City Council Minutes

Thursday, April 3,2008



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
APRIL 3, 2008, 4:00 P.M.
CITY COUNCIL CHAMBERS

PRESENT:
Mayor Daniel McArthur
Council Member Gloria Shakespeare
Council Member Jon Pike
Council Member Suzanne Allen
Council Member Gail Bunker
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. The pledge of allegiance was led by Council Member Almquist, and the invocation was offered by Max Rose. Mayor McArthur advised that Council Member Allen was attending an MPO meeting in Salt Lake City on behalf of the City and would be arriving late.

Mayor McArthur read a proclamation proclaiming the month of April as Financial Literacy Month in the City. He presented the proclamation to Ralph Flannagan, Chair of the Southern Utah Satellite of the Financial JumpStart Coalition of Utah.

Mayor McArthur advised that there has been good cooperation between the City and School District in the past, and thanked Superintendent Max Rose.

Public Works Director Larry Bulloch advised that the City?s Fleet Division has been awarded the Blue Seal of Excellence issued by the National Institute of Auto Service Excellence.

Council Member Pike arrived.

Mayor McArthur and the City Council congratulated employees of the Fleet Division and presented the plaque in recognition of this award.

Terri Kane, Administrator of Dixie Regional Medical Center, reported on activities of the hospital and thanked the Mayor and Council for their support. She distributed a 2007 Executive Summary.

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

Mayor McArthur expressed condolences on the resignation of Dixie College President Lee Caldwell.

AWARD OF BID:
Consider award of bid for roof replacement at the Millcreek facility.

Purchasing Manager Connie Hood advised two bids were received. She recommended award of the bid to Price Exteriors in the amount of $29,500.

MOTION: A motion was made by Council Member Bunker 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.

CHANGE ORDER:
Consider approval of a change order with Stanley Consulting for the Snow Canyon Parkway widening project.

Purchasing Manager Connie Hood recommended approval of the change order with Stanley Consulting in the amount of $36,079.59 for additional hours required to manage and monitor the project.

City Manager Gary Esplin explained that the additional time was partly required because the State does not allow paving during certain times of the year when temperatures are a concern, even though work could have been done. Because federal funds are being used for the project, the City is obligated to follow State regulations.

MOTION: A motion was made by Council Member Pike to approve the changer order.
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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AWARD OF BID:
Consider award of bid for a 2008 roll-off truck with installed bed for the Reuse Center.

Purchasing Manager Connie Hood recommended award of the bid through the State contract with Lake City Trucks in the amount of $130,109.12.

Mayor McArthur explained the truck will be used to move recycled goods to and from the landfill.

City Manager Gary Esplin explained that fees to be charged for dumping at the Reuse Center will pay for the truck over time.

Council Member Almquist commented that he has received complaints from people who want to use the compost but are being told it is not available.

Mayor McArthur replied that at one time too much compost was being made so production was cut back and some of the waste collected at the Reuse Center had to put on the landfill rather than composted because of the lack of demand. If there is demand, more will be produced.

Council Member Almquist advised that a minimal commercial charge at the Reuse Center could help to cover costs.

City Manager Gary Esplin advised that commercial landscapers are being charged to dump at the Reuse Center. Tthe City has not looked at a charge for residential dumping at the Reuse Center, but staff can revisit the issue.

MOTION: A motion was made by Council Member Bunker 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 white and yellow traffic paint.

Purchasing Manager Connie Hood recommended award of the bid through the State contract with Ennis Paint in the amount of $27,772.50.

Public Works Director Larry Bulloch explained that federal law requires water-based paint to be used which wears out more quickly than other paint used to. The City stripes twice a year in the spring and fall and as needed.

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.

AGREEMENT:
Consider approval of a construction management agreement with Horrocks Engineering for the Brigham Road widening project.

Purchasing Manager Connie Hood recommended approval of an agreement with Horrocks Engineering for construction management in the amount of $277,329. She advised that Horrocks did the design for the project and it made sense for them to handle the construction management.

Mayor McArthur and Public Works Director Larry Bulloch advised that the project consists of five lanes from the freeway to the new school.

MOTION: A motion was made by Council Member Bunker to approve the agreement.
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 reconstruction and widening of Brigham Road.

