City Council Minutes

Thursday, September 4,2008



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

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

OPENING:
Mayor McArthur called the meeting to order and welcomed all in attendance. He excused Council Member Allen who is attending a JPAC meeting in Salt Lake City on the City?s behalf and will be arriving late. The pledge of allegiance was led by Gay Cragun and the invocation was offered by Matt Loo. Mayor McArthur invited anyone interested in offering the invocation at a City Council meeting to contact the City. He advised it was Lee Warren?s birthday and he would be leaving at 6:00 p.m. for a few minutes to attend his birthday party.

Jim Pugh, Utah Food Bank Services, advised that one in ten lives below the federal poverty guidelines, and Utah is now rated the 5th nationally for the highest rate of food insecurity. There are 300,000 children in Utah who qualify for free breakfast and lunch. Last year the food bank distributed 19 million pounds of food. The food bank will be opening a new facility in February to address Utah?s growing needs. Over 340,000 pounds of food were distributed from the food bank to the Dixie Care and Share. He advised they are hoping to raise $10 million over the next two years and have raised $5.4 million so far. He asked for continuing support for the Dixie Care and Share.

Mayor McArthur read a proclamation proclaiming September as Responsible Dog Owners Month and presented it to Marni Pahl, a representative of the Friends of the Dog Park.
Ms. Pahl introduced members of the group and advised their goal is to help support and educate dog owners in the City so that everyone will be able to enjoy the dog park and be good citizens. Another goal is to support the City?s Recreation Department to improve the dog park and expand their number. She advised that an educational event will take place Saturday September 13 at the dog park.

CONSENT CALENDAR: Consider approval of the financial statement for June, 2008.

City Manager Gary Esplin advised that while revenues are down 8% in the general fund, department heads reduced their expenditures by 15%, so the City is comfortably in the black this year and can transfer funds into the capital project fund. Sales tax is down 10-13% on average the last three months, but some flexibility has been built into the budget to handle any additional downturn in the economy.

Council Member Almquist commented that the financial statement is a public document available to the public.

MOTION: A motion was made by Council Member Almquist to approve the financial statement.
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 excavation for the solar farm project.

Purchasing Manager Connie Hood explained 11 bids were received. Cindy Taylor Trucking, a St. George vendor, was within 5% of the lowest bid and agreed to match the low bid in accordance with the City?s purchasing policy. She recommended award of the bid to Cindy Taylor Trucking in the amount of $175,867.90.
Mayor McArthur explained he had a discussion with another bidder whose business is in a surrounding community. He asked the City Attorney to review the City?s local preference policy.
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City Attorney Shawn Guzman replied it was not unusual for a City to have a local preference policy. The City?s policy requires that if a vendor qualifies as a local vendor, the City will give them preference to match the low bid if they are within 5% of the low bid.

Council Member Allen arrived.

City Manager Gary Esplin explained that this policy was instituted at the direction of the previous City Council in order to help local vendors where possible. Businesses within St. George pay property tax to the City, and the purpose was to give those businesses located in St. George a preference. If the current City Council wants to change this policy, they can certainly do so at a future date, but for tonight the bid should be awarded to the company meeting the current purchasing policy.

MOTION: A motion was made by Council Member Bunker to award the bid to Cindy Taylor Trucking in the amount of $175,867.90.
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 chemicals for the golf courses.

Purchasing Manager Connie Hood advised that fertilizer was removed from the bid. She recommended award of the bid to Helena Chemical because they were the only bidder who bid on all items requested. She recommended award of an annual blanket in the amount of $200,000 for the year, and as a secondary, an award to Simplot Partners in the amount of $50,000 in case an item cannot be obtained from Helena.

MOTION: A motion was made by Council Member Pike to award the bid to Helena Chemical in the amount of $200,000 and to Simplot Partners in the amount of $50,000.
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 the Green Valley Substation incoming structures foundation project.

Purchasing Manager Connie Hood advised the low bid was submitted by Most Wanted Drilling from Farmington, Utah in the amount of $126,530.

Council Member Pike advised he was familiar with this company as they did work for the hospital.

MOTION: A motion was made by Council Member Shakespeare to award the bid to Most Wanted Drilling in the amount of $126,530.
SECOND: The motion was seconded by Council Member Allen.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

Energy Services Director Phil Solomon advised that the substation is complete but the transformer has not yet come. The project should be complete by next summer and will serve the west side of the City including some of the lines on the east side of the Black Hill in the Bluff Street area.

AWARD OF BID:
Consider award of bid for dumpsters and porta-pots for the marathon.

