City Council Minutes

Thursday, January 10,2008



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
JANUARY 10, 2008, 4:00 P.M.
CITY COUNCIL CHAMBERS

PRESENT:
Mayor Daniel McArthur
Council Member Jon Pike
Council Member Gail Bunker
Council Member Suzanne Allen
Council Member Gloria Shakespeare
Council Member Gil Almquist
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, especially the new City Council Members. The pledge of allegiance was led by Council Member Gil Almquist, and the invocation was offered by Pastor Jimi Kestin.

Vonda Larson, Chair of Heritage Days, distributed a handout to the Mayor and City Council and reviewed the activities during Heritage Days.

Mayor McArthur invited new City Council Members to introduce their families.

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

AWARD OF BID: Consider approval of the Southgate 16" reuse line.

Purchasing Manager Connie Hood explained the line will run from 600 West to the intersection with 1700 South. There were 12 bidders. She recommended award of the bid to the low bidder, Precision Excavating, in the amount of $455,981.85. The amount is well underneath the engineer?s estimate of $473,000.

MOTION: A motion was made by Council Member Allen to award the bid as recommended.
SECOND: The motion was seconded by Council Member Almquist.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

City Manager Gary Esplin explained this project will allow the movement of irrigation water from the west side to the east side of the community.

AWARD OF BID:
Consider award of bid for a 1500 GPM pumper truck for the Fire Department.

Purchasing Manager Connie Hood explained that bid requests were sent to three suppliers, but only one bid was received. She recommended award of the bid to Pierce Manufacturing in the amount of $516,251.

City Manager Gary Esplin commented that $480,000 has been set aside for this purchase. The increased cost is due to a new federal law with regard to diesel engines. Staff will try to cut costs by prepaying and pay as it is built.

Fire Chief Robert Stoker advised that the new emission standards for diesels did not go into effect until after the bid and will cost an additional $25,000-$30,000. The design of this truck is different than normal engines. The local dealer for Pierce products is Ross Equipment and the City has enjoyed great service after the sale using them. He advised that the oldest truck still in use in the City was built in 1960. The new truck will be located at the 1000 East station.

City Manager Gary Esplin commented that capital projects funds will be allocated for any cost over the budgeted amount.

Chief Stoker advised that delivery of the truck will be made in eight to nine months.


MOTION: A motion was made by Council Member Bunker to award the bid as recommended.
SECOND: The motion was seconded by Council Member Pike.

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

AWARD OF BID:
Consider award of bid for loose equipment for the Fire Department.

Purchasing Manager Connie Hood advised requests for bids were sent to three suppliers and two bids were received. She recommended award of the bid to LN Curtis in the amount of $99,843.

Fire Chief Robert Stoker explained that all fire equipment has to meet national fire protection standards. He advised $17,000 worth of equipment was able to be eliminated in order to get the bid under budget. The truck and equipment are bid separately in order to obtain better value.

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

APPROVAL OF CHANGE ORDER:
Consider approval of a change order to an existing blanket P.O. with Codale Electric for pad mounted switchgear.

Purchasing Manager Connie Hood recommended approval of a $60,000 change order under the original blanket contract with Codale Electric.

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

APPROVAL OF LEASE:
Consider approval of a lease with Intermountain Golf Cars for 162 electric golf carts for the Red Hills, Southgate, and St. George Golf Club golf courses.

Purchasing Manager Connie Hood recommended approval of a lease with Intermountain Golf Cars in the amount of $566,457.30.

Development Services Director Matt Loo explained that the yearly trade-in value is more if traded in after four years rather than five and pays for the first year?s lease.

City Manager Gary Esplin commented that Sunbrook?s carts are on a different rotation schedule.

Mr. Loo commented that the cost of the first year?s lease will be $113,000.

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

APPROVAL OF CHANGE ORDER:
Consider approval of a change order to the contract to install a sewer line from the south end of Sugar Leo to the Sun River lift station.

Purchasing Manager Connie Hood recommended approval of a change order in the amount of $37,350 with Tri- West.

Mayor McArthur commented this new line will allow the removal of the pump station at the end of Sugar Leo in Bloomington.

City Manager Gary Esplin advised that the development agreement with Las Colinas requires that the manhole covers be made of a different material, resulting in the increased cost which they will pay.

MOTION: A motion was made by Council Member Pike to approve the change order.
SECOND: The motion was seconded by Council Member Bunker.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.
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AWARD OF BID:
Consider award of bid for four 2007 Harley Davidson motorcycles for the Police Department.

Purchasing Manager Connie Hood recommended purchase of the motorcycles through the state contract with Harley Davidson of Salt Lake City in the amount of $27,580. This amount includes the trade-in allowance.

Council Member Allen inquired if local vendors had the opportunity to bid.

Ms. Hood replied that local vendors have the opportunity to bid.