City Manager Gary Esplin explained funding for this project has been in the budget for several years but the project has been delayed. Last year there were issues with protection of the habitat and negotiation of an easement. The Hidden Valley development will be required to participate in the cost of this road and they have already made their contribution.
Aron Baker explained that a climbing lane was installed ten years ago. In doing that the surveyor worked with the BLM on placement of a fence. The issues have now been worked
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through to get the road where it needs to be. The road will be five lanes with raised and planted medians from Flying J up to Desert Hills Drive where the new high school is going in. The City is also working with Dixie REA to get street lights in.

City Manager Gary Esplin advised the road width has been pushed to the edge of BLM property.

Council Member Allen arrived.

Mr. Baker continued saying there will be sidewalk on the Reuse Center side of the street, with space for plantings. Two signals are included in the project - one at Hidden Valley Drive and one at Desert Hills Drive. He advised the City is still working with the BLM and Fish and Wildlife on mitigation issues.

Mayor McArthur advised the amount of the low bid is $2,488,021.61.

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

Council Member Almquist commented he was glad a local company submitted the low bid in order to keep costs down. He inquired about the procedure for determining the award of bid.

City Manager Gary Esplin explained that in this case it was the low bid, as long as the bid meets requirements of the bid document, bonding requirements, and the time period.

Mayor McArthur explained the City also has a provision for local preference. If a local company?s bid is within 5% of the low bid submitted by a non-local bidder, the local company has the opportunity to match the low bid.

Council Member Almquist asked that those who do work for the City have certified payrolls.

Purchasing Manager Connie Hood replied that staff is reviewing all contract document, policies and ordinances to get them up to speed and this will be one of the considerations in recommending award of bids.

Council Member Bunker commented that Council Member Almquist has brought up this subject several times in Council meetings since the first of January. The City is treating the illegal immigration issue quite forcibly and the public should know that.

Council Member Shakespeare commented that the City will be ahead of the law when it takes effect in 2009.

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

AWARD OF BID:
Consider award of bid for pickeball court improvements at Worthen Park.

Purchasing Manager Connie Hood advised that AJ Construction was the low bidder at $49,297. This amount is over budget but will be negotiated down to meet the budget.

Larry Shane explained that a pickleball court is a small tennis court. The project should be complete within 45-60 days.

MOTION: A motion was made by Council Member Bunker 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.

PUBLIC HEARING/PRELIMINARY PLAT:
Public hearing to consider approval of the preliminary plat for Library Cove subdivision located at approximately 154 South 100 West in the RCC zone. Keith Kelsh and Paul Burgoyne, applicants.

Community Development Director Bob Nicholson explained this item is also on the agenda for a conditional use permit. The project came before the Planning Commission as a conditional use because of setback issues in the RCC zone. There are two existing homes which front 100 West. The applicant proposes three new homes on three new lots behind the existing homes. The Planning Commission felt it was a good project and recommended approval of the preliminary plat, suggesting that it should not be a conditional use and should meet setback requirements.



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Council Member Shakespeare commented the project did not fall under the criteria for a flag lot as all five homes will share one driveway. Setbacks are not being met.

Mr. Nicholson replied that an existing driveway will remain to serve one of the homes in front.
Setbacks are met on the two front lots. Design standards will have to be met and the red brick home will require some remodeling to comply.

Council Member Shakespeare commented that the front yard setback looked smaller than 20'.

Mr. Nicholson replied that the new homes may have to be square shaped instead of rectangular shaped in order to meet the setbacks. He advised a letter from the Candlewood Association had been received expressing concern with the fill dirt being brought in.

Jay Sandberg advised there is concern from nearby residents about the drainage. Drainage plans will have to be reviewed and the applicant is required to do a drainage study. Another issue is with a south side boundary wall. When the subdivision was reviewed, one of the initial questions was with the setbacks. It is his understanding that the fronts and backs of the new units will face east and west, and thus would be side setbacks, not front setbacks.

Council Member Shakespeare commented she wanted to see the measurements and walk the property.

Jay Sandberg commented that the shared driveway is a legal matter. There was also discussion at the Planning Commission meeting about whether the City could require owner-occupied units. The consensus was that the City could not require that, but developers in the past have volunteered to do this. Mr. Sandberg advised there is also a turnaround and two additional parking spaces. A turnaround is required if a private drive is over 150 feet, and this driveway is 190 feet.

