City Council Minutes

Thursday, April 19,2007



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
APRIL 19, 2007, 4:00 P.M.
CITY COUNCIL CHAMBERS

PRESENT:
Mayor Daniel McArthur
Council Member Bob Whatoctt
Council Member Larry Gardner
Council Member Gail Bunker
Council Member Suzanne Allem
City Manager Gary Esplin
City Attorney Shawn Guzman
City Recorder Gay Cragun

EXCUSED:
Council Member Rod Orton

OPENING:
Mayor McArthur called the meeting to order and welcomed all in attendance. The flag ceremony was presented by Scout Troop 1786, and the invocation was offered by Bob Whatcott. Mayor McArthur then invited all Scouts in the audience to introduce themselves.
He excused Council Member Orton, who was out of town.

Mayor McArthur read a proclamation proclaiming May 6-12 as Youth Week. The proclamation was accepted by a member of the Elks organization.

Mayor McArthur read a proclamation proclaiming April 24 as Equal Pay Day. The proclamation was accepted by members of the Business and Professional Women organization.

City employee Dawn Eide-Albrecht and P.A.W.S. representation, Sarah Postly, advised that the City is co-sponsoring an event with P.A.W.S. on April 28. The event is the Tails on Trails Dog Walk at Tonaquint Park. P.A.W.S. is also planning to produce a calendar to raise money and would like to feature pictures of the Mayor and City Council with their pets or rescued pets.

Mayor McArthur announced that the Kite Festival would be held this weekend at Sun River.

Support Services Manager Marc Mortensen announced that Don?t Waste Dixie Days would be held this Saturday and next. The City is placing dumpsters throughout the City and assisting with clean-up. A large clean-up is being planned by the LDS Stake in the Dixie Downs area.

TABLED ITEMS:
Mayor McArthur announced that item 6C, a presentation from the Southwest Utah Health Department regarding a smoking ban in public places, was tabled from the agenda. City Manager Gary Esplin advised that item 2C, to consider award of bid for the Virgin River Trail Phase III reconstruction project, was tabled from the agenda.

CONSENT CALENDAR:
Consider approval of the financial report for March, 2007.

City Manager Gary Esplin advised that this financial report is for the first nine months of the fiscal year, and the City is in good financial shape.

Council Member Bunker inquired where additional income will come from in the transfer fund for recreation bond projects.

Mr. Esplin replied that the City refinanced bonds this year to a lower interest rate which will allow it to recapture some savings to put back into the fund.

Council Member Whatcott complimented Mr. Esplin for maximizing every dollar in the budget.

MOTION: A motion was made by Council Member Gardner to approve the financial report as presented.
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Page Two

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

AWARD OF AGREEMENT:
Consider approval of an amendment to the Winston & Associates contract to design and engineer Willow Run Park and road improvements.

City Manager Gary Esplin suggested that an amendment be made to what the City agreed to do. The amendment will allow the City to complete the adjacent street and curb for this section of Dixie Drive as part of the park improvement project. The amount of the amendment is $63,468.

MOTION: A motion was made by Council Member Gardner to approve the amendment in the amount of $63,468.
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 professional design services for The Fields at Little Valley Phase II.

City Manager Gary Esplin explained this bid was for property to the west of the softball complex. The bid is to design the park and some soccer fields.

Leisure Services Director Kent Perkins explained that proposals were received from five firms. Staff recommends award of the bid to Stantec in an amount not to exceed $227,350. Stantec?s bid was not the lowest, but they have experience with large facilities of a similar nature and have designed over 90 parks. They have a large team of consultants and can meet the City?s schedule. Staff checked their references and they received high marks. They will use Rosenberg Associates as a sub-consultant.

Council Member Allen inquired when the neighbors would have a chance to provide input.

Mr. Perkins replied that as soon as Stantec is given the notice of award, they will notify the neighbors and hopefully a meeting will be scheduled within 10 days.

City Manager Gary Esplin advised that the City?s goal in the first phase was to meet the City?s needs and handle its own soccer programs. These fields will allow the City to take the soccer fields off Bluff Street which is a neighborhood park and not a soccer complex.

Mr. Perkins advised that the fields will be multi-purpose fields and used for flag football also.

Mr. Esplin advised that all scheduled soccer games will be moved off the Bluff Street park, and the emphasis will be on the new facility.

MOTION: A motion was made by Council Member Gardner to award the bid to Stantec in the amount of $227,350.
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 the Virgin River Trail Phase III reconstruction project.