MOTION: A motion was made by Council Member Allen to award the bid as recommended.
SECOND: The motion was seconded by Council Member Almquist.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

AWARD OF BID:
Consider award of bid for a handicap ramp project.

Purchasing Manager Connie Hood recommended award of the bid to the lowest responsive bidder, AJ Construction, in the amount of $52,950. There was one lower bid but a bid bond was not included so it could not be considered. The bid is under the engineer?s estimate of $62,000.

Steve Perry advised that the contract is for 13 ramps.

City Manager Gary Esplin explained the project includes construction of new ramps and upgrades to existing ramps.

MOTION: A motion was made by Council Member Allen to award the bid as recommended.
SECOND: The motion was seconded by Council Member Pike.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

Council Member Allen inquired about the procedure to report damaged ramps.

Public Works Director Larry Bulloch replied that the Streets Department should be notified of the locations.

AWARD OF BID:
Consider award of bid for a power control enclosure for the Green Valley substation.

Purchasing Manager Connie Hood recommended award of the bid to the low bidder, Rigid/Five Star in the amount of $85,958.

Council Member Bunker inquired if the City has worked previously with this company and why the delivery was slower.

Energy Services Director Phil Solomon replied that the City has not worked with them before, but staff members have had experience with them. The item is critical and staff feels they can live with the delivery date.

MOTION: A motion was made by Council Member Pike to award the bid as recommended.
SECOND: The motion was seconded by Council Member Almquist.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

APPROVAL OF CHANGE ORDER:
Consider approval of a change order for plan review services.

Purchasing Manager Connie Hood explained staff has requested that the blanket contract with Wildan be increased by $50,000 and the contract with Sunrise be increased by $70,000 for the balance of the year, for a total blanket of $180,000, for commercial plan review.

City Manager Gary Esplin explained that commercial development is down, but not as much as residential development. The total amount of the blanket order may or may not be spent

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and is based on the previous year?s actual cost. This cost does not come out of the City?s budget but is paid for by developers as plan check fees. The City does not have staff in-house to perform this service.

Development Services Director Matt Loo explained that the City has tried to recruit staff to perform this service, but there has been no response because of the compensation.

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

AWARD OF BID:
Consider award of bid for the Green Valley substation construction project.

Purchasing Manager Connie Hood recommended award of the bid to the low bidder, Energy Erectors, in the amount of $1,624,240.

Energy Services Director Phil Solomon explained there are currently three contractors working on construction of the line. Two of the three were looking at bidding but could not allocate enough resources to do both projects in the time frame required.

Council Member Almquist inquired if this project is part of the cooperative line linking the City with Dixie REA.

Mr. Solomon replied that it is.

MOTION: A motion was made by Council Member Almquist to award the bid as recommended.
SECOND: The motion was seconded by Council Member Pike.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

AWARD OF BID:
Consider award of bid for a one ton Ford truck for the Energy Services Department.

Purchasing Manager Connie Hood recommended award of the bid to the low bidder, Ken Garff Ford, in the amount of $29,279.69.

Council Member Allen inquired why the state contract was not used.

Ms. Hood replied that staff chose not to use it but to send it to all Ford dealerships. The local Ford dealership did not submit a bid.

MOTION: A motion was made by Council Member Pike to award the bid as recommended.
SECOND: The motion was seconded by Council Member Shakespeare.
VOTE: Mayor McArthur called for a vote and all voted aye. The motion carried.

AWARD OF BID:
Consider award of bid for a one ton truck chassis/cab, diesel engine, 4WD for the Wastewater Treatment Division.

Purchasing Manager Connie Hood advised this bid is being piggy-backed off the previous bid. She explained if something is bid out within the past 30 days, staff asks the vendor to hold that pricing. She recommended award of the bid to Ken Garff Ford in the amount of $29,279.69.

MOTION: A motion was made by Council Member Almquist to award the bid as recommended.
SECOND: The motion was seconded by Council Member Allen.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

BUILDING DESIGN CONCEPTUAL SITA PLAN:
City Planner Ray Snyder explained that the request is to consider approval of a building design and conceptual site plan to construct a two story building at 1470 East Medical Center Drive to be known as the Jubilee Home. The project is located within a PD Commercial zone and will be an auxiliary building adjacent to the existing hospital to serve as living quarters for families who have a hospitalized family member. Phase one consists of construction of

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a two story building and parking lot for both phases. The total building size is 11,700 sq. ft. with 13 rooms. Phase two will consist of a two story building with 20 rooms. 43 parking spaces are required for both phases and are being provided. The Planning Commission recommends approval subject to:

1. Building colors and materials shall be as submitted on December 11, 2007 to the Planning Commission.
2. Peak height to the top of the parapet shall be 31.25 feet. The proposed height shall not exceed 35 feet. Average roof height shall be 28'.
3. Parking shall meet the zoning ordinance.
4. A Site Plan Review application along with four sets of plans shall be submitted to Development Services, including a photometric plan and screening of all HVAC equipment.
5. Signage under a separate permit.
6. Phase two building colored elevations shall be submitted to staff to verify they match the same style and materials as approved for Phase one.
7. Meet all traffic requirements of the City Traffic Engineer, UDOT and MUTCD standards.

