City Council Minutes

Thursday, May 19,2005



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
MAY 19, 2005, 4:00 P.M.
CITY COUNCIL CHAMBERS

PRESENT:
Mayor Daniel McArthur
Council Member Gail Bunker
Council Member Bob Whatcott
Council Member Larry Gardner
Council Member Rod Orton
Council Member Suzanne Allen
City Manager Gary Esplin
City Attorney Shawn Guzman
City Recorder Gay Cragun

OPENING:
Mayor McArthur called the meeting to order and welcomed all present. The pledge of allegiance was led by Gay Cragun and the invocation was offered by Reverend Alex Wilkey.

PROCLAMATION:
Mayor McArthur read a proclamation proclaiming May as Foster Care Month in the City.

PRESENTATION:
Joe Anderson, Utah Local Governments Trust, announced that St. George City Public Works employee Jason Torgerson took first place in the Truck Rodeo, and in fact had the best score in the last ten years. He congratulated Mr. Torgerson and then presented the City with a certificate to be used to purchase safety items.

RESOLUTION:
Consider approval of a resolution of the City Council of the City of St. George, Utah (the ?Issuer?), finalizing the terms and conditions of the issuance and sale by the Issuer of its Electric Revenue Bonds, Series 2005 in the aggregate principal amount of not to exceed $19,000,000 (the ?Series 2005 bonds?); awarding and confirming the sale of said Series 2005 bonds; authorizing the execution by the Issuer of a general indenture of trust, a first supplemental indenture of trust, and other documents required in connection therewith; authorizing and approving a preliminary official statement and final official statement; authorizing and approving a bond purchase contract; and authorizing the taking of all other actions necessary to the consummation of the transaction contemplated by this resolution; providing a severability clause; repealing resolutions and orders in conflict; providing an effective date; and related matters.

Jason Burningham, fiscal agent, explained that the City hit the market at one of the best possible times. He then reviewed a summary of the bond issuance. He explained that the bond issue will provide $17.5 to acquire a gas turbine and put it into operation. Closing is scheduled for May 26. Approval of the final bond resolution will authorize the Mayor to sign the bond purchase agreement.

MOTION: A motion was made by Council Member Allen to approve the resolution.

SECOND: The motion was seconded by Council Member Gardner.

VOTE: Mayor McArthur called for a roll call vote, as follows:

Council Member Allen - aye
Council Member Gardner - 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 chip seal aggregate.

Purchasing Agent Sue Swensen presented two bids:

PCI $54,750
Quality Excavation $54,000

She recommended award of the bid to the low bidder, Quality Excavation, in the amount of $54,000.

MOTION: A motion was made by Council Member Orton to award the bid to Quality Excavation in the amount of $54,000.

SECOND: The motion was seconded by Council Member Gardner.

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

AWARD OF BID:
Consider award of bid for the Valley View water line crossing.

Purchasing Agent Sue Swensen presented the bids received:

B. Jackson Construction $121,820.53
Niels Fugal Sons Company $129,437.33
Terry Brotherson Excavating $161,191.57

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May 19, 2005
Page Two

Trade West Construction $146,070.00

She recommended award of the bid to the low bidder, B. Jackson Construction, in the amount of $121,820.53.

MOTION: A motion was made by Council Member Gardner to award the bid to B. Jackson Construction in the amount of $121,820.53.

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 the Millcreek 138kV line structure.

Purchasing Agent Sue Swensen presented the bids received:

Becho $578,000
Jones Excavating $218,952
Most Wanted $256,850
Sturgeon Electric $348,973

She explained that the project consisted of mobilization, drilling, concrete foundations, etc. She recommended award of the bid to the low bidder, Jones Excavating, in the amount of $218,952.

MOTION: A motion was made by Council Member Gardner to award the bid to Jones Excavating in the amount of $218,952.

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 relay and control panels for the River Substation and Millcreek Plant.
Purchasing Agent Sue Swensen presented the bid received:

Specialty Electric $125,925.00

She recommended award of the bid to Specialty Electric in the amount of $125,925.

MOTION: A motion was made by Council Member Orton to award the bid to Specialty Electric in the amount of $125,925.

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 design services for the River to Millcreek 138kV line design, Millcreek Plant line relaying, and River Substation line relaying and breaker additions.

Purchasing Agent Sue Swensen explained it appeared that ICPE was the most qualified to perform the work. She recommended award of the bid to ICPE in the amount of $103,113.

MOTION: A motion was made by Council Member Allen to award the bid to ICPE in the amount of $103,113.

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 CONTRACT:
Consider approval of a design engineering agreement with Rosenberg Associates for the Sunset Village groundwater mitigation project.

Purchasing Agent Sue Swensen recommended approval of an agreement with Rosenberg Associates in the amount of $39,800.