This item was tabled.

AWARD OF BID:
Consider award of bid for the Foster Hills underground drain project.

Purchasing Manager Connie Hood recommended award of the bid to Red Rock Contractors in the amount of $138,748.94.

MOTION: A motion was made by Council Member Bunker to award the bid to Red Rock Contractors in the amount of $138,748.94.
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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 commented that Red Rock?s bid was significantly less than the others. He inquired if staff was concerned with the bid.

Steve Perry advised he checked Red Rock?s references and received several good ones.

Council Member Gardner inquired if anything was missed in the bid.

Mr. Perry replied that the City requires a performance bond.

AWARD OF AGREEMENT (continued):
Consider approval of an amendment to the Winston & Associates contract to design and engineer Willow Run Park and road improvements.

City Manager Gary Esplin advised that the total contract awarded was for the entire park is $63,000, but $14,200 is the portion of contract attributable to the curb and gutter.

MOTION: A motion was made by Council Member Gardner to accept this clarification.
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 AGREEMENT:
Consider approval of an agreement with Horrocks Engineering to update the traffic model for the Little Valley area.

Purchasing Manager Connie Hood recommended award of the agreement to Horrocks Engineering in the amount of $15,000.

City Manager Gary Esplin explained that since the master plan has been changed for this large area and there is the possibility of increased traffic, it would be good to have the road master plan reviewed for long range planning.

Traffic Engineer Aron Baker explained that the traffic model horizon is to 2030.

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

AWARD OF AGREEMENT:
Consider approval of an agreement with PBS&J for design services at the replacement airport.

Purchasing Manager Connie Hood explained that the amount of the agreement with PBS&J is in the amount of $191,397.45.

Airport Manager Mike LaPier explained that the total contract is for $3,000,000+ for the entire design and construction services for the airfield, grading and drainage for the entire site. The notice to proceed will be issued as soon as the agreement is approved, and the design for grading and drainage should begin this fall.

Chris with PBS&J advised that the first package will go to bid in August for overall site grading. The paving package will go to bid around the first of the year.

MOTION: A motion was made by Council Member Gardner to approve the agreement.
SECOND: The motion was seconded by Council Member Whatcott.

Mr. LaPier clarified that the total contract cost of $3,827,000 did not include construction services and is for design services only. 95% of the cost is reimburseable from the federal government. The City?s match is 5%.


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Page Four

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

RESOLUTION:
Consider approval of a resolution declaring the official intent of the City of St. George, Washington County, Utah to reimburse itself for certain capital expenditures related to financing the expansion, construction and improvement to the City?s roadway systems; it is the intent of the City to use its revenue bonding capacity to reimburse itself for said improvements.

City Manager Gary Esplin explained that if the City wants to get reimbursed for projects for which it has bonded, a resolution is needed. The bond will be used for the secondary road at the Dixie Center, the Mall Drive bridge, and for the City?s portion of the southern corridor. The City may incur some costs before the bonds are in place, and this resolution will allow the City to recover its costs.

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

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

The vote was unanimous and the motion carried.

RESOLUTION:
Consider approval of a resolution authorizing condemnation of property located at 23 North 200 West.

City Manager Gary Esplin explained that condemnation action is needed for property to be used as part of the new courthouse project. The City unsuccessfully tried to purchase the property.

Council Member Gardner inquired if there was a debate on the value of the property.

Mr. Esplin replied that the State of Utah is paying for the property. The City made an offer based on appraisals, but the values are so different the matter cannot be resolved. The property was listed for sale when the City began negotiations.

City Attorney Shawn Guzman advised that he would continue to work with the property owners, but in order to stay on schedule for the new courthouse, the condemnation must be done now. West Elementary will continue to function until December of this year. It will then move to the new school and the State will take over ownership of the property and demolish the structures. There is a 15 month construction period for the new courthouse.

Council Member Allen inquired if the property owners would be offered appraisal value.

City Manager Gary Esplin replied that the City is required to obtain an appraisal and deposit with the court equivalent funds. If the court determines the value is higher, the City will have to pay the higher value.

Council Member Gardner commented that in the past the City has only used condemnation to facilitate a tax benefit at the request of the property owner.

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

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

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April 19, 2007
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The vote was unanimous and the motion carried.

Council Member Gardner commented that if the property owner did not want to sell his or her property, that would be an entirely different matter. This condemnation appears to be over price alone and is just a way to resolve the matter.