Council Member Allen declared a conflict of interest but advised she would participate.

Council Member Pike declared a conflict of interest, stating that he works for the applicant, but will participate as well.

Kerry Hepworth, representing the applicant, advised there is a demand for patient lodging on the River Road campus. Any one receiving critical care is eligible to stay at the Jubilee Home. Cost is on a sliding scale; those who can pay are charged $25 a night. The number allowed to stay at the Jubilee Home per patient is limited to two. A small office may be provided to serve as people check-in and out. The buildings are being built with maximum flexibility to accommodate a change in needs. There will also be a hospitality suite for a resident couple or manager should the need arise.

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

PUBLIC HEARING/ZONE CHANGE/ORDINANCE:
Public hearing to consider a zone change from R-1-10 to C-3 with a deed restriction to permit only a parking lot on 4.74 acres located at approximately 501 North Bluff, west of the present Executive Car Sales lot. Jason Vowell. Applicant.

City Planner Ray Snyder explained this request was heard by the Planning Commission in November. At that time the request was to have PD zoning on the back of the property and C-3 along the front. The applicants are now requesting C-3 on the rear portion of the property. Their new building would have been located on property zoned PD and C-3, and staff felt it would be more appropriate to have one zone. They are requesting that the back portion of the lot which is zoned R-1-10 be changed to C-3, but with a restriction that the back portion can be used only for a parking lot.

Council Member Almquist noted that the parking area which was formerly going to cut into some of the hillside has been moved 20 feet to the north so that it now will not cut into the hillside.

Mr. Snyder explained that if Bluff Street is widened, the site will still have enough room for landscaping in front and meet parking requirements.

Council Member Bunker expressed concern about lighting of the parking lot.

Mr. Snyder replied that when the project comes back for a conditional use permit, lighting, landscaping, etc. will be discussed. He stated the lighting will have to be dark sky style lighting. The parking lot is 60' lower than the homes above it.

Council Member Almquist stated that some of the concerns expressed at the Planning Commission meeting were that the parking lot would be used as overflow parking for Executive Car Sales. The applicants agreed at the Planning Commission meeting that the parking lot would be used only for the building to meet parking requirements.

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Kelly Schmutz, representing the applicant, advised that the request is as presented.

Mayor McArthur opened the public hearing.

Mike McGregor suggested the project should have a turn lane into the project for safety.

Community Development Director Bob Nicholson replied that the entrance into the project lines up with the traffic signal at 500 North.

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

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

Council Member Allen - aye
Council Member Pike - aye
Council Member Bunker - aye
Council Member Almquist - aye
Council Member Shakespeare - aye

The vote was unanimous and the motion carried.

PUBLIC HEARING/AMENDMENT TO GENERAL PLAN LAND USE MAP/ORDINANCE:
Public hearing to consider an amendment to the City?s General Plan Land Use Map by changing the land use designation from Medium Density Residential to Professional Office for approximately 3.9 acres located at 1350 East on 900 South. Neil Glauser, representative.

Community Development Director Bob Nicholson explained the project site is located on the south side of 900 South across the street from the LDS church east of River Road. The property is vacant and wraps around the Blake residence. There is an existing office building on the corner. The current zoning is R-1-10. The General Plan designates the area as medium density residential, up to nine units per acre, and this is the type of zoning which exists around the site. The applicants propose to build three two-story buildings. The Planning Commission discussed several alternatives:

Option A - leave the site at the current land use designation
Option B - this is what the applicant is requesting
Option C - take the west half of the property and designate it professional office, anticipating that some day the Shrum property will convert to something other than residential, and leave the balance as residential
Option D - convert the entire 12 acres as professional office. This would include the land behind the subject site, the Shrum property, and the Dabney property.

The Planning Commission recommends Option D feeling the entire parcel would make a good professional office location.

Mayor McArthur explained that a long time ago when property was annexed into the City, it came in as R-1-10 zoning as a holding zone.

Mr. Nicholson explained that the zone change on the broader area could not be approved at this meeting as it was not advertised. The General Plan will first have to be amended before the subject site can be rezoned. The three two-story buildings will be less than 35' in height. Total square footage will be 69,000 sq. ft. with 277 parking spaces required. The project has 290 parking spaces with 77 located underneath the buildings. The proposed use is professional office, with no retail use.

