City Council Minutes

Thursday, October 16,2008



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
OCTOBER 16, 2008, 4:00 P.M.
CITY COUNCIL CHAMBERS

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

OPENING:
Mayor McArthur called the meeting to order and welcomed all in attendance. The pledge of allegiance was led by Gay Cragun and the invocation was offered by Mayor McArthur.
Mayor McArthur invited two Dixie High School students and a Scout in the audience to introduce themselves.

TABLE ITEM:
City Manager Gary Esplin advised that Item 6D to consider approval of a conditional use permit to replace the existing veterinary clinic with a new and larger veterinary clinic for both small and large animals at 730 North Dixie Drive was tabled from the agenda.

AWARD OF BID:
Consider award of bid for 750 primary underground cable - 15 kV.

Purchasing Manager Connie Hood advised there are only two suppliers who are authorized distributors for this cable - Codale and Northern Power. She recommended award of the bid to Northern Power in the amount of $150,920.

MOTION: A motion was made by Council Member Allen to award the bid to Northern Power in the amount of $150,920.
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 CONTRACT:
Consider award of contract to Sunrise Engineering for commercial plan review.

Purchasing Manager Connie Hood recommended renewal of a blanket purchase order with Sunrise Engineering in an amount not to exceed $100,000 for commercial plan review.

City Manager Gary Esplin advised that the blanket purchase order is for a one year period. He advised that City staff does not review structural plans.

MOTION: A motion was made by Council Member Pike to approve the contract with Sunrise Engineering in amount not to exceed $100,000 for the year.
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 CONTRACT:
Consider award of contract to Wildan Inc. for commercial plan review.

Purchasing Manager Connie Hood recommended renewal of a blanket purchase order with Wildan in an amount not to exceed $65,000 for commercial plan review.

City Manager Gary Esplin advised that an applicant has a choice of which plan review company they would rather use - Sunrise Engineering or Wildan. The fees are the same.

MOTION: A motion was made by Council Member Bunker to approve the contract with Wildan, Inc. in an amount not to exceed $65,000 for the year.
SECOND: The motion was seconded by Council Member Allen.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

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October 16, 2008
Page Two

AWARD OF BID:
Consider award of bid for furnishings for The Fields, Phase 2.

City Manager Gary Esplin explained an addendum was approved for this item because of the short lead time for this project.

Purchasing Manager Connie Hood recommended approval of a change order with Red Canyon Contractors for the pavillion and kiosk in the amount of $45,485.40.

MOTION: A motion was made by Council Member Almquist to approve the change order with Red Canyon Contractors in the amount of $45,485.40.
SECOND: The motion was seconded by Council Member Bunker.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

Mayor McArthur announced that today is Wear Pink Day as part of Breast Cancer Awareness Month.

Mayor McArthur announced that the groundbreaking for the new airport will take place tomorrow at noon.

RESOLUTION:
Consider approval of a resolution declaring the intention of the City of St. George to make a pick-up election for City employees within the defined benefit plans of the Utah State Retirement Systems.

City Manager Gary Esplin advised a number of years ago the State went to two different types of non-contributory systems; six employees were left in the contributory system. This resolution would approve picking up their portion of that retirement in the same percentage the City gives everyone else. This is a housekeeping item.

MOTION: A motion was made by Council Member Pike to approve the resolution.
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.

SPECIAL EVENT PERMIT:
Consider approval of a special event permit for a triathlon. Summit Athletic Club, applicant.

City Manager Gary Esplin explained this is the third triathlon. The application has been reviewed by the Business License Division and Police Department and it appears there are no problems. Staff recommends approval.

Gene Trombetti, Operations Manager for Summit Athletic Club, advised the triathlon will be held this Saturday. A portion of the proceeds will go the Washington County Children?s Justice Center. Last year there were 100 participants; this year there will be 178.

MOTION: A motion was made by Council Member Pike to approve the special event permit.
SECOND: The motion was seconded by Council Member Almquist.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried
AGREEMENT:
Consider approval of an agreement with David Becker to provide a photographic history of the building of the Replacement Airport.

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City Manager Gary Esplin explained staff recommends approval of an agreement