Purchasing Manager Connie Hood advised that Dixie Waste will provide 24 dumpsters and 268 porta-pots which meet ADA standards for $27,916.67, including delivery and pick-up.

MOTION: A motion was made by Council Member Bunker to award the bid to Dixie Waste in the amount of $27,916.67.
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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City Manager Gary Esplin advised that all bid items for the marathon are paid for by entry fees paid by the runners.

AWARD OF BID:
Consider award of bid for the Expo/ luncheons and pasta dinners for the marathon.

Purchasing Manager Connie Hood advised this is a sole source award in the amount of $40,000 to the Dixie Center, the only convention center large enough to accommodate the number of attendees.

MOTION: A motion was made by Council Member Allen to award the bid to the Dixie Center in the amount of $40,000.
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 stone medallions, sponsor plaques and gifts for the marathon.

Purchasing Manager Connie Hood recommended award of the bid to Kenworthy Signs in the amount of $50,280.

MOTION: A motion was made by Council Member Allen to award the bid to Kenworthy Signs in the amount of $50,280.
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 timing chips and timing service for the marathon.

Purchasing Manager Connie Hood recommended award of the bid to Championship Burns in the amount of $30,000.

MOTION: A motion was made by Council Member Pike to award the bid to Championship Burns in the amount of $30,000.
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 BLANKET PURCHASE ORDER:
Consider approval of a blanket purchase order with the Purgatory Correctional Facility labor crew for the Parks Department.

Purchasing Manager Connie Hood recommended approval of the annual award for labor crews in the amount of $26,000.

Mayor McArthur commented the labor crews do a great job throughout the community including the City?s trails and parks and the Dixie Center.

MOTION: A motion was made by Council Member Shakespeare to approve the blanket purchase order in the amount of $26,000.
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 solar panels and an inverter.

Purchasing Manager Connie Hood recommended purchase through the State contract with AEE Solar Inc. at a discount off the list price of 25% to 35%. The total cost is $498,798. She advised that this is a cost reimburse/cost share type expenditure.

Energy Services Director Phil Solomon advised that the initial install, 1 kW, is enough for 25-30 homes. The customer will purchase units or shares in the solar farm which the City will own and operate. The customer?s discount for 1 kW will be about a 20% discount on their overall power bill throughout the year. The customer will not be buying shares in the

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solar farm for the economic benefit, but rather to lower their carbon footprint and help the City as a community meet its renewable portfolio standard. Staff is looking at ways to reduce costs and bids on excavation. The State bid was used for the panels. The City has formed a partnership with Dixie REA so their customers can also participate as long as they are St. George residents. The initial cost for one unit is $6,000, or a half unit at $3,000. Enough space at the site will be cleared for 2,000 kW, and there is additional space if needed. He advised that putting a solar panel on a private home costs between $10,000 to $12,000 for one kW, plus additional tax credits.

MOTION: A motion was made by Council Member Bunker to approve the purchase through AEE Solar, Inc. in the amount of $498,798.
SECOND: The motion was seconded by Council Member Allen.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

SPECIAL EVENT PERMIT:
Consider approval of a special event permit for a haunted house at the Red Cliffs Mall. Brent Martin, B&B Productions, applicant.

City Manager Gary Esplin advised that staff reviewed the request and there are no outstanding issues.

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 HEARING:
Community Development Director Bob Nicholson advised that the Planning Commission, at its meeting held August 26, 2008, recommended a public hearing be scheduled for October 2 to consider a zone change amendment to an existing PD Residential zone at the northeast corner of Tonaquint Drive and Mesa Palms Drive for a Beehive Home which is currently under construction.

MOTION: A motion was made by Council Member Bunker to set the public hearing 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.

ROAD DEDICATION PLAT:
Todd Jacobsen presented a road dedication plat for 2640 East and 2710 East located off Crimson Valley Road on the south side. The Planning Commission recommends approval.

MOTION: A motion was made by Council Member Allen to approve the final plat.
SECOND: The motion was seconded by Council Member Almquist.
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 an office building with four stories to a maximum height of 58' to the top of the parapet wall at 1100 East Tabernacle Street just south of St. George Blvd. Mark Dickerson, applicant.

