City Council Minutes

Thursday, March 1,2007



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
MARCH 1, 2007, 4:00 P.M.
CITY COUNCIL CHAMBERS

PRESENT:
Mayor Daniel McArthur
Council Member Rod Orton
Council Member Gail Bunker
Council Member Bob Whatcott
Council Member Larry Gardner
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 in attendance. He explained that Council Member Allen was traveling back from Salt Lake City and would be a few minutes late. The pledge of allegiance and flag ceremony was led by the Dixie Service Unit of the Girl Scouts. The invocation was offered by Pastor Larsen.

Girl Scout Leader Lisa Reid introduced Leader Joy Welch and the girl scouts. She advised that volunteers are needed in order to have troops. There are currently 90 girls on a waiting list. Cookie booths will be set up at local grocery stores March 16 through April 1. She encouraged everyone to purchase cookies to be sent to the troops in Iraq.

Mayor McArthur read and signed a proclamation proclaiming the week of March 11-17 as Girl Scout Week within the City.

Mayor McArthur invited several Boy Scouts in the audience to introduce themselves.

AWARD OF BID:
Consider award of bid for the Mall Drive concrete curb median project.

Purchasing Manager Connie Hood advised that three bids were received. She recommended award of the bid to the low bidder, Tri-West Construction, in the amount of $265,924.92.

MOTION: A motion was made by Council Member Bunker to award the bid to Tri-West Construction in the amount of $265,924.92.
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 approval of a contract to build a new road to the Dixie Convention Center to tie in the roundabout to 270 East.

Purchasing Manager Connie Hood explained that seven bids were received. She recommended award of the bid to the low bidder, Precision Excavating, in the amount of $1,236,070.89. The high bid was $1,747,184.

MOTION: A motion was made by Council Member Gardner to award the bid to the low bidder, Precision Excavating, in the amount of $1,236,070.89.
SECOND: The motion was seconded by Council Member Orton.

Project Engineer Wes Jenkins advised that the project would begin by the end of March and take 90-120 calendar days to complete.

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




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March 1, 2007
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AWARD OF BID:
Consider approval of design services for the Willow Run Park.

Purchasing Manager Connie Hood recommended award of the bid to Winston and Associates in the amount of $73,200.

Mayor McArthur explained this park will be located along Dixie Drive past Plant World and next to the Olive Grove Subdivision. This park will be paid for partially by FEMA for dirt lost in the flood of 2005 at the Mathis, Clark, and Blake parks. This funding would not have been possible without the good work by Deanna Brklacich.

City Manager Gary Esplin commented that FEMA?s portion of the funding is 75%.

MOTION: A motion was made by Council Member Bunker to award the bid to Winston and Associates in the amount of $73,200.
SECOND: The motion was seconded by Council Member Gardner.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

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

AWARD OF BID:
Consider award of bid for the tamarisk clearing project.

Purchasing Manager Connie Hood advised that two bids were received. She recommended award of a blanket purchase order in an amount not to exceed $50,000 to the low bidder, Skyline Reclamation.

Randy Halverson explained that because the bids came in lower than expected, this will allow the City to remove 100 acres of tamarisk rather than 50 acres. The project area is located behind the St. James Subdivision and is being done in conjunction with a Utah Department of Natural Resources grant.

Council Member Orton commented that the City should know by the end of April how successful the beetle program was.

MOTION: A motion was made by Council Member Orton to award a blanket purchase order to Skyline Reclamation in an amount not to exceed $50,000.
SECOND: The motion was seconded by Council Member Gardner.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

City Manager Gary Esplin explained that the City?s tamarisk removal program using its own machines has been productive and successful.

Council Member Orton advised that the beetles being used now are from the Delta area, and if they do not work there is the possibility of acquiring a different strain of beetles.

CONTRACT:
Consider approval of a contract with Bowen Collins & Assoc. to perform a drainage study for the Little Valley area.

Purchasing Manager Connie Hood recommended approval in the amount of $164,086.

City Manager Gary Esplin clarified that this study is not just for the Little Valley area, but will also update the master drainage plan for the entire City. It is being paid for by funds from the drainage fund.

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

AWARD OF BID:
Consider award of bid for a metal building and structures for Water and Energy Services.