RESOLUTION:
Consider approval of a resolution authorizing condemnation of property located at 212 West Tabernacle Street.

City Manager Gary Esplin advised that this property is also needed for the new courthouse.

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

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

The vote was unanimous and the motion carried.


City Manager Gary Esplin clarified that the two properties are somehow intertwined as the City has been negotiating with the same property owner for both pieces, but ownership records indicate two different owners.

PUBLIC HEARING/PRELIMINARY PLAT:
Public hearing to consider approval of a preliminary plat for The Estates at Hidden Valley Phases 3 and 4 located east of the southeastern terminus of Barcelona Drive. Ivory Homes, applicant.

Planner John Willis explained that the plat contains 50.19 acres with open space and a park. It is part of the Hidden Valley PD. He advised that staff recommends approval subject to PD standards and that walls and street trees be complied with. The Planning Commission recommends approval.

Council Member Bunker inquired about the community park timeline.

Colin Wright, representing Ivory Homes, advised that the park would be the first thing built, and he hoped to begin construction within 60 days. He explained the park would have a wild west theme with a splash pad.

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

MOTION: A motion was made by Council Member Gardner to approve the preliminary plat.
SECOND: The motion was seconded by Council Member 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 a preliminary plat for The Flats at South Pointe located on 450 North at 2750 East. Linda Kirkpatrick, applicant.

Jay Sandberg explained that the project consists of 94 townhome units located in the easterly part of St. George south of Pine View High School adjacent to the Desert Rose Apartments and Springtree Apartments. The plat consists of 7.6 acres with an overall density of 13.3 units per acre. The Planning Commission recommends approval subject to the 450 North Street connection and a development agreement completed with the approval of the subdivision improvement drawings, and participation in the cost (16%) of a traffic signal at 450 North and 3050 East. A traffic study was completed for the project.

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At the Planning Commission meeting there was a lot of discussion about connecting 450 North to 2450 East and also connecting the side streets. This development will connect 2720 East, but it was also the recommendation to connect 2750 East. Staff has contacted the applicant to propose that the City build the two center lanes. She had indicated her concern that this would cut off her property to the north and make it harder to work with construction equipment. She also no longer owns the property to the north. The Planning Commission felt strongly that 450 North needed to be connected due to the concern of the neighborhood.

City Attorney Shawn Guzman clarified that the traffic engineer says that the impact to adjacent streets cannot be taken into account.

Traffic Engineer Aron Baker commented that the developer, Linda Kirkpatrick, has been working in this area for 14 years, and up until last year she had not met the threshhold. There are impacts and traffic, and the streets have not caught up with development. Neighbors are concerned with how this affects their neighborhood. The traffic impact study looked at the development on the table, which is a 94 unit residential development, and the traffic it would create. The recommendation is for Linda to contribute to the signal. The scope of work was not to see how many trips would go into the south neighborhood, and the traffic study did not address this. This project is on the lower edge of requiring a traffic study, but because there are issues with circulation, one was requested. This project generates 550 trips per day which is a small impact. The purpose of the report was to identify traffic to the north, west and east, not to the south. He stated he agreed with Ms. Kirkpatrick?s traffic engineer that there would not be a significant number of vehicles during an hour which would trickle down. However, because of the concern of the neighborhood, the City performed a traffic count and speed studies on 350 North specifically, and there is a higher number of cars there than on other 50' roads due to the fact that there is not a good collector road in the area. 450 North is a collector and it should be connected, whether the traffic impact study says so or not, as it is a circulation issue.

City Manager Gary Esplin commented that most of the houses built in this area have been built by one developer. He inquired if all the traffic in this area could not be looked at as a whole, rather than just the 94 unit project.

Mr. Baker replied that this project has been planned for a long time before a traffic impact study was needed and has been built in small phases. In this case all the homes will have an effect on 450 North.

Mayor McArthur commented that the roads in this area are not used just by local residents, but by the entire City. At some point in time the City must say that 450 North is needed.

City Attorney Shawn Guzman inquired of Mr. Baker if this traffic study adequately addressed impacts on roads to the south.

Mr. Baker replied that the purpose of the traffic study was not to evaluate how existing and cross-traffic issues would be impacted by this development.

City Attorney Shawn Guzman inquired of Mr. Baker if he felt a traffic study was needed to address these issues.

Mr. Baker replied that yes, one should be done. However, it would be a simpler matter to finish 450 North.

