City Council Minutes

Thursday, November 2,2006



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
NOVEMBER 2, 2006, 4:00 P.M.
CITY COUNCIL CHAMBERS

PRESENT:
Mayor Daniel McArthur
Council Member Rod Orton
Council Member Larry Gardner
Council Member Bob Whatcott
Council Member Gail Bunker
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 Council Member Gail Bunker and the invocation was offered by Council Member Larry Gardner. Mayor McArthur encouraged everyone to vote in the upcoming general election. City Attorney Shawn Guzman advised that tomorrow was the last day for early voting.

Support Services Manager Marc Mortensen advised that this Saturday is Debris-Free Dixie Day in the City, and 14 dumpsters will be placed in various locations throughout the City. City crews will be on site to help with large items from 7:00 a.m. to noon. If additional assistance is needed, citizens may call 674-4287 to schedule that assistance. The City?s reuse facility on Brigham Road can be used for green waste.

Mayor McArthur thanked City staff for the good job they did painting the streets.

Mayor McArthur recognized one of the City?s former mayors, Grey Larkin, who was in the audience.

TABLE ITEMS:
City Manager Gary Esplin advised that Item 6G to consider approval of the IPP3 Participation Reqeust Agreement between the City and UAMPS, and Item 6K to consider approval of an amendment to the Direct Aviation airport lease agreement to extend the lease to 2011 were tabled from the agenda. Further, Items 6I and 6J can be combined into one item.

AWARD OF BID:
Consider award of bid to JP Excavating for installation of a groundwater drain in the Sunset Village area.

City Manager Gary Esplin explained that this is the area having significant groundwater problems. This was discussed with the City Council a year ago and as a result of that meeting a storm drain system has been designed which will allow residents in the area to hook to it to take care of the groundwater. It was bid once before, but no bids were received. It was recently rebid and three bids were received. Funds for the project were included in last year?s budget, but this year?s funds will need to be used. The low bid is higher than the engineer?s estimate, but staff is working with the contractor to change that.

Purchasing Manager Connie Hood explained that the engineer?s estimate was $398,270. JP Excavating submitted the lowest bid.

City Manager Gary Esplin recommended that approval of the bid be made subject to negotiating the price.

Mayor McArthur advised that the low bid was $614,000.

MOTION: A motion was made by Council Member Gardner to award the bid to the low bidder, JP Excavating, subject to negotiating the price.

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SECOND: The motion was seconded by Council Member Bunker.

Council Member Bunker inquired how many streets were involved and how the residents would be notified.

Public Works Director Larry Bulloch replied that all the major streets in the subdivision as well as Picturesque Drive will be done. Rosenberg has identified all the homes with trouble and the system is designed to collect those areas. Meetings have been held with the residents, and a neighborhood representative is advising them of the status of the project.

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

AWARD OF BID:
Consider award of bid for solar panels for the new Water and Energy Services building.

Purchasing Manager Connie Hood explained that the cost estimate is $23,500 based on 30 units.

City Manager Gary Esplin explained that the City is getting a state grant for a portion of the cost as this is a model project.

Conservation Coordinator Ren? Fleming advised that the units will be visible on the building. There will be a kiosk in the lobby advising how much energy is being generated by the panels. This bid includes just the panels. There will be additional costs for installation, etc., but those costs will come before the Council later in a formal bid award. Installation of the panels will help alleviate some peak demand issues and help put more green in the City?s portfolio. It is hoped it can be tied to the City?s website so citizens can see what has been generated in real time since the date of installation. She explained that two options for placement are being considered - on top of the covered parking structure, or on part of a slanted wall of the building itself. The panels can be angled to be unobtrusive from the street.

Council Member Bunker inquired if there was the possibility of more funding for installation of the panels.

Ms. Fleming replied that federal funding will cover all but $5,000 of the project up to a maximum of $50,000. Pacificorp also has a Blue Skies program and the City has applied for some of these funds.

MOTION: A motion was made by Council Member Whatcott to award the bid in the amount of $23,500.
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 City-wide electrical work/repairs.

Purchasing Manager Connie Hood recommended that the bid be split between both responsive bidders - D. Blake Electric and Filice Electric, in the amount of $75,000 each for the year.

City Manager Gary Esplin clarified that this would be a not-to-exceed amount.

Ms. Hood explained that both vendors will be used and the lowest bidder will be retained first.

Council Member Orton requested a report on how splitting the bid between two vendors has worked in the past.
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MOTION: A motion was made by Council Member Orton to award the bid to D. Blake Electric and Filice Electric in the amount of $75,000 each for the year.
SECOND: The motion was seconded by Council Member Bunker.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

INTRODUCTION OF SCOUTS:
Mayor McArthur invited several Scouts in the audience to introduce themselves.

RESOLUTION:
Consider approval of a resolution abandoning an easement in the Millcreek Industrial Park.

City Manager Gary Esplin explained that a truss company is moving out of the Millcreek Industrial Park to the Ft. Pierce Industrial Park, and as the property in Millcreek is developed, the owners want to change the easements. The JUC has reviewed the request and new easements will be dedicated. Staff recommends approval subject to securing new easements.

