City Council Minutes

Thursday, February 7,2008



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
FEBRUARY 7, 2008, 4:00 P.M.
CITY COUNCIL CHAMBERS

PRESENT:
Mayor Daniel McArthur
Council Member Gail Bunker
Council Member Gloria Shakespeare
Council Member Jon Pike
Council Member Gil Almquist
City Manager Gary Esplin
City Attorney Shawn Guzman
City Recorder Gay Cragun

EXCUSED:
Council Member Suzanne Allen


OPENING:
Mayor McArthur called the meeting to order and welcomed all in attendance. The flag ceremony was led by Scouts from Troop 1786, and the invocation was offered by George Romney. Mayor McArthur excused Council Member Allen who is out of town. He invited several Scouts in the audience to introduce themselves and recite the Scout law.

Mayor McArthur read a proclamation proclaiming the month of February as White Ribbon Against Pornography Month in the City and then presented the proclamation to Teresa Willie, the area representative of Communities for Decency.

Mayor McArthur advised the City has a new web page and encouraged everyone to use it.

APPROVAL OF CHANGE ORDERS: Consider approval of two change orders to a sewer contract with PCI.

Purchasing Manager Connie Hood advised the change order is to replace sections of main outfall line in the Bloomington area and in Sunland Drive. The amount of the change order is $372,100 for both sections.

Water Services Director Barry Barnum explained the City is putting in a line under the Virgin River and in doing so had the opportunity to get inside the line and inspect it. The inspection revealed the portion of line under the trail across from the Dixie Center between the bridge down to the connection under the river has lost half of the thickness of the pipe and the layer of reinforcing steel is exposed and rusting. This is caused by gases in the sewer which create hydrogen sulfide and when combined with water inside the pipe, sulfuric acid is created which eats the pipe. Another area where this has happened is on Sunland Drive where two lines come together to create turbulence and release of gases. Since PCI is already there, there are no mobilization charges. The City already has their unit prices on everything, and staff proposes that PCI fix the lines.

Kirk Klotz advised that the total amount of line to be replaced is 750 feet below the bridge and 400 feet on Sunland Drive.

MOTION: A motion was made by Council Member Bunker to approve the change orders 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.

APPROVAL OF CONTRACT:
Consider approval of the Firehouse Park design contract.

Purchasing Manager Connie Hood advised the contract with Winston & Associates will cover design, engineering and construction management in the amount of $62,480

City Manager Gary Esplin explained that CDBG and park impact funds will be used.

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




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February 7, 2008
Page Two

APPROVAL OF CHANGE ORDER:
Consider approval of a change order to the design and management contract for the bus garage facility project.

Purchasing Manager Connie Hood advised the amount of the change order is $67,000 for modification of the design of the bus garage facility.

City Manager Gary Esplin explained this is a joint project. The City is using federal funds for the transit side and general funds to enlarge the maintenance area for the mechanics. The project has been downsized to bring it within budget.

MOTION: A motion was made by Council Member Shakespeare to approve the contract.
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 CHANGE ORDER:
Consider approval of a change order to the contract for The Fields Park Phase II.

Purchasing Manager Connie Hood explained the change order with Stantec is in the amount of $26,260 for grading, a drainage system, lighting and a sprinkler system. Stantec originally submitted the amount of $31,000, but staff negotiated it down to $26,260.

City Manager Gary Esplin explained that some of the changes were requested by area residents, but other suggestions have not been incorporated due to budget constraints.

MOTION: A motion was made by Council Member Bunker 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.

AWARD OF BID:
Consider award of bid for the crack sealing project.

Purchasing Manager Connie Hood explained eight bids were received. She recommended award to the low bidder, Holbrook Asphalt, in the amount of $65,904. The engineer?s estimate is $67,000.

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.

ORDINANCE:
Consider approval of an ordinance amending Sec. 9-13-7, St. George City Code, to clarify when signs for elections may be posted and removed.

City Attorney Shawn Guzman explained the City Council was concerned there was no limit on the size of signs in commercial areas. Staff looked at the average sign and recommends 32 sq. ft. as the maximum size. The City Council?s other concern was whether the definition was broad enough to cover other elections. These changes have been made to the ordinance. The maximum size of election sign allowed in residential areas remains at 16 sq. ft.

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

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

The vote was unanimous and the motion carried.