City Planner Ray Snyder advised the name of the project is the Smith Memorial Building. The site is zoned C-3. The garage will be adjacent to the building but not underneath it. There is a level parking lot around the building. The request has been heard twice by the Planning Commission and the building has dropped 6' from the original proposal. The Planning Commission reduced the setback for the parking structure itself. He then presented a fly-by of the project. The Planning Commission recommended approval subject to (1) the building color and materials shall be per the August 26, 2008 submittal to the Planning Commission and the September 4, 2008 submittal to the City Council; (2) the building height is approved for a maximum height to the top of the parapet of 58' and a maximum roof height of 51'; and (3) receive approval from the Planning Commission for a reduced setback for the south and west side of the property. The Planning Commission also asked that the roof be painted.

Members of the City Council commented they would like a site visit.

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Council Member Almquist inquired about landscaping on the north side of the project.

Paul Warnock, architect, advised there is an 8' retaining wall that would bury any landscaping and UDOT is the property owner to the north.

Council Member Almquist advised that necessary steps should be taken to hide some of the height of the building by using natural vegetation.

Mr. Warnock advised that to be effective with landscaping, UDOT would need to be approached to see what they will allow on the hill.

Mayor McArthur advised that the property has to be allowed to be used for something and it is in a business district. The proposed project fits the use and area and the only question is with regard to the building height. He asked the applicants to put balloons in the air indicating the building height from all four corners and the matter would be rescheduled on the next City Council agenda.

City Manager Gary Esplin commented he doubted much of the building would be seen from the south, and the building may set a tone for what the City would like to see along Tabernacle. This area is in transition and the height of the building does not seem too far out of line.

Mark Dickerson, owner, commented they have gone to a lot of work to make the project attractive. The site is on a dead-end street, and the adjacent freeway is also elevated.

City Manager Gary Esplin commented a crane could position its boom at the top of the building height, as has been done in the past. The fly-by was good but gave a false sense of the height from the south. He advised the matter would be rescheduled on the next City Council agenda.

A site visit was scheduled for Thursday, September 18 at 3:00 p.m.

Mayor McArthur advised the applicant to have balloons mark the height of the four corners of the building, or he could volunteer a piece of equipment to mark the height.

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

SPECIAL RECOGNITION:
Police Chief Marlon Stratton introduced Patrol Sergeant Al Gilman and recognized him for his brave actions in trying to stop a suspected drunk driver while off-duty. Sergeant Gilman was injured in the attempt. Chief Stratton expressed appreciation to Sgt. Gilman for a job well done.

Sgt. Gilman commented he and his family moved here 13 years ago to work for the St. George Police Department. He expressed appreciation for that fact that he could take action while not involving anyone else and that everything happened right that day.

Mayor McArthur expressed appreciation to Sgt. Gilman for a job well done.

City Manager Gary Esplin commented that Sgt. Gilman could have chosen to not get involved, but he did get involved and this says a lot about his character.

Sgt. Gilman expressed appreciation to the Mayor, City Council and Police Chief for their support.

AGREEMENT:
Consider approval of an agreement with Lynne Clark for a sesquicentennial book of remembrance.

City Manager Gary Esplin explained that as discussed in the work meeting, staff recommends approval of an agreement with Lynne Clark for a sesquicentennial book of


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remembrance up to $30,000, with only $15,000 committed at this time in order to see what the work product is in five to six months from now.

Mayor McArthur commented the sesquicentennial is January 2012 and there is a lot of work to do.

Lynne Clark advised she has 15,000 photos in her collection, with 3,400 of them about St. George. She advised she has a full photo history of all the firemen in St. George.

Council Member Bunker inquired what the $15,000 would guarantee.

Mayor McArthur advised it would cover whatever work Ms. Clark does up to that time, including the photos. The City would own the collection of photos.

Ms. Clark advised not all 3,000 photos would be put into the book. The book will be 150-200 pages. She advised if for some reason she were not able to finish the book, to satisfy the $15,000 or $30,000 paid by the City, the City would own that many photos, but not the negatives and not the collection; just the photos of St. George.

Council Member Bunker suggested the number of photos be included in the agreement.

City Manager Gary Esplin commented that the City would make sure it is getting value for its money.

MOTION: A motion was made by Council Member Almquist to approve the agreement in the amount of $15,000 immediately, with the caveat that there is $15,000 more for completion of the book, and with a status review in six months.
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 was then excused from the meeting and Council Member Allen assumed the role of Mayor Pro Tem.

PUBLIC HEARING/PRELIMINARY PLAT:
Public hearing to consider approval of the preliminary plat for the Painted Desert Professional Plaza with six building pads located at the corner of 2450 South and River Road. Ence Homes, applicant.