MOTION: A motion was made by Council Member Allen to approve an agreement with Rosenberg Associates in the amount of $39,800.

SECOND: The motion was seconded by Council Member Gardner.

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

AWARD OF BID:
Consider award of bid for uniform laundry services.

Purchasing Agent Sue Swensen explained that the new state contract for uniform laundry service has been let to Unifirst Corporation. After review of the bids and meeting with each City department, she recommended award of the contract to Unifirst for two years at $45,000 per year. The bid award can be reviewed if there are any problems.


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Page Three

MOTION: A motion was made by Council Member Orton to award the bid to Unifirst for two years at $45,000 per year.

SECOND: The motion was seconded by Council Member Whatcott.

Ms. Swensen explained that the amount would not exceed $45,000 per year.

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

Ms. Swensen explained that she met with a member of each City department, and each had ongoing issues with the City?s current laundry provider, American Linen.

ORDINANCE:
Consider approval of an ordinance amending Title 1, Chapter 10B, St. George City Code, with regard to bidding procedures.

City Manager Gary Esplin explained that approval of the ordinance would authorize the City Manager to approve change orders which are within the scope and budget of the project.

Mayor McArthur commented that the City Council will still see the change order and be able to ratify it. An example was the 400 East project where some of the change orders were over $25,000 and required City Council approval, yet there was a delay of weeks between City Council meetings which resulted in a delay in the project.

City Manager Gary Esplin suggested that a limit be set at $100,000 to provide more flexibility, yet would not provide carte blanche approval of all change orders.

Council Member Whatcott commented that most change orders are an increase in cost and not within budget, and perhaps it would be better to set a limit for the sake of timeliness. He stated that while he agreed with the philosophy, he was not sure how to get there.

Council Member Gardner commented that generally the subject projects are major utility, capital facility or road projects, and in relationship to their cost which typically is a 3-5 million dollar contract, a change order for $100,000 is not a lot.

City Manager Gary Esplin suggested that a limit be set of $50,000. This figure could always be amended at a later date.

Mayor McArthur suggested that any change order up to that amount be brought to the City Council?s attention.

MOTION: A motion was made by Council Member Whatcott to approve the ordinance, giving the City Manager discretion to approve change orders up to $50,000.

SECOND: The motion was seconded by Council Member Gardner.

VOTE: Mayor McArthur called for a roll call vote as follows:

Council Member Whatcott - aye
Council Member Gardner - aye
Council Member Allen - aye
Council Member Orton - aye
Council Member Bunker - aye

The vote was unanimous and the motion carried.

RESOLUTION:
Consider approval of a resolution authorizing the City to sell its entitlement in the San Juan Power Plant.

MOTION: A motion was made by Council Member Orton to approve the resolution.

SECOND: The motion was seconded by Council Member Bunker.

VOTE: Mayor McArthur called for a roll call vote as follows:

Council Member Orton - aye
Council Member Bunker - aye
Council Member Whatcott - aye
Council Member Allen - aye
Council Member Gardner - aye

The vote was unanimous and the motion carried.

SPECIAL EVENT PERMIT:
Consider approval of a special event permit for a dance at the Fiesta Fun Center. Brett Crockett, applicant.

City Manager Gary Esplin explained the dance is being held May 27. The Police Department has reviewed the request, and the Fire Department will inspect the premises the day of the dance. Staff recommends approval.

MOTION: A motion was made by Council Member Gardner to approve the special event permit.


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Page Four

SECOND: The motion was seconded by Council Member Allen.

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

ORDINANCE:
Consider approval of an ordinance amending certain sections of Title 5, Chapter 4, St. George City Code, adding the definition of ?firearm?.

City Manager Gary Esplin explained that this item and the next ordinance amendment are technical amendments to conform with State law.

City Attorney Shawn Guzman explained that the proposed ordinance adopts language contained in the State Code defining a firearm.

MOTION: A motion was made by Council Member Gardner to approve the ordinance.

SECOND: The motion was seconded by Council Member Bunker.

VOTE: Mayor McArthur called for a roll call vote, as follows:

Council Member Gardner - aye
Council Member Bunker - aye
Council Member Allen - aye
Council Member Whatcott - aye
Council Member Orton - aye

The vote was unanimous and the motion carried.

Council Member Allen inquired if a paintball gun were considered a firearm.

Mr. Guzman replied that it would depend on how it was used, but generally, no.

ORDINANCE:
Consider approval of a ordinance amending Ordinance 2005-02-003 regarding use of personal motorized mobility devices on sidewalks.

City Attorney Shawm Guzman explained that the ordinance contains technical changes to the ordinance dealing with ?segways? to conform with changes made to state law at the last legislative session.

