of their property, and they are requesting a delay improvement agreement so they not be required to install improvements until the road is actually completed. Staff recommends approval. St. George City Council Minutes January 9, 2003 Page Five A motion was made by Council Member Orton and seconded by Council Member Allen to approve the agreement. Mayor McArthur called for a vote, and all voted aye. The motion carried. ACCEPTANCE OF DEED OF DEDICATION: Consider acceptance of a dedication of roadway in the Sun River area. City Manager Gary Esplin explained that at the request of Qwest, Sun River has agreed to dedicate 499 sq. ft. of roadway for expansion of telephone service in the area. A motion was made by Council Member Orton and seconded by Council Member Gardner to accept the deed of dedication. Mayor McArthur called for a vote, and all voted aye. The motion carried. PROFESSIONAL SERVICES AGREEMENT: Consider approval of a professional services agreement with Campbell and Associates to provide design, bid and construction oversight services for the renovation of the Millcreek building. City Manager Gary Esplin explained that staff recommends approval of an agreement with Campbell and Associates in the amount of $12,208 to provide a general plan for changes to the building purchased in the Millcreek Industrial Park for relocation of the Parks Department. A motion was made by Council Member Gardner and seconded by Council Member Allen to approve the agreement. Mayor McArthur called for a vote, and all voted aye. The motion carried. O&M AGREEMENT: Consider approval of an operation and maintenance agreement between UAMPS and Colorado Energy Management, LLC for the operation and maintenance of the Payson generation facility. City Manager Gary Esplin explained the Water and Power Board recommends approval. The project is changing its name to the ?Nebo gas project?. The City is currently a partner in the project, and it has been determined that it would be best to hire an outside manager knowledgeable in this type of plant. It is proposed that Colorado Energy Management be hired to operate the plant for $320,000 a year, with $80,000 as an incentive bonus. The City is 13% of this project. The incentive is based on Colorado Energy Management?s ability to make the cost lower to use, and it should be made up in benefits to the City. He explained that the project is going forward, whether the City participates or not, and City staff is still evaluating some of the models on how to use the gas, but staff has not seen the final document. A motion was made by Council Member Gardner and seconded by Council Member Orton to approve the agreement. Mayor McArthur called for a vote, and all voted aye. The motion carried. APPROVAL OF MINUTES: Consider approval of the minutes of the regular City Council meeting held December 12, 2002. A motion was made by Council Member Orton and seconded by Council Member Allen to approve the minutes as amended. Mayor McArthur called for a vote, and all voted aye. The motion carried. Consider approval of the minutes of the City Council work meeting held December 19, 2002. A motion was made by Council Member Allen and seconded by Council Member Whatcott to approve the minutes as presented. Mayor McArthur called for a vote, and all voted aye. The motion carried. PROPOSAL FOR SENIORS HELPING SENIORS: Mayor McArthur advised that several residents propose creating a 501(c)(3) called ?Seniors Helping Seniors? to distribute donated wheelchairs, crutches and walkers at no cost to those who need them. The project will be run by volunteers. They would to temporarily set up a shed in the parking lot by the Doctors? Free Clinic, and eventually move into a facility at another location in a year or less. The parking lot is located on City property. There would be no storage of the materials on site, other than one or two devices to show the prospective user. St. George City Council Minutes January 9, 2003 Page Six City Manager Gary Esplin suggested that, if desired, the City Council could say they support the concept, but request a formal proposal. PUBLIC HEARING/AMEND ZONES/ORDINANCE: Public hearing to consider amending the PD Commercial and Open Space zones for the Tonaquint Center at 1600 South Dixie Drive. Community Development Director Bob Nicholson explained that the property is located north of the Tonaquint Cemetery along Dixie Drive, and the amendment is almost a wash in terms of total area. There may be four to five feet of fill in some areas. He then displayed a site plan of the project. The Planning Commission recommended approval subject to (a) the property owner installing and maintain erosion control (rip rap) with an approximate 2:1 slope; (b) the City trail be located on the rip rap with a minimum 5' setback from the edge of the rip rap; and (c) compliance with the erosion control plan recommendations including the 25' building setback. Council Member Whatcott inquired of staff if the proposed plan addresses the City?s concerns with the trail. Leisure Services Director Kent Perkins replied that the property owner has agreed to work with the City as best as he can with regard to the corners along the trail, and the two in question appear to be worked out. Gayle Maxwell, representing the owner, advised that problems with the trail have been worked out. Mayor McArthur opened the public hearing. There being no public comment, he closed the public hearing. A motion was made by Council Member Gardner and seconded by Council Member Allen to approve the request, by ordinance, subject to the recommendations of the Planning Commission. Mayor McArthur called for a roll call vote, and all voted aye. The motion carried. PUBLIC HEARING/ZONE CHANGE/ORDINANCE: Public hearing to consider a zone change from R-1-10 to PD Commercial for an athletic center on five acres located east of River Road on 1450 South Street. Community Development Director Bob Nicholson explained that the General Plan shows this area as future commercial. In 1995 the site was designated as commercial with medium density housing. The proposed zoning is consistent with the General Plan. Phase One will contain an outdoor pool, four tennis courts, an indoor pool and fitness center, 216 parking spaces, and a 25' landscape setback as required by the PD zone. The Planning Commission recommended approval but felt the building was plain and could use some more work. The new site plan shows additional trees, and the plan facade has been broken up. He then displayed the new revised rendering. Council Member Orton inquired if more commercial could be expected in this general location. Mr. Nicholson replied that more commercial would be located toward River Road. Council Member Whatcott commented that the proposed plan expands the area designated as commercial in the General Plan. City Manager Gary Esplin replied that the General Plan has no real definition of zoned areas, and simply designates general