Jay Sandberg explained that the City Council previously approved a PD for this development on July 10, 2008. There was discussion at that City Council meeting that no retail would be allowed, the units would be single story and would be stucco and stone with a tile roof. The units would have a residential appearance and would not exceed 22' in height. Access is from 2450 South and the first entrance shall be right-in only and the second entrance may be full access. There will be a deceleration lane on River Road. The pad grades adjacent to River Crest will be within one foot of the existing elevations. Cross sections showing the elevation grade change between River Crest and the development must be approved with the preliminary plat. There was discussion at the Planning Commission meeting about access, and there are two possible locations. Staff presented an alternate driveway location that moves the westerly driveway further west. This site provides good visibility in both directions without the need to have a 45' wide line of sight area on private property and still accommodates the site. The developer does not support staff?s recommendation because building no. 1 would need to be relocated and internal circulation and parking would be affected. The Planning Commission recommended that the driveway be located as recommended by staff.

Mayor Pro Tem Allen opened the public hearing.

Vince Clayton, representing Ence Homes, distributed a packet of materials showing the cross sections and read an 11 point summary. He advised that AASHTO standards are exceeded in most instances and the project meets all standards for a PD Commercial project. He advised that if the alternate suggestion of staff for location of the driveway were used, the site would have to be elevated an additional two feet and would not be as friendly to neighbors and would also bring traffic into the project at the backyards of the neighbors, as opposed to placing buildings there which are quieter and more friendly

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and do not pollute the air. He stated the project should not be held hostage because of other projects that have not worked out, and with the low traffic impact at this location, the plan should be approved.

Tyler Hoskins advised the substandard curve off River Road is a 100 foot curve and the City?s minimum standard is 185 feet. He stated he had a discussion with staff about the possibility of lowering the design criteria for a lower speed than tagged, and a 35 mph design speed may be excessive. The problem exists because of a substandard curve, and two accesses into the existing subdivision which are too closely spaced.

Council Member Bunker inquired why the level of the property would have to be raised.

Mark Fonger, design engineer, replied the pads in the new layout would have to be raised in order to make them flow with the existing townhomes. The pads would have to be higher to get the drainage out the west side.

Council Member Almquist inquired about the detention basin.

Mr. Fonger replied that detention will be above-ground and will gravity flow out into the street.

Mr. Hoskins advised a traffic signal is planned for the intersection of 2450 South and River Road and traffic volumes are already approaching the warrants. 2450 South will be a 50' local two lane street. He advised that the speed limit is currently 25 mph but it could be posted lower because of the curve. He advised that they also considered straightening out the curve but this did not help.

Mayor Pro Tem Allen inquired if the applicant were amenable to the idea of an island.

Mr. Hoskins replied that in his opinion it would make it convoluted but he was not against looking at it.

Council Member Almquist commented that staff says people at the west entrance need to see behind buildings 2 and 3 for traffic purposes. He inquired of the applicant if they would commit to not putting anything there over a certain height.

Troy Ence replied that he would make that commitment.

Jay Sandberg replied that staff has not had good experiences with good sight triangles.

There being no further comment, Mayor Pro Tem Allen closed the public hearing.

Council Member Pike commented he did not think that adding an additional two feet to the site elevation would be good for the neighbors.

Council Member Almquist commented he felt this project was slightly less offensive than anything else proposed for the site.

MOTION: A motion to approve the preliminary plat and outlying traffic patterns as submitted by the applicant was made by Council Member Almquist.
SECOND: The motion was seconded by Council Member Pike.
VOTE: Mayor Pro Tem Allen called for a vote, as follows:

Council Member Almquist - aye
Council Member Pike - aye
Council Member Shakespeare - aye
Council Member Bunker - nay
Mayor Pro Tem Allen - aye

The motion carried.

Mayor Pro Tem Allen called for a brief break. Upon conclusion of the break, the meeting continued.



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PUBLIC HEARING/ZONE CHANGE/ORDINANCE:
Public hearing to consider a zone change from A-1, RE-12.5, and RE-20 to Traditional Neighborhood District (TND) on 43 acres located at the southeast corner of 2000 South and 3000 East Streets in the Washington Fields area. Bart Coon, applicant.