MOTION: A motion was made by Council Member Orton to approve the ordinance.

SECOND: The motion was seconded by Council Member Allen.

VOTE: Mayor McArthur called for a roll call vote, as follows:

Council Member Orton -aye
Council Member Allen - aye
Council Member Bunker -aye
Council Member Whatcott - aye
Council Member Gardner - aye

The vote was unanimous and the motion carried.

TABLE ITEM:
City Manager Gary Esplin advised that Item 3D, a public hearing to consider a zone change from R-1-10 to R-3 on .34 acre located at the southeast corner of the intersection of 250 West and 950 South, was tabled from the agenda because of a problem with the legal description.

SET PUBLIC HEARING:
Associate Planner Mark Bradley explained that the Planning Commission, at its meeting held May 10, 2005, recommended that a public hearing to consider amendment of Title 11, Chapter 5, Section 4, St. George City Code, having to do with subdivision regulations, and Title 10, Chapter 18, Section 4 having to do with setback locations, be scheduled for June 16, 2005 at 5:00 p.m.

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 Whatcott.

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

PRELIMINARY PLAT:
Associate Planner Mark Bradley explained that the Planning Commission recommended approval of the preliminary plat for The Views at Stone Mountain subject to the following:

A. A clear access easement is to be established between Lots 3 and 4 based on the shared driveway access.
B. The driveway for Lot 1 is to be established at the south end.
C. A homeowners association is to be established for stewardship and maintenance of the common area/no disturb area.
D. Sandblast treatment of the hillside/rock cut off 1450 South.



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May 19, 2005
Page Five

E. The location of the hillside/rock cut off 1450 South be established and approved by city staff. Where easements are necessary along that side of a road, a 10' setback from the back of the sidewalk is required. If no easements are required, a lesser setback from the back of the sidewalk may be allowed with an adequate offset for rock or soil catch basin to prevent loose debris on the public sidewalk.

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 Bunker.

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

PRELIMINARY PLAT:
Associate Planner Mark Bradley explained that the Planning Commission recommended approval of the preliminary plat for Harvest Hills (formerly Ivie Place) subject to legal staff review and approval of the language for the temporary turnaround.

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 Whatcott.

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

PRELIMINARY PLATS:
Associate Planner Mark Bradley explained that the Planning Commission recommended approval of the preliminary plats for The Ledges Phase 1, 2, 3 and 4, subject to certain conditions.

Council Member Gardner commented that he was not involved in the project, but would not vote.

Mr. Bradley explained that Phases 1 and 3 are on the east side of Highway 18, and Phases 2 and 4 are on the west side of Highway 18. The Planning Commission expressed concern that the roundabout and access roads to each phase be developed and dedicated prior to, and that the plans approved be subject to and built with construction of Phase 1. The road plats should be approved first. They recommended that Phase 1 on the east side of the highway contain all public streets and that they be subject to dedication, etc. Staff is concerned about having a sidewalk on only one side of the public streets. The applicant will landscape and maintain the medians in the public rights-of-way.

Council Member Allen inquired if a trail was discussed for one side of the public streets.

Mr. Deschamps agreed to provide a trail on one side of the public streets.

Mr. Bradley explained that in Phase 3 on the west side of the highway, the applicant would like to gate some of the residential areas, with one public street. The Road Master Plan would have to be amended, or a ruling made that there was not a significant change to it. The applicant committed to the Planning Commission that roads on the east would be public if he could have private roads on the west.

Randy Deschamps, applicant, advised that he agreed with UDOT to eliminate an intersection at his south property line, and he will build the roundabouts in the first phase of the project. The connection on the left side of Highway 18 was retained by Trust Lands and State Parks and will be brought to the rounadbout. There will be a 80-90' collector road with no housing on the north portion of the property, and he will provide an access to mile marker 3.

Mayor McArthur commented that the proposed loop needed to be shown on the plan, and accommodations need to be made for the northern corridor. There should not be a 90 degree intersection.

Mr. Deschamps agreed to put in the intersection wherever needed.

Council Member Bunker inquired why gated, private streets were needed on the west side of the highway.

Mr. Deschamps replied that gated communities provide locations for expensive homes and should be accommodated. There are no adjacent property owners, the area is totally isolated and the expensive lots provide additional revenue to pay for off-site improvements. He stated that the gates would be open all day and closed at night.

Public Works Director Larry Bulloch advised that the developer has agreed that accommodations for the northern corridor will be added to the Road Master Plan.

Mr. Deschamps explained that the proposed phases consist of 40-50 acres, with 160 units, for a density of less than three units per acre. The golf course will be completed in July and open in October. All roads in Phase 1 will be completed for the golf course opening.