Purchasing Manager Connie Hood advised that two bids were received. She recommended award of the bid to the low bidder, Precision Excavating, in the amount of $447,300.35. She advised that Silverwood submitted a bid that appeared to be the low bid, but the detailed construction schedule and bid bond were not included in the bid, so the bid is considered non-compliant.

MOTION: A motion was made by Council Member Whatcott to award the bid to Precision Excavating in the amount of $447,300.35.
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 a lattice frame radial stacker for the Water Department.

Purchasing Manager Connie Hood explained that two bids were received. She recommended award of the bid to the low bidder, Goodfellow, in the amount of $27,000.

Mayor McArthur explained that a radial stacker is a conveyor belt that moves around and stacks dirt.

City Manager Gary Esplin explained that this is a non-budgeted item in the Water Department. The Water Services Director has been using the Streets Department equipment quite a bit and volunteered to buy this equipment for the Streets Department.

MOTION: A motion was made by Council Member Orton to award the bid to Goodfellow in the amount of $27,000.
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 two OPUS 29' buses.

Purchasing Manager Connie Hood recommended purchase of the buses for $265,192 each off the government bid with Clemons Options.

Ryan Marshall explained that these are the same buses the City now uses, except with newer engines. They have the same design and seating capacity. Purchase of these buses will allow the City to go to half hour service. Ridership in 2006 was over 208,000 rides, with an average of 18,000-19,000 rides per month. The life of the buses is 12 years or 300,000 miles.

Council Member Allen arrived.

Council Member Orton commented he had received requests from citizens for trash cans at the bus stops. He inquired of Mr. Marshall if trash cans were being supplied to help keep neighborhoods clean.

Mr. Marshall replied that trash cans were being supplied, as well as benches.




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March 1, 2007
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City Manager Gary Esplin explained that of the $530,000 cost of the buses, 80% is covered by a federal grant. The remaining 20% will be paid for through allocation of the City?s portion of sales tax.

MOTION: A motion was made by Council Member Orton to award the bid to Clemons Options in the amount of $530,384.
SECOND: The motion was seconded by Council Member Gardner.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

CONTRACT:
Consider approval of a professional services contract to complete the design, construction and bid documents for the Jesse M. Crosby Parkway at the confluence of the Virgin and Santa Clara Rivers.

Purchasing Manager Connie Hood recommended approval of a contract with Landmark Design in the amount of $17,000 for the design phase and $27,000 for the construction and bid documents, for a total amount not to exceed $44,000.

City Manager Gary Esplin explained that the parkway will be located south of the south parking lot in-between the river and trail.

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

AWARD OF BID:
Consider award of bid for the 5 kW solar installation project on the Water and Energy Services administration building.

Purchasing Manager Connie Hood advised that two bids were received. She recommended award to the only qualified bid, Gardner Engineering, in the amount of $35,662.11.

Energy Services Director Phil Solomon explained that an average home uses 3-8 kW of energy. The City received a grant from the state in the amount of $15,000 as a match for half of the project. The panels were purchased from KV Electric, and this bid is for the installation of the panels. Green power costs 100 times more than regular sources, but over time the City will be mandated to have a certain amount of renewable energy in its portfolio.

MOTION: A motion was made by Council Member Whatcott to award the bid to Gardner Engineering in the amounf of $35,662.11.
SECOND: The motion was seconded by Council Member Gardner.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

Mr. Solomon advised that the City is also working with Gardner Engineering to submit a proposal to provide consulting services to install 1-2 mg of solar energy at the new airport.

RESOLUTION:
Consider approval of a resolution reinstating military utility credit for reserve soldiers.

City Manager Gary Esplin explained that in the past the City extended a credit on utility bills for those in active military duty. The program lapsed, and he recommended that it be reinstated for another year.,

Council Member Whatcott commented that Washington City and Dixie REA continued their credits, and inquired why the City stopped its credit. He inquired if the credit would be retroactive.

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March 1, 2007
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City Manager Gary Esplin replied that the credit could be made retroactive, but clarified that the credit was for those serving on active duty outside the country.