Mayor McArthur commented that the last time this matter was before the City Council Ms. Kirkpatrick owned all the property. He inquired if this ownership had changed.

Jay Sandberg replied that within the last few days there were some property transfers.

Jim Raines, Bush and Gudgell, commented that the traffic and circulation in the area is bigger than Ms. Kirkpatrick?s developments. She only purchases the property in phases. When she doesn?t own the property, she purchases the portion needed for the current plat only. It is not feasible for a 94 unit project to solve traffic problems for everyone. There is no debate as to the number of cars counted in the traffic count, but not any one

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development has created the circulation problems in this area. This is a problem created by the overall traffic needs of the City.

Jay Nelson, DMJM Engineering, representing the applicant, stated that he concurred with Aron Baker. The issues with high traffic counts on 2900 East are common problems existing in every city throughout the state. Local roads can accommodate 10,000 cars a day without problem, and when this number rises to 20,000 cars a day, alternatives must be created. Ms. Kirkpatrick?s 94 unit development is expected to generate 40 trips in the busiest hour in the morning and 50 trips in the busiest hour in the afternoon. If someone stood for one minute in front of the two access points to the Flats, they would see one car drive by. Given the traffic volume, very few cars will go south. Even if 10% of all traffic went south, this is less than five cars per house. He stated that currently it is difficult to make a left turn from 450 North to 350 East, and he proposed striping a left turn lane, a through lane, and a right turn lane. Eventually this corner will have to be signalized. There is more than adequate circulation for the project as well as connectivity.

Council Member Gardner inquired about ownership of property to the north.

Jonathan Wright, representing the applicant, advised that at one time Ms. Kirkpatrick had the property under contract. City policy is that a developer pays for the road as development occurs, and she is doing that. She is helping take 450 North just that much further along so that the City does not have to do it, and she is taking care of the roads in front of her development.

Mayor McArthur inquired when Ms. Kirkpatrick?s name was removed from the property.

Jonathan Wright explained that she once had the property under contract, but when the property was purchased a strip was mistakenly left out of the legal description. Linda Kirkpatrick does not have any responsibility to build a road unless it fronts her development. The City can either build this road, or another developer can build it. 450 North is included in the City?s capital facilities plan so the City cannot force Ms. Kirkpatrick to build an off-premise road as this would be double taxation.

Mayor McArthur again inquired when Ms. Kirkpatrick?s name was removed from the property in question.

Ms. Kirkpatrick replied that the sale took place five to six weeks ago.

City Manager Gary Esplin advised that the City has a copy of the warranty deed and the property was deeded to the new owner on March 29. Further, on April 17 a deed was also done from Avalanche Investments to Marjo Company.

Jonathan Wright commented that a developer develops the frontage as he/she develops his or her property. The traffic study does not show that Ms. Kirkpatrick?s project warrants connection of 450 North Street. There are bigger problems in this area such as Costco and other commercial developments.

City Manager Gary Esplin replied that this is the reason the City is willing to participate in the cost of connecting 450 North Street. The traffic study looked at only her 94 units and not traffic circulation in the entire area. He suggested that the matter needed further review before approval of the plat.

Jonathan Wright advised that the City traffic engineers said the traffic study was fine and had no impact. If the City wants the remainder of 450 North built, it should negotiate with the developer of the property to the north or use impact fees and build it itself. To require Ms. Kirkpatrick to connect the road is an off-premise exaction. He stated that several options were available to the City: work with the new developer, condemn the property, or build the road with impact fees as it is on the City?s capital facilities plan.

Mayor McArthur commented that staff is recommending that no action be taken until further input is received. The traffic problem in this area is bigger than just Ms. Kirkpatrick?s development.


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April 19, 2007
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Council Member Gardner commented that in defense of the traffic impact study, the road meets the criteria, but where it falls short is in connectivity from east to west. The impact is not created by this development, and it appears that since the ownership has changed, the City cannot require Ms. Kirkpatrick to do anything beyond what our policy requires anyone else to do. The traffic engineer say that the cumulative numbers do not exceed the need for the road.

City Manager Gary Esplin inquired if this same philosophy would apply to The Lakes in Green Valley, and if it would be alright for them to option all the property but only build 45 homes at a time so they would not have to be responsible for arterial roads or accesses. There is an impact from Ms. Kirkpatrick?s project, whether she agrees or not, taking into account all the property developed in the area and its impact on 450 North. This issue should be a part of any traffic study.

Council Member Gardner commented that this was already studied and there are alternate access points.