City Attorney Shawn Guzman advised that the Road Master Plan can be changed at any time.

Associate Planner Mark Bradley explained that the main public road on the west side is the most critical to providing access to the south. Staff believes all the streets within the project should be public.

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Page Six

Council Member Orton commented that when the concept for this project was approved, he did not think all the streets would be public. However, he hoped staff would make sure that the neighborhoods were connected and there were no isolated little areas.

MOTION: A motion was made by Council Member Orton to approve all four preliminary plats.

SECOND: The motion was seconded by Council Member Whatcott, with the condition that accommodations for the northern corridor be shown on the plans.

Council Member Allen inquired about connectivity with the Winchester Hills Subdivision.

Mr. Deschamps replied that there are four accesses into Winchester Hills.

VOTE: Mayor McArthur called for a vote, and all voted aye except Council Member Gardner, who abstained. The motion carried.

PUBLIC HEARING/ZONE CHANGE/ORDINANCE:
Public hearing to consider a zone change from RE-37.5 to R-1-10 on 3.3 acres located north of the intersection of 750 North and Picturesque Drive. Steve Holt, applicant.

Community Development Director Bob Nicholson explained that the property is located between the City Creek Wash and 750 North. Graham Subdivision is to the south, and adjacent property is zoned R-1-10. The General Plan shows low density residential for the area. The request is consistent with zoning in the area.

Council Member Whatcott inquired if there was a potential for water problems in the area due to the wash.

Community Development Director Bob Nicholson explained that he believed the City Creek Wash in this area is lined with concrete.

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 ordinance.

SECOND: The motion was seconded by Council Member Allen.

VOTE: Mayor McArthur called for a roll call vote as follows:

Council Member Gardner - aye
Council Member Allen - aye
Council Member Whatcott - aye
Council Member Bunker - aye
Council Member Orton - aye

The vote was unanimous and the motion carried.

PUBLIC HEARING/ZONE CHANGE/ORDINANCE:
Public hearing to consider a zone change from A-20 to RE-12.5 on 14.55 acres located on the southwest corner of the intersection of 2450 South and Little Valley
Road. Frank Seegmiller family, applicant.

Community Development Director Bob Nicholson explained that the general plan indicates low density residential for the area, up to four units per acre. Residential Estates zoning allows one large animal per lot, but they generally are not kept on such small lots.

Jim Raines, Bush and Gudgell Engineers, representing the Seegmiller family, explained that a road would be shared with Red Butte Estates, and the request is in harmony with the General Plan and development next to the site and to the south.

Mayor McArthur opened the public hearing.

Larry Blake commented that he owns a feed lot kitty-corner from the proposed project and does not want to have to move it due to neighbor complaints because there is no place else to go. He stated he was not present to protest the zone change but to ask for support for those still in agriculture in the area. He asked the City Council to respond for the record how they would vote if a petition was received for removal of his feed lot.

Council Member Allen replied that she has made it clear in past meetings that when people move into a rural area where there are animals and accompanying smells and flies, they should be made aware that the animal owners have a right to be there. She stated she would not cave to a petition to move the feed lot.

Mayor McArthur suggested that notes should be placed on plats giving notice that people are moving to a rural area and will be subjected to all rural uses.

Larry Blake commented it came down to what the posture of the present and future City Councils would be on any agriculture left within the City limits. He stated he was concerned about rural uses being forced to move due to majority rule, as there are only a few left who want to have agriculture in their lives.



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Council Member Gardner replied that the City Council has previously indicated its desire to keep agricultural areas in the City. He stated the public should be made to realize that this is an agricultural area and there is some grandfathering of uses. As a result, there will continue to be problems and complaints filed with the City. He stated from his perspective he would never force anyone out of agriculture.

City Manager Gary Esplin assured Mr. Blake that grandfathering allows the same use as currently exists on the property to continue in perpetuity.

Council Member Whatcott commented the current City Council could not dictate what future city councils would do, but this City Council is of the opinion that Little Valley is an agricultural area and can continue to be so until property owners decide they want to sell.

Mike McGregor commented that city councils change, and he inquired if there was any provision allowed by law to protect the interests of those such as Larry Blake from action of future councils.

City Attorney Shawn Guzman replied that Mr. Blake is currently grandfathered with regard to zoning, and anything that was legal as far as the number of animals at the time the property was annexed is now legal and grandfathered in. There is no guarantee what future city councils may do.

Council Member Bunker inquired about enforcement.

Mr. Guzman replied that as far as flies and odors, Mr. Blake is still subject to the Nuisance Ordinance. The City must respond to complaints about flies due to the property not being kept as clean as it could be, and property owners have a responsibility to keep their property clean.

City Manager Gary Esplin commented the City has a reasonable standard which it must uphold.