FINAL PLAT:
Consider approval of the final plat for The Ledges Phase 11.

City Manager Gary Esplin explained the preliminary plat was approved at the last City Council meeting. The final plat conforms with the preliminary plat.
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MOTION: A motion was made by Council Member Bunker to approve the plat.
SECOND: The motion was seconded by Council Member Shakespeare.

Todd Jacobsen advised that the intersection has been changed slightly and the road straightened out a bit.

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

BILLING POLICY AMENDMENTS:
Consider approval of amendments to Billing Policy #10.87.87 for the Water and Energy Services Departments.

City Manager Gary Esplin advised the amendments are technical and include provisions to set up a committee and hearing process to review user disputes.

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

AGREEMENT:
Consider approval of a netting agreement with PacifiCorp.

City Manager Gary Esplin explained the agreement will allow the City to trade power with PacifiCorp. In the past the City has purchased power outside of UAMPS. This agreement will allow the City to get the best trades it can, provides more flexibility and keeps rates in line.

Mayor McArthur inquired if wheeling was taken into consideration.

Energy Services Director Phil Solomom explained that the agreement is a formality so the City can trade directly with PacifiCorp rather than having to use an in-between entity. This is a netting agreement which allows the City to purchase power from PacifiCorp and sell power to PacifiCorp.

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.

POLICIES AND PROCEDURES FOR TOWN SQUARE:
Consider approval of policies and procedures for the Town Square.

Leisure Services Director Kent Perkins reviewed the polices and procedures. He advised that hours of operation needed to be clarified. The previous recommendation was from dawn to dusk.

City Manager Gary Esplin advised that dawn to dusk was too restrictive in the summer. He suggested that from May to November the hours should be extended to midnight.

Mr. Perkins advised that the police would like set hours for enforcement purposes.

Mayor McArthur suggested the hours of operation should be until 10:00 p.m. in the winter and midnight in the summer.

City Manager Gary Esplin clarified that these hours are for the Town Square only and not for other parks within the City. Hours for special events will be clarified in the special event permit.

Mr. Perkins clarified that the hours of operation will be 10:00 p.m. between daylight savings time hours in the winter, and until midnight in the summer. He advised that the hours and policies and procedures will be posted at a kiosk in the Town Square.

MOTION: A motion was made by Council Member Almquist to approve the policies and procedures, including hours of operation until 10:00 p.m in the winter as designated by daylight savings time, and until midnight in the summer.
SECOND: The motion was seconded by Council Member Shakespeare.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

Mayor McArthur invited a Scout in the audience to introduce himself.

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February 7, 2008
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Mayor McArthur called for a break. Upon conclusion of the break, the meeting continued.

PUBLIC HEARING/PRELIMINARY PLAT:
Public hearing to consider approval of the preliminary plat for Blue Heron Run Subdivision located at 1800 South and 3000 East. James Eardley, applicant.

Council Member Shakespeare inquired if there should be seven lanes on 3000 East and other major streets within the City, in order to provide for turning lanes so that traffic does not have to back up when a car is turning.

City Manager Gary Esplin replied this is a valid concern, but a developer is not required to put in more improvements than he needs for his particular development. The City cannot make him provide for the needs of the entire area. The City?s Master Transportation Plan lays out the widths of master planned streets throughout the entire City, and if the City Council feels the widths are not adequate, the Plan needs to be changed. 3000 East is an 80' right-of-way.

Council Member Pike inquired how far out the City projects.

Mayor McArthur replied twenty years.

Mr. Esplin explained the City just updated the master plan in the Little Valley area. If the city Council has concerns staff is not looking far enough down the road with regard to road widths, the master plan should be revisited. It was however, looked at and approved by both the Planning Commission and City Council. Any changes to it will require public hearings with the Planning Commission and City Council

Council Member Shakespeare said she would like to revisit the issue.

City Manager Gary Esplin advised he would schedule it for a work meeting.

Council Member Almquist advised the City has adjusted road widths in the past based upon a change of zoning and increase in population.

City Manager Gary Esplin explained the City?s policy with regard to road improvement.