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

REPORT FROM PLANNING COMMISSION:
Community Development Director Bob Nicholson explained that the Planning Commission, at its meeting held February 27, 2007, scheduled public hearings for March 15, 2007 at 5:00 p.m. to consider (1) an amendment to the City Code to require dedication of neighborhood parks by a developer as part of the subdivision platting and approval process, and (2) an amendment to the City Code to add a new section regarding R-1-7 and R-1-8 zones to address lot frontages within the central city residential area.

FINAL PLAT:
Community Development Director Bob Nicholson explained that the Planning Commission, at its meeting held February 27, 2007, recommended approval of the final plat for Primrose Point Phase 4 located at 110 South and Mall Drive.

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

CONDITIONAL USE PERMIT:
Consider approval of a conditional use permit to construct a detached garage with a height of 20' to the roof peak at 68 South 400 East. Tom Rogers, applicant.

Community Development Director Bob Nicholson explained that the Planning Commission recommended approval of the conditional use permit subject to the shower being removed from the bathroom and allowing only a sink and toilet.

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

CONDITIONAL USE PERMIT:
Consider approval of a conditional use permit to construct a detached garage with a roof peak height of 23' at 3770 Carribean Circle in the Sunset Cove Subdivision. Mr. and Mrs. Watts, applicants.

Planner Ray Snyder advised that the Planning Commission recommended approval of a height to 18' instead of the 23' as requested because of the distance from property lines. Neighbors expressed concern that their view would be blocked.

Council Member Orton commented he did not know if the City Council had granted increased roof height in an R-1-10 zone before. He suggested the City Council take a look at the property before making a final decision.

MOTION: A motion was made by Council Member Orton to table the matter for two weeks to give the City Council members a chance to visit the site.
SECOND: The motion was seconded by Council Member Gardner.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.



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March 1, 2007
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PUBLIC HEARING/ANNEXATION/ORDINANCE:
Public hearing to consider approval of the Burgess 100 Acre Annexation petition. J. Burton Burgess, applicant.

City Manager Gary Esplin explained that this annexation was previously approved, but then the parties could not come to terms on right-of-way, etc. Two parcels are involved. The biggest issue is that State law does not allow a city to annex a parcel which creates an island or peninsula and a nearby property owner does not want to annex. Because of this, the applicant would be left with a 53 acre parcel that cannot be annexed in right now. The City does not want to force someone to annex who does not want to, but if not, then the question of how they will be allowed to develop that property and what should they provide needs to be answered. This has been reduced to a proposed agreement wherein Mr. Burgess would dedicate necessary right-of-way through his parcels to extend Plantations Drive when it is ready to be built, and he will be allowed two access points on the roadway agreed to by the City?s Engineering Department. In the meantime Mr. Burgess will be allowed to go across the property for his ranching operation until road construction begins. Under the agreement Mr. Burgess will submit any development to all City zoning regulations and development requirements and pay all fees required and grant all easements and agree to pay service fees for all services that development will require, such as fire, police, etc. He stated that this was something the City does not prefer to do but most of the issues have been worked through.

Russ Gallian, representing Mr. Burgess, advised that he has been unable to contact the adjacent property owner about annexation.

Council Member Gardner commented that he spoke with the adjacent property owner?s sons who said their father was prepared to accept the annexation rather than protest it.

Russ Gallian commented that if the City Council is inclined to approve the annexation ordinance, it should be subject to working out details covered in the work meeting.

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

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

The vote was unanimous and the motion carried.

PUBLIC HEARING/PRELIMINARY PLAT:
Public hearing to consider approval of the preliminary plat for The Pointe Phase 3 at Sunbrook located north of the intersection of Lost Creek Drive and Emeraud Drive. Sunhill Homes, applicant.

Project Engineer Cathy Hasfurther explained that the property borders the current Santa Clara/St. George boundary. The applicants propose a 15 lot subdivision which borders the Santa Clara River. Three 20' maintenance accesses to the river have been provided. The applicant has done an additional erosion study and is doing more protection above that done by the NRCS. The cul-de-sac is 1000' long. The Fire Department had concerns with its length and talked with Rick Rosenberg, the applicant?s engineer, about

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obtaining a letter that says a connection will be extended, either to St. George or Santa Clara. This connection will occur when development next to the project occurs.

Mayor McArthur opened the public hearing.