Keith Kelsch, applicant, advised that he is working with Mr. Burgoyne, and the planning process has been difficult. He advised he works with Color Country Community Housing and it is difficult to get families in homes. He distributed pictures of the homes prior to what they are now. He advised a conditional use permit is needed for 5' additional on the front setback. He stated his vision is to have three homes in the back with front porches facing each other, with the circle providing access to the garages. He stated he was willing to work with the City on a development agreement and would be happy to prohibit rental of the units, however, he needed three new homes in order to do the project.

Doug Little advised the applicant is trying to provide a product that is nice and affordable. In-fill is important, otherwise the areas end up as fire hazards and row houses. There is a brand new City park within half a block to this development. Storm drainage will drain out rather than in, and will be a benefit to the people to the west. There is a higher density development to the north. In order for the community to be vibrant and attract good things, there must be flexibility in the law. He stated that public hearings usually contained more emotion than good common sense. He stated it may not be possible to meet the setbacks, but it would not be practical to eliminate one lot as the project would then be impossible to finance. He advised that the units would be one story with a half attic space.

Council Member Almquist commented it appeared the plan showed elimination of several trees.

Mr. Little replied that some of the old pecan trees have been removed, but two of them are being saved. He advised that Mr. Kelsch lives in the home on the north side and is not a long distance landowner.

Mr. Kelsch verified that two pecan trees and the crepe myrtles will be saved.

Council Member Shakespeare commented it appeared the private driveway would not be part of the HOA but would be owned by unit 3.

Mr. Little replied that this is a requirement. This will be written into the purchase agreement as an easement for ingress and egress and utilities. He advised that maintenance of the driveway would be shared and will be part of the agreement.

Mr. Kelsch explained that with a private drive, a 20' setback to the garage is not required. The garages can be adjusted to accommodate a more open appealing design. Two garages on the right will have to be accessed by an alley. He stated he had no problem with moving the garages if setback requirements can be met.

Council Member Allen inquired if the applicant had been in contact with the Candlewood Association.

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April 3, 2008
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Mr. Kelsch replied that he had a meeting with them. Their main concern was with their wall. It has structural problems and no rebar in the footings. He stated a joint venture may be possible where the wall is taken down and rebuilt. He stated he was more than happy to work with them, and this can be part of the development agreement.

Mayor McArthur opened the public hearing.

Wayne Hampton, a resident at 100 South 131 West, stated he felt the applicant had good ideas, but in three to five years the applicant would be gone and the project would then become a slum.

Mayor McArthur replied the applicant indicated he would be willing to enter into an agreement that the units would not be rentals, but would be owner occupied.

Council Member Shakespeare inquired if this could be made permanent.

Community Development Director Bob Nicholson replied this requirement could be made part of the CC&Rs and would be binding.

Mr. Kelsch advised that a deed rider would be more permanent than CC&Rs.

Mr. Nicholson advised that the project includes traditional style cottage bungalows which would be an asset to the neighborhood.

Council Member Allen commented that the City Council has not ignored this area of town. It put $6,000,000 into the Town Square, redid the drainage system, and enacted the RCC zone to keep people living in t he downtown. The City Council cares about the downtown - it is the heart of the City.

Frank Carter, a resident at 190 South 100 West, stated he did not see the benefit of bringing more congestion and housing to this particular block since there are many high density housing projects and rentals. He stated he wanted to see yards maintained with gardens in the back and fruit trees. He stated it seemed that families were moving out, not in, and the proposed small homes are not for families. This is the last of large lots left on the block, and quality of life should take precedence over development. He stated if the project were approved, he would like the wall to be put up before construction commenced.

Council Member Bunker commented she believed that property values would increase based on the photos she saw of the proposed project.

Council Member Pike commented that Mr. Kelsch seemed like a reasonable person and is a good man to have as a neighbor. He stated the neighborhood could do a lot worse.

Council Member Shakespeare commented she believed the RCC zone needed to be re-examined to see if it could be made better and stronger. She suggested that a committee be formed to look at this.

Council Member Almquist commented that 20 years ago it seemed to be the right thing to fill in all the interior lots with condos. Now it appears this was not the right thing to do. The applicant is asking for three homes in the back of the lot, when years ago it would have been ten homes.

Dawn Humphries commented that the turnaround takes property from the lots.

Mayor McArthur replied that codes have to be met.