Neil Glauser, representing the applicant, displayed an aerial photo of the area taken in 1995 illustrating that since then there has been no significant residential growth in the area. All growth has been commercial. He stated that 1450 South will eventually connect to Riverside Drive and most of the development will be commercial.

Mayor McArthur opened the public hearing, requesting that those wishing to speak limit their comments to six minutes each.


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Darwin Whittaker, a resident of Meadowcreek, advised he would not be so opposed to the project if there was a need for more professional office in the area, but there is not a need.
He encouraged approval of Option A.

Keith Barton, a resident across the street from the proposed project, stated approval of the request would create spot zoning and an island around the Blake property. He stated turning this one piece of property into commercial when it is surrounded by residential is not logical. He encouraged approval of Option A.

Jerry Campbell encouraged approval of Option A.

Brian Blackham, a resident of Meadowcreek, encouraged contiguous residential zoning as mixed use zones have problems with values.

Dean Williams expressed concern with the parking area and inquired if there would be elevators and stairways from the garage to the upper floors.

Mayor McArthur explained that only the general plan amendment is being discussed at this time.

Mr. Williams continued saying the PD Commercial zone was not meant to be placed within a residentially zoned area.

George Mueller, a resident of Meadowcreek, expressed concern with safety and increased traffic. He stated he wanted to avoid traffic on Meadowcreek?s private roads. He urged adoption of Option A.

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

Council Member Bunker commented this is the seventh meeting she has attended where this project has been discussed, and the 11th time it has been discussed. While the buildings are beautiful, the City wants to promote and save neighborhoods, and this project would not contribute to a cohesive residential neighborhood. She stated approval of the request would not be in the best interests of the Blakes and the site should remain as is, which is Option A.

Council Member Shakespeare commented the proposed amendment would serve to designate all of the vacant property as a business park, and this would not be good for the quality of life in that neighborhood nor serve the interests of the neighborhood or community as a whole.

Council Member Almquist commented that some of the pressure the Planning Commission felt was that the Coral Canyon medical clinic to the north off 700 South has a knuckle turnaround cul-de-sac, and the pressure this would put on a developer to continue that road through to Riverside Drive with the intent of taking pressure off River Road. The feeling of the Planning Commission was that the proposed project would be an impetus to build that connection. Coral Canyon medical clinic has no other exit and this will compound the problem on 700 South. The area has a substation which is not a friendly neighbor, and also wetlands. 1450 would also provide another access to the area.

George Mueller replied that Meadowcreek did not need another access.

Council Member Pike inquired why the applicant?s request had been turned down in the past.

Mayor McArthur replied that the proposed project was mixed use with three story buildings.

Council Member Almquist advised it was also tabled for more information.

Council Member Pike inquired if there were plans or a timetable for development of 1450 East.

Mayor McArthur replied this would happen only as the surrounding property develops, unless the City decided to use public funds to build the road for safety reasons.

Council Member Pike commented he felt the concerns were valid on both sides of the issue. He inquired how traffic flowing down 1450 East to Riverside Drive would affect existing


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neighborhoods. He stated he wondered how valuable the property east of Meadowcreek would be for residential use when the road was built.

Council Member Allen commented that the applicants did come back with what the last City Council asked them to do, which was lower the buildings. She stated there was less traffic in a PD Commercial project than a retail project, and no traffic at night. Larry Gardner mentioned that he lives next door to a three story office building and it is a great neighbor. If the project site is developed as homes, there will be a lot more traffic.

Council Member Shakespeare inquired if a traffic study had been done taking into consideration all of the area when built-out as professional office compared to a residential use.

Community Development Director Bob Nicholson replied that this study had not been done, and trips generated would depend on how the building is used. Medical offices would have high trip generation while other types of offices might have low trip generation. There is a huge variation within the professional office category.

Council Member Almquist advised that at the Planning Commission meeting the applicant?s traffic engineer stated that if this office were built with this type of generation, it would not impact 900 South and River Road any more than it now does because of the light. However, to take the area and forecast high density or homes - this has not been done.

Council Member Shakespeare commented that this type of study needs to be done before zone changes are granted. Whether the zone change is necessary and is in the best interests of the neighborhood and community as a whole should be taken into consideration. She stated she did not think the applicant had been able to show these things have been addressed.

Mayor McArthur commented this is not a requirement.

Council Member Allen responded that the City Council has asked the traffic department to start looking at larger areas for traffic impact. With regard to this request, 1450 East will help to alleviate traffic. The free market will decide whether a building or project is necessary; this is the landowner?s prerogative with regard to his or her land. It is not the American way to say it would not be needed, nor is it the City Council?s.

Council Member Bunker commented that at the Planning Commission meeting, there was not a lot of discussion on combining the entire area.