MOTION: A motion was made by Council Member Orton to approve a resolution abandoning the easements subject to securing new easements.
SECOND: The motion was seconded by Council Member Whatcott.
VOTE: Mayor McArthur called for a roll call vote, as follows:

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

The vote was unanimous and the motion carried.

STREET CLOSURE:
Consider approval of a street closure for the annual temple lighting ceremony. Church of Jesus Christ of Latter-Day Saints, applicant.

City Manager Gary Esplin explained that the LDS Church would like to close 300 East between 400 and 500 South for its annual temple lighting ceremony. Staff has reviewed the plan and recommends approval.

MOTION: A motion was made by Council Member Bunker to approve the request.
SECOND: The motion was seconded by Council Member Gardner.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

SPECIAL EVENT PERMIT:
Consider approval of a special event permit for a tent sale. Furniture Row, applicant.

City Manager Gary Esplin suggested the item be tabled as the Business License Officer has already approved the event.

AIR QUALITY COMMITTEE REPORT:
Report from the Air Quality Committee.

City Manager Gary Esplin explained that a committee was formed of representatives from the City, community and contractors to deal with air quality issues.

Mayor McArthur explained that the Committee made a presentation to the City Council several months ago in a work meeting.


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Bill Swensen introduced Committee members.

Bob Roth, representing Western Rock, and Air Quality Committee Chair, explained that the Committee has done well coming up with ideas and suggestions. It recommends a permit system be implemented. It has also put together an information pamphlet.

Bill Swensen presented a power point presentation on the Committee?s mission statement, objectives of the program, concerns, strategies, option, education objectives, and recommendations.

City Manager Gary Esplin advised that City staff would follow through with amendment of the Sign Ordinance.

Mr. Roth explained that the Committee would like the industry to be self-policing, but if a renegade is not complying, it will blow the whistle.

Bill Swensen advised that he is prepared to cite violators if necessary and will forward the citations to the Utah State Division of Air Quality for corrective action.

FINAL PLATS:
Community Development Director Bob Nicholson explained that the Planning Commission, at its meeting held October 24, 2006, recommended approval of the following final plats: Pelican Hills Phase I, Palomar Phase I, Ledges Phase 8, Crimson Valley Estates, and Tuscan Hills Phase I.

MOTION: A motion was made by Council Member Orton to approve the final plats and authorize the Mayor to sign them.

Council Member Gardner declared a conflict of interest with regard to the Ledges Phase 8 plat.

SECOND: The motion was seconded by Council Member Whatcott.
VOTE: Mayor McArthur called for a vote as follows:

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

The motion carried.

CONDITIONAL USE PERMIT:
Consider approval of a conditional use permit for conversion of the convenience store and gas pumps to a car sales lot at the corner of Convention Center Drive and Riverside Drive. Craig Newby, applicant.

City Planner Ray Snyder explained that a conditional use permit is required if a building in a commercial zone is converted to a new or used car facility. Newby Buick proposes to expand into the Texaco site next door. The applicant proposes to remove the canopy, gas pumps and gas tanks beneath the ground to create display area for auto sales. The applicant would also like to remove a large Raywood Ash located on the site, and the Planning Commission conceded that this was a reasonable request. The Planning Commission does recommend that two large palm trees remain on the site. The building will remain in place, although there are no plans to use it for office space. The pond will be removed and driveway widened to align with the one across the street. A driveway onto Riverside Drive will be pushed as far to the right as possible and used for right-out turns only. The Planning Commission recommends approval subject to nine conditions:


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1. No vehicles are to be displayed in the landscaping area.
2. Right turn out only on Riverside Drive.
3. Right turn only signage shall be installed.
4. Existing driveway on Convention Center Drive may be widened to 37.5 feet (shared driveway).
5. All signing and striping shall conform to the City of St. George and MUTCD standards.
6. Landscaping shall conform to the plan as submitted to the Planning Commission on October 24, 2006. A minimum of 5% on site shall be provided. The two mature palm trees on Convention Center Drive shall remain. The large mature Raywood Ash on site may be removed. A formal landscape plan shall be included in the SPR (plan check).
7. Street trees shall be planted to meet the City?s tree ordinance.
8. A photometric (lighting) plan shall be included in the SPR (plan check).
9. Remediation of the existing gasoline tanks on the site shall meet State standards as required.

Council Member Allen arrived at 4:55 p.m.

MOTION: A motion was made by Council Member Orton to approve the conditional use permit.
SECOND: The motion was seconded by Council Member Bunker.
VOTE: Mayor McArthur called for a vote and all voted aye. The motion carried.

SITE PLAN/BUILDING ELEVATION:
Planner John Willis explained that approval is needed for a site plan and building elevation for The Flats at South Pointe, a proposed town home development located at 2750 East 450 North. The zoning is R-3. The reason Council approval is needed is that the ordinance states that a multi-family development with a density of 12 dwelling units per acre having more than 24 units shall be subject to design review by the City Council. 94 units are proposed by the applicant with a density of 13.3 dwelling units per acre on 7.06 acres. Materials comprise stone, stucco, tile and brick. There will be a clubhouse on site as well as a playground. The Planning Commission recommends approval subject to:

1. Approve color palette as presented.
2. All rear elevations (not only 450 North) shall have the applicant?s revised elevations as presented at the meeting.
3. Privacy wall shall include varying decorative color features, subject to staff?s approval during plan check.
4. Color and design for clubhouse approved as presented.