Mr. Kelsch advised that both lots are over 5,000 sq. ft. and the rear lot is over 6,000 sq. ft. He advised he is a former educator and would love to sell the homes to teachers. He requested that the issue be decided today if a conditional use is needed or if the plat can be approved with a permitted use. The difference is the setbacks.

Gene Sturznegger advised that his father lives at 148 West 200 South. His father built a block wall that is only 5.5' high. The fill brought in by the applicant is 10' in height. He inquired how much the property was going to be raised in order to drain water back to the street.

Andrea Jensen, a resident at 143 South 200 West, commented this project would drive out traditional homeowners. She inquired if Mr. Kelsch would commit to staying in the home. She commented the proposed homes were not large enough for families with children.



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Gloria Hampton, a resident at 131 West 100 South, expressed concern that too many units were being built on the small property as it will be crowded and the homes will be too small for families with children. She stated she was opposed to the development because the downtown is already crowded.

Gloria Mower, a resident of Candlewood, advised that all in protest of the project are law-abiding citizens who don?t want to live like sardines. She stated the proposed project was too crowded, and rentals on the block are already causing problems.

Leslie Leonard commented that the proposed homes are darling, but families with five children would not want to buy them because they are too small. She suggested the project be scaled back to two new homes only.

Vern Spoke, a resident at 158 West 200 South, advised that parking is a problem and he did not see how families could be raised in the proposed project.

James Jackson, a property owner east of this block, commented the diagrams showed all the units using the same driveway.

Annie Ashcraft challenged the City Council to count all the multi-family units from Main Street to Bluff and condition in all the garbage and litter. She advised a single family home behind her has at least eight unrelated adults living there. She advised an aerial photo was needed showing how crowded this part of town is.

Ms. Ashcraft was advised to call Code Enforcement with regard to the violation.

Mayor McArthur advised that maps are in the process of being created showing where all rentals and businesses are throughout the RCC zone.

Susie Carter, a resident at 190 South 100 West, advised she loved having a big backyard. She advised when the Kelsch?s moved in she asked Mrs. Kelsch is they planned on building in the backyard and was told they were not going to build. She stated he felt three houses and four garages was too much and the homes needed to be larger than proposed. She stated she would like to see a wall built before construction commences.

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

Mr. Kelsch advised that he works two blocks away from his home. He stated if the downtown is not changed equal to the growth outward, it would die away, and the way to change it is not through density, but through beauty and attractiveness of the area. He stated he wanted to increase the opportunity for people to live in the downtown. He stated he originally started with six homes in the back with one of the original homes razed, and he loves the home he is in and wants more people to live in the downtown.

City Manager Gary Esplin commented that from a legal issue, this is a significant change. The City Attorney agrees that the public hearing should be continued and the matter reheard because of conditional use issues.

Mayor McArthur reopened the public hearing.

MOTION: A motion was made by Council Member Allen to continue the public hearing until the next regular City Council meeting.
SECOND: The motion was seconded by Council Member Almquist.

Mayor McArthur explained the matter would be continued for two weeks in order to receive a plan that would work in the present zone.

Mr. Kelsch requested a list of recommendations from everyone so he could put something together. He stated he would like to work with Council Member Shakespeare on a deed rider to make ownership permanent.

Council Member Allen advised that the minutes would have all the recommendations.

Council Member Bunker commented that one of the requests is that the wall be constructed before construction begins.

Mr. Kelsch advised this would be part of the development agreement.

Mayor McArthur commented it was recommended that the backyards be bigger and there be more trees.

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April 3, 2008
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MOTION: A motion was made by Council Member Shakespeare to form a committee to study the RCC zone.

Mayor McArthur advised that the previous motion had not yet been voted on.

VOTE: Mayor McArthur called for a vote on the motion to continue the public hearing until the next regular City Council meeting, and all voted aye. The motion carried.

Council Member Shakespeare commented that she would like Bob Nicholson to serve on the committee, someone from the community, and one person from the City Council.

Mr. Kelsch volunteered to serve on the committee, saying he had a lot of experience in development.

Mayor McArthur suggested that Thales Derrick be invited to serve on the committee as the community representative.

City Attorney Shawn Guzman advised that Code Enforcement should be notified about problems with rentals and condition of properties. He advised the City?s goal is to not to be able to tell which property is a rental and which is owner occupied.