Community Development Director Bob Nicholson explained that two years ago a plat was approved for this site called Crimson Valley Estates under RE-12.5 zoning. The applicants decided not to proceed with the project and are now proposing a TND. There are single family subdivisions across the street to the west which have been approved but not built. The applicants propose 33,000 sq. ft. of commercial, either office or retail. 447 dwelling units are proposed with 35 single family homes, most on the perimeter. There are 42 twin homes and four plex units, and 240 dwelling units proposed in 10 three story buildings, each with 24 units. 100 units are proposed in the assisted living facility on the corner of the project and 30 in mixed use would be residential units above office or retail. The TND code does not have a density limit but is based on good design which means that the project integrates into the neighborhood in a good manner. The project has good aspects such as mixed use and Vision Dixie principles, but after two considerations by the Planning Commission, they unanimously recommended denial based on the mix of housing units. They felt ten three story buildings in this area was not the right mix and they asked the applicant to come back with primarily single family homes. The Planning Commission felt the project did not have the look or feel of a TND but instead an apartment complex. A number of neighbors spoke in opposition to the project. The buildings will have asphalt shingles, instead of tile roofs as spoken earlier. He advised that the project is in a rural area and a lot of the neighbors surrounding the project have large animals and are concerned about the high density project. There is an irrigation canal along 3000 East and a proposed equestrian trail. He advised that the applicant would have to widen 3000 East and improve the frontage.

Council Member Pike commented he was not surprised the Planning Commission recommended denial as he did not think the project fits the area and does not appear to be a TND.

Mayor Pro Tem Allen opened the public hearing.

Jay Ballwinkle commented that the owners have to have the density to offset the cost of the open space. The project has a pool and trails and lots of open space. Making the units single family eats up a lot of open space. Since the Planning Commission meeting a row of single family units has been added. The developer says that the less density there is, the less quality there will be in open space. The project was based on the Daybreak project.

Council Member Pike commented in his opinion there was too much density.

Mr. Ballwinkle inquired where the density needed to be and the range.

Mayor Pro Tem Allen commented that the density was overpowering and this will set a precedent for too much density.

Council Member Bunker commented in her opinion a TND meant creativity where sections are not cordoned off with single family around the outside of the project and high density inside the project. She stated she felt that down the road the project would turn to rentals and the project did not feel like a TND or compare to the ones she has seen.

Mr. Ballwinkle commented that the garages cannot be seen from the street and they followed TND guidelines.

Council Member Shakespeare commented she felt the project had no balance between high, medium and low density units and that it did not integrate into the Little Valley area.

Council Member Almquist commented it appears to be a marvelous college housing project, but lended itself to be more transient in nature 10-15 years down the road. He advised that the project is surrounded on four sides by A-1 and R-1-10 zoning. He


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inquired of the applicants if they had considered land elsewhere not surrounded by A-1 zoning for the project.

Mr. Ballwinkle replied this site was a logical place for a TND because of the new airport. The City?s master plan was used as a guide with regard to density and is within the range of the Little Valley master plan.

Mayor Pro Tem Allen commented the problem lies in that the Council did not envision 12-14 units of density on every acre.
Mr. Ballwinkle inquired what number the City was looking for.

City Manager Gary Esplin replied that there is no set number. A TND is about design and mix, and 43 acres is the minimum amount to do a TND in the City. A true TND needs to be a lot larger than that. Staff?s position is the proposed project is too dense, there are not enough single family homes and not enough buffer and perhaps a TND cannot be done on this size parcel. Staff and the Planning Commission all unanimously feel this project does not seem to fit what the City is looking for in a TND.

Mr. Ballwinkle commented that the Planning Commission was comfortable with the four buildings in the inside of the circle; their concern was with the six buildings on the outside.

Council Member Bunker inquired if the applicant had considered having some of the larger buildings border the school, rather than the single family homes.

Mr. Ballwinkle replied that it would be awkward to have that large of a structure next to a school.

Council Member Bunker commented that it bothered her that all the tall buildings are clustered together and the homes are all in one section and isolated.

Farns Edwards advised that he lived to the east of this project, and while it was beautiful, it would be even more beautiful located somewhere else. He expressed concern with the high water table in this area. Additionally, the people who live in this area do so because the area is zoned A-1 and they are able to have large animals. The proposed project is surrounded by livestock which stink and the residents of the proposed project will complain.

Mayor Pro Tem Allen advised that a right to farm for the area residents will be noted on the plat.

Mr. Edwards continued saying that when enough people complain long enough, the use in the area will change and the ones who moved there to have livestock will be voted out. He stated there was no way to do the project without importing a great deal of dirt to build up the site which will increase ground pressure on the water table and cause it to come up. He advised that the manholes in 3000 East are sinking due to the water in the area.

Mayor Pro Tem Allen advised that drainage will be addressed when the applicant comes in for preliminary plat approval.

Mr. Ballwinkle showed slides of the Kentlands project.

Mayor McArthur arrived.

Mr. Ballwinkle advised that with regard to the water table, the project engineer found a solution to make it work. A traffic impact study was done and no impact was found.