Linda Kirkpatrick, applicant, explained that the project will meet the needs for workforce housing. The floor plans are 1,450 sq. ft. in size with three bedrooms and two and one-half baths. There will be double car attached garages. All units are two stories, and the design is the same throughout the project. Block for the privacy walls will be imported from California. She requested permission to continue with the flash block as it will stand out more if it is required to be changed, as it is currently on both sides of the street.

Council Member Orton inquired of the applicant if she had considered changing the design of the units.

Ms. Kirkpatrick commented that she has only seven acres for the project and the site does not allow too much creativity. The units will be rent restricted, with the goal to provide affordable housing. Deed restrictions are placed in the contracts requiring the units to be owner-occupied for one year. She stated that she would like to keep the same type of block wall and that it will be offset with a lot of trees and shrubbery. She stated that she was reluctant to use wrought iron on 450 North Street because of


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privacy issues, and the best solution is to continue the block wall which has been exclusively used.

Council Member Whatcott commented that the plan did not look like it had much landscaping. The Planning Commission recommendation is to create a distinction with the block wall, rather than just a barrier. He expressed concern with continuing a long barrier wall.

Ms. Kirkpatrick replied that there will be landscaping on both sides of the wall. The landscaping strip on 450 North is 10' in width and will contain trees. There will also be landscaping on the other side of the wall for residents.

John Willis commented that the Planning Commission recommendation was also to include staff?s comments which were to change the wall by varying the height and/or alignment, use multiple textures, colors and materials, or create visibility to the street by changing materials such as incorporating wrought iron per the City?s Community Design Guidelines. Staff will review the wall throughout the process and make a determination as to whether it meets the intent of the Planning Commission.

Community Development Director Bob Nicholson commented that staff did not have the plan that the Planning Commission asked for, but is hearing that a plain brown wall does not work.

City Manager Gary Esplin commented that the wall will work if there is landscaping sufficient to break up the wall. Staff hears that the City Council does not want to see a plain brown wall. If landscaping does not change the look, then a different type of wall will be needed. Mr. Esplin commented that he assumed the continuation of 450 North Street would be handled with the project as this is a development standard issue.

Community Development Director Bob Nicholson replied that this issue will be required to be resolved before preliminary and final plat approval, and if an agreement cannot be reached between the parties, it will come back to the City Council for a fair share allocation.

City Manager Gary Esplin commented that staff?s intent is to make sure it is understood that there is a need for the continuation of 450 North. There may be a question as to how to do it and whether a cost sharing agreement is needed, but this will be settled prior to the preliminary plat public hearing.

Council Member Whatcott inquired how wide 450 North is.

Mr. Nicholson replied that the right-of-way is 80', but the west end has been built to a 66' standard with added landscaping. A decision will have to be made if this is to continue, or a four lane road built.

Council Member Whatcott commented that traffic is getting more congested and staff should look at turn lanes and ingress and egress to better access the property.

Council Member Bunker clarified that before approval of the preliminary plat the applicant is required to have an agreement with the City on completion of 450 North Street.

City Manager Gary Esplin commented that 450 North is on the City?s master road plan and it needs to be put in at the same time this project is put in. A traffic study will have to be done.

MOTION: A motion was made by Council Member Gardner to approve the site plan and building elevations.
SECOND: The motion was seconded by Council Member Orton.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.
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REQUEST TO REMODEL:
Community Development Director Bob Nicholson explained that a request by the Southwest Utah Public Health Department has been made to remodel a building with a legal, non-conforming parking situation at 620 South 400 East. The building was built in the mid-70's at the time when the City?s parking requirement was based on the number of employees. Shortly thereafter the City changed its parking requirements to be based on square footage. The building has 39 spaces, with access to 105 spaces. The request is not to add square footage to the building, but only to remodel the interior. The Planning Commission recommends approval subject to the following:

1. No offices shall be permitted in the basement (3,800 sq. ft.).
2. No additions shall be permitted to the building.
3. No floor levels shall be added.
4. Street trees shall be installed to meet the tree ordinance (replace trees removed).

Lynn Elliott, architect, advised that the use of the building will not change. Southwest Utah Public Health has purchased the building and will use it for medical office and clinic space.

MOTION: A motion was made by Council Member Orton to approve the request.
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/AMEND PD ZONE/ORDINANCE:
Public hearing to consider an amendment to the PD zone for the Ledges development located south of Winchester Hills on both sides of State Highway U-18. Randy Deschamps, applicant.

Council Member Gardner declared a conflict of interest.