City Planner John Willis advised the preliminary plat for Blue Heron Run has 17 single family lots, the zone is RE-12.5, and the project consists of 8.75 acres with a density of 1.941 units per acre. Lots range in size from 13,924 sq. ft. to 15,290 sq. ft. There is a 50' public road down the center of the property. A zone change for the property was approved by the City Council on November 11, 2007. The applicant is providing 15% in open space and an equestrian trail on 3000 East. A note on the plat requires a temporary turnaround. There is a trail and drainageway along 3000 East. Storm drainage is required, access to Lots 1 and 3 are to be dedicated, and the ditch along 3210 East is to be piped. Mr. Willis explained that the temporary turnaround will be used while the first three lots are being built.

Mayor McArthur opened the public hearing.

Donald Rawlings expressed concern with drainage on 3000 East. He inquired why property owners had to pay to pipe the ditch to carry someone else?s water.

City Manager Gary Esplin replied that this requirement is part of the drainage plan throughout the entire community.

Mr. Rawlings inquired why the City was paying to pipe the old canal on property outside of the City.

Mr. Esplin replied that the City has a joint project with the canal company for major storm drainage in the area, and the City is not paying for any other entity to hook onto the line other than the canal company.

Council Member Shakespeare inquired of the applicant if they would be providing a turning lane off 3000 East into their project.

Claudia Eardley, applicant, replied that they would not be providing a turn lane. She explained that this plat is for only one phase and the access is off 3210 East. She stated at


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February 7, 2008
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one time the City indicated as long as they were doing just Phase One, they did not have to pipe the canal.

City Manager Gary Esplin replied that this was correct.


David Lundberg inquired if the applicants had a special arrangement with the City because the General Plan shows this area as having a maximum of two units per acre.

Mr. Esplin replied that the density is 1.941 units per acre. In addition, the applicants are dedicating additional properties as part of the density bonus program.

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

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

PUBLIC HEARING/PRELIMINARY AND FINAL PLATS:
Public hearing to consider approval of the preliminary plat for Clear Creek Ranches Phase 2 located at approximately 950 North 1700 East in Middleton. Bill Mickelson, applicant.

And

Consider approval of the final plat for Clear Creek Ranches #2.

Jay Sandberg explained the plat was previously approved in 2000-2001 with 12-13 lots. All improvements were put in but the Mickelsons decided not to plat the entire subdivision. They would now like to plat another three lots, and the preliminary plat has to be renewed.

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

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

PUBLIC HEARING/PRELIMINARY PLAT:
Public hearing to consider approval of the preliminary plat for the Beveridge Subdivision located at Sir Monte Drive and Balboa Way in the Southgate area. Mundy Dutton, representative.

City Planner John Willis explained the plat contains four single family lots. Zoning is R-1-10 and R-3. The project consists of 1.99 acres. Phase density is 2.01 units per acre. The lots range in size from 11,000 sq. ft. to 11,826 sq. ft. There is a 45' public right-of-way. The project is in the Hillside Overlay Zone. The applicant is grading for walk-up and walk-out lots which will be built to the contour of the land. Walls will be built as shown. The hillside permit is on the next City Council agenda. Mr. Willis explained that the walls on the preliminary plat are conceptual. The construction drawings will show the grades and walls in more detail. Some of the walls will need to be moved back out of the front setback, but this will be worked out in the construction drawings. The walls will be more concrete on the final plat.

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

Council Member Almquist commented that this is a difficult parcel and the large ?no disturb? area is protecting quite a few of the residents to the north. The Hillside Board did a good job in trying to make sure the design worked in consideration of the neighbors and what is allowed by ordinance.

Mr. Willis advised the walls would be reinforced concrete.




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Council Member Almquist advised that when a site visit was made, it was mentioned that the City may want to reconsider what it allows as far as cement walls and their industrial look. Something other than cement walls should be used for this project.

Mr. Willis advised that recent amendments to the walls and fences ordinance require the applicant to treat the retaining walls to prevent bare concrete retaining walls. Staff also worked with the applicant to bring the cul-de-sac in closer to reduce the amount of disturbance and wall height. Staff can look at adding a provision for using stamped concrete as opposed to staining retaining walls. This can be made a part of the hillside permit.

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

PUBLIC HEARING/MINOR SUBDIVISION:
Public hearing to consider approval of a minor subdivision with three parcels located at approximately 720 South Indian Hills Drive. Stewart Park, applicant.