Jim Raines commented that the applicant has volunteered to put a note on the plat putting any purchasers of property on notice that they are moving into a rural, agricultural area with associated noises, smells, and insects.

Larry Blake explained that he cleans his corrals once a year and then spreads 1000 yards of manure on his 16 acres, and as long as he uses his property as a feed lot, it will never be in compliance with the Nuisance Ordinance. He stated that there is a huge abundance of flies and he has a very noisy farm operation. The people who will move in across the street are not going to be happy, and he is being put in a situation where the neighbors will not like what he is doing.

City Manager Gary Esplin commented the City must respond to health and safety issues.

Paul Iverson, a resident of Little Valley Ranchos, commented he lives next to the Gentry feed lot and there are a ton of flies. He stated he did not open his doors unless going in or out. He moved to the area because the master plan indicated low density, and there will be a problem if dense housing is allowed. He stated he moved to the area to raise his children in agriculture, and if dense housing is allowed, that will come to a stop. He inquired if the City Council wanted agriculture or not. He stated that weeds did not offend him, and in general the people who live in this area do not find weeds offensive, and they moved to this area for the large lot lifestyle. He stated that a buffer was needed between large lots and more dense housing.

City Manager Gary Esplin commented that a transition area is clarified on the master plan. It may be too dense, but the master plan was adopted four years ago.

Council Member Whatcott commented that RE-12.5 zoning allows one large animals, but there has not been an RE-12.5 development yet which has provided trails or access to get in and out of the subdivision. In reality, the City is eliminating animals in the RE-12.5 zone because there is no access or trails.

Sydney Davies explained that she lives on an acre lot which is landlocked on both sides by low density housing, and there are no trails in the area. She stated the City Council should maintain the agricultural integrity of the area and there has to be some kind of buffer zone between low density housing and agricultural land.

Council Member Allen commented that the subdivision in which Ms. Davies lives did not provide trails. The City was informed it could not force the developers to put in trails because it was private property.

Ms. Davies commented that the process should require developers to give rights for trail access as part of the zone change.

Community Development Director Bob Nicholson explained that the Red Butte Subdivision has provided a proposed trail easement, Chuck Spilker agreed to provide a trail into the old Seegmiller Park, and the Bridle Gate Subdivision will also have trails.

Brett Burgess, applicant, commented that a trail could be considered along the south portion of the wash, as there could be an easement already in place.

Reid Noble commented that he was told to remove an equestrian trail from the Red Butte Phase 4 plat because of concerns by City staff.

Council Member Whatcott commented that the City Council would be looking more closely at plats for trails when they come to the City Council for approval.


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

Council Member Whatcott commented that if the zoning is allowed to go to RE-12.5, the City is essentially eliminating animals in this area. It is good to see a trail system, but the hard part is getting the animal to the trail system. Property north of 2450 South is one acre property and the property owners signed an agreement to tie into the sewer when it was installed in this area, yet provided no access to trails. He stated he would like to see developers create access to trails. Staff should be directed to look deeper at these issues, instead of just talking about them, and master planning should be done. He stated that the subject zone change request fits the master plan.

MOTION: Council Member Whatcott made a motion to approve the zone change request, encouraging the developer to provide trails and access to the trails.

SECOND The motion was seconded by Council Member Orton

Jim Raines commented that the developers will accommodate an equestrian trail along the canal on the south side of the property.

Mike McGregor suggested that one side of the roads not be paved and be left open for horses.

City Manager Gary Esplin advised that the ability to do this is provided for in the ordinance.

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 Allen - aye
Council Member Gardner - aye

The vote was unanimous and the motion carried.

PUBLIC HEARING/ZONE CHANGE/ORDINANCE:
Public hearing to consider a zone change from A-20 to RE-20 on 118.87 acres located east of Little Valley Road at approximately 3400 South. Quality Development, applicant.

Community Development Director Bob Nicholson explained that the General Plan calls for up to two lots per acre. Surrounding zoning is A-1 and RE-12.5. The RE-20 zone allows two large animals per half acre. The applicant would like half acre lots. The Planning Commission recommended approval similar to Crimson Cliffs zoning. Crimson Cliffs has a density of 1.46 units per acre.

Council Member Whatcott inquired if RE-20 zoning gave the City Council the ability to require animal access to trails from each lot, as there is an opportunity to do this on the east side of Little Valley Road.

Mr. Nicholson replied that the City Council did not have to approve the zone change, or the developers could voluntarily to commit to providing such access.

Council Member Whatcott inquired if the City Council wanted to place a moratorium on any zone changes east of Little Valley Road and do some hard planning and make a determination as to what it wants to see in this area.

Community Development Director Bob Nicholson explained that there could be a base density of one home per acre and through some density bonus incentives, this could be increased for certain provision of amenities, such as trails.