MOTION: A motion was made by Council Member Bunker to deny the zone change, keeping the area as medium density residential.
SECOND: The motion was seconded by Council Member Shakespeare.
VOTE: Mayor McArthur called for a roll call vote, as follows:

Council Member Bunker - aye
Council Member Shakespeare - aye
Council Member Almquist - no
Council Member Allen - no
Council Member Pike - aye

The motion carried.

From the audience a gentleman inquired if the Foremaster family was still going to donate land for a park in this area.

Mayor McArthur replied that as far as he knew, the offer was off the table, but the gentleman was welcome to contact the Foremaster family.

PUBLIC HEARING/ZONE CHANGE/ORDINANCE:
Public hearing to consider a zone change from A-20 to R-1-10 with a development agreement on 30.6 acres located at approximately 3300 South Little Valley Road. Phillips Homes, applicant.

Community Development Director Bob Nicholson explained the applicant proposes to obtain a density of 3.2 unit per acre under the density bonus ordinance adopted on a temporary basis in August and which is still in effect. The permanent ordinance will be on an agenda in

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February for final adoption. He explained that under the R-1-10 provision lot size averaging can be utilized, allowing for a mixture of lot sizes, even though the density does not change. The applicant proposes 98 lots with public streets. There will be a one acre park in the middle which will have to be maintained by a HOA. There is a dual trail system on the north side of the project for equestrian use and hike and bike use. The developer, under a development agreement, will install the trail. There will be a 100' buffer between the A-1 zone to the north. The applicant is presenting a concept plan only at this time. Their next step is to come back with a preliminary plat and a public hearing will be held on specifics on the plat. A development agreement is required, and it has been drafted. Little Valley Road will have to be widened to Horsemans Drive to 32'. The applicant proposes that the City maintain some of the enhanced landscaping, both on Little Valley Drive and Crimson Ridge. The City?s position is that this should be maintained by the HOA. The City will, however, accept maintenance of the trail. Access off Little Valley Road is another issue to be resolved. The Planning Commission recommends approval subject to a development agreement.

City Manager Gary Esplin commented that if there is no trail connection to other developments, the City will not maintain the trails. The City will, however, maintain trails on the top and sides of the project as they are part of the trail master plan.

Council Member Bunker inquired about the enhanced street scape.

Mr. Nicholson replied that the City?s ordinance says that 15% has to be provided and cannot include land within the right-of-way. The applicant?s plan includes an additional 20' along Crimson Ridge which qualifies as enhanced street scape. They also propose an additional 16' of enhanced street scape along Little Valley Road.

Council Member Bunker inquired how the City could be sure the HOA would maintain the areas.

Mr. Nicholson replied this requirement would be included in the CC&Rs and on the plat.

Council Member Almquist commented he thought at the Planning Commission meeting the applicant stated that they would allow for public access from the north side to come through the trail system to the park.

City Manager Gary Esplin replied that if this were the case and the public has the right to use the park, then the City would considering maintaining the trail.

Brent Phillips explained that the park is private for the community, but not restricted. He stated they would like the City to maintain the enhanced street scape. The street scapes will be dedicated to the City.

City Manager Gary Esplin replied that the additional right-of-way should be maintained by the HOA rather than the City, along with the liability, but the applicant will be given credit for the additional open space.

Mr. Phillips replied he did not think they could get insurance coverage, nor would want to, on property within the public right-of-way.

City Manager Gary Esplin replied that the City requires others to maintain their project frontage. Mr. Esplin commented that this project is exactly what the Vision Dixie program is all about in trying to encourage open space, increased setbacks, etc., and from this standpoint it is nice to see the City get to the point where it can consider a project as a model for the future. This project meets the intent of the density bonus program.

Gary Kuhlmann, representing the applicant, commented that his understanding is that on public streets 66' in width and above, the City will maintain the buffer strips. This project
has a 30' strip between two public streets, and the applicant requests that the City take over the landscape maintenance.

Mayor McArthur opened the public hearing.

Ron Axton, a resident of Meadow Valley, commented he opposed the zone change and suggested a moratorium be placed on all new housing sites. There are already 6000 homes on the open market with 100 per month going into foreclosure. He stated the City needed to be consistent with economic realities.


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Mike McGregor commented he was against this type of development in this area. The City Council previously promised the residents of Little Valley that their area would remain a rural area for horses. His concerns included cars with no infrastructure for them, safety issues, and fire control. Most residents in the area are opposed to this change in zoning. He recommended denial of the zone change to protect property values. He stated that approval of the request would create an island of rural property owners, and his property will become valueless if surrounded on two sides by high density development. He stated he has 15 horses with a 25' road between him and the proposed change. He stated that horse property is being pushed out of St. George thereby eliminating the heritage the City was founded upon. He stated approval of the request will open the door for 400 acres to become this type of use. He suggested the City Council wait until the permanent ordinance is in place. He also requested low impact lighting.