Jay Sandberg advised the project consists of 81 acres. The property is being divided into three large parcels to facilitate purchase of one parcel at a time. The purchaser wants to go through the formal subdivision process. There are geological issues on the site. The intent is to facilitate further subdivision of the property. The Planning Commission recommends approval with the stipulation that no building permits will be issued for the parcels and that all three parcels would be further subdivided.

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

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

PUBLIC HEARING/AMEND GENERAL PLAN/ORDINANCE:
Public hearing to consider an amendment to the General Plan Land Use Map by changing the land use designation from Low Density Residential to Medium Density Residential on 11.7 acres located at approximately 1100 West Curly Hollow Drive. Brett Burgess, applicant.

City Planner Ray Snyder reviewed a zoning map of the area. The General Plan designation is Low Density Residential, a maximum of four units per acre. Medium Density Residential allows up to nine units per acre. The conceptual plan is for eight units per acre with 32 triplexes, for a total of 96 dwelling units. A 1.3 acre park is being provided. There is a landscaped common area. The units are being clustered. Streets are public. There is a playground. Each unit will have a two car garage and visitor parking. He reviewed zoning of adjacent properties. He advised that one letter in opposition has been received, but there was no public comment at the Planning Commission meeting and no phone calls have been received. At the Planning Commission meeting the applicant stated he was not opposed to stubbing in a street for connection with the neighboring R-3 zone.

Brett Burgess, applicant, distributed photos of a similar product built in Washington. He advised the design was changed to keep the roof pitch lower in order to capture views. The project is an attempt to transition from R-1-10 zoning into adjacent R-3 zoning.

Council Member Almquist commented he liked the concept and that it had been successful across the nation as the three units look like one large home. He inquired where the driveways would be located. He inquired what market the project was targeting.

Mr. Burgess replied the driveways will be located on the front of the units and the units will be small.

A gentleman from the audience advised the units will be 1200 sq. ft.

Mr. Burgess advised the units will have two to three bedrooms and most will be split level.
The architecture is conceptual.


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February 7, 2008
Page Seven

Council Member Shakespeare expressed concern with the location of the project so close to a school. She stated that eventually there would be a transient problem. Additionally, it is located next to 20 acres of R-3 zoning which will be high density housing, also located by the school. She stated that while she believed in attainable housing, it must be spread throughout the neighborhoods in small portions. She stated she did not see a need for this project next to R-3 zoning, and that single family homes would be more appealing next to the school.

Brett Burgess replied that he was hoping to attract teachers with medium density housing. He stated he was also creating homes that young families and snowbirds could transition into. He stated he was concerned about putting an R-1-10 project next to R-3 zoning.

Council Member Shakespeare commented that while the project now would be very nice, in years to come the neighborhood will change, and that is her concern.

Mayor McArthur opened the public hearing.

Cody Larson advise he owns a home in Tonaquint Terrace and feels the value of his home will depreciate if this project is built as proposed. His views will be affected and there will be more traffic next to a school.

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

Council Member Pike advised he would like to hear the letter in opposition to the project.

Ray Snyder read the letter in opposition to the zone change.

Council Member Pike inquired what the zoning is to the west.

Mr. Snyder replied that it is predominantly R-1-10.

Council Member Bunker commented that while some of the mansion homes have been beautiful, she had a problem locating them in this area of high density. She stated she had a problem with the zone change unless there was a good reason for changing it. She stated she agreed that the traffic would be a problem for the school.

Council Member Pike commented that this project meets Dixie Vision principles.

City Manager Gary Esplin commented that this project is exactly what the City has been requesting developers do, however, the City Council needs to make sure it is the right design and located in the right place. The project has a park and open space. Additionally, the City has been encouraging different types of housing products under the Vision Dixie plan. There is the possibility of apartments right next to this project, but R-1-10 zoning would be a more difficult transition than medium density.

Council Member Shakespeare commented that this 100 units, added to another 100 units in R-3 zoning, would create 200 units of high density housing. While there is no question the conceptual design is pretty, the General Plan says that attainable housing should be spread throughout a community, and 200 units is too many in one location. It is a proven fact that attainable housing is best in small segments and disbursed throughout the neighborhoods. If this project is approved, in time the City will be asking for problems. There is no question the project will work when new, but when it gets older it will backfire.

City Manager Gary Esplin replied that there will be a HOA to maintain the project. Single family units can turn into rentals just as well as three-plexes, and the concept is to locate this type of housing next to schools and churches. Design drives the product, not density. This is the concept of Vision Dixie and the City?s planning process of the past several years.