areas. While the requested zoning may have expanded according to the map, in concept it is in the general area of what is allowed. Steve Sheffield, applicant, explained he felt the health club would be a good transition between residential and commercial. He stated he wanted to preserve the corners for more retail use. The new stub road on River Road will tie into the existing road, and the old road now there will become part of the parking lot of the new facility. Mayor McArthur inquired of Mr. Sheffield if he was still planning to donate property to the middle of the river to the City. Mr. Sheffield replied that he had plans to do so, but it needed to be worked out. He advised that the Planning Commission wanted him to hide the commercial nature of the building, add more vegetation, and change the roof color. He also added a second St. George City Council Minutes January 9, 2003 Page Seven entrance for a physical therapy segment of the club. A child care facility has also been incorporated into the plan . Rick Whitington, representing the management entity of the club, introduced himself and advised that similar facilities have been built and are successful. The facility in Memphis has over 3000 members. Council Member Whatcott commented that while he was still concerned with the tilt-up concrete construction which looks like an industrial building, the new concept is improved. Mayor McArthur opened the public hearing. Tracy Hickman advised that he lived behind the proposed facility on the ridge in The Boulders. He stated that while the facility is beautiful and well thought out, he was concerned about its failure. It is a commercial development venture and should it fail for some reason it would impact his home. The proposed plan actually doubles the original commercial area, and should the facility fail, he would be faced with a large area of commercial development in his back yard. He stated that while there is a transition zone provided for in the original plan, anyone who has walked the site knows it would be like building on a ramp, and in reality there is only one street?s worth of transition area between his home and the facility. The Boulders development contains high-end housing and such a small transition area from commercial to high-end housing would subsequently depress property values. He also expressed concern about lighting from the parking and tennis court areas and noise pollution issues. He stated, however, those issues were minor compared to the greater issue of a large expansion of commercial area in a high-end residential district. There being no further public comment, Mayor McArthur closed the public hearing. Council Member Allen inquired about the distance between the back of the building and the toe of the hill. Rick Rosenberg replied there was a minimum in excess of 350', and the PD units will step up. Council Member Allen inquired why the facility was moved from the originally designated commercial area. Mr. Rosenberg replied that the master plan is a bubble concept, and the exact position of a line is difficult to determine. Mr. Sheffield?s master plan is what they are following. The medium density would wrap around the project and provide a buffer. Council Member Allen inquired about road changes. Mr. Rosenberg replied that Mr. Sheffield and the City entered into an agreement years ago which described in detail how improvements will have to be made to River Road and 1450 South. This is the plan today and there is a time limitation on when the road has to be built. Council Member Whatcott inquired if eventually the land will be raised out of the flood plain. Mr. Rosenberg replied that material is being stockpiled because the geotech report requires significant work. The large pile will dissipate over time. Mr. Sheffield replied that the acreage of the current plan is within an acre or so of the original plan, and there may be only a perception in difference. The facility was moved only slightly to accommodate parking as well as the public road in-between. Timing on relocating the intersection is something that is being discussed with Aron Baker. Mayor McArthur advised that the agreement between the parties provides that the City will improve frontage on River Road and Mr. Sheffield will improve frontage on 1450 South. Mr. Sheffield responded the agreement is that he will improve one side of 1450 South and the City will improve the other side, and he will honor the terms of that agreement. There is also enough distance between the facility and the back of homes for four homes and two roads. Mr. Hickman inquired about the size of the proposed homes. St. George City Council Minutes January 9, 2003 Page Eight Council Member Orton commented that the plan is for medium density. Mr. Sheffield replied that the homes will average around 1,800 sq. ft., which is the minimum size allowed in The Boulders. The pricing range will be between $175,000 - $250,000. Lynn Ryan, a homeowner near Mr. Hickman, commented she would prefer the roof be more of an earth tone and not bright green. Mr. Sheffield displayed a sample of the roofing material and color, and advised the roof will be dark green. Council Member Allen inquired about lighting. Mr. Sheffield replied that he lives on the ridge too, and is planning on down-type lighting for the tennis courts and parking lots. The project will be heavily landscaped all the way around. Mayor McArthur commented this lighting is generally referred to as directional lighting. He then called for a motion. A motion was made by Council Member Whatcott and seconded by Council Member Orton to approve the request by ordinance. Mayor McArthur called for a roll call vote, and all voted aye. The motion carried. PUBLIC HEARING/ZONE CHANGE/ORDINANCE: Public hearing to consider a zone change from R-1-10 and Open Space to PD Residential on 12.73 acres located north of Bloomington Country Club Phase 7 between Los Padres Drive and Kolob Drive. Associate Planner Mark Bradley displayed a conceptual plan of the area, and advised that the developer would like to rezone the area and reduce the width of the road from 50' to 41' and make it a gated, private street in order to make two additional lots on the site. The Hillside Review Board reviewed the request and made recommendations. The Subdivision Ordinance states that private streets shall not be approved except when public dedication is unnecessary as determined by the City Engineer. City staff is willing to reduce the road width from 50' to 45' as it is considered a hillside road. The applicant is not satisfied with this recommendation and wants a 41' private road. A request was made to the Planning Commission to accept a private street community. The applicant has filed an application to include some existing R-1-10 with some Open Space for a total of 12.73 acres in the PD zone. Issues discussed at the Planning Commission included gating the street. The General Plan states that the