Mayor McArthur inquired of the applicant if they had considered property further out for the project, as the project is too dense for a horse area which was planned to be half-acre lots.

Community Development Director Bob Nicholson commented that the area has two designations - medium density at four to seven units per acre, and medium high density at seven to ten units per acre.

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Corey Hughes, a property owner to the south, advised that he owned four acres and wants open space. He commented that no developer helped him pay for his open space. He inquired when the rezoning would stop as he has lived here his whole life and is being pushed out of the City.

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

MOTION: A motion to deny the zone change was made by Council Member Pike based on the fact that the project is too high in density given the surroundings, even though it may meet the TND concept. He commented he would prefer to see the applicant come back with something less than three story buildings.
SECOND: The motion was seconded by Council Member Bunker.

Council Member Shakespeare commented that Little Valley is considered an agricultural area.

Mayor McArthur commented that the Little Valley area is in transition, but a project has to fit the area.

City Attorney Shawn Guzman commented that it is clear the general plan allows for this type of development, and it sounds like the feeling of the Council is there are too many large buildings clustered together which creates a concern for the overall density in this area.

Council Member Pike commented that the project barely meets the minimum required acreage for a TND and it feels like the applicants are trying to do too much in a small space.

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

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

The motion carried.

Council Member Allen suggested the applicant be allowed to resubmit a zone change request without having to pay a fee.

MOTION: A motion was made by Council Member Almquist to waive the zone change application fee for the same project on the same piece of ground within six months.
SECOND: The motion was seconded by Council Member Allen.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

PUBLIC HEARING/PRELIMINARY PLAT:
Public hearing to consider approval of a preliminary plat for Wailea Falls Phase 4 with 32 detached single family lots located in the Stonebridge development and adjacent to Wailea Falls Phase 2.

Jay Sandberg explained that this issue came before the City Council a year ago at which time there was considerable discussion about a second access. Over the past few months the developers have worked with property owners and the City and have come to an agreement that this second access road will be chip sealed. It is a service road for the golf course and property owners and farm operations and provides emergency access for the area. Staff recommends that the project move forward. The width of the second access will be chip sealed to 24-25 feet in width.

Council Member Almquist inquired if the developers had worked out an agreement with Santa Clara City over utilities.

Mr. Sandberg replied he was not familiar with that.

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Council Member Almquist explained that when Wailea first acquired this property, to the west was a drop-off and they talked about getting sewer access through the river, and Santa Clara needed to give some property for this purpose.

City Manager Gary Esplin commented that he did not remember this either. The problem which was addressed when this property was originally purchased dealt with how the developer was going to get access to utilities partially in St. George and partially in Santa Clara. The biggest concern staff has is that there are a lot of units with one access, so while this is called an emergency access, it should be an open access and not blocked off. The other matter is there has been no firm answer on whether it is ok to chip seal the road in Santa Clara. Since this road comes into St. George, it may be the only chance to get full improvements put in.

Jay Sandberg replied that anything built in the City will be full improvements.

Rick Rosenberg, representing the applicant, commented that access will follow the existing dirt road and will be chip sealed to 25' to Malaga Avenue in Santa Clara. A private gate is anticipated in the future. He advised that construction vehicles will not use the private streets. As Phase 5 is developed the gate will move into the public street and the frontage will be improved with a full culdesac turnaround.

City Manager Gary Esplin inquired about the dirt pile.

Mr. Rosenberg replied that it was still there but it will be removed as part of Phase 4.

City Manager Gary Esplin expressed concern that the project would receive approval but improvements would not be made until the market was right and it would be another two years before the area is cleaned up.

Mr. Rosenberg replied that the applicant has expressed a willingness to move the material if the preliminary plat is approved and a grading permit is obtained.

City Manager Gary Esplin suggested this be made a condition of approval.

Mayor McArthur opened the public hearing.

Paul Killpack, a resident of Wailea Falls, presented two letters from residents who could not be present. He said that as part of Phase 3 the developer said he would block off the road so contractors could not use the private streets in Wailea Falls. Mr. Killpack suggested that the gate on the back be a one-way gate so it could not be used as a short-cut through Wailea Falls by new development in Santa Clara. He expressed concern that emergency vehicles would not be able to use the narrow road.

City Manager Gary Esplin replied that the width standard for streets will be met, and the Wailea Falls HOA needs to enforce no parking on their streets. He advised that the gate could not be a one-way gate and would have to be put in with this phase.

Rick Rosenberg commented that a temporary gate can be put in as part of Phase 3 while Phase 4 is constructed to provide security to keep contractors out.