Council Member Orton inquired how many in the area actually had horses. He was advised that 30-40% have horses on a one acre lot, and that there are no horses on half-acre lots.

Sydney Davies commented that 75% of the residents in her subdivision have horses.

Council Member Orton commented it would be ridiculous to force trails on a half-acre subdivision if no one had horses, and he did not want to burden those people to satisfy everyone in the neighborhood.

Council Member Allen commented that clustering made sense, such as in Bridal Gate.

Jim Raines, Bush and Gudgell Engineering, representing Quality Development, explained that one of the challenges is to preserve the lifestyle there as much as possible. There is a business park within a tee shot of the property in question. Zoning of up to two units per acre will provide flexibility in lot sizes. The property in question feels and seems like it is on the edge of the community, and the airport is between it and open ground. The zone change request is consistent with the general plan and provides a good transition area. The property is surrounded by major collector roads, and as development occurs in the area, horse owners will lose their ability to trespass on vacant property. Lot size does not guarantee agricultural uses or lifestyle. Notes will be put on the plat to provide notice to buyers to expect smells and noises, and while he was not sure anyone would want a horse, the zone would accommodate them.

Mayor McArthur opened the public hearing.



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Kristianne Jones commented that her father owned horse property at the posse grounds, but was eventually squeezed out by development. She stated there was a demand for one acre lots, and suggested that all property to the south of the Blakes be kept at A-1 zoning at a minimum as a buffer zone. She stated she moved to the area to have a horse and so her children could raise livestock.

John Jones commented that there is a circle of A-1 zoning around the 118 acres in question, and the airport plateau is straight up for 100 feet and the airport is not going to be next to them.

David Harris, a resident of Little Valley Ranches, commented that this was a perfect opportunity and the last in St. George to offer A-1 zoning so that people can realistically have a horse or cow or pigs and maintain the lifestyle they are currently enjoying. He commented that the 100 foot cliff was a natural line to divide lifestyles. He urged the City Council to deny the request to preserve the way of life in the area.

An unidentified woman commented that she owns four acres in the area and does not want to be encapsulated. The purpose of zoning is to protect rights and current property values, and she assumed that when she purchased her property that the large lots around her would remain. She urged the City Council to deny the request to preserve the current lifestyle and allow animals.

April Cox advised that she is purchasing a lot in Little Valley Ranches in order to raise her
children with animals in 4H and FFA.

Jenny Johnson, a resident of Little Valley Ranchos, explained that she has four horses and has been priced out of using the county equestrian facility. She urged the City Council to consider a moratorium in the area in order to re-evaluate the needs of the Little Valley community.

Gary Kuhlmann, representing the developer, stated that an A-1 zone does not preserve agricultural use or the ability to ride horses, as there is no place to ride anyway. There are proposed trails in the area, but this is not a zoning question, and this is a zoning hearing. The other issue is lifestyle. A-1 zoning will have flies and smells and nuisances. Regardless, the General Plan designates that the proposed zoning is an appropriate use of the property.

Troy Atkin, a resident of Little Valley, explained that a buffer needed to be addressed. He stated that his roots in the area were deep and he did not want to have to move like his neighbors have had to do.

Joseph Alonski commented that change is inevitable and the City had an excellent master plan in place, and as long as the developers develop within the guidelines of the master plan, they have a right to do so.

Mike McGregor presented a petition in opposition of the zone change request. He then read a statement.

Glen Bundy urged the use of buffer zones and urged the City Council to look closely at the area to make sure it is being developed in a manner they would like to see.

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

Council Member Bunker stated she felt more study was needed.

Council Member Whatcott commented that St. George must decide if it wants a rural/agricultural area, and if not, move on. If it does want a rural area, there must be planning. He stated he felt agricultural use was one of the best buffers for the airport, and residential use next to an airport was less desirable than cattle grazing in an open field. The cost of raw land does not carry weight in making a decision on what to zone property. There are also issues of what comes with development, such as water, power, fire, transportation, and at the present time all residents will now be dumped on to River Road which will eventually become like Bluff Street. The City needs to be look hard at 3000 East and getting across the river, and planning is needed. He suggested the matter be tabled, with staff and the City Council moving forward quickly to look at the issues. RE-20 zoning does not provide an agricultural or horse area, and the City is not creating the perception of an animal area by allowing half acre lots. Something needs to be done now rather than wait for the next zone change.

MOTION: A motion was made by Council Member Whatcott to table the matter until the next work meeting.

SECOND The motion was seconded by Council Member Allen.