Paul Gooch, a resident of Little Valley Ranchos, advised he asked the man who designed this concept if he was aware of anywhere in the United States where this type of development was located next to agricultural property while maintaining harmony and peace. The gentleman advised that he had not, and that this type of development will create conflict with agriculture use. Mr. Gooch advised he raises mules and they are very noisy and can be heard within a one mile radius. There is value in this type of lifestyle and this is how he has chosen to raise his family. He stated the City Council should respect, value and protect the properties of those who are already here. When he purchased his property the General Plan in this area was designated as agricultural uses. He stated a 100' buffer is nothing, and he does not want to fight with his neighbors. He stated there has been an increase in equestrian use in the area since the City Council last visited the area. He stated the City is not making any provisions for agricultural use and there is nowhere they can go and still be in St. George. He inquired of the City Council if there was still a place for what adds to the diversity of the City, and if so, then that corner of Little Valley is the natural place for it.

City Manager Gary Esplin advised that when the master plan was changed the City made provision for equestrian trails to the Ft. Pierce Wash, etc.

Mr. Gooch replied that while he was grateful for the trails, this is not the issue. The issue is putting neighbors in direct conflict with each other and the effect upon property values. The right to farm was part of the Little Valley amendment.

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

Council Member Allen commented the City Council has worked hard to make sure that development in the Little Valley area would bring something to the neighborhood, instead of just density. It is much nicer to have wider landscaped areas rather than subdivisions with walls. The City is trying to accommodate everyone and create neighborhoods.

Council Member Bunker commented that another problem is when landowners pass away, their children who don?t live here want to maximize their inheritance.

Council Member Pike commented that the project follows Vision Dixie principles, and the residents of Little Valley can?t expect higher density to just happen downtown. Further, the project proposed is not high density.

Council Member Almquist commented that he recently spoke to two long time landowners in Little Valley who said that someday they hope to develop their property into 1/3 acre lots.

MOTION: A motion was made by Council Member Bunker to approve the zone change subject to a development agreement and subject to working out details on an additional access and maintenance of the landscaping strips at the time of final plat approval .
SECOND: The motion was seconded by Council Member Shakespeare.

City Manager Gary Esplin commented that recognizing a right to agricultural uses should be on the plat and all deeds. Staff?s concern with who maintains the landscaping strips also needs to be resolved. The City?s position is that the City should not maintain them. The City?s policy is that it does not accept maintenance responsibilities on roadways other than those 80' in width.

City Attorney Shawn Guzman advised that staff also recommends there be another roadway out of the project.


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City Manager Gary Esplin replied that these issues can be decided at the time of plat approval.

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

Council Member Bunker - aye
Council Member Shakespeare - aye
Council Member Allen - aye
Council Member Almquist - aye
Council Member Pike - aye

The vote was unanimous and the motion carried.

Gary Kuhlmann advised there is a question whether another access can be done because of a vertical curve in the road as it now exists. This issue will be discussed with Cathy Hasfurther. He requested that this requirement be kept out of the motion.

Council Member Bunker agreed to delete this requirement from her motion.

City Manager Gary Esplin clarified that as far as the process, it will be alright to work through the issues with landscaping and access at the time of plat approval.

City Attorney Shawn Guzman clarified that roadway issues, maintenance of trails and additional landscaping and open space along the roads will be resolved before final plat approval.

City Manager Gary Esplin advised that a development agreement must also be recorded, along with a right to maintain agricultural uses.

Mayor McArthur called for a break.

ORDINANCE: Consider approval of an ordinance amending the political sign ordinance to clarify when signs for elections may be posted and removed.

City Attorney Shawn Guzman explained that the current ordinance is not as clear as it could be with regard to when campaign signs may be put up and taken down. The amendment provides that candidate signs may not be put up any sooner than the day after the filing deadline and must be removed within five days after the general election.

Council Member Pike inquired about regulations in non-residential areas.

Community Development Director Bob Nicholson replied that currently there are no limitations in non-residential areas.

City Attorney Shawn Guzman advised that these signs would then fall under the Sign Ordinance.

City Manager Gary Esplin suggested the matter be tabled until a recommendation is made with regard to the size of signs allowed in commercial zones.

Mayor McArthur inquired about flashing signs.

Council Member Allen suggested that presidential election signs also be included in the ordinance.

City Manager Gary Esplin advised that staff would come back with an ordinance amendment addressing municipal elections and all elections.

MOTION: A motion was made by Council Member Almquist to table the matter.
SECOND: The motion was seconded by Council Member Pike.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

RESOLUTION:
Consider approval of a resolution in support of the County-wide arts organization.

This item was removed from the agenda as it was not necessary.