Mr. Esplin replied that they were through another neighborhood not geared to handle the traffic.

Council Member Gardner commented that the traffic study indicates the roads are sufficient.

Jonathan Wright commented that Ms. Kirkpatrick tried to work through many development issues, but eventually it was not economically feasible for her to hang on to the property to the north, so she sold it. 450 North is not Ms. Kirkpatrick?s issue - it is City-wide. Ms. Kirkpatrick is improving 450 North to an adjacent intersection to allow another access. This is her contribution and anything beyond that is the City?s or the next property owner?s responsibility.

Council Member Whatcott commented that perhaps the problem lies with the City?s ordinances and requirements. If someone will change the ownership names of rental units to avoid paying a simple business license fee, perhaps someone would change ownership of 10-30 acres of ground to avoid traffic impact study issues. While each parcel stands alone, the traffic impact study should take into account the area as a whole.

Jonathan Wright replied that Ms. Kirkpatrick?s project has proper access.

Council Member Whatcott replied that the area as a whole has been developed by Ms. Kirkpatrick.

Jonathan Wright replied that the largest traffic generator in the area is Costco, not the homes.

Council Member Whatcott replied that if the City ordinance requires a traffic study for stand-alone projects only, then it would be foolhardy to think that ownership of property would not be changed to avoid this situation. All neighboring streets are being impacted, and the ordinance needs to be changed to require traffic studies to look at the whole area rather than just one project.

Council Member Gardner commented that the City has mandated traffic impact studies and required developers to live by the outcome of those studies. Many time the City has said the traffic impact study did not meet the needs of the City and it does what it wants despite what the traffic impact study says. The City would be well served if 450 North were built, and at this point the City needs to figure out how to do it.

Jonathan Wright commented that one fallacy of this reasoning is that the City assumes the same person would be paying the bill; the owners are completely different.

Council Member Whatcott commented that this is a timing issue.

Jonathan Wright commented that Ms. Kirkpatrick is not required to connect 450 North. This would be an unlawful exaction and cannot be required until the impact demands it.


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April 19, 2007
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City Attorney Shawn Guzman commented that if Ms. Kirkpatrick had come in to develop all the property she has in this area at the same time, the City would have looked at the total number of homes and required a traffic study, and she could very well have been required to connect 450 North.

Jonathan Wright replied that 450 North needs to be connected, but the City cannot demand that Ms. Kirkpatrick bear the cost to do it.

Jim Raines commented that all of Southpoint has 350 units, and Fox Cove and The Flats would be another 450 units. All of the homes in the area total 2000-3000, of which Ms. Kirkpatrick developed maybe 25%. If she came in with one big project in 1998 and did a traffic study, the counts at that time would have been significantly different. The system is flawed by looking at projects on a case by case basis. Mesquite City has a better method where it requires a fee and then the overall impact is looked at and a solution arrived at.

City Attorney Shawn Guzman commented that he wanted to hear from the traffic engineer again if his position is that the study did not adequately address the impact of traffic going south as part of this project.

Aron Baker explained that no trips in the study were designated to go south. If the City Council wants trips to the south to be looked at, or the entire area as a whole, then it should be done.

City Attorney Shawn Guzman inquired of Mr. Baker if the traffic impact to the south should be looked at before a decision is made.

Aron Baker replied that neither study was commissioned to look at impacts to the south. He stated that the impacts would not be much.

Council Member Gardner inquired why a study should be commissioned when the outcome is already known. He inquired why the City should pay for a study when it will not prove what the City wants and would be a waste of time and money.

Mayor McArthur opened the public hearing.

David Chase commented that since the last meeting, he met with the developer for two hours. The issue is now to the point where everyone needs to come to the table and play fairly. While some of the things that have transpired seem shady, it seems fair that Ms. Kirkpatrick develop her frontage only. The overall traffic impact is beyond just her development, and the City should bear the burden as well. He stated he hoped the issue could move forward as the portion the City will have to bear will be much less due to Ms. Kirkpatrick?s development. He stated he hoped the City would not wait as it now has an opportunity to solve the problem.

Ed Baca commented he felt the traffic issues should be considered prior to approving further development in this area.

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

City Manager Gary Esplin commented that he would defer to the experts. If the traffic engineer feels studying traffic to the south will make no difference, there is no need to study it. He stated his concern is with the process. If this project is approved it will set a precedent allowing every project to be broken down into minute parts thereby avoiding putting in improvements. The City is offering to pay so it is not an exaction. If a developer owns or controls property, then he or she is obligated to meet the master plan. This case is different because there have been many ownership changes and different players, making it difficult to figure out who is doing what.