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

MOTION: A motion was made by Council Member Bunker to approve the preliminary plat as proposed with the gate installed as part of Phase 3 and access to Santa Clara chip sealed and graded.

Mayor McArthur suggested that a provision be added in the motion restricting construction access from the backside through the development.

City Attorney Shawn Guzman suggested that a sign be installed restricting construction access.

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


St. George City Council Minutes
September 4, 2008
Page Twelve

PUBLIC HEARING/AMEND GENERAL PLAN/ZONE CHANGE/ORDINANCE:
Public hearing to consider a request to amend the City General Plan Land Use Map by changing the land use designation from Medium Density Residential to High Density Residential on 1.3 acres located at approximately 600 South and 850 East. Alice Thallmayer, applicant.

And

Public hearing to consider a zone change from R-3 to R-4 on 1.3 acres located at approximately 600 South and 850 East. Alice Thallmayer, applicant.

City Planner Ray Snyder explained the property shape is triangular and there are currently eight units on the property. The applicant would like to build a large building with 15 units and parking underneath. The first step in the process is to have the general plan amended to high density, and then a zone change will be needed. The property is located between the Dixie College campus and the I-15. Land to the north is high density residential and to the west is multiple family housing. The Planning Commission recommends approval of the general plan amendment and zone change subject to a reciprocal access agreement.

Nathan Hall, Iron Ridge Civil Solutions, advised that student housing was something the applicant considered a few months ago, but is not pursuing it at this time. There is enough parking for student housing, but right now one, two and three bedroom townhomes are planned.

City Manager Gary Esplin commented that the market in that particular area is for student housing. He inquired if the units would be purchased and then rented out to students. He inquired who then would police how many beds were in each room, or if there would be CC&Rs or a HOA to prohibit renting of the units.

Community Development Director Bob Nicholson advised there was R-4 zoning to the north.

City Manager Gary Esplin advised that the zoning in this area was intended to accommodate college housing. He stated in his opinion it would make sense to make the project student housing from the start because that is what it will turn into. He stated that the City?s purpose is not to tell someone what to do with his or her property, but based on history, the units will turn into rentals.

Council Member Shakespeare commented at the Planning Commission meeting it was mentioned that the reason the project was not college housing was because there was not enough parking. She stated she felt the City had a responsibility to protect the integrity of land around the college campus for college housing.

Ray Snyder commented that any time there are more than 12 units, a conceptual site plan is required, and the applicant did not submit one, and the project would have to come back to the Council for design review.

City Manager Gary Esplin clarified that the issue is whether the City Council wants to amend the general plan for higher density. By approving the amendment this would allow additional density for college housing. If the applicant does not want to do college housing, the Council would have to decide whether they wanted additional density in the area for a townhome project. To approve a master plan amendment and zone change without making a decision on the ultimate use of the property would be a mistake. He recommended that the master plan amendment for higher density be approved which would allow the applicant to come back with a higher density student housing project.

Council Member Shakespeare inquired about parking.

Mr. Esplin replied that parking could not be considered as part of the master plan amendment. The applicant would have to do engineering on the project, and the zone change is a separate issue and would have to be considered at a late date on its own merits. He advised that a townhome project for student housing might be great, but it would have to have sufficient parking for student housing.


St. George City Council Minutes
September 4, 2008
Page Thirteen

Mayor McArthur opened the public hearing for both the master plan amendment and the zone change. There being no public comment, he closed the public hearing.

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

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

The motion carried.

City Manager Gary Esplin suggested that if the zone change is denied, the zone change fee could be waived for a resubmittal.

MOTION: A motion was made by Council Member Pike to deny the zone change and waive the fee for resubmittal within six months.
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 Bunker - aye
Council Member Allen - aye
Council Member Almquist - aye
Council Member Shakespeare - aye

The vote was unanimous and the motion carried.

PUBLIC HEARING/ZONE CHANGE/ORDINANCE:
Public hearing to consider a zone change from M-1 to C-3 on 2.43 acres located at the southwest corner of 750 North and 3050 East Streets south of Costco. Bruce Keetch, applicant.

Community Development Director Bob Nicholson explained the zone change is needed for construction of an America First Credit Union. The Planning Commission recommends approval. At the Planning Commission meeting there was quite a discussion on the site plan and traffic. A right-in right-out only driveway is required by staff for the driveway closest to 3050 East Street, and one full access. Engineering recommends a median be located in 750 North Street to prevent left turn movement. This issue will be decided upon during the site plan review process.