St. George City Council Minutes
January 10, 2008
Page Twelve

AGREEMENT:
Consider approval of an agreement with Fly-In LLC to purchase 38.56 acres of property for the Replacement Airport.

City Manager Gary Esplin recommended approval, commenting that the price being paid is the same price the City has been paying for property in this area.

MOTION: A motion 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.

AGREEMENT:
Consider approval of an agreement authorizing the Energy Services Department to proceed with work on the Bluff Street South Interchange improvement project, and authorizing UDOT to pay the City for the work to be performed.

City Manager Gary Esplin advised that approval of the agreement will allow UDOT to do some power and relocation work on the Bluff Street interchange project.

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

AGREEMENT:
Consider approval of a letter agreement with UAMPS to offer the City?s UAMPS Payson Project entitlement shares for assignment to other Payson Project participants.

City Manager Gary Esplin explained that the City and UAMPS entered into an agreement with other cities in UAMPS for the Payson power project, a gas fired plant. The City entered into the agreement for peaking purposes, but it has not fit into the City?s plan as far as resources it wants to use. The City has been trying to get out of the agreement, and this is the first step by selling its shares to other entities.

Mayor McArthur commented that City staff now has the ability to do a lot of the things that UAMPS does.

City Manager Gary Esplin advised that the City Attorney has looked at the agreement to make sure the City covers itself to limit exposure.

Energy Services Director Phil Solomon explained that the City pledged its revenue assets for payment of the bonds, and in assignment of the bonds, the City will be released from the bondholders.

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

AMENDMENT TO CONTRACT:
Consider approval of an amendment to the engineering contract with Bowen Collins for the Bloomington Hills sewer line project.

City Manager Gary Esplin advised the amendment provides for someone to inspect the project.

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

Council Member Almquist expressed concern about the size of the rip rap on the protective barrier along the trail. He commented that the largest stone is 18" and the river will laugh at that.

Water Services Director Barry Barnum replied that the middle size rock is 18", and in addition pipe will be anchored to the rock around the corner. It has been designed so that flood water will flow over the top.


St. George City Council Minutes
January 10, 2008
Page Thirteen

SET PUBLIC HEARINGS:
Community Development Director Bob Nicholson advised that the Planning Commission, at its meeting held January 8, recommended that public hearings be scheduled for January 24, 2008 for the following items:

(1) A zone change from PD Residential to M1 on two acres located at 3657 South River Road. Sun Roc, applicant.
(2) Approval of a preliminary plat for The Ledges Phase 11 located south of Silver Cloud Drive. Randy Freston II, representative.
(3) Approval of a preliminary plat for Views at Stone Mountain located at 1450 South 2798 East. Karl Rasmussen, representative.

The Planning Commission recommended that public hearings be scheduled for February 7, 2008 for the following items:

(1) An amendment to the General Plan Land Use Map from Low Density Residential to Medium Density Residential for 11.77 acres located at 1100 West Curly Hollow Drive. Quality Properties, applicant.
(2) A zone change from R-1-10 to PD Residential on 11.77 acres located at 1100 West Curly Hollow Drive. Quality Properties, applicant.
(3) An amendment to Title 10, Chapter 13E, St. George City Code to add a new chapter for Density Bonus Overlay Zone.
(4) An amendment to Title 10, Chapter 2, St. George City Code, to amend the definition of building height and to add a definition for coping.
(5) A zone change from Mining and Grazing to PD Residential, PD Commercial, Open Space, Airport Supporting business, Airport Vicinity Industrial, Commercial Mixed Use, C-2, R-1-10, R-1-12, and R-3 on 2,432 acres located in the southeast corner of St. George, south of the proposed replacement airport and north of the Utah/Arizona border. Desert Canyons Development, applicant.
(6) An amendment to the General Plan Land Use Map from Low Density Residential to Medium Density Residential and Neighborhood Commercial on 11.5 acres located at 3000 East and 1450 South. Ancestor Estates LLC, applicant.

MOTION: A motion was made by Council Member Almquist to set the public hearings as recommended.
SECOND: The motion was seconded by Council Member Bunker.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

Community Development Director Bob Nicholson advised that the Planning Commission held a public hearing for Cowboy Partners and recommended denial. Cowboy Partners has not yet indicated whether they will appeal to the City Council.

FINAL PLATS:
Todd Jacboson advised that the Planning Commission recommended approval of the final plats for Tonaquint Terrace Phase 3, Tonaquint Valley Phase 5, and Rim Rock Commercial Center Amended and Extended.