Council Member Gardner commented that the City?s policy says that every piece of property helps pay for access points that serve it. The remainder of the property is still left with the burden of helping to pay for 450 North when built. The City has to decide if it wants to spend additional impact fees to connect 450 North. Perhaps the new property owners would be willing to work with the City. If the issue is stalled further, everyone loses. The

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best scenario is to approve the plat with the understanding that connectivity is being provided to 2720 East and 450 North will be built further, and there is opportunity for the new owners to develop 450 North.

Mayor McArthur suggested tabling the issue until the next meeting.

Council Member Gardner stated he felt there was a need to move forward.

Council Member Whatcott inquired if the City could delay Ms. Kirkpatrick?s project until 450 North was built.

City Attorney Shawn Guzman replied that according to both traffic engineers, the developer?s and the City?s, they do not believe the impact is great enough to warrant holding up the project.

Council Member Whatcott replied that the City?s engineering staff did not look at the big picture.

City Attorney Shawn Guzman replied that both engineers are saying that the impact from this particular development is negligible.

Council Member Whatcott inquired if the City?s hands were tied.

City Attorney Shawn Guzman replied that they were.

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

The motion died for lack of a second.

MOTION: A motion was made by Council Member Whatcott to table the issue for two weeks for purposes of further studying the City?s legal responsibility and allow engineering to obtain more information on what the City?s responsibilities and duties are.

Council Member Allen commented she would suggest adding that the City pursue an agreement for deeding of property for the 450 North connection by contacting the new property owner.

SECOND: The motion was seconded by Council Member Bunker.

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

Council Member Whatcott - aye
Council Member Bunker - aye
Council Member Allen - aye
Council Member Gardner - no

The motion carried.

Council Member Whatcott was excused from the meeting.

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

City Manager Gary Esplin stated that no problems in the past have arisen from these events. The Police Department has reviewed the application, and the Fire Department will review it before authorizing the event.

MOTION: A motion was made by Council Member Gardner to approve the special event permit.
SECOND: The motion was seconded by Council Member Bunker.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.
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SPECIAL EVENT PERMIT:
Consider approval of a request for a special event permit for a parking lot tent sale. Furniture Row, applicant.

City Manager Gary Esplin advised that the sale will take place April 18 through May 8.
There have been no issues with past sales.

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


PRESENTATION RE SMOKING BAN:
Presentation from the Southwest Utah Health Department regarding a smoking ban in public places.

This item was tabled.

REPORT FROM PLANNING COMMISSION MEETING:
Report from the Planning Commission meeting held April 10, 2007.

Community Development Director Bob Nicholson explained that the Planning Commission scheduled a public hearing before the City Council on May 3, 2006 to consider an amendment to the City?s General Plan for the area referred to as the South Block.

FINAL PLAT:
Community Development Director Bob Nicholson advised that the Planning Commission recommended approval of the final plat for Southgate Townhomes, a 65 unit townhome subdivision, located on 2025 South Circle east of Mirage Estates and south of Atria Assisted Living.

MOTION: A motion was made by Council Member Allen to approve the final plat.
SECOND: The motion was seconded by Council Member Gardner.

Rob Reid of Rosenberg Associates explained that the main transmission lines will remain in place, but some smaller distribution lines that feed the billboard will be relocated to underground.

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

Mayor McArthur announced that since there were only three Council Members present, all motions would have to be unanimous in order for an item to be approved.

HILLSIDE DEVELOPMENT PERMIT:
Planner Ray Snyder advised that the Planning Commission recommended approval of a hillside development permit for The Estates Phases 3 and 4 subject to the recommendations of the Hillside Review Board: that Ivory Homes stake the cut to be at 1:1 and round off, and to work with the geotechnical engineer.

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

HILLSIDE DEVELOPMENT PERMIT:
Planner Ray Snyder advised that the Planning Commission recommended approval of a hillside development permit for Primrose Pointe Phase 2 located off Mall Drive. This permit affects two lots - Lots 13 and 14. The Planning Commission recommends approval subject to the recommendations of the Hillside Review Board: (1) drainage shall be installed on Lots 13 and 14; (2) no encroachment shall occur upon the UAMPS power easement; and (3) for aesthetics rock facing may occur.