Council Member Almquist inquired if a discussion had been had with the owners of the R-3 property about their desires for the property.

Brett Burgess replied that the owner of the property is Tonaquint, Inc., Gerry Brown. He advised he tried to purchase the property from Mr. Brown, but Mr. Brown was not interested in selling it. He advised he has seen layouts for the property and it was high density apartments. His project will transition between the R-1-10 and R-3 zoning.

Council Member Bunker inquired why medium density is a better buffer than R-1-10.

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February 7, 2008
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Mayor McArthur replied that this has normally been done in the past.

Council Member Shakespeare advised she would like further discussion on this request in a work meeting.

MOTION: A motion to deny the request was made by Council Member Shakespeare.

City Manager Gary Esplin explained that if the request is denied, the applicant has to wait one year before he can come back with another request. He suggested the matter be tabled instead.

SUBSTITUTE MOTION: A motion was made by Council Member Shakespeare to table the matter.
SECOND: The motion was seconded by Council Member Pike.
VOTE: Mayor McArthur called for a vote, as follows:

Council Member Shakespeare - aye
Council Member Pike - aye
Council Member Almquist - no
Council Member Bunker - no
Mayor McArthur - no

The motion failed.

Council Member Almquist commented that the design of the buildings makes the density more palatable, as well as the amount of landscaping and open space and park. The project is also located on flat land and not in hillside.

MOTION: A motion was made by Council Member Almquist to approve the General Plan amendment.
SECOND: The motion was seconded by Council Member Bunker.
VOTE: Mayor McArthur called for a vote, as follows:

Council Member Almquist - aye
Council Member Bunker - aye
Council Member Pike - no
Council Member Shakespeare - no
Mayor McArthur - aye

The motion carried.

PUBLIC HEARING/ZONE CHANGE/ORDINANCE:
Public hearing to consider a zone change from R-1-10 to PD Residential on 11.7 acres located generally at 1100 West and south of Curly Hollow Drive. Brett Burgess, applicant.

Mayor McArthur opened the public hearing.

Natasha Wright, a resident of Tonaquint Terrace, advised none of the homes in Tonaquint Terrace are two story and do not block the views. She stated she would hate to see apartments or townhomes built nearby, especially as many as proposed. She advised when they are rented out land values will depreciate and traffic and drugs will come into the neighborhood. She stated single family homes such as those in Tonaquint Terrace would have less problems. She stated if the amount of units were cut down, the project would be easier to handle. She stated two story units would block their views.

City Manager Gary Esplin advised that the Zoning Ordinance allows home to be 35' in height without seeking any extra permission. He advised that not everyone who lives in rentals can be characterized as bad. There must be a place for young people to rent as not everyone can afford a house.

Council Member Almquist advised that with R-1-10 zoning, the applicant could build at least 34 homes, and they could be 3,600 sq. ft. each and 35' in height. The applicant proposes to build 32 tri-plexes. They look like homes, and no one would know they are tri-plexes vs. one big house.



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February 7, 2008
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City Manager Gary Esplin advised the applicant could build 40 single family homes if zoned R-1-10, but this project has only 32. There will, however, be more traffic.

Council Member Shakespeare expressed concern with traffic right by a school. She advised that stability is a huge issue due to the transient neighborhood that will be located right next to this project. She expressed concern there would be a high turn-over rate of the units because they are small. She stated any time property is rezoned it should be in the best interests of the neighborhood and community, and even though the City has been working toward attainable housing, this 100 units so close to a school and another ten acres of high density housing is not in the best interests of the neighborhood or community.

Council Member Bunker commented that she feared if the property were left R-1-10 zoning there would be cookie-cutter homes which she disliked. She stated the applicant was not trying to build low income or affordable housing so much as he is trying to build a good project. She stated the City would be further ahead by having a project of quality rather than regular R-1-10 homes.

City Attorney Shawn Guzman advised that because this is a PD, the City Council can place a restriction on it that the units cannot be rented, only owner occupied. The City Council can ask the applicant if he is willing to do that.

Brett Burgess, applicant, stated that while he understood the concept, the units would be harder to sell if there is not an opportunity for the purchasers to rent the units. He stated he did not think he could commit to that.