Dee Hansen, applicant, explained the building will be about 5000 sq. ft., similar to the one on Sunset Blvd. The 3000 sq. ft. upstairs level is for employee training. There is adequate parking. Access is being shifted further to the west to provide adequate distance from the intersection. Major traffic at the site will be for the drive-up facility. The access point has been lined up across from the Costco driveway. He requested flexibility to work with the final site plan.

City Manager Gary Esplin replied that staff will do whatever City policy requires.

Mr. Hansen advised that a traffic study was done. The only traffic will be off 3050 East.

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

MOTION: A motion was made by Council Member Allen to approve the zone change.
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

St. George City Council Minutes
September 4, 2008
Page Fourteen

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

The vote was unanimous and the motion carried.

PUBLIC HEARING/ZONE CHANGE/ORDINANCE:
Public hearing to consider a zone change from M-2 to PD Commercial and Residential on 17.35 acres located at 415 South Dixie Drive (the former Moore Business Forms building). Marv Blosch, applicant.

City Planner Craig Harvey explained the name of the project is Sunbrook Ranch. It is a mixed use project with a horizontal configuration. Staff and the Planning Commission recommend that rubber welding and truck terminal be deleted from the list of approved industrial uses. The applicant agrees. He then reviewed the various phases of the project and advised there is a total of 1.1 parking spaces per unit which is under the required two parking spaces per unit, however, the Planning Commission felt the parking would be adequate considering the senior independent living units. Access is off Dixie Drive aligned with Alienta Drive. A separate entrance is proposed on the north end of the site with a right-in right-out driveway and deceleration lanes for both entrances. He then reviewed the building concepts. The Planning Commission recommends approval subject to deleting rubber welding and truck terminal from the list of approved industrial uses.

Council Member Allen inquired if a soccer center and fitness center would conflict with senior living.

Marv Blosch, applicant, advised that the soccer field is currently under construction. As a result of planning review, extensive remodeling is needed with regard to the handicap access. He then reviewed the project elevations and independent living portion of the plan. The soccer field should be open within the next 45 days. He stated he felt the recreation uses were transitory and would be phased out over time. Phase 4 includes demolition of the warehouse, but he did not see that happening any time soon as it would be market driven. None of the buildings are close to neighbors, with the closest at 75-100 feet away. He advised he met with neighbors in Mathis Park and others and had their total support. They did have some questions about dust and heavy equipment which he alleviated.

City Manager Gary Esplin commented the proposed project is light years ahead of what could go in on this property. Staff feels the applicant has done an excellent job and will provide a great benefit to the Green Valley area.

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 the zone change.
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 Pike - aye
Council Member Almquist - aye
Council Member Allen - aye

The vote was unanimous and the motion carried.

POLICY:
Consider approval of a policy for maintaining water lines in planned unit developments.

City Manager Gary Esplin explained that previously the AOPC asked the City to take over responsibility to maintain water lines in PUDs. The City agreed to a trial period. Based on review by the Water Services Director, it appears there were no problems and staff recommends assumption of that responsibility if the lines meet City standards.

St. George City Council Minutes
September 4, 2008
Page Fifteen

Water Services Director Barry Barnum explained that the original agreement specified a three year trial period. During this time the cost of any repairs would be split between the City and the HOA. If at the end of three years it was not any more expensive to maintain the lines in the HOA than normal City lines, the City would accept those lines. The trial period is over and he recommended that the City assume full responsibility for lines in the streets only.

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

Mr. Barnum clarified that this policy applies only for PUDs with 3/4" individual meters.

CONTRACT:
Consider approval of a contract with the Five County Association of Governments to help prepare the CDBG Consolidated Plan.

City Manager Gary Esplin explained the proposed agreement is to help the City with the CDBG program to update the original proposed master plan and consolidate it. The City does not have the staff to complete the task. The amount of the contract is $25,000 with Five County Association of Governments doing a portion of the plan, and City staff doing the remainder. Five County Association of Governments helped the City with the original plan. This work is eligible for CDBG funding and does not impact general fund revenues.

MOTION: A motion was made by Council Member Allen 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 MINUTES:
Consider approval of the minutes of the special City Council meeting held August 14, 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 August 21, 2008.

The minutes were not approved and will be rescheduled on the next agenda.

ADJOURN TO EXECUTIVE SESSION:
MOTION: A motion to adjourn to an executive session to discuss litigation was made by Council Member Pike.
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 Bunker - aye
Council Member Almquist - aye
Council Member Shakespeare - aye
Council Member Allen - aye

The vote was unanimous and the motion carried.

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

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Gay Cragun, City Recorder