City will avoid cul-de-sacs, and staff recommends that there should be a public street through the project. The applicant proposes a key entry area for the gated road off of the cul-de-sac. The Planning Commission recommended approval, disagreeing with staff?s position, subject to four conditions: (a) pedestrian access remain open; (b) drainage issues be resolved with the final plat; (c) both cul-de-sacs are built and dedicated to the public; and (d) the key pad for the private gate be located outside of the public right-of-way. Staff still recommends the road be public without entry gates, and at least a 45' road be required. Council Member Allen commented that the road would have to be built to City standards. Council Member Gardner commented that a public street cannot be gated. Council Member Allen replied that there is already an existing development in this area, and the new development would be adding a street to roads which are already public. Council Member Gardner commented there are other gated communities in Bloomington. Council Member Orton replied that Pheasant Run is located outside of Bloomington and is a separate subdivision. Council Member Allen commented that Pheasant Run did not have to be accessed through another subdivision. Frank Lindhardt, general manager of the developer of the property, made a power point presentation and advised that the property was purchased from State Trust Lands, and the street has nothing to do with the gate. A gated street has always been St. George City Council Minutes January 9, 2003 Page Nine the intent from the beginning, and there is a need for a small gated community. The reason State Trust Lands had the property zoned R-1-10 was simply to sell it. Council Member Allen advised that State Trust Lands presented a plan for the property. Mr. Lindhardt replied that the proposed lots are all the same size or larger than R-1-10 zoning and the project is compatible. If the road were left where proposed, this would lead to scarring of the hillside and this is the primary reason it was moved off the hill. A hillside access road of 41' is allowed by ordinance to prevent scarring of hillsides. All homes will be custom homes. The Hillside Review Board unanimously approved the request subject to certain conditions which have been agreed to. The Planning Commission unanimously recommended approval with certain conditions, which also have been agreed to. There is no connectivity between the adjacent blocks because this project is against a hillside. Gates are needed to prevent crime and to make the residents feel more secure as Bloomington has the third highest rate of vehicle thefts in all areas of Washington County, and a gate is simply an extension of the front door. The private street will be maintained. This area has a major problem with drainage, and the project will solve this problem for the entire area with a large detention pond located next to the swimming pool. A gate is an important part of the development concept. He advised that this subdivision is a separate subdivision and not part of the Bloomington subdivision. Mayor McArthur explained that a hillside access road is for access, and not to be used as a street with homes. Associate Planner Mark Bradley advised that a 45' road is considered a hillside local street, and 41' is considered as actually going up a hillside, much like the Airport Road or Webb Point. Staff does not feel that a 4' difference in road width is going to scar much of the area. In 2000 staff recommended, as part of the zone change, that there should only be single loaded development in this area because of the rock fall. One member of the Hillside Review Board commented he would not think of putting homes there, but he abstained from voting. Mayor McArthur questioned whether the sample homes shown would have to be the exact homes built, as that is one of the purposes of a PD. Mr. Lindhardt read from the Subdivision Ordinance, and commented that a PD deals with sizes and color, rather than with specific shapes of homes. He stated the proposed subdivision would contain custom, not cookie cutter, homes. Community Development Director Bob Nicholson explained that a PD requires elevations showing the building and roof type and exteriors. Stonecliff?s PD presentation contained four to five renderings, and homes there do not all look the same but they are constructed of similar materials. He explained that the ordinance was drafted to deal more with townhomes and condos rather than with single family homes. Council Member Gardner commented that with regard to the road width, the justification for the narrower road was to avoid impacts. The Zoning Ordinance says that a PD text shall indicate the type, character and proposed height of all buildings. A plot plan and elevation may be prepared to help consider the proposal. Mr. Lindhardt replied that his application contained all of these. He commented he would be happy to go with the 45' road, as the gated road is the main issue. Mayor McArthur opened the public hearing. Alan Wright, a resident in the neighborhood of the proposed development, expressed concern with the proposed 41' road and stated he was glad the developer agreed to a 45' road although he still did not think 45' was wide enough. He expressed concern about drainage and how the developer?s drainage plan would be developed as this was important to those down the street. He suggested access to the project be made off Tonaquint rather than Escalante or Kolob. Ron Barden, a resident of Los Padres, suggested the entrance be made from Tonaquint. He expressed concern about the drainage plan because the existing pond has blown out the dirt dam at least twice. Jim Raines, representing the developer, advised that he worked with SITLA on the original zone change and SITLA originally wanted access off Tonaquint, but the two stub streets just end without adequate turn-around, and this precluded access off St. George City Council Minutes January 9, 2003 Page Ten Tonaquint. This issue was forced upon the developer by the way the previous subdivision was developed and is an existing condition which they are trying to solve. The City built a temporary detention basin at the end of Los Padres and this will be significantly upsized by 20 times. Additional drainage off the hill will be caught and taken through the roadway and diverted to the detention basin. Ron Barden commented that the larger dam would help hold more water, if the load factor will hold, but the breaking of the dam is as critical as the holding of water. There is a jog of land in the center of the development which the developer plans to sell back to adjacent homeowners, and he requested the same right. The original developer was going to give this land to the owners, and while he was not asking that it be given to him, he would like to purchase 10 feet of this land to preserve his vegetation. Phyllis Hintner, a resident of Los Padres, stated