PUBLIC HEARING/PRELIMINARY PLAT:
Public hearing to consider approval of the preliminary plat for a one lot commercial subdivision located at 162 North 400 East, Bldg.?C?. LGO Inc. (Dale Larkin and Dan Gifford), applicant.

Jay Sandberg explained that there is an existing building north of the Blvd. The final plat will condominiumize the units and will be presented at the next meeting.

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

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

PUBLIC HEARING/PRELIMINARY PLAT:
Public hearing to consider approval of the preliminary plat for Silkwood Meadows at Meadow Valley located at approximately 2000 South Little Valley Road. Philips Homes, Sean Glather, applicant.

Jay Sandberg advised that this project is part of the Meadow Valley Farms development. The Planning Commission recommended approval subject to the following conditions: (1) a development agreement be entered into; (2) the HOA maintain the 15% landscape trail area; (3) improvements shall be completed on Little Valley Road which include realigning the vertical grades to minimum safe design requirements; and (4) the park and trail improvements shall be completed concurrent with the phase of the subdivision. Mr. Sandberg advised that the City will maintain the trail itself with asphalt or concrete, with the applicant maintaining the landscaping all the way around the subdivision. All roads will be public at 50' with 32' of asphalt.

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 preliminary plat.
SECOND: The motion was seconded by Council Member Shakespeare.

Jay Sandberg suggested that any approval be made subject to approval of the development agreement.

AMENDED MOTION: A motion was made by Council Member Pike to approve the preliminary plat subject to approval of the development agreement.
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/ORDINANCE/ABANDON PORTION OF 200 WEST STREET:
Public hearing to consider vacation of a portion of 200 West Street between St. George Blvd. and Tabernacle Street in order to accommodate the proposed new State courthouse complex.
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Community Development Director Bob Nicholson explained the portion to be closed is half of the street north of Tabernacle to the Blvd. The existing 200 West will terminate in a culdesac. The street has been closed for school use most of the time and has not been a through street very often. The vacation is to accommodate the needs of the new State courthouse complex located on both properties. The Planning Commission was concerned that public streets not be closed without urgency. However, this is the case in this situation in order to make this project viable.

City Manager Gary Esplin explained the process for the new courthouse has been ongoing for several years. The City is also trying to make the area walkable. By locating the courthouse on the street a vast majority of the trees can be saved. There are lots of reasons why this location was chosen, including having the courthouse serve as an anchor for the downtown plaza. The City does not like to close streets because of circulation, but because access into the courthouse has to be secure, there was no other way to do it and keep the courthouse downtown. Additionally, this portion of 200 West has been closed most of the time anyway, and has only been open in the summers.

Council Member Bunker commented that most of the public think the street is closed anyway.

Mayor McArthur opened the public hearing.

Mona Alldredge commented that closure of 200 West will make traffic circulation more difficult.

Jim Coleman inquired about ease or ability to maintain fire protection if the street is closed, and the functionality of a half-closed street.

City Manager Gary Esplin replied that there is enough land for a turnaround. There will be a culdesac in the middle of the block. It will function like a regular street with a culdesac. As far as police and fire protection, there are no concerns.

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

Council Member Shakespeare explained the Planning Commission was concerned about closing the street because another street had already been closed for the Town Square. She stated because of navigation and the handicap it created for those living downtown, the City Council needs to consider this in the future.

City Attorney Shawn Guzman advised that he spoke with staff about closing the road and staff took a look at circulation in the area. There is still circulation.

Council Member Almquist commented that public street property belongs to the people. He inquired how that is financially worked into the mix.

City Manager Gary Esplin explained the value of the street is part of the trade for the old courthouse, and the City came out significantly better.

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

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

The vote was unanimous and the motion carried.

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

ORDINANCE:
Consider approval of an ordinance amending Title 10, Chapter 7F, St. George City Code, to add provisions for a ?child family support facility? as a conditional use in the Residential Central City (RCC) zone.

City Planner Ray Snyder reviewed the history of the request and reviewed the revised language in the ordinance. He explained the ordinance change is for the RCC zone only, as changes to the RE and R-1-10 zones have not been advertised.



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Council Member Allen expressed concern that children would be turned away from the facility if it was full.

Mr. Snyder replied the new language does not contain a maximum number. The suggested minimum separation from a similar facility is 2500'. The maximum length of time for shelter care is 30 days, and for respite is 72 hours.