St. George City Council Minutes
April 19, 2007
Page Twelve

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

HILLSIDE DEVELOPMENT PERMIT:
Planner Ray Snyder advised that the Planning Commission recommended approval of a hillside development permit for Milepost 2 subject to the recommendations of the Hillside Review Board: the northeast portion as highlighted on the plan dated 3/21/07 not exceed a maximum of a 20 foot cut.

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

HILLSIDE DEVELOPMENT PERMIT:
Planner Ray Snyder advised that the Planning Commission recommended approval of a hillside development permit for Quail Point Subdivision subject to the recommendations of the Hillside Review Board: the final plat will show the pads and rock walls that will be built, and all walls need to meet the hillside and rockery wall ordinance.

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

LOT SPLIT:
Consider approval of a request for a lot split for property located at 590 North 260 West Circle. Rick Arial, applicant.

Planner Ray Snyder explained that this item is an appeal from a Planning Commission decision to deny a lot split request from Rick Arial for property located at 590 North 260 West Circle. The zoning is R-1-8. The property contains a community pool and has 13 shareholders. Traffic and access are major issues. The applicant has provided a letter from Creamer & Noble Engineers addressing concerns of the Planning Commission with regard to the width of the flag lot stem and the existing driveway. The neighbors have expressed concern about traffic to the pool in the summer. The right-of-way for the driveway is 20'. The actual area paved will be increased to 16'.

Bette Arial, applicant, explained that the pool agreement states that the only vehicular access is for pool maintenance. However, other vehicles have been using this access. The lot split will not create a huge increase in this traffic. The adjacent church parking lot was being used for parking, but now parking is in the culdesac, as stated in the agreement.

Steve Layton, Creamer & Noble Engineers, advised that the Planning Commission denied the Arials? request based upon concerns of vehicular and pedestrian safety. Mr. Nobis expressed concern that the Arials would not have enough property to develop because of the hillside. The Arials have made a good faith effort to address these concerns. The flag lot stem is plated and recorded. There is a 20' driveway access, which is currently 14' wide. There are steep cut slopes on either side of the driveway. The Arials propose to widen the driveway and install a curb wall along the south side. On the north side they will install a handrail to create a pedestrian pathway and separate the pedestrians from the traffic. With regard to the amount of land available to build on, there is 21,654 sq. ft. of buildable land. He requested approval as originally applied for and making the safety requirements a prerequisite for any building permit.

Mayor McArthur inquired if there was access to the site to the east around the church parking lot.

Mr. Layton replied that the Arials have tried to purchase ground from the church for access to the property, but the church terminated negotiations.


St. George City Council Minutes
April 19, 2007
Page Thirteen

Uldene Norton commented that all the neighbors most impacted by this proposal have signed a petition opposing it. Her personal concern is the flag lot with a 15'-16' wide driveway. The dirt from the driveway falls into their yard. She also expressed concern with safety and if a fire engine could access the property. She stated there was recently a fire on her street, and she hoped this would be addressed as part of the building permit. She also inquired about access to the sewer, as the access would likely be through her yard. She requested denial.

Planner Ray Snyder advised that prior to construction the JUC will require a utility plan.

Mr. Layton clarified that the curb wall would be 2' high.

Mayor McArthur advised Mrs. Norton that the sewer could not be brought across their property unless there were already a sewer line easement. This would also be addressed at the time of the building permit.

Floyd Helm advised that access to the site could be obtained from a private property owner to the east, and this would solve everyone?s concerns. He expressed concern for the safety of children in the area. He stated that during the recent fire, the fire trucks could not get water up to the house that was burning. The only fire hydrant in the area is located in front of his home which is a long way from the property in question.

Council Member Allen suggested that a development agreement could be entered into so that no building permit could be issued until the issues are worked out.

Mr. Helm stated he thought ingress and egress had to be 25' wide.

Planner Ray Snyder replied that the staff portion width shall be 25'. The applicant is asking for an exception to 20' because of unusual topographical conditions.

City Attorney Shawn Guzman inquired if the Planning Commission addressed the width.

Mr. Snyder replied that the Planning Commission only asked how wide it physically was. They did not seem to have an issue with the 20' vs 25' stem.

Council Member Bunker commented that the Planning Commission?s concern was there was only 14' of useable space for the driveway. There was no problem with the 20' staff width.

Mr. Helm commented that approval of this request would set a precedent in this area and there are many in the area who would qualify for another 8,000 sq. ft. lot. He stated that a handrail may help pedestrian safety, but it would hinder a fire truck from accessing the property.