she felt it was odd the development would have an entrance open for pedestrians but closed for traffic, and she could envision cleaning ladies and workers parking down the street unless someone is available to let them in. Further, this will make Los Padres a delivery route. She expressed concern about access for fire trucks and other emergency equipment. She expressed concern about the narrowness of the road and that there was no off-street parking other than in front of the garages. She advised that she had a lot of experience in real estate development and she was worried about the traffic and the fact there would only be 25 people to take care of the private road. She also expressed concern about water and flash floods. She stated she wanted to see a formal drainage system plan, and if the plan is good, it would be a good project. Mayor McArthur advised Ms. Hintner that the developer has to take care of his own drainage water and it cannot run off onto her property. Ralph Lauren advised that the proposed properties will drain into the area, and this must be taken care of. He commented that a gated community would not work and will cost too much, and the proposed width of the road will not allow moving vans into the area. He stated that the City will be left in a double jeopardy situation when the developer leaves town and does not take care of his development. He commented the proposed project does not blend into the system, and it is really a mini Sun River concept, not a Bloomington concept. Jeff Hintner, a former home builder from Colorado, inquired who would be responsible to take care of flooding problems if the developer moved away when the development was finished or the project changed hands. Lloyd Paulson, a Civil Engineer and former Deputy City Engineer for Los Angeles, advised that the engineer for the state previously determined that the property in question was not feasible for development, not even as part of the original development. He advised that he served on a committee responsible for development of the hillside standards for the City of Los Angeles, and he had experience mapping the Santa Monica Mountains. It was his opinion that the rocks above the property in question are going to move, and he inquired what the City was going to do to protect those who lived beneath the rocks. He stated that most of the homes around the development are around 4,000 sq. ft., and this project will not be an upgrade to the area, but a downgrade. He stated the suggestion for a connection to Tonaquint was a good one, as the project could still have its gate and additional parking space adjacent to Tonaquint. Gene Scott advised that he lived across from the propose...

...ithout compromising quality of life. Two to three acres is needed and the Tonaquint Park site would be ideal because the nature center and infrastructure is already in place. Councilmember Gardner commented the garden should be located where it can be seen. Parks Superintendent Lynne Scott advised that the Dixie Center site would not be large enough, but the Tonaquint site already has restrooms, parking, and access to a classroom in the Nature Center. Councilmember Whatcott expressed concern that acreage at the Tonaquint Park site was needed for a soccer field. City Manager Gary Esplin commented that while the Dixie Center site may not be the first choice, a lot of people would have exposure to the garden as they used the Dixie Center and trailhead. Ms. Scott advised that eventually a new parks maintenance building will be needed, and while a site has not been decided upon, one area high on the list is the Tonaquint site. Mayor McArthur commented that the original purpose for purchasing the Tonaquint area property was to expand the cemetery, and this use has already been infringed upon by the tennis complex. City Manager Gary Esplin commented serious problems exist with the current Parks Maintenance facility and it will either have to be razed and a new one constructed on the site, or relocated somewhere else. He commented that Kay Traveller expressed interest in trading some frontage along the Tonaquint cemetery site for property in the back, and perhaps this area could be used for a maintenance facility. Mr. Esplin commented that as much as he would like to see the demonstration garden located near the Dixie Center, the property is much too valuable. Councilmember Gardner suggested locating the demonstration garden behind Elks Field on the south end, or near the Woodward building or at Worthen Park in place of the maintenance facility. John Costanza, landscape architect, is designing the garden for free. He advised the Tonaquint location was best because of existing parking and restroom facilities, and would be compatible with uses at the park. The Dixie Center site would require a lot of up-front construction costs. Mayor McArthur commented that Tonaquint Park has been the site of the City’s Arbor Day celebration, and if there is room for everything, he liked the site. Councilmember Whatcott inquired why two to three acres was needed for the garden, and commented that the City should be realistic in its donation of property. Mayor McArthur commented that the City should be a leader and join with the District in adoption of the demonstration garden. 15% conservation will result in putting off major projects for five to six years and will save the City substantial money. Councilmember Orton suggested locating the garden at the Quail Creek water treatment plant. Councilmember Gardner commented that justification for the City’s participation should be location of the garden in a place where people will see and use it as an amenity. He expressed concern that location of the garden at Tonaquint would not provide sufficient exposure, and as there are already two parks and a nature center in this area, perhaps the City should disburse its amenities throughout the City. Mayor McArthur commented it appeared the Tonaquint site was the best location. Councilmember Isom commented she ...

...CHANGE/ORDINANCE: Consider approval of an ordinance changing the zone for Tonaquint Cove Phase 2 from M-G (Mining and Grazing) to R-1-10 (Single-Family Residential, minimum lot size 10,000 square feet) on approximately 33.26 acres located south of Curly Hollow Drive and Rock Park Drive.   Planner Carol Davidson presented the request to change the zone from M-G (Mining and Grazing) to R-1-10 (Single-Family Residential, minimum lot size 10,000 square feet) on approximately 33.26 acres located south of Curly Hollow Drive and Rock Park Drive.  She provided a PowerPoint presentation covering the following topics: aerial map; general plan and zoning maps; site plan; and open space exhibit.  The Planning Commission recommended approval.   MOTION:      A motion was made by Councilmember Randall to approve the ordinance changing the zone for Tonaquint Cove Phase 2 from M-G to R-1-10 on approximately 33.26 acres loca...