Stan Dunbar advised that he lives three houses down from the project. Land and trees were lost during the flood and his major concern is if the rip rap will be done to federal standards. He stated that tremendous erosion has taken place and will continue to do so if certain rip rap standards are not met. He also expressed concern about further removal of trees due to development and inquired if there will be a separate construction access and walking paths. He requested clarification of the cul-de-sac becoming a through street.

Ms. Hasfurther replied that an erosion berm will be built with placed rock, not dumped rock, as the property is within the erosion hazard boundary. If adjacent development occurs, the cul-de-sac will become a through street.

Mr. Dunbar inquired which governing body would make sure the rip rap was done correctly.

Ms. Hasfurther replied that this would be done in conjunction with the applicant?s geotech engineer and approved by the City.

Council Member Gardner inquired if the rip rap would extend beyond the culdesac.

Ms. Hasfurther replied that the rip rap will extend around the culdesac to the point of the last building lot. She stated she would talk to Rick Rosenberg to see if he is interested in extending it into Santa Clara, but the City does not have control over what Santa Clara is doing. She advised that there is not another entrance for construction trucks because of the hill.

Council Member Allen advised Mr. Dunbar that the City would make sure that the contractor does not track mud and keeps the streets clean.

City Manager Gary Esplin commented that he did not know the plan for walking paths, but this can be addressed at the time of the final plat. He stated that at the time the final plat is approved, the City must be assured the rip rap will protect the site. Sunbrook owns some property past the development, but he was not sure how much.

Ms. Hasfurther replied that she did not think Sunbrook owned much property past the site, but it will be evaluated at the time construction drawings are reviewed. She stated she did not think the trees would be saved.

Wendy Cox advised that she owns property on both sides of the river and in the river bottom. She wanted to know if the rip rap rocks would be able to be seen, or would be covered with dirt, and she wanted to be sure that the trees on the other side of the river would not be touched and no one comes on their property during construction.

Ms. Hasfurther replied that the rip rap would be below the water surface and would be exposed rock but would not encroach on Ms. Cox?s property. The rip rap will be located entirely on Sun Hill?s property.

Mr. Dunbar commented that there was a cliff at the cul-de-sac and this would be a problem if it was not rip-rapped.

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

Ms. Hasfurther suggested that the developer be asked to place an orange construction fence along the property lines.


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City Manager Gary Esplin inquired why there was not a Sunbrook representative present to address these concerns. He suggested the matter be tabled and the public hearing continued.

MOTION: A motion to table the matter and continue the public hearing 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.

PUBLIC HEARING/PRELIMINARY PLAT:
Public hearing to consider approval of the preliminary plat for Royal Pines Amended located at 1190 South and 3000 East. Justin Bracken, Quality Development, applicant.

Project Engineer Cathy Hasfurther explained that the project consists of four lots and extending the cul-de-sac to connect to the north. The applicants are working on a cost sharing agreement with the City and would like to make that a condition of approval. A 20' easement needs to be dedicated on the west side for access to an irrigation ditch canal that serves the property owner to the northwest. The Planning Commission recommends approval.

Brett Burgess commented that it has come to his attention that there is a strip of ground that has an irrigation canal that feeds the fields. He is planning on piping it and continuing the water flow. There is also a strip owned by the Seegmiller family they are working on acquiring. There is a trail system along 3000 East.

Mayor McArthur opened the public hearing.

David Lundberg advised that he is an owner to the south and just received notice about this public hearing on Monday. He stated that three days was not adequate notice to adjacent landowners. He inquired about the wall height and design to the east and north and the power lines. He stated it appeared a taper on the southeast corner goes across Lundberg property. He inquired about plans for 3000 East.

Ms. Hasfurther replied that the power line along 3000 East is a main transmission line, is owned by Dixie REA, and must remain above ground. 3000 East is a master planned 90' arterial collector road for the area and will be built like Snow Canyon Parkway or Plantations Drive.

Mayor McArthur commented that eventually all drainage would be underground.

Brett Burgess commented that the fencing would be colored block fence to City standards. The City standard for height is 6', but this will be worked out with staff, and he will do whatever staff recommends. The sidewalk will meander for more character.