Chris Nelson, applicant, advised that more kids will be accessing shelter care. Respite care is for any community member who needs a time out from their children, or if their children are at risk of being abused.

Council Member Allen expressed concern with setting a maximum number of children allowed.

Ms. Nelson replied that through DCFS they have been able to find shelter homes when needed. One of the reason they would like to offer shelter homes is so a family of five did not have to be separated.

Mary Ellen Craig advised that the facility will also allow DOVE Center moms to drop off their children while they look for work.

Ms. Nelson explained that state licensing guidelines limit the number of children to 12. However, DCFS also has shelter homes. State requirements are 60 sq. ft. per child during the daytime and 40 sq. ft. per child overnight. There will be one to three staff members present at all times, depending on the ratio needed.

Council Member Shakespeare explained that she was not opposed to this facility as there is a need for it and it has merit and adds to the community. What she objects to is changing an ordinance that was put into place to protect an area from the very thing requested, which is taking another house and turning it into a business. Part of the reason the RCC zone was created was to encourage preservation of existing single family homes. She stated this change strikes the heart of why the RCC zone was created. One of the laws of business is location, and community planning requires balance. When communities forget balance the integrity of the community and neighborhood as a whole is attacked. She stated she felt the City Council needed to see what was taking place in this area before the ordinance was changed, realizing that this was not possible due to time constraints of the applicant. She advised that Tad Derrick counted 19 businesses in his CAT area; in CAT area 3 there are 12, and from Main to 200 East and from 100 South to 700 South there are eight in a twelve block area. 70% of these have taken place in the last ten years. She inquired where the City was headed and what its vision was for the RCC area. She stated that by allowing this home to be turned into a business the City was adding to the problem, not to the solution. Another question is if government is acting responsibly by changing an ordinance to accommodate one request. In speaking to neighbors of the family selling this home, they say they love the family and don?t want to stand in the way of the sale of the home. She stated she did not think this facility would be a threat to any neighborhood, but it is another home lost. The General Plan states that each decision individually may not be important, but cumulatively they have an impact on the quality of life in an area. 200 North is already 3/4 commercial property, but changing this ordinance will change the entire CAT area. She stated she would not oppose the ordinance change if the City would agree to look at 200 North and other RCC areas.

Council Member Bunker commented that while she had the same concerns as Council Member Shakespeare, when the RCC zone was created the City Council talked about not including 200 North because 3/4 of it was not residential property. She felt this proposed location was better than on 200 West. She stated the applicant is not a business, but a 501C3 charitable organization which is different than commercial. She stated she agreed that all RCC areas needed to be looked at.

Council Member Allen advised that nothing would preclude this house from being sold in the future as a home.

Council Member Pike commented that while he applauded Council Member Shakespeare?s passion for the downtownn, the trade-off is worth it. He stated he did not want to see the downtown destroyed and he would be happy to have one of these homes as a next door neighbor. He stated he felt it would be a good neighbor and is conveniently located in the center of the population.

Council Member Shakespeare inquired if this type of home could be limited to only one within the entire RCC zone.

City Attorney Shawn Guzman replied that a 2500' radius is being suggested, which is pretty significant. Additionally, the possibility of getting another of these facilities is pretty remote.

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Page Ten

MOTION: A motion to approve the ordinance with a one mile radius was made by Council Member Allen.

The motion died for lack of a second.

AMENDED MOTION: Council Member Allen amended her motion to include a three mile radius.
SECOND The motion was seconded by Council Member Shakespeare.
VOTE: Mayor McArthur called for a roll call vote, as follows:

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

The vote was unanimous and the motion carried.

CONDITIONAL USE PERMIT:
Consider approval of a conditional use permit to operate a child-family support facility in an RCC zone at 310 West 200 North Street.

MOTION: A motion was made by Council Member Allen to approve the conditional use permit.
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 the annual Wastewater Self-Assessment resolution.

Water Services Director Barry Barnum advised that a survey is sent out every year to look at collection and treatment and report the findings to the State. The City always ranks well. This year the City had a couple of sewer mishaps but is still in pretty good shape.

MOTION: A motion was made by Council Member Bunker to approve the resolution.
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
Council Member Allen - aye

The vote was unanimous and the motion carried.