...AT AMENDMENTS: Consider approval of an amended final plat subdivision for Tonaquint Heights Phase 1 Amended.   Consider approval of an amended final plat subdivision for Tonaquint Heights Phase 2 Amended.   Consider approval of an amended final plat subdivision for Tonaquint Heights Phase 3 Amended.   Assistant Public Works Director Wes Jenkins presented the amended final subdivision plats for Tonaquint Heights Phase 1 Amended, Tonaquint Heights Phase 2 Amended, and Tonaquint Heights Phase 3 Amended, all of which are located at Chandler Drive and approximately 1200 West Street.  The purpose of these amended final subdivision plats is to adjust the internal lot restriction and increase the buildable area within each lot located within these plats; zoning is R-1-40.   He showed the final plats and outlined the proposed amendments.   MOTION:        A motion was made by Councilmember Randall to approve the amended final plat for Tonaquint Heights Phase 1. SECOND:        The motion was seconded by Councilmember Baca. VOTE:             Mayor Pike called for a vote, as follows:   Councilmember Randall– aye Councilmember Bowcutt – aye Councilmember Baca – aye           The vote was unanimous and the motion carried.   MOTION:        A motion was made by Councilmember Randall to approve the amended final plat for Tonaquint Heights Phase 2. SECOND:        The motion was seconded by Councilmember Baca. VOTE:             Mayor Pike called for a vote, as follows:   Councilmember Randall– aye Councilmember Bowcutt – aye Councilmember Baca – aye           The vote was unanimous and the motion carried.   MOTION:        A motion was made by Councilmember Randall to approve the amended final plat for Tonaquint Heights Phase 3. SECOND:      &nbs...

...l (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 (...

...hase 1.846 acres from Kay H. Traveller Investments for an extension of the Tonaquint Cemetery.   City Manager Gary Esplin advised the request is to enter into a purchase contract to purchase 1.846 acres from Kay H. Traveller Investments in the amount of $300,000.  The contract will include roll back tax the City can negotiate with Washington County for abate this tax.   Councilmember Bowcutt stepped out.   MOTION:      A motion was made by Councilmember Arial to purchase 1.846 acres from for an extension of the Tonaquint Cemetery from Kay H. Traveller Investments in the amount of $300,...

.... minimum lot size) on 2.0 acres and to OS (Open Space) on 23.21 acres for Tonaquint Cove Phase 2B; generally located at approximately 2150 South Rock Park Drive.     St. George City Council Minutes December 5, 2019 Page Nine   Community Development Director John Willis presented the request to rezone two parcels from M&G to R-1-10 and OS. The parcels are not currently part of a platted subdivision, but the proposed R-1-10 parcel is expected to return as a proposed plat for approximately five (5) lots.  He provided a PowerPoint presentation covering the following topics: aerial map; and general plan map.  After being asked by City Manager Adam Lenhard he explained the designation for park matched up with the parcel lines.  This parcel was specifically identified as a park.  He continued with the PowerPoint presentation covering the following topics:  zoning map; and applicant’s exhibit after which he showed the master planned road near the property.    Councilmember Smethurst commented that if he was a property owner near this parcel, he would not be too happy with this request.   Mr. Willis noted these concerns were brought up during the public hearing at the Planning Commission meeting.  Staff recommended approval; however, after the Planning Commission meeting, they are a bit hesitant.   Applicant Logan Blake explained they went through a process of a GPA several years ago.  Because the road had to be shifted, it left the parcel not as desirable as the rest of it.  They would like to use this property to build homes as are planned on the other side of the road.  They are trying to have development help pay for the road; as opposed to it being City-funded if they donated it to the City.  Also, they are coming in with good faith bringing in the open space.   Mayor Pike commented he feels the property should remain as it was planned.     Residents Sara and Alan Unrein explained these lots are right in their backyard; they would like it to remain open space.  Neighbors they have spoken with feel the same.  Mr. Unrein noted he is concerned with water runoff in the area when it rains.    MOTION:      A motion was made by Councilmember Smethurst to deny request to change the zone from Mining & Grazing to R-1-10. SECOND:      The motion was seconded by Councilmember Baca.   Assistant City Attorney Victoria Hales asked for clarification on the motion.  She asked if Councilmember Smethurst was denying the entire request or just the change from Mining & Grazing to R-1-10.   AMENDED MOTION:      Councilmember Smethurst amended his motion to deny the request to change the zone from Mining & Grazing to R-1-10 on 2.0 acres and to approve changing the zone from Mining & Grazing to Open Space on the entire 25.21 acres for Tonaquint Cove Phase 2B generally located at approximately 2150 South Rock ...