Mike McGregor recommended that the fencing be similar to what Washington City is doing - three to four feet of block with an open fence on the top for a more open feel.

Brad Seegmiller advised that the irrigation ditch goes along the Lundberg property along Stone Valley Estates to the south and beyond. It is now an open ditch, but it will need to be piped and he is willing to work with the developer. He stated the developer needed to make sure that if the pipe became plugged, water does not go onto neighboring properties. There is also an issue of property lines not matching the ditch lines, and he stated he was willing to work with the developer to take care of this issue.

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

Brett Burgess commented that the Lots on 3000 East sit 6-7' below 3000 East, and he will do whatever the City wants with regard to fencing. He stated he was not opposed to installing a 4' block wall with 2' of wrought iron on the top.

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

Mayor McArthur called for a short break. Upon conclusion of the break, the meeting resumed.

PUBLIC HEARING/PRELIMINARY PLAT:
Public hearing to consider approval of the preliminary plat for Las Colinas Subdivision located west of Pioneer Road and south of the Virgin River in a PD zone. Gilson Engineering, Steve Wilson, representative.

Planner John Willis advised the project consists of 52 acres at 3.8 units per acre, with lot square footage ranging from 5,000 sq. ft. to 21,996 sq. ft. Public rights-of-way are 50'-60'. The PD zone change was approved December 7, 2006. The applicants volunteered to enter into a development agreement with the City to provide 12 affordable homes dispersed throughout the subdivision. Half of the lots are between 5000 to 6000 sq. ft. The yards are 25' along public streets. A majority of the lots have frontages 50' wide and the square footage of the building envelopes are around 1200-1800 sq. ft. A flag lot configuration is also proposed. There is a master planned 66' right-of-way along the southern boundary of the subdivision, and the approved PD shows a road bisecting the property line. A letter has been obtained from SITLA agreeing to allow the road to be built entirely on SITLA?s property. The project is outside the 100 year floodplain and erosion hazard boundary. A deceleration lane is required at both entrances. The Planning Commission recommends approval.

Council Bunker inquired about the time frame for building each phase.

An unidentified man replied that the project will be divided into eight phases. A phase will be built every four months, with the entire project finished within two years. Two to four affordable housing units will be built in each phase.

Mayor McArthur opened the public hearing.

Jay Ostler advised that he owns six lots in the Tarleton Blair Subdivision bordering the development. He expressed concern that his property may be shut out by this development. He stated he wanted to do something with his property and a 10' trail to access his property was not sufficient.

Mayor McArthur inquired of Mr. Ostler how he accessed his property in the past.

Mr. Ostler replied that he had to walk from Pioneer Road or Sugar Leo to his property.

City Manager Gary Esplin replied that Mr. Ostler?s property is in the floodway and there is no way to develop it. The sewer easement will provide similar access to what currently exists, and that is all the developer is required to provide. The developer is not required to provide vehicular access.

City Attorney Shawn Guzman replied that this was correct, as there is no vehicular access now.

Mayor McArthur advised Mr. Ostler that he was not being denied access, but he would have to find his own access to meet City standards.

City Attorney Shawn Guzman advised there are old roadways on the plat which will need to be abandoned.

Wayne Conners, a resident of Sun River, expressed concern that someone could build a home in front of his and inquired about rip rap along the subdivision.

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Council Member Gardner replied that if the subdivision is located above a rocky shelf, it would not need rip rap.

City Manager Gary Esplin commented that the applicant will have to bring in construction documents before the final plat is approved and staff will check for erosion protection.

Mr. Conners inquired about the location of the proposed RV park.

Council Member Gardner replied that the RV park is located south and east of Sun River.

Mr. Conners inquired about relocation of the power line.

An unidentified man, representing the applicant, replied that the power line issue has been addressed with Dixie REA and an easement will be provided them so they can relocate it along their property line. It will be located above ground.

Fred Brown, a resident of Sun River, inquired about a plan for affordable housing and commented the traffic through the Bloomington roundabout was bad enough right now.

Mayor McArthur replied that guidelines for affordable housing are being determined now.

City Manager Gary Esplin replied that Sun River residents are contributing to the traffic problems at the Bloomington roundabout and Sun River still has a lot more permits for construction. The Bloomington Interchange is state-owned and the City is working with the state to rectify these problems. The Atkinville Interchange will be bid this spring and will take 18 months to two years to construct.

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

MOTION: A motion was made by Council Member Orton to approve the preliminary plat subject to a development agreement.

City Attorney Shawn Guzman advised there were still some terms of the agreement to be worked out.

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

PUBLIC HEARING/AMEND GENERAL PLAN/ORDINANCE:
Public hearing to consider an amendment to the General Plan for the Little Valley - Washington Fields area. City of St. George, applicant.

Community Development Director Bob Nicholson explained that this is the fourth time the draft plan has been discussed in a public meeting setting. The area consists of 3,300 acres. The purpose of the general plan is to provide long term framework and direction for future zoning decisions. The plan provides many more options in the types of residential development which can occur. Large lots are not prohibited, but in recent years there has been little demand to subdivide into large lots. Smaller lots are allowed with more amenities. Recently adopted TND guidelines will allow this type of development in areas designated for residential growth subject to meeting certain standards. The plan provides for road networks and neighborhood commercial areas. The general plan was last updated in 2002. The lower 1/3 of the City is in the process of a general plan review. Some of the changes which affect Little Valley are the new airport, new roads, the Ft. Pierce Industrial Park, and recent changes in land ownership in the area. The Washington City general plan has been taken into account as they are no longer trying to preserve agricultural areas. The Planning Commission heard from many property owners who have a strong desire to preserve Little Valley the way it is today. The plan is not popular with everyone. On the other hand, there are property owners who do not want to be limited to development at two units per acre. The plan

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provides for suitable buffers around existing horse properties and offers a trail network for horses, bikes and hikers. Neighborhood commercial centers are planned along 3000 East. 21 policies have been formulated to guide development in Little Valley. He clarified that the proposed general plan amendment would allow R-1-10 requests as well as allowing TND projects to be built in any residential area.

City Manager Gary Esplin clarified that the incentive to do a TND project is density. A proposed TND project would have to be looked at in totality and reviewed as it comes in.

Mr. Nicholson advised that the Planning Commission recommends approval on a five to one vote.

Mayor McArthur opened the public hearing.

Glen Bundy commented that it appeared too late for a plan as there were homes everywhere. He stated if the City would have designated this plan earlier it could have happened.

Paul Gooch commented that the City should consider making the agricultural property contiguous and not putting buffers around agricultural property like a patchwork quilt. He said the agricultural lifestyle would be easier to protect if it were contiguous. He stated he hoped the City would honor the promises made to forefathers to designate an area within the City for agriculture.

Council Member Orton replied the City feels it has done this by connecting agricultural areas together with trails.

Mr. Gooch commented that if high density areas are put in between agricultural areas, everyone will be frustrated.

Council Member Orton replied the City has tried to address this problem by providing trails. If all the agricultural areas were clumped together, people would have a hard time getting out through the high density areas to ride.

Mr. Gooch commented that when the population reaches 300,000, people will be clamoring for agricultural property. He stated when one acre lots come up for sale, they go quickly and for a lot of money.

Council Member Allen inquired why developers were not asking for larger lots.

Mr. Gooch replied that higher density means more money. He inquired if the developers? right to develop overrode their rights.

Paul Iverson commented that when residents complained about the construction of City ballfields in Little Valley, the City?s response was that it was master planned for ballfields. Little Valley was master planned to stay non-dense. Now the master plan is being changed. The City is doing a fliop-flop and the citizens in the area are not in favor of it. Developers are in favor of it because it means more money for them. He stated it did not behoove the City Council to become a part of the process of making sure developers maximize their profits. A 100' buffer zone is no buffer zone, as it was originally presented as 200'. The current City ordinance will not allow non-agricultural development closer than 100' to livestock corrals. He stated he was also speaking on behalf of DeVon Child, who is concerned a buffer is not proposed around his property. He stated there were still other open areas to develop in St. George to the south. He stated that beauty is in the eye of the beholder and everyone who lives on a large lot purchased that lot because they preferred it over a well-manicured subdivision. He urged the City Council to allow the citizens who live in Little Valley to keep their lifestyle; the lifestyle that Little Valley was master planned for.


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Kim Johnson, a 4H leader, advised that she purchased her property with agricultural use in mind. She stated she agreed with Paul Gooch. She expressed concern that new residents will complaint about the animals, and expressed concern about horses traveling on the same asphalt trails as bikes and pedestrians.

Council Member Allen replied that the trails would not be asphalt.

Council Member Orton replied that the City has not been able to acquire trail easements everywhere, so a 15' multi-purpose trail is better than none.

Council Member Gardner commented that on mountain trails it is common for horses to meet hikers on a 3' trail.

Community Development Director Bob Nicholson explained that the trails will vary from location to location, and ideally are 25' wide, with two separate trails because horses and bikes do not mix. Where the City has 25', there will be two trails, but in some areas there may be only one trail 10-15' wide.

Curt Gordon, representing private property owners and SITLA, expressed support for the plan and stated that failing to plan meant planning to fail. If the City did not adopt some kind of plan that provides a development framework, it will have a hodge podge of development. He stated he was aware of the hard work and good thinking that has gone into the plan and he was anxious to implement these exciting concepts such as the buffer areas. The general plan won?t force anyone to change their property use or give up what they have now. He stated he would object to keeping agricultural areas contiguous because so many trails and areas of open space have been provided.

Lorin Nielson advised that he represented owners of 14 acres located east of the elementary school, south of the ballfields, and west of Little Valley Road, advised that they asked him to relay their feelings to the City Council that the medium and medium-high density categories proposed for their properties work for them and they urge approval of the plan.

Bill Cox, a resident south of Little Valley Road near the new ball diamonds, expressed support for the plan and stated he liked the master plan concept.

Mike McGregor commented that while the proposal had merit, it was not good for the entire area. He suggested that Little Valley be divided into at least three or four areas. He stated the proposed plan had only developers in mind and was not what the majority of the populous wanted. He said an original County charter designated the Little Valley area for not less than one acre lots. He stated the area south of 2450 South is currently used for large animals, and except for the Ed Burgess property, the owners in Horseman?s Park are very opposed to this change and have no intention of going away. He then read from a handout provided to the Mayor and Council entitled ?Regarding the Little Valley Sub Area Plan and Alternatives.?

An unidentified woman commented that she did not want to leave St. George, and appreciated the trails. She stated that pedestrians and horses don?t mix, and she would appreciate two different trails. She inquired of the City Council if they wanted any agricultural area in St. George. She stated the proposed plan is the reversal of the current master plan and is a catch-all, suggesting that anyone can do anything in this area.

Jim Raines commented he was not representing any one developer. He distributed a map of the area. He stated that developers of 1160 acres of the 3300 acres in Little Valley hired his firm to look at various land uses in the area, and he represents those people as indicated on the map. He stated the developers he represents are not looking to develop anything under R-1-10. Some want to annex. He stated he was active in the Washington Fields general plan change, and the bonus density program used by Washington City was a good idea but in practice is not working well. He stated there

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March 1, 2007
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are half acre horse lots available to purchase but inexpensive tracts of land with large lots no longer exist. He encouraged adoption of the plan.

Council Member Bunker suggested that Mr. Raines show the map to Mr. Gooch so he could see why preserving contiguous parcels of agricultural land was not possible.

Mr. Raines replied that he did not have the authority to disclose the names of the people who had hired him, but if Mr. Gooch wanted to see the map he would show it to him after the meeting.

An unidentified man commented that the ? acre horse property still available as referred to by Mr. Raines is still available because no one wants lots that small for horses.

Ray Cox, a realtor, explained that his parents own 125 acres in Little Valley, and he applauded the Mayor and Council for their forward thinking. He stated that designating contiguous agricultural land would create new areas that would border agricultural land and would not solve anything. The market will tell the developers over time what is needed. At this point affordable housing is a pressing need in the community. He encouraged adoption of the plan and commented that even if the plan passes, it would not stop developers from creating large lots if the market asks for them.

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

Council Member Gardner commented that at one time Mike McGregor was in favor of clustering, and he inquired of Mr. McGregor why he now opposed it.

Mike McGregor replied that as set forth, the plan allows for thousands of acres of small lots. He stated that while he did not object to the property being developed, he wanted to see some heritage preserved. The City does not invest in the equestrian lifestyle, but it does in golf courses. If the City were to poll the property owners in the Little Valley area, it would find that a majority of them have no intention of developing.

Council Member Gardner requested further clarification of the proposed buffer zones, using the Seegmiller property as an example.

Community Development Director Bob Nicholson replied that the Seegmiller piece is now a feed lot and is not an agricultural subdivision with people living in it. The buffer concept applies primarily to existing or future agricultural-type subdivisions. It is site specific and is more of a zoning decision.

City Manager Gary Esplin commented that the issue is the general plan concept, and not specific zoning. The City can decide on the buffer with each specific zone change.

Community Development Director Bob Nicholson explained that when the City conducted its survey, the Child property was abandoned. If animals are now located on the property, the buffer will be a zoning decision made when someone develops adjacent to that property. With regard to the size of lots allowed, the City has never had a provision for 1,000 sq. ft. lots. There is a provision in the TND for lots as small as 3,200 sq. ft., but design standards and amenities are also required.

City Manager Gary Esplin explained that a TND allows different size lots in the same neighborhood to meet different needs, but they are required to have extra open space and parks, etc.

Council Member Allen commented that just because the density is being increased, this does not mean that every acre developed in Little Valley will have that kind of density.

Paul Iverson inquired who would have preference if a development located within 50' of his barn - his use or the new development.

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March 1, 2007
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Mayor McArthur replied that the City would protect the existing use, which in this case would be agriculture.

City Manager Gary Esplin commented that the City is trying to protect the agricultural uses and under the proposed master plan they would be protected.

Council Member Gardner commented that the Washington County Water Conservancy District is concerned that a lot of water rights will be lost when agricultural property is developed.

City Manager Gary Esplin replied that these water rights could be used for a secondary water system.

Council Member Gardner commented that as Little Valley develops, it is important that enough open space and large lots be retained so that the opportunity to use the water and surface and underground rights are not jeopardized.

Mayor McArthur commented that the City?s policies in this regard might need to be more specific.

City Attorney Shawn Guzman commented that they would be implemented by ordinance.

Council Member Gardner commented that the agricultural subdivisions currently in existence will be protected, and if someone wants another agricultural subdivision, they can put one in. There is still an opportunity to create another Bridle Gate Estates, and this option is not being eliminated.

Community Development Director Bob Nicholson commented that the intent is a concept, and none of the lines on the proposed plan are intended to be drawn along property lines.

City Manager Gary Esplin clarified that nothing was being zoned. The proposed general plan simply indicates that a TND can go in the overlay area of the master plan if it meets specific standards and guidelines. A project can also come in as a five acre lot subdivision or a one acre lot subdivision - all are permitted uses under the proposed master plan.

Community Development Director Bob Nicholson commented that it was hard to be specific in hypothetical situations, but the plan presents the City?s general intent, recognizing that agricultural property should be buffered.

MOTION: A motion was made by Council Member Orton to amend the general plan by ordinance.
SECOND: The motion was seconded by Council Member Bunker.
VOTE: Mayor McArthur called for a roll call vote, as follows:

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

The vote was unanimous and the motion carried.

APPROVAL OF MINUTES:
Consider approval of the minutes of the City Council work meeting held February 8, 2007.

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

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March 1, 2007
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SECOND: The motion was seconded by Council Member Bunker.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

Consider approval of the minutes of the regular City Council meeting held February 15, 2007.

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

ADJOURN TO EXECUTIVE SESSION:
MOTION: A motion was made by Council Member Whatcott to discuss property acquisition and possible litigation issues.
SECOND: The motion was seconded by Council Member Bunker.
VOTE: Mayor McArthur called for a roll call vote, as follows:

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

The vote was unanimous and the motion carried.

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

Council Member Whatcott was excused from the meeting.

MISCELLANEOUS DISCUSSIONS:
A brief discussion was held with regard to the Royce Jones rentals and imminent evictions, a request for a police citizens? review board, the Rick Arial lot split, an update on interviews for the architect for the new airport terminal building, and the need for a new appointment to the Dixie Care and Share Board.

The meeting then adjourned.



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Gay Cragun, City Recorder