Council Member Shakespeare commented that perhaps a certain percentage of the units could be restricted from being used as rentals. She stated there had to be some protection of the neighborhood from transiency. The City has the responsibility of what to put on the land and around schools.

Brett Burgess commented that a development agreement could be looked at with regard to design issues. He stated he was not opposed to more discussion on this issue to see what can be done.

City Planner Ray Snyder advised that the zone is a PD.

City Attorney Shawn Guzman explained that the City Council has not seen all the information required for PD approval.

Mayor McArthur commented that the conceptual plan does not meet the requirements of a PD.

Brett Burgess advised that he would stay as close as possible to the conceptual plan, but changes will have to be made to the front of the homes for the garages.

City Manager Gary Esplin advised that PD zoning could not be approved tonight because the City Council has to approve the exact plan.

City Attorney Shawn Guzman advised this should have been presented at the Planning Commission meeting as well.

City Attorney Shawn Guzman suggested the matter be tabled and a discussion had with staff as to what was presented at the Planning Commission meeting to determine if Planning Commission needs to reconsider the plan.

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.

Mayor McArthur called for a five minute break. Upon conclusion of the break, the meeting continued.

PUBLIC HEARING/AMEND GENERAL PLAN/ORDINANCE:
Public hearing to consider an amendment to the General Plan Land Use Map by changing the land use designation from Low Density Residential to Medium Density Residential and Neighborhood Commercial on approximately 11.5 acres located at the northwest corner of 1450 South and 3000 East streets. Christi Lovell, applicant.
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City Planner Ray Snyder explained this request was considered by the City Council in August, 2007 and tabled for more study and completion of the Density Bonus Overlay ordinance. He displayed the conceptual layout and reviewed site plans. The Planning Commission recommended a buffer of low density residential, the core is medium density, and there is some commercial at the corner. He reviewed an aerial of the area and the master plan in the area. There will be a one mile spacing between commercial projects on 3000 East. The Land Use Plan for Little Valley recommends that commercial be spaced one to two miles along 3000 East. 1450 South and 3000 East are both arterials.

Jim Raines, Bush and Gudgell Engineering, advised there are several constraints on the property. The project is sided on two sides by arterial roads. It is a good site for commercial. The residential lots will not front the arterials. There will not be any gas pumps. The units are brought up to the front of the streets so what the public will see is the fronts of the buildings. There are walkable areas. The buffer lots are the same size as the lots they are adjacent to on the west. There is undeveloped property to the north. There are only 13 units.

Mayor McArthur inquired if the zoning would be PD Commercial.

Mr. Raines advised the applicant will come back with a PD for the entire eleven acres.

City Manager Gary Esplin advised this project is affected by the density bonus program but it does not affect the commercial. The residential density will be based on two units per acre and it will have to have an amenity package. The project may meet this now, but when the applicant comes in for additional planning, the bonus density overlay will apply.

Mayor McArthur opened the public hearing.

Greg Stevens commented that this type of project has been needed for a long time, and that high rises are also needed in the downtown area.

LeGrande Fawcett commented that this project fits in the area.

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

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

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

The vote was unanimous and the motion carried.

PUBLIC HEARING/AMEND CITY CODE/ORDINANCE:
Public hearing to consider an amendment to Title 10, Chapter 13E, St. George City Code, for a density bonus overlay zone.

City Planner John Willis reviewed the provisions of the new ordinance, the overlay areas and factor requirements.

Mayor McArthur opened the public hearing.

Curt Gordon, representing Desert Canyons Development, asked for a level playing field as the adjacent SITLA property is zoned R-1-10 and Desert Canyons will have to be competitive. Desert Canyons will have to give the City 390 acres, spend 50 million dollars in improvements, and 26 million dollars to dedicate the land. The adjacent property owner will have to do nothing. Desert Canyons will have to spend 50 million dollars to get to the same level of density that SITLA has already. He requested that the City not take action on the ordinance so the matter can be further discussed. Desert Canyons would have two units per acre, and SITLA will start out with a density of 3.3 units per acre. This is a competitive disadvantage. SITLA also does not have to pay property taxes. He suggested the ordinance not require private land be dedicated. He advised their plan has large parks and he asked for a park impact fee credit. He also asked that a basic park be defined. He stated Desert Canyons wants to have landscaping between the street and sidewalk, but the ordinance

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February 7, 2008
Page Eleven

offers no incentive for this. He suggested that credit be given for landscaping above 10' in the right-of-way.