...roximately 15.31 acres for a future residential subdivision to be known as Tonaquint Ridge.   Planner Carol Davidson presented the request to rezone approximately 17.77 acres M-G to R-1-10 for the purpose of developing residential units on property generally located west of the existing Curly Hollow Drive.   This zone change request is in harmony with the Low Density Residential (LDR) General Plan land use designation.  She provided a PowerPoint presentation covering the following topics: aerial map; general plan map; zoning map.  The Planning Commission recommended approval.  She indicated that the developer would be required to extend the road.    Mayor Pike opened the public hearing.  There being no comment, he closed the public hearing.   MOTION:      A motion was made by Councilmember Arial to approve the ordinance changing the zone from M-G to R-1-10 on approximately 15.31 acres for a future residential subdivision to be known as Tonaquint Ridge. SECOND:        The mot...

...s – Recreation/Other Areas; Recreation Facility Use and Programming; Tonaquint Cemetery Section 7 Installation; T.J. Concession Stand; Projects at Thunder Junction; Parks Division Tech Crew Projects; Snake Hollow Bicycle Skills Park; Parks Division Tech Crew Projects; Volleyball Courts at The Fields Phase VI; Challenges; Park and Trail Master Plan; Acreage of Parks Maintained Areas Since Fiscal Year 2017-2018; Community Gardens & Thunder Junction Parking; Bear Claw Poppy Trailhead; Ongoing Projects/Efforts; To Be Thinking About; Future Projects; Tonaquint Cemetery Cremation Garden; Black Hill View Park Playground Replac...

.... minimum lot size) on 2.0 acres and to OS (Open Space) on 23.21 acres for Tonaquint Cove Phase 2B; generally located at approximately 2150 South Rock Park Drive.     St. George City Council Minutes December 5, 2019 Page Nine   Community Development Director John Willis presented the request to rezone two parcels from M&G to R-1-10 and OS. The parcels are not currently part of a platted subdivision, but the proposed R-1-10 parcel is expected to return as a proposed plat for approximately five (5) lots.  He provided a PowerPoint presentation covering the following topics: aerial map; and general plan map.  After being asked by City Manager Adam Lenhard he explained the designation for park matched up with the parcel lines.  This parcel was specifically identified as a park.  He continued with the PowerPoint presentation covering the following topics:  zoning map; and applicant’s exhibit after which he showed the master planned road near the property.    Councilmember Smethurst commented that if he was a property owner near this parcel, he would not be too happy with this request.   Mr. Willis noted these concerns were brought up during the public hearing at the Planning Commission meeting.  Staff recommended approval; however, after the Planning Commission meeting, they are a bit hesitant.   Applicant Logan Blake explained they went through a process of a GPA several years ago.  Because the road had to be shifted, it left the parcel not as desirable as the rest of it.  They would like to use this property to build homes as are planned on the other side of the road.  They are trying to have development help pay for the road; as opposed to it being City-funded if they donated it to the City.  Also, they are coming in with good faith bringing in the open space.   Mayor Pike commented he feels the property should remain as it was planned.     Residents Sara and Alan Unrein explained these lots are right in their backyard; they would like it to remain open space.  Neighbors they have spoken with feel the same.  Mr. Unrein noted he is concerned with water runoff in the area when it rains.    MOTION:      A motion was made by Councilmember Smethurst to deny request to change the zone from Mining & Grazing to R-1-10. SECOND:      The motion was seconded by Councilmember Baca.   Assistant City Attorney Victoria Hales asked for clarification on the motion.  She asked if Councilmember Smethurst was denying the entire request or just the change from Mining & Grazing to R-1-10.   AMENDED MOTION:      Councilmember Smethurst amended his motion to deny the request to change the zone from Mining & Grazing to R-1-10 on 2.0 acres and to approve changing the zone from Mining & Grazing to Open Space on the entire 25.21 acres for Tonaquint Cove Phase 2B generally located at approximately 2150 South Rock ...

...y expenses and operational costs. However, due to the addition of the new Tonaquint Cemetery, if fees are not raised, revenue will slip to 43% of the City?s costs and expenses. In order to remain at 70%, it is recommended that the price of a plot and perpetual for a resident rise from $325 to $475. Non-resident rates would similarly rise. It is recommended that burial charges for a resident on a weekday increase from $195 to $260, with higher rates on Saturdays. Fees for non-residents would similarly rise. It is also recommended that veterans be allowed one free plot in the new Tonaquint Cemetery at the time of need, with a $150 opening and closing fee. The Tonaquint Cemetery will include an area for upright monuments, but additional fees will be charged due to the higher cost of maintenance. Councilmember Allen arrived. Mr. Perkins advised that reservation of plots without payment will no longer be accepted at either cemetery. Mayor McArthur advised the Tonaquint Cemetery will contain a veterans? memorial, and plots for veterans will be dispersed throughout the cemetery. Mr. Perkins advised the roundabout in the Tonaquint Cemetery has been designated as the site for the veterans? memorial. Assistant Parks Superintendent Mike Henry advised cemetery fees have not been raised since 1994. Mr. Perkins advised the fee increase would take effect immediately, and the Tonaquint Cemetery is projected to open on May 1. A motion was made by ...

...verside Drive for an intermediate school. There is another open space on Tonaquint Drive near a Methodist church. The high-density area would need to be rezoned. If the school is located on Tonaquint Drive the property would need to be almost free to the district s...