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

BUILDING DESIGN CONCEPTUAL SITE PLAN:
City Planner Ray Snyder advised the name of the project is Tonaquint Retail Lot 5 located at 1400 South Dixie Drive. The zoning is PD Commercial. He displayed a 3D fly-by of the site, site plan, and elevations. The Planning Commission recommends approval subject to the following conditions:

(1) Building colors and materials shall be per the January 8 submittal to the Planning Commission.
(2) Proposed maximum peak height is 28'11". The building shall not exceed 35'.
(3) Parking shall meet ordinance requirements and shall be 9' x 18' in size with 25' wide drive aisles minimum.
(4) A site plan review application along with four sets of plans shall be submitted to the Development Services Department. All HVAC equipment shall be screened from view. Pole lighting shall be of a ?dark sky? style with no lens protruding below the side


St. George City Council Minutes
January 10, 2008
Page Fourteen

perimeter of the fixture. Light levels are to be verified by a light meter prior to occupancy.
(5) Signage shall be under a separate permit.
(6) All requirements of the City Traffic Engineer shall be met.
(7) All signing and striping shall conform to the City and MUTCD standards.

Additionally, the Traffic Engineer shall provide a letter stating that accesses function safely. This can be resolved with staff and the Traffic Engineer.

Stan Perkins advised that this is just the first phase of the project.

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

APPOINTMENTS:
Mayor McArthur appointed Council Member Gil Almquist to the Dixie Care and Share Board, and Council Member Jon Pike to the Healthy Dixie Board.

Mayor McArthur recommended appointment of Suzanne Allen as Mayor Pro Tem in his absence.

MOTION: A motion was made by Council Member Bunker to appoint Council Member Suzanne Allen as Mayor Pro Tem in the Mayor?s absence.
SECOND: The motion was seconded by Council Member Pike.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

Community Action Team maps were distributed to the Mayor and Council, with each Council Member assigned to a particular area.

Police Chief Marlon Stratton advised it would be beneficial to hold meetings periodically with a council member present.

Captain Farnsworth advised that officers assigned to new CAT areas have been given until the 17th to meet with their CAT teams and update them.

A brief discussion was held with regard to presentations at the CAT meetings.

Mayor McArthur recommended appointment of the following officers and department heads:

Shawn Guzman - City Attorney
Bob Nicholson - Community Development Director
Larry Bulloch - Public Works Director
Marlon Stratton - Police Chief
Matt Loo - Development Services Director
Kent Perkins - Leisure Services Director
Barry Barnum - Water Services Director
Robert Stoker - Fire Chief
Phil Solomon - Energy Services Director
Phil Peterson - Finance Director
Tiffany LaJoice - City Treasurer
Gay Cragun - City Recorder
Miriam Palma - Deputy City Recorder
Rene Fleming - Deputy City Recorder
Judith Mayfield - Deputy City Recorder

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

Mayor McArthur recommended appointment of Brad Young to the Sign Review Board replacing Jim McArthur, Gary Peterson to the Board of Adjustments, Walt Jones and Kim Whitney to the Hillside Review Board, and Lynn Cobb to the Historic Preservation Commission.



St. George City Council Minutes
January 10, 2008
Page Fifteen

MOTION: A motion was made by Council Member Almquist to approve the appointments as recommended.
SECOND: The motion was seconded by Council Member Pike.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

Mayor McArthur recommended appointment of Sandy Ferrell (two year term), Tom Folkes (two year term), Lyman Hafen (one year term), and Darcy Stewart (one year term) to the Dinosaur Discovery Site Board. Mayor McArthur recommended approval of Roland Lee (one year term) and Terri Draper (three year term) to the Public Arts Committee.

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

Mayor McArthur recommended appointment of Ron Read to the Planning Commission to replace Gil Almquist, and reappointment of Kim Campbell, Ross Taylor and Mike Nobis to the Planning Commission. He requested that the terms be staggered and that the City Attorney send letters to those going off the Commission thanking them for their service and letters to the new Commission members advising them of their terms and requirements of the appointments.

Mayor McArthur recommended reappointment of Les Syphus, Joseph McPhie, Brent Heaton, and appointment of Deborah Christopher to the Board of Adjustment. Mayor McArthur recommended reappointment of Dave Black, Judd Burgess and Bruce Neiderhauser to the Hillside Review Board.

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

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

MOTION: A motion was made by Council Member Bunker to approve the minutes as presented.
SECOND: The motion was seconded by Council Member Pike.
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 December 6, 2007.

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

Consider approval of the minutes of the special City Council meeting held December 13, 2007.

MOTION: A motion was made by Council Member Pike 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 Allen to adjourn to an executive session to discuss potential litigation.
SECOND: The motion was seconded by Council Member Bunker.
VOTE: Mayor McArthur called for a roll call vote, as follows:

Council Member Allen - aye
Council Member Bunker - aye
Council Member Pike - aye
Council Member Almquist - aye
Council Member Shakespeare - aye

St. George City Council Minutes
January 10, 2008
Page Sixteen

The vote was unanimous and the motion carried.

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

The meeting adjourned at 9:00 p.m.




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Gay Cragun, City Recorder