City Manager Gary Esplin advised the City allows open space without it being a park. The City does not want that many parks to maintain, and this is not the intent of the ordinance.

City Attorney Shawn Guzman advised the ordinance is pretty specific with regard to construction of parks.

City Manager Gary Esplin advised the intent is to build four acre neighborhood parks. If the applicant wants to build an 11 acre park, a development agreement will be needed to offer them some sort of credits for this. The standards are specified in the ordinance with regard to the number of trees required, trails, pavilions, etc. The intent is to give credit for enhanced amenities - this is not double dipping on the City?s part. A development agreement will be needed. He commented the issue of the SITLA property needs to be looked at. However, the ordinance is generic enough that it can be adopted now.

Mr. Gordon suggested it be adopted for the Little Valley area only at this time.

Mayor McArthur inquired if the pending ordinance doctrine should be imposed.

City Attorney Shawn Guzman replied that the City had a temporary zoning ordinance in the Little Valley area and it expired. The City Council can adopt the ordinance and change the boundaries as long as it moves expeditiously to identifying the areas it wants covered in the ordinance and the areas are approved.

City Manager Gary Esplin stated the larger concern is the adjacent SITLA property which is zoned R-1-10 and how the City can make a level playing field. The intent is that the entire area conform to the same density bonus program, otherwise the City will have to institute mandatory neighborhood park dedication.

Curt Gordon commented they submitted their application for a zone change in August. They inquired if the City would consider the application as pre-dating the density bonus ordinance as the parties have agreed in concept on all issues surrounding the zoning approval.

City Manager Gary Esplin replied this would be acceptable as long as the density bonus program is met as part of the development agreement.

Mr. Gordon replied that they exceed the density bonus program.

Mr. Esplin replied in that event the Desert Canyons project could be deleted from the density bonus program boundaries pending approval of their development agreement.

Mr. Gordon advised they have spent hundreds of thousands of dollars on their master plan, and if they are included in the density bonus ordinance they would have to redo it.

City Manager Gary Esplin advised the City?s intent is to obtain more open space and neighborhood parks. If this can be handled in the development agreement, Desert Canyons can be exempted from the density bonus program pending approval of their development agreement.

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

Council Member Bunker inquired if the ordinance could be approved and then tweaked in the future.

Mr. Esplin replied that it is a fluid document, a new concept, and a work in progress. It can be amended at any time. Every development within the density bonus project area will require a development agreement, and the City Council will be able to review each agreement and decide if it meets the criteria for the density bonus program.

MOTION: A motion was made by Council Member Bunker to approve the ordinance, deleting the Desert Canyons project area.
SECOND: The motion was seconded by Council Member Shakespeare.




St. George City Council Minutes
February 7, 2008
Page Twelve

Council Member Almquist suggested a requirement be added that Desert Canyon?s project area be deleted provided their development agreement meets the intent of the density bonus program.

Council Members Bunker and Shakespeare agreed to add this provision to the motion.

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

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

The vote was unanimous and the motion carried.

PUBLIC HEARING/AMEND CITY CODE/ORDINANCE:
Public hearing to consider an amendment to Title 10, Chapter 2, St. George City Code, to modify the definition of building height and to add a definition for ?coping?.

City Planner Ray Snyder reviewed the definitions.

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

MOTION: A motion was made by Council Member Pike to approve the ordinance.
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 City Council work meeting held January 17, 2008.

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

Consider approval of the minutes of the regular City Council meeting held January 24, 2008.

MOTION: A motion was made by Council Member Bunker to approve the minutes 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.

Consider approval of the minutes of the City Council work meeting held January 30, 2008.

MOTION: A motion was made by Council Member Pike to approve the minutes as amended.
SECOND: The motion was seconded by Council Member Shakespeare.
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 Bunker to adjourn to an executive session to discuss property purchases and litigation.
SECOND: The motion was seconded by Council Member Pike.
VOTE: Mayor McArthur called for a roll call vote, as follows:

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

The vote was unanimous and the motion carried.


St. George City Council Minutes
February 7, 2008
Page Thirteen

RECONVENE AND ADJOURN:
MOTION: A motion to reconvene and adjourn was made by Council Member Almquist.
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 8:30 p.m.





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Gay Cragun, City Recorder