...on carried. PRELIMINARY PLAT: Consider a preliminary plat request for Tonaquint Hills with 5 commercial lots located west of Dixie Drive at approximately 1500 South. Gail Maxwell, representative. Bob Nicholson presented Tonaquint Hills Subdivision for 5 lots located just west of Dixie Drive and 100 South. There was a little issue that came up with the Planning Commission where the staff will have to sit down with the developer and get the location of a road in the valley and where it will tie into Dixie Drive. It will need to be resolved. MOTION: A motion was made by Council Member Whatcott to approve the preliminary plat for Tonaquint Hills. SECOND: The motion was seconded by Council Member Bunker. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. HILLSIDE PERMIT: Consider a request for a hillside development permit for a proposed roadway within the Sunbrook Planned Development. The proposed intersection is located off of Sunbrook Drive between Crystal Lakes Drive and Dixie Drive. Sun Hill Homes, applicant. Assistant Planner Ray Snyder presented the hillside request which is located at Sunbrook Drive and Dixie Drive. The site was excavated and disturbed during the early 1990's. At that time there was a dirt road put in. The proposed road will follow along that route. The site does contain expansive soils. Three-fourths of the way up is really the subject area. Distance here is where the golf cart will go under and wind their way down. St. George City Council Minutes August 5, 2004 Page Seven Mayor McArthur asked if the developer will put the cart path under or is this something the City will have to do? City Manager Gary Esplin replied staff has a discussion going on with this right now. When the golf course was built in 1989 the idea was to run the cart path along the road. No one like that idea as far as a safety standpoint issue. The developer is willing to put in some money toward the box cove and the City may have to come up with the balance. MOTION: A motion was made by Council Member Gardner to grant the Hillside Development Permit for a proposed roadway with the Sunbrook Planned Development. SECOND: The motion was seconded by Council Member Orton. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. HILLSIDE PERMIT: Consider a request for a hillside development permit for a proposed multiple family residential development (Bella Terrazza at Sunbrook) located within the Sunbrook Planned Development off of Dixie Drive. Sun Hill Homes, applicant. Assistant Planner Ray Snyder stated this item has expansive soils. The Hillside Review Board felt confident to let this item go forward. MOTION: A motion was made by Council Member Gardner to grant the Hillside Development Permit for a proposed multiple family residential development. SECOND: The motion was seconded by Council Member Orton. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. HILLSIDE PERMIT: Consider a request for a hillside development permit for a proposed single-family residential development (Highlands at Green Valley) located within an R-1-10 (Single Family Residential) Zone off of Dixie Drive, south of Sunbrook. Milo McCowan, agent for applicants. Assistant Planner Ray Snyder stated the site is on the west side of Dixie Drive adjacent to the Sunbrook Planned Development. The City master plan does show a plan to tie into Dixie. Because of the dips and valleys they felt it was a unique area. There was a great deal of discussion of retaining walls. They do want to come back and discuss that with the developer. The Hillside Review Board recommended approval subject to the following conditions; 1. The elimination of lot 124 and modification of lot 125. 2. Finalize a landscape plan. 3. Work with City Engineering to reduce the height of the proposed retaining walls. 4. Determined the proposed road cut as aesthetically insignificant and complete a unique cut through an area of 40% slope, serving as part of the City Road Master Plan. 5. Meet the 30' setback along the ridgelines where applicable. MOTION: A motion was made by Council Member Gardner to grant the Hillside Development Permit for a proposed single family residential development. SECOND: The motion was seconded by Council Member Allen. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. HILLSIDE PERMIT: Consider a request for a hillside development permit to construct a portion of Riverside Drive from River Road to Foremaster Drive. Jerry Amundsen with Carter & Burgess Engineering, representing St. George City. St. George City Council Minutes August 5, 2004 Page Eight Assistant Planner Ray Snyder stated this is a City initiated project. This is by Riverside Drive up by Foremaster. This is for an improved road in this area. The Hillside Review Board has recommend approval. MOTION: A motion was made by Council Member Gardner to grant the Hillside Development Permit to construct a portion of Riverside Drive from River Road to Foremaster Drive. 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: Public hearing to consider a zone change form A-1 Agriculture to R-1-10 Single Family 10,000 sq. ft. minimum lots size, on 9.5 acres located at 2750 East 2000 South. Brent Greenwood, applicant. Community Development Director Bob Nicholson stated it was rezoned from A-1 to R-1-10 on 9.5 acres. The parcel is just west of the parcel that was just rezoned from Mobile Home Zone to R-1-10. The Planning Commission recommends approval because it meets the general plan and is adjacent to the R-1-10 zoning. 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 a zone change. of R-1-10. 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: Public hearing to consider an amendment to the City?s Road Master Plan in the Southgate area by upgrading 2070 South Street from a 60' right-of-way to a 66' right-of-way, and reduce the right-of-way from 66' to 60' for the proposed street going west from Tonaquint Drive which aligns with Upper Sir Monte Drive which aligns with Upper Sir Monte Drive which extends east from Tonaquint Drive. Ed Burgess, applicant. Community Development Director Bob Nicholson stated there are two roadways that are flip-flopping their designation plans. This is a better place to have this major collective road down in the valley where it will serve development on both sides. Planning Commission makes approval on that. 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 an amendment to the City?s Road Master Plan. 