RESOLUTION:
Consider approval of secondary water rates in Hidden Valley.

Mayor McArthur advised this matter was discussed at the last City Council work meeting.

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

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

The vote was unanimous and the motion carried.

SPECIAL EVENT PERMIT:
Consider approval of a special event permit for a farmer?s market in Ancestor Square.

City Manager Gary Esplin advised that while staff supports Ancestor Square, financial assistance is questionable.

Nicki Richards, applicant, requested financial assistance for advertising.

St. George City Council Minutes
April 3, 2008
Page Eleven

City Manager Gary Esplin replied that funds were especially scarce. Departments have been
asked to cut back 5% this budget year and another 10% next budget year. However, there are several things the City can do from an advertising standpoint with existing resources.

Mayor McArthur advised the City can advertise the farmer?s market on the City?s website and in the Insight publication. He suggested the applicant work with Marc Mortensen.

Council Member Almquist commented that perhaps the farmers market could be advertised on the reader board opposite the Dixie Center as he heard a portion of the advertising is set aside for community announcements.

Council Member Bunker suggested Ms. Richards contact the Downtown Alliance.

Ms. Pace replied that she would do that.

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

SET PUBLIC HEARINGS:
Community Development Director Bob Nicholson advised that the Planning Commission recommended a public hearing be scheduled for April 17 to consider approval of the final plat for Millcreek Commercial 2nd Amendment and that public hearings be advertised for May 1 to consider a zone change from A-1 to PD on three acres on the north side of 1800 North Street at about 2172 West, and to consider a zone change from R-1-10 to R-3 on 3.81 acres located on Riverside Drive adjacent to Palomar and Villa De Colina.

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

FINAL PLAT:
Community Development Director Bob Nicholson advised that the Planning Commission recommended approval of the final plat for Franklin Place Phase 2.

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

FINAL PLAT:
Community Development Director Bob Nicholson advised that the Planning Commission recommended approval of the final road dedication plat for the Southern Parkway.

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

CONDITIONAL USE PERMIT:
Consider approval of a conditional use permit to construct a 100' tall monopole and related equipment shelter for telecommunication services at 1087 East Commerce Drive within the Ft. Pierce Industrial Park. ALLTEL Communications, applicant.

This item was tabled for two weeks at the applicant?s request.

HILLSIDE PERMIT:
City Planner Ray Snyder advised that the Planning Commission recommended approval of a hillside development permit to shift a proposed home up to ten feet into a ?No Disturb? area on Lot 31, Kachina Cliffs Phase 2 within the Entrada PD. The Hillside Board also recommended approval.

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

AGREEMENT:
Consider approval of an agreement with SITLA, UDOT and Desert Canyons to extend a reuse line along the Southern Corridor.


St. George City Council Minutes
April 3, 2008
Page Twelve

City Manager Gary Esplin explained this agreement is a continuation of the joint project with SITLA, Desert Canyons, UDOT and the Water Department to extend a reuse line along the Southern Corridor. The total project cost is $574,591.25. SITLA will pay $364,000. This is mostly for grading which SITLA would have to do anyway; UDOT will pay $143,562.50; Desert Canyons will pay $22,495.25; and the City?s share is $43,667.25. This will take the reuse line from the interchange to River Road. It is the City?s intent to continue the reuse line all the way from River Road to the new storage facility in Warner Valley. It is a great project and will pay dividends by allowing others to help pay for it.

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

AGREEMENT:
Consider approval of an agreement to sell properties located at approxiamtely 200 West and Tabernacle to the State of Utah for construction of the new Fifth District Court building.

City Manager Gary Esplin explained this agreement will allow the City to sell the West Elementary School building it bought from the School District to the State of Utah and in exchange, the City will own the old courthouse.

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

UPDATE FROM CAT 3 AREA:
JoEllen Lane, Cat 3 Team Leader, updated the Mayor and City Council on projects and concerns in her CAT area.

Ms. Folsom updated the Mayor and Council on a power outage incident in the CAT 3 area.

APPROVAL OF MINUTES:
Consider approval of the minutes of the regular City Council meeting held March 20, 2008

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.

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

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

The vote was unanimous and the motion carried.

RECONVENE AND ADJOURN:
MOTION: A motion was made by Council Member Allen to reconvene and adjourn.
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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Gay Cragun, City Recorder