City Attorney Shawn Guzman advised that a condition of approval could be that a fire hydrant be located on site.

Council Member Allen commented that the lack of fire hydrants should be looked at for the entire area.

Fire Chief Robert Stoker advised that fire code requires a 20' unimpeded, all weather surface access. The handrail could not be located as proposed. Fire code also requires a 150' turnaround. The lack of hydrants is another issue, as well as the lack of pressure in the whole area. He stated that due to the topography of the area, he doubted he could fight a fire at the proposed site from the church parking lot. The fire code gives options for a turnaround, such as a hammerhead or Y.

Uldene Norton advised that the applicant only owns 20'. She inquired where the 5' walkway would come from.

Steve Layton clarified that the property suggested by Mr. Helm for access is owned by the church, and not a private property owner.

Mr. Helm stated he differed with Mr. Layton?s opinion.

St. George City Council Minutes
April 19, 2007
Page Fourteen

Council Member Allen advised that in this entire area there are many discrepancies with regard to lot lines.

Bette Arial commented that she was baffled why the neighbors were concerned. She stated they have lived in their home since 1991 and there have been only two fires. With one the fire truck backed out, and the other was fought from the church parking lot. She advised that the reason the driveway is not paved is because it is a utility easement.

Rick Arial commented that the City Council should allow a grandfathering or make an exception to the fire code. He stated that this was a private property issue and there was enough buildable land, and if he had to he could make a mini-culdesac for a turnaround.

Fire Chief Robert Stoker advised that the 20' access has been in the fire code for years and is not new. If a fire truck has to back up, it will, but he tries to make sure that all new development meets code. There are a lot of narrow driveways in this area, and the fire department will do what it has to to access a fire. These issues will be addressed in JUC, as well as where to put a hydrant.

Council Member Bunker expressed concern that if there was an emergency at the swimming pool, a 15' wide driveway could become a disaster.

Council Member Gardner suggested the use of pavers for the driveway instead of cement.

Council Member Bunker commented that adding another family with teenagers could create quite a bit of traffic on the driveway.

Council Member Gardner commented that the property in question is being held hostage
by use of the neighbors. The Arials are the ones who have been impacted by the access, and they have been cooperative. He stated he had no problem with the use of pavers for the driveway and taking 8" off the south side and putting in a stem wall for the Nortons? sake. He stated it seemed like the lot split could work if the neighborhood issues could be addressed. Engineering staff will need to decide if another fire hydrant is needed. He stated that from a logistical standpoint, the lot split should work.

MOTION: A motion was made by Council Member Gardner to approve the lot split.
SECOND: The motion was seconded by Council Member Allen.

Council Member Bunker commented that she could vote in favor of the motion if a development agreement is required before any building permit is issued, or at the same time as issuance of the building permit.

AMENDED MOTION: Council Members Gardner and Allen agreed to add this condition to their motion.

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

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

Planner Ray Snyder explained that the vertical walls of the proposed garage are 12'6". The zone is R-1-10. An adjacent neighbor is concerned with the height. The Planning Commission recommended approval subject to the garage not exceeding 18' in height.

Todd Watts, applicant, explained that the large pine trees between his property and the neighbor would remain in place. Their view is already obscured, however they would still have a view to the southwest. Before he began this process he contacted them and they had no opposition to it - it was only when they came to the Planning Commission meeting that they expressed opposition.

Mr. Snyder advised that notices to were sent to neighbors that this item was being heard at this time before the City Council.

St. George City Council Minutes
April 19, 2007
Page Fifteen

MOTION: A motion was made by Council Member Gardner to approve the conditional use permit to a height of 18'.
SECOND: The motion was seconded by Council Member Bunker.
VOTE: Mayor McArthur called for votes, and all voted aye. The motion carried.

APPROVAL OF MINUTES:
Consider approval of the minutes of the City Council work meeting held March 29, 2007.

MOTION: A motion was made by Council Member Gardner 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.

PUBLIC COMMENT:
Floyd Helm inquired whom he should speak to about selection of a statue for the roundabout at Hope and Main. He was advised to speak to Leisure Services Director Kent Perkins to be scheduled on a Main Street Committee agenda.

Council Member Gardner requested that a speed indicator be positioned on 700 South at 100 East.

ADJOURN:
MOTION: A motion to adjourn 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.

The meeting adjourned at 8:00 p.m.



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Gay Cragun, City Recorder