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: Public hearing to consider a zone change from Open Space to Planned Development Residential on 29.4 acres located at approximately 1300 West Bluegrass Way to be added to the Sun River development. Sun River Development, applicant. Community Development Director Bob Nicholson stated this is to add 29.4 acres to the Sun River development. This is located up on a bluff. The interior roads will be private. Single detached units and private roads. It is currently owned by State Trust Lands. St. George City Council Minutes August 5, 2004 Page Nine 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 zone change from Open Space (OS) to Planned Development Residential (PD) 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: Public hearing to consider a request to vacate lots 2 and 19 of the Ft. Pierce Industrial Park Subdivision located at 3850 South and 1700 East. Mark Burgess, applicant. Community Development Director Bob Nicholson presented the plat showing the layout of lots 2 and 19. Basically they are further dividing the lot. When you amend a recorded plat if you don?t receive 100% consents then there has to been a public hearing. The concept to vacate these two lots from the plat and make it with 12 lots in Lot 2. Lot 19 was tabled to come back with different size lots. Mayor McArthur said this was developed originally for large lots. If they set this up it will take away from the larger lots and make smaller lots. Residents have concerns what kind of types of businesses will come in. Community Development Director Bob Nicholson said there was a great deal of discussion on the size of lots in the Planning Commission. Council Member Allen said the people that where present at the Planning Commission meeting are not here tonight. Their concerns were that they had purchased large lots and put a lot of money into them and were told that the surrounding lots would remain large lots. Mayor McArthur opened the public hearing. There being no public comment, he closed the public hearing. Mark Burgess stated if you look around the St. George area there is no industrial area for the small contractors. There is a huge demand to find smaller lots for the manufacturing zones. Council Member Orton said he doesn?t see how small lots can hurt an industrial park. Council Member Allen stated traffic was also a concern. Mark Burgess stated that is a 60' road. Council Member Gardner said the road was built to handle industrial type traffic. Council Member Gardner stated he looks at the need and he feels the need is there for the smaller contractors. He feels the smaller contractor should be treated the same as the larger contractor. Mayor McArthur feels condensing down to smaller lots creates a larger density. MOTION: A motion was made by Council Member Gardner to vacate Lots 2 and 19. SECOND: The motion was seconded by Council Member Whatcott. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. PRELIMINARY PLAT: Consider a preliminary plat request for Classic Industrial Park at Fort Pierce with 12 lots located at 3850 South and 1500 East. Mark Burgess, applicant. Community Development Director Bob Nicholson stated the Planning Commission did recommend approval of this preliminary plat for 7.8 acres with 12 lots. MOTION: A motion was made by Council Member Whatcott to approve the preliminary plat. St. George City Council Minutes August 5, 2004 Page Ten 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: Public hearing to consider amending St. George City Code, Sections 10-19-4B and 10-7C-7H and 10-8-5.D1b to delete a provision that allows a 10 foot setback to the garage from private streets in the areas of the City bounded by I-15 on the east and south, Bluff Street on the west, and the Red Hills on the north. City of St. George, applicant. Community Development Director Bob Nicholson stated that back in 1991 the City changed the setback for private streets from 8 ft. to 18 ft. Since then they are now 20 ft. Some of the older projects in town still have the 8 ft. In October of last year when the Central City Zone was accepted that did away with the narrow setback. The only area of town that still has a 10 ft. provision on the books is Sand Town (approximately Diagonal and Bluff). The recommendation is to make the setbacks to the private garage off a private lane uniform at 20 ft. 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 Gardner to approve by ordinance. 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: Public hearing to consider vacating the Paragon Cove Townhomes at Stone Cliff Phases 1 plat. Community Development Director Bob Nicholson said this is a request to vacate an existing plat and replace it with a new rendering. The lot boundaries have expanded reducing the number from 23 lots to 21. 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 vacating the Paragon Cove Townhomes at Stone Cliff Phase 1 plat. SECOND: The motion was seconded by Council Member Allen. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. FINAL PLAT: Consider a final plat approval for Paragon Cove Townhomes at Stone Cliff - Phase 1 Amended with 21 single family detached units located off of Cliff Point Drive and Colbalt Drive. Gail Maxwell, agent. Community Development Director Bob Nicholson presented the final plat. Planning Commission and staff recommends approval. MOTION: A motion was made by Council Member Orton to approve final plat with authorization for Mayor to sign. 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 August 5, 2004 Page Eleven CONDITIONAL USE PERMIT: Consider approval of a conditional use permit for a church in an A-1 zone at 1853 North on Tuweap Drive. Oasis Community Church, applicant. Assistant Planner Ray Snyder stated the applicant proposes to construct a 5,000 sq. ft. single story church building. The building is a pre-manufactured steel building. The applicant proposed to have a stucco system over steel panel surface. The approval is for a church only. There will be no school operations at this site. The Planning Commission recommends approval subject to the dedication of Tuweap Drive and that all utilities, infrastructure, and right-of-way requirements shall be resolved prior to issuance of a certificate of occupancy. Council Member Orton asked when are they starting to build the church. The applicant replied they hope to pour the foundation around October. MOTION: A motion was made by Council Member Orton to approve a conditional use permit as has been presented to us. SECOND: The motion was seconded by Council Member Bunker. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. CONDITIONAL USE PERMIT: Consider approval of a conditional use permit for a low volume medical office in a landmark site at 190 South 100 East. Dr. Mike Symond, applicant. Assistant Planner Ray Snyder stated this request before you is to operate a low volume facility called ?Dr. Mike?s Natural Health? at a Historical Landmark Site. The site was approved as a lan