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

SITE PLAN AND BUILDING ELEVATION:
Assistant Planner Ray Snyder explained that the Planning Commission recommended approval of a site plan and building elevation for a proposed automotive center and a request for an adjustment in the landscape setback area for property located at the corner of Black Ridge Drive, 1700 South, and Hilton Drive, subject to the following conditions:

A. An adjustment in the landscape setback area from 25' to 20' be approved based on the hardship created by the reduced setback of 20' or less that neighboring dealerships have been allowed to enjoy.
B. Vehicle display shall be allowed in the required landscape area.


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May 19, 2005
Page Ten

C. The applicant shall return to the Planning Commission with a more detailed landscape section.
D. The photometric plan shall be revised to meet the following:
Luminance Values (FC)
Maximum = 53
Average = 31
Minimum = 8
E. Pole lighting shall be of a ?dark sky? style with no lens protruding below the side perimeter of the fixture.
F. The light levels are to be verified by a light meter prior to occupancy.
G. The approved building materials are as shown to the Planning Commission on April 26, 2005.

Stephen Wade is the applicant. Mr. Snyder stated that staff recommended approval of a more reasonable number of display areas, such as 25, and not 52 as currently proposed.

Rob Reid, representing the applicant, commented that the project was forced to line up with St. George Ford and a deceleration lane created which cut out 12' of property. Property which started out at 14 acres is now down to 12 acres.

Council Member Whatcott commented that the PD zone requires a 25' landscaped setback without display.

Community Development Director Bob Nicholson commented that the new Mitsubishi dealership has a 25' setback.

Stephen Wade, applicant, commented that no other dealer has 25' of landscaped setback area, and he should be treated like everyone else. The Planning Commission agreed that he could have 20' of landscaped area in front if he had 30' in the back, with an average of 25' all the way around. He requested 38 display areas.

Council Member Whatcott commented he felt 52 display areas was too many, but had no problem with a 20' landscaped setback and 26 display areas.

Mr. Wade commented there would be an aggregate of 20' landscaped area, not a rim of 20' all the way around.

Public Works Director Larry Bulloch explained that the City?s traffic engineer is concerned about the site distance being hampered by the displays on the corner. The applicant may lose half a dozen stalls trying to meet site distances. The traffic engineer also recommends the applicant participate in the cost of a traffic signal because the project brings the turning movement to a failure condition at the intersection. The amount of participation is negotiable.

MOTION: A motion was made by Council Member Whatcott to approve the request with an average of 20' landscaped setback all around the project and 26 display areas. Council Member Whatcott clarified that the landscaped setback area would average 20' around the project. The motion also includes the lighting as recommended by the Planning Commission and the deceleration lanes as recommended by the traffic engineer.

SECOND: The motion was seconded by Council Member Orton.

City Attorney Shawn Guzman recommended that the motion include a stipulation that approval be subject to approval by the traffic engineer.

Mr. Wade commented that the Planning Commission approved the request the way it now stands, but if City staff would like to have a wider driveway in and out, and if it can be made to work, he will bring it back for approval.

Council Member Whatcott commented there was no deceleration lane in the main entrance as shown, and there is supposed to be a deceleration lane on all corners.

Assistant Planner Ray Snyder commented that the Planning Commission also recommended approval subject to recommendations of the traffic engineer as stated in the traffic report which included four deceleration lanes, contribution to the cost of a traffic signal, and other requirements.

RESTATE MOTION Council Member Whatcott restated his motion to approve the request with an average of 20' landscaped setback area around the property, 26 display stalls, and deceleration lanes in the four locations as stated by engineering staff, lighting as recommended by the Planning Commission, but not participation in the cost of a traffic light.

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 AND BUILDING ELEVATION:
Assistant Planner Ray Snyder explained that the Planning Commission recommended approval of the site plan and building elevations for a proposed office building at 1600 South and Dixie Drive subject to an amended plat because the building is not consistent with the original recorded plat. Kay Traveller is the applicant.


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May 19, 2005
Page Eleven

MOTION: A motion was made by Council Member Gardner to approve the site plan and building elevation subject to the recommendation 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.

CONDITIONAL USE PERMIT:
Consider renewal of a conditional use permit for a sand and gravel pit within the Ft. Pierce Wash area located at 1834 East 4150 South in an M-1 zone. Western Rock Products, applicant.

Assistant Planner Ray Snyder explained that the previous conditional use permit was for three years, but four years have passed. The applicant says that in 2001 it paved the road in front of its business, but it was torn up during a City water project, and is now a dirt road. He explained that a new state law affected conditional use permits, and suggested that temporary approval be given in order to give legal counsel time to review the new laws.

City Attorney Shawn Guzman explained that the legislature made a lot of changes to land use regulations, and the Deputy City Attorney is now reviewing them.