Community Development Director Bob Nicholson explained that the boundaries of the project do not change. The roundabout has been moved 1200' to the south, park locations have been changed, the fire station site has been shifted, the road layout remains the same - roads on the east will be public and roads on the west will be private and gated. The frontage road is a public street. The commercial C-1 location has decreased in size and moved near Winchester Hills. Parks are public on the east side of the project and private on the west side past the gate. The buffer around Winchester Hills and the JEL Subdivision is 100' of open space. The number of units has been decreased from 2730 to 2400 and the new density is 2.2 units per acre. An allowance has been made for a church site, but this has not been shown on the map. A school site, power substation site, water tank site, and fire substation site are provided. All utilities are underground. The Planning Commission recommends approval as submitted. A letter has been received from Snow Canyon State Park expressing concern about private vs. public access to the State Park from the project.

Randy Deschamps, applicant, explained that most of the changes result from the roundabout change dictated by UDOT. The commercial area designated near Winchester Hills will not be commercial or stores, it will be office. There is a commercial site just below the fire station. Commercial has been reduced from 16 acres to two to three acres and will be generally located where shown on the concept plan. He stated he spoke with the Parks Department and asked them to consider the project as a whole for the park requirements. They would like to spend less on the parks on the west side and would rather spend the money and create parks where the people will be. There will be a couple of large parks on the west side, one will be private and the other public. There is a change in the collector road system as a result of The Trails project on the south. There will be a complete loop on both sides for traffic circulation.

Council Member Orton inquired about the letter from Snow Canyon State Park.


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Mr. Deschamps replied that he agreed with the letter. The issue will not be discussed, however, until development in that area is proposed. There will be horse trails and parking for horse trailers. He commented that State Parks is worried about fencing adjacent to the State Park. He stated that they were getting ready to do the on and off ramps, but UDOT decided to widen the highway to four lanes so they had to wait. The
new lanes should be asphalted within a month and then they can continue with the roundabout and connecting roads.

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 amendment by ordinance.
SECOND: The motion was seconded by Council Member Whatcott.
VOTE: Mayor McArthur called for a vote and all voted aye. The motion carried.

Community Development Director Bob Nicholson clarified for the record that the text says the commercial area by Winchester Hills is C-1, but it is a C-1+ office zone.

After the conclusion of the following public hearing, the Mayor called for a roll call vote, as follows:

REVOTE: Council Member Bunker - aye
Council Member Whatcott - aye
Council Member Allen - aye
Council Member Orton - aye
Council Member Gardner - abstained

The motion carried.

PUBLIC HEARING/ZONE CHANGE/ORDINANCE:
Public hearing to consider approval of a zone change from A-1 to RE-12.5 on .5 acre located at approximately 2800 South 2260 East. Jeff Hughes, applicant.

Community Development Director Bob Nicholson explained that the Knolls is immediately to the south of the subject property and is zoned RE-12.5 The subject property is zoned A-1. Several years ago the property owners split the property and created a half-acre lot. This action is to correct that.

City Manager Gary Esplin explained that the lot was split and recorded with the County and the City had no knowledge of it. It was only caught when a request for a building permit was made.

Community Development Director Bob Nicholson explained that the subject property is adjacent to RE-12.5 property and the area is in transition. The lot is a flag lot and the stem portion is an easement and is not owned by the applicant.

Council Member Whatcott inquired if the lot could be zoned RE-12.5 and limited to one dwelling unit, otherwise two homes could be put there adding to the problem.

Mr. Nicholson replied that based on lot size it would not meet requirements for two homes.

City Manager Gary Esplin inquired if the City could put a restriction of one unit on the flag lot.

City Attorney Shawn Guzman replied that the City could make this restriction.

Bruce Hinton, representing Jeff Hughes, explained that the applicant wants to locate just one home on the lot. The lot is 24,500 sq. ft. and not large enough for two homes.

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

Council Member Whatcott commented that he was not opposed to the zone change. He inquired if the owner of the one acre lot had received notice.

Mr. Nicholson replied that notices were sent to everyone within 500 feet of the zone change. Public comments were made at the Planning Commission meeting.

City Planner Ray Snyder advised that the comments made at the Planning Commission meeting were made by a woman who did not want to see two homes located on the lot.

Community Development Director Bob Nicholson verified that the half acre lot is 21,780 sq. ft. and 25,000 sq. ft. is needed to locate two homes on the lot.

City Attorney Shawn Guzman clarified that the accessway is an easement so it cannot be counted in the lot size. He inquired if in the future the applicant bought the easement if it could be counted in the lot size and meet the requirement for two homes.

Mr. Nicholson replied that a stem cannot be counted toward meeting lot size requirements.

City Attorney Shawn Guzman replied that he would still recommend that the stipulation be included in the zone change.

MOTION: A motion was made by Council Member Whatcott to approve the zone change with the stipulation that only one home can be located on the lot.
SECOND: The motion was seconded by Council Member Orton.
VOTE: Mayor McArthur called for a roll call vote, as follows:

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

The vote was unanimous and the motion carried.

Council Member Whatcott commented that the City has a number of lots in the AG zone. He inquired what would stop others from splitting a lot, recording it, and then asking for forgiveness.

City Attorney Shawn Guzman replied that the City could go to court to have the lots put back into one lot, but there is always the problem of the innocent buyer who buys it.

Council Member Allen advised that LUDMA addresses this by requiring that a city be notified before a lot split is recorded.

City Attorney Shawn Guzman replied that the County is still recording them, and this problem exists throughout the City.

It was suggested that a letter be sent by the City Attorney to the County Attorney advising him of this problem.

PUBLIC HEARING/ZONE CHANGE/ORDINANCE:
Public hearing to consider approval of a zone change from R-1-10 and OS to PD Residential on 52 acres located west of Pioneer Road adjacent to the Calvary Church. Steve Wilson, applicant.



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Community Development Director Bob Nicholson explained that the project consists of 193 lots behind the Calvary Chapel. All are single family homes on lots from 5,000 sq. ft. to 15,000 sq. ft. The Calvary Chapel and the developer have agreed to land trades to make the project work. The applicants propose a City park, and will be putting in sewer line along the perimeter of the project which will double as a trail. The project will consist of public streets. The Planning Commission recommends approval. A traffic impact study has been done.

Council Member Allen inquired if the property were out of the flood plain and flood zone and if there was armoring along that section.

She was advised that the property was out of the flood plain and flood zone and was armored.

Council Member Orton inquired of the applicant why they wanted PD zoning instead of R-1-10.

Mike Christensen, representing the applicant, replied that PD zoning worked better for the property. The density is 3.7 units per acre. The applicant has worked with staff to provide a mixture of lot sizes and encouraged them to make some affordable-type housing.

Council Member Orton inquired of Mr. Christensen how the applicant intended on making the homes affordable.

Mr. Christensen replied that this had not yet been determined. He explained that in exchange for the increased density, they are required to provide open space, and that is what is being proposed with the park and trail system and needed sewer line. The City has asked for an easement to provide the sewer line along the river and this is the only place they can put it to get the flows they need. The applicant is providing this easement at no cost to the City.

Council Member Bunker inquired if deed restrictions would be used to keep the prices at an affordable rate.

Mr. Christensen replied that this is what the applicant is trying to accomplish with the smaller lots. He stated that he would work with staff to accomplish affordable housing on the smaller lots.

Council Member Whatcott inquired how this could be accomplished without making it a part of the PD text.

Council Member Allen suggested that the applicant work with the St. George Housing Authority to set up an affordable housing program.

Council Member Whatcott stated he did not know how the City Council could approve the PD without something in the PD text providing the ability for affordable housing.

Council Member Allen suggested that the applicant could volunteer to set aside a certain percentage of the project for affordable housing and this could be made a part of the recommendation.

Council Member Orton commented that by going to a PD, the applicant is getting an increased density of 30-40 units.

Mr. Christensen commented that the applicant is providing a park and easement free of charge for the sewer line. He stated he felt the applicant could live with 5% of the total lots designated for affordable housing, with the applicant designating which lots those would be.


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Mayor McArthur opened the public hearing.

Colleen Coney commented that the proposed project would impact people in the area because of the high density. 193 houses will create a lot of traffic, and there will be another 1000 homes in Sun River.

Albert Fawcett commented that he could not tell by the plan and map, but he was concerned the project may cut off access to his property on the river.

Mike Christensen replied that they have tried to maintain the access, but there is a ledge along the river such that a car could not drive over it.

Mayor McArthur commented that according to the plan, the only access would be for pedestrians.

Mr. Christensen replied that this was all that can be done anyway, as a car cannot drive over the ledge.

Community Development Director Bob Nicholson commented that all Mr. Fawcett?s property is in the flood plain and flood way.

Council Member Gardner commented that there was an existing easement to Mr. Fawcett?s property through the applicant?s property.

Mr. Fawcett commented that there have been existing roads in this area for 100 years. They are dirt roads, but they can be driven, and they are the only access he knows of.

Mike Christensen advised that the Tarleton Blair survey was done in the 30's or earlier, and the river was in a different location. The parcels Mr. Fawcett is talking about are now out in the river in the flood plain. Accesses were delineated as part of the survey, and the lots ranged from half acres to five acre lots. Mr. Fawcett can still access his property through the subdivision by use of the trail and maintenance road. The roads which now exist are more or less four wheeler trails and are not prescriptive easements in any form.

City Attorney Shawn Guzman commented that before the Calvary Chapel was built, there was an access road to the river property. He stated that the aerials taken before the chapel was built clearly show a roadway heading west, which is the primary access to the lots in the river. He commented that when considering a zone change the City Council needs to distinguish that for any plat which might come through. The applicant needs to know that Mr. Fawcett has legal standing as far as access, and this will need to be worked out before preliminary plat approval. The lots to which Mr. Fawcett has access are not buildable, but he still has the right to get to them.

Mr. Fawcett stated it was hard to tell without being surveyed, but he did have buildable property above the flood plain.

Mayor McArthur commented that the City Council could proceed with the zone change, realizing that before preliminary plat approval access would have to be addressed.

City Attorney Shawn Guzman replied that since the applicant is requesting a PD, the layout and roadways would have to be shown before approval, and the current plan does not show access to Mr. Fawcett?s property.

Council Member Gardner inquired if the zone change could be approved with the stipulation that there be access.

City Attorney Shawn Guzman replied that there is more than one property owner.



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Council Member Orton commented that the City Council also needed to determine what it was going to do as far as attainable housing, suggesting that more than 5% needed to be agreed to.

Council Member Whatcott commented that the City Council also needed to see colors, building design, and much more than just a map of the PD.

City Attorney Shawn Guzman commented that given the number of property owners that would need access to their properties, it would be helpful to see all the lots in the river so it can be seen how they will be affected by the PD layout.

Jeff Morby, representing Leucadia Financial Corp., advised that it looked like part of the proposal included Leucadia?s property, and they had not been contacted. The lots in the river are part of the old Price City, and there are tons of lots down there in the river. This was a city in the old days, prior to Bloomington, and there was a lot of activity in this section. Leucadia has not agreed to the park, and will object to that issue until discussion is had. Leucadia owns two acres in the vicinity which were used for staging ground when the dike work was done.

Rick Nehrud, Pastor at the Calvary Chapel, explained that there was a drainage easement that was moved from the center of their property to the north where it now drains to the river. The road being talked about that some people use to access the river area is just one access, and there are many of them through the rest of the property. He commented that Leucadia property is not a part of the proposal. He expressed support for the proposed project as it blends the Bloomington portion into Sun River by providing a blend of socio-economic strata.

Mike Christensen commented that when he submitted the PD package, it consisted of 20-25 pages of information including elevations of a typical home.

Planner Ray Snyder advised that he did have the case file, but tried to cut it down when providing information to the Mayor and Council. He stated that he did not have the colors for the project, but did have pages of floor plans and a narrative of the PD text was included in the packets.

Mayor McArthur commented that elevations are required, showing the textures, tile, color of stucco, etc.

Council Member Orton commented he felt there were also other issues needing clarification.

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

Mike Christensen commented that all the property has been surveyed and a legal description prepared. He stated that he represents the owners of property shown on the map.

Jeff Morby stated that he previously saw an exhibit where Leucadia?s property was shown as a park, but the map presented by the applicant is accurate, and Leucadia?s property is to the north of the proposed project.

MOTION: A motion to table the matter was made by Council Member Orton.
SECOND: The motion was seconded by Council Member Allen.

Mayor McArthur commented that the applicant needs to provide colors and textures.

Council Member Orton commented that how the lots in the river are going to be affected and access to them also needed to be addressed.



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November 2, 2006
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Council Member Allen encouraged the applicant to check with the Housing Authority for assistance with affordable housing options.

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

Mayor McArthur called for a five minute break.

PUBLIC HEARING/AMEND GENERAL PLAN LAND USE MAP/ORDINANCE:
Public hearing to consider an amendment to the City?s General Plan Land Use Map to change the designation from Low Density Residential to Professional Office on 11.6 acres located on the west side of River Road at about 1800 South, south of the LDS Chapel and west of Quail Valley Subdivision. James and Linda Cottam, applicants.

Community Development Director Bob Nicholson explained that based on input from a neighborhood meeting and comments from the Planning Commission, the applicant changed its request from a commercial to a request for professional office, and changed the layout from two story units to primarily single level. The applicants will need to come back later for a zone change to administrative and professional office. The area calls for low density residential on the general plan. The property has 772 feet of frontage on River Road. There are access concerns and not all of the issues have been resolved. Property owners within 500' have been notified. The applicants propose to maintain the existing vegetation on the back of the property as a buffer between the Eagle?s Landing Subdivision. The Planning Commission recommends approval based on neighborhood support.

Jim Raines advised that the Cottam family has been diligent in looking at options for the property, and currently can build an R-1-10 subdivision with 35 lots, but this would require them to utilize all the property. The back tamarisk area is a green area 11-15 feet below property grade. If an R-1-10 subdivision were developed, this area would have to be brought up to the level of the rest of the property which would create a retaining wall situation and the new homes would sit 12' above the existing homes in Eagle?s Landing. Staff did not like the strip mall proposal and suggested a neighborhood meeting. 20+ people attended and the Cottams listened to the comments and then went door-to-door canvassing people to get additional comments. 40 people have signed a petition in favor of the proposal. All offices will be single story. This will not contribute to the a.m./p.m. peak traffic impact.

Mayor McArthur opened the public hearing.

Ann Schneider, President of The Hills Association, advised she represented 34 homes. She express concern that ten of the homes would be separated from the Cottam property by a sunken retaining wall 6-8 feet tall, and privacy issues that would be created. She requested that there be some kind of fence so that people could not jump down into their yards. She stated they did not want a solid fence, and requested that a grassy knoll be built and wrought iron fencing be used. She also requested that the building in the second plan be moved so that it is more than 20 feet away from the homes.

Mr. Raines replied that the building was moved an additional eight to ten feet, and is now 25-30 feet away from the homes.

Ms. Schneider expressed concern that people on the proposed walking path would be able to see into the homes.

Wayne Nickel advised that he has a home in The Hills and is a physician and familiar with professional buildings and their use. He expressed concern with noise pollution, doors slamming all day long, and who will work in the buildings as determined by the skill of the individuals applying for the jobs. In addition, where people go for care is determined by their insurance carrier and whether locals use the facility or not no one

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November 2, 2006
Page Fourteen

knows. There is a large buffer on the west side and on the south side there is none. For both visual and noise pollution he requested a much larger buffer zone next to The Hills.
Tim Frei advised that he made calls to residents and has signatures from 25 homeowners who have concerns that the commercial project will create more traffic than a residential project. Just north of the project and less than a mile away there is an area is zoned for commercial, and more is not needed around the neighborhood. Low density residential creates 10 trips per day per household, and professional office creates 11 trips per day per 1000 sq. ft. of office space. This will create a huge problem for River Road. He stated that the area is residential and he would like it to stay that way.

David West, a resident of Eagle?s Landing, stated that his biggest concern is the fact that the tamarisk area has been allowed to overgrow tremendously and is a fire hazard. He stated he appreciated the Cottams trying to find out what the neighbors would like. He supported keeping a buffer zone provided it was cleaned and maintained. He stated he was generally in favor of the proposal but concerned how the City Council would be able to enforce the restrictions. He inquired what was to prevent the Cottams from selling to a new developer who will propose something different after the zone change is granted. He requested that there be some way to put restrictions on the property.

Community Development Director Bob Nicholson commented that the simple answer is that with a general plan designation for professional office only those uses are allowed, and no others. Whether all the units will be single level is a zoning decision to be made when the applicant comes in with the PD to lock in the development concept.

Morgan McDuffy, a resident of the culdesac at 1710 South, advised that he has been the witness to two accidents within two miles of his home, and his concern is in the general area of construction. To change the road as proposed in the plan would also increase construction traffic. He expressed concern for the future and how this decision will change the community. He stated that turning left onto River Road is now impossible, and this project would tremendously increase that risk. He expressed concern for general safety reasons and the future of the neighborhood and safety of the residents who live there.

Ann Schneider agreed that while traffic is a problem, it will be a problem whether homes or offices are built. She stated she consulted a commercial realtor who advised that a professional office complex would maintain and possibly increase property values in the area. For this reason, she represented that homeowners in the area are in favor of the office site.

Morgan McDuffy commented that he took part in a survey of homeowners in The Hills, and not a single one was in favor of the proposal. To say The Hills residents are in support is not accurate as it is not unanimous. He stated that when residential communities are put in, restrictions can be made.

Jim Raines commented that a wall is required between a professional office complex and a residential development. Traffic issues with professional offices will require a traffic study, while a residential subdivision would not require a traffic study. Traffic is a problem at peak hours, and professional office will change the traffic distribution and should not be any greater than a residential development. The Cottam family will commit that the zone change will be a PD planned development.

City Attorney Shawn Guzman clarified that while the City can put some requirements on residential, it has to be a PD to do so. The City is limited on what it can require on a regular low density subdivision.

An unidentified man commented that there are 2.5 times more trips for professional office and this is a great concern for him.


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November 2, 2006
Page Fifteen

Mayor McArthur closed the public hearing.

Council Member Orton inquired how the applicant planned on maintaining the three acre buffer zone.

Jim Raines replied that it would be done through the professional office association who would hire landscapers to maintain the grounds. A small seating area will be installed, and it will be made an inviting place to be rather than avoid.

Council Member Whatcott commented that he disagreed with the applicant on the 15' height difference as the retaining wall would not be that obtrusive. As a resident of the neighborhood, personally he does not think it is a problem to locate professional offices there, however, there is the question of where do you put them. Does the City want River Road to be a commercial road? Commercial zoning is designated for the corner of 1450 South River Road and the property on the west as well; then there is the Red Sands Market, and another commercial area at 2450 South River Road. He stated he felt the City Council needed to look at the request from a larger perspective rather than just a general plan change.
Council Member Gardner commented that he lives over the fence from a professional office area and they can be good neighbors. He inquired if another traffic light was anticipated for the area. He commented that the traffic lights already in place have broken up traffic a little so it is easier to get on and off River Road.

Council Member Allen commented that a traffic light is proposed at St. James, and she inquired if there was a possibility of another light at this location.

She was advised by City staff that the lights would be too close together.

Council Member Bunker commented there was a letter in the packet from staff suggesting that the matter be tabled until a traffic study is done. She suggested that a study be done for a residential project as well.

MOTION: A motion to table the issue was made by Council Member Whatcott, who commented that the City Council needed a broader picture. He commented that he believed professional office can be a good neighbor, and the design shows single level buildings which are very attractive. Lighting is not an issue, and professional offices are quiet at night and are good neighbors on the weekends as well.

Council Member Orton commented that answers were needed with regard to traffic - R-1-10 vs. professional office. He commented that this project may be the best neighbor that can be found, and the applicant has done an outstanding job, but he would like staff?s opinion on traffic created.

SECOND: The motion was seconded by Council Member Orton.

Council Member Orton inquired when staff would be able to provide the statistics needed to make a decision.

City Manager Gary Esplin replied that traffic figures are easily obtained. The issue is taking a section from River Road to the bridge and looking at the properties along this corridor in a work meeting.

Mayor McArthur advised that this matter would be placed on the work meeting agenda for November 30, 2006 at 4:00 p.m..

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




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November 2, 2006
Page Sixteen

PUBLIC HEARING/AMEND GENERAL PLAN/ORDINANCE:
Public hearing to consider an amendment to the City?s General Plan text and Land Use Map to add land use designations around the replacement airport located generally to the southeast of the present St. George City urbanized area. City of St. George, applicant.

Sheila Thomas explained that the FAA requires land use and zoning in support of the airport. The recommended general plan changes are a result of a task force which looked at compatible land use. She reviewed the following: land use designations within the Airport Study Area, the Airport Vicinity Land Use Plan, Primary Airport Access and Circulation Plan, and Airport Vicinity Design and Development Standards.

Mayor McArthur opened the public hearing.

Ed Baca commented that since the Airport Board was dissolved, public interest has not been reduced and is growing with the realization of the new airport. Citizens want a better understanding of land use around the airport as it relates to Washington and St. George cities, shared costs, and the possibility of increased sales taxes.

Mayor McArthur replied that the opportunity to build the airport in 2010 or 2011 all depends on finances and how rapidly they are made available. After the financial plan is done, the City will be better able to address these concerns.

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

MOTION: A motion to approve the amendment by ordinance was made by Council Member Gardner.
SECOND: The motion was seconded by Council Member Allen.
VOTE: Mayor McArthur called for a roll call vote, as follows:

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

The vote was unanimous and the motion carried.

PUBLIC HEARING/AMEND CITY CODE/ORDINANCE:
Public hearing to consider an amendment to Title 10, Chapter 13D, St. George City Code, to add new land use designations and a list of permitted and conditional uses.

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 ordinance.
SECOND: The motion was seconded by Council Member Orton.
VOTE: Mayor McArthur called for a roll call vote, as follows:

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

The vote was unanimous and the motion carried.



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November 2, 2006
Page Seventeen

LEASE AGREEMENT:
Consider approval of lease agreement for the park at the Dixie Downs Elementary School.

City Manager Gary Esplin explained that the City would like to enter into a lease with the School District for use of the park. The City will use CDBG funds to install a trail and gazebo and generally improve the park.

MOTION: A motion was made by Council Member Gardner to approve the lease.
SECOND: The motion was seconded by Council Member Orton.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

AGREEMENT:
Consider approval of the IPP3 Participation Request Agreement between the City and UAMPS.

This item was tabled.

LEASE AGREEMENT:
Consider approval of an airport terminal lease for a gift shop. Sandi Iverson, applicant.

Airport Manager Mike LaPier explained that the area being leased is 45 sq. ft. immediately to the left of the front door. The lease amount is $1.00 per square foot, and the lease is the standard lease agreement.

MOTION: A motion was made by Council Member Gardner to approve the lease.
SECOND: The motion was seconded by Council Member Allen.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

LEASE AGREEMENT:
Consider approval of a new airport ground lease with the Hansen Family Trust. Justin Hansen, applicant.

Airport Manager Mike LaPier explained that the new standard ground lease is for a new FBO operation to replace Air Superiority who has terminated their lease. The standard rate for this new lease is 1? per sq. foot.

MOTION: A motion was made by Council Member Orton to approve the lease.
SECOND: The motion was seconded by Council Member Gardner.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

AMENDMENT TO LEASE:
Consider approval of an amendment to the Direct Aviation airport lease agreement to extend the lease to 2011. Direct Aviation, applicant.

This item was tabled.

APPROVAL OF MINUTES:
Consider approval of the minutes of the regular City Council meeting held October 5, 2006.

MOTION: A motion was made by Council Member Orton to approve the minutes as presented.
SECOND: The motion was seconded by Council Member Whatcott.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

Consider approval of the minutes of the City Council work meeting held October 12, 2006.


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November 2, 2006
Page Eighteen

MOTION: A motion was made by Council Member Bunker to approve the minutes as amended.
SECOND: The motion was seconded by Council Member Whatcott.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

PUBLIC COMMENTS:
Mayor McArthur called for public comments. There were none.

ADJOURN TO EXECUTIVE SESSION:
MOTION: A motion to adjourn to an executive session to discuss a property purchase was made by Council Member Gardner.
SECOND: The motion was seconded by Council Member Whatcott.
VOTE: Mayor McArthur called for a roll call vote, as follows:

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

The vote was unanimous and the motion carried.

RECONVENE:
MOTION: A motion to reconvene was made by Council Member Allen.
SECOND: The motion was seconded by Council Member Bunker.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

MISCELLANEOUS DISCUSSIONS:
A brief discussion was held on removal of several trees at the parade grounds, and use of the parade grounds. Mayor McArthur invited the Council members to make a site visit.

The work meeting for next week will 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 Children?s Justice Center affordable housing project.

The meeting then adjourned at 9:25 p.m.



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Gay Cragun, City Recorder