Bob Roth, representing Western Rock, explained that the road is in bad shape but he presented core samples of the road to prove that it had been paved at one time. He stated that they would cooperate and pave their section of road again and put in curb and gutter, but did not want to pave the road to the armory for free.

City Manager Gary Esplin explained that the applicant is required to pave to the nearest improved street in order to have legal, approved access. He advised that the applicant does not have just a gravel operation at the subject location as the applicant?s entire operation has moved there and improved access is required. However, if the City tore up the street, then it is the City?s responsibility to repair it. He stated he did not know if the City tore up the street though, as a drainage line was required for Blue Bunny, and he did not know of any water lines in the area.

Council Member Whatcott commented that another concern is the continual haze in the area, and while Western Rock alone is not creating the pollution, they are contributing to it.

Mr. Roth replied that a compound used on roads in northern Utah which forms a tight base several inches deep could possibly be used to minimize dust.

MOTION: A motion was made by Council Member Gardner to approve the request, giving the City Attorney time to review the conditional use permit legislation and the applicant time to solicit help from his neighbors to address the haze and dust issue.

Mr. Roth stated that if he was going to be required to pave the road again, that he be required to pave just their half of the road, and not the entire road.

City Manager Gary Esplin replied that curb and gutter would be required, as well as asphalt.

CLARIFY MOTION: Council Member Gardner clarified that his motion for approval was to extend the conditional use permit for 90 days.

City Manager Gary Esplin clarified that Western Rock would have to install road improvements to the nearest improved City street.

Mr. Roth replied that when Western Rock moved there, there was no improved City street nearby.

Mr. Esplin stated that answers to these questions would be addressed within the 90 day time period.

Mr. Roth commented that it was not Western Rock?s responsibility to pave in front of the armory.

SECOND: The motion was seconded by Council Member Bunker.

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

CONDITIONAL USE PERMIT:
Consider approval of a conditional use permit to construct a three story office building to a maximum height of 53 feet in the Rim Rock Commercial Center near the intersection of 100 South and 1470 East Street. Quality Development, applicant.

Assistant Planner Ray Snyder explained that the office building will be located by the new Marriott hotel. The Planning Commission recommended approval subject to the following conditions:

A. The maximum building height to the roof peak shall not exceed 52'10".
B. A zone change shall be processed to resolve zoning issues as portions of the property are within R-1-10 and PD Commercial zones.
C. Final building occupancy shall not occur until a commercial subdivision has been processed with the City.

MOTION: A motion was made by Council Member Gardner to approve the request.

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SECOND: The motion was seconded by Council Member Whatcott.

Council Member Allen inquired about the color of the building.

Mr. Snyder displayed a rendering of the building.

Mr. Burgess, applicant, replied that the color of the building would be consistent with what presently exists in the area.

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

AMENDED GROUND LEASE:
Consider approval of an amended aviation ground lease with Direct Aviation.

MOTION: A motion was made by Council Member Orton to approve the ground lease.

SECOND: The motion was seconded by Council Member Bunker.

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

OPERATING AGREEMENT:
Consider approval of an operating agreement with Northbridge Aviation to sell sail planes from the Direct Aviation hangar.

MOTION: A motion was made by Council Member Allen to approve the agreement.

SECOND: The motion was seconded by Council Member Whatcott.

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

CONTRACT MODIFICATIONS:
Consider approval of contract modifications to the Carter and Burgess River Road Phase II contract.

Public Works Director Larry Bulloch explained that this item was a follow-up to approval given at the last meeting to Interstate Rock to extend their contract. Initially the contractor indicated it would cost $90,000 to cover the additional time, but through negotiations he agreed to a reduced fee of $32,000 to cover the extra time and all issues on the project.

MOTION: A motion was made by Council Member Orton to approve the contract modifications.

SECOND: The motion was seconded by Council Member Gardner.

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

APPOINTMENTS:
Appointments to boards and commissions of the City.

MOTION: A motion was made by Council Member Whatcott to appoint Rod Orton as a alternate member of the 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.

APPROVAL OF MINUTES:
Consider approval of the minutes of the City Council work meeting held April 28, 2005.

MOTION: A motion was made by Council Member Allen to approve the minutes as presented.

SECOND: The motion was seconded by Council Member Bunker.

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

ADJOURN TO EXECUTIVE SESSION:
MOTION: A motion to adjourn to an executive session to discuss possible litigation was made by Council Member Whatcott.

SECOND: The motion was seconded by Council Member Allen.

VOTE: Mayor McArthur called for a roll call vote, as follows:

Council Member Whatcott - aye
Council Member Allen - aye
Council Member Bunker - aye
Council Member Gardner - aye
Council Member Orton - aye

The vote was unanimous and the motion carried.

The meeting then adjourned.

_____________________________________
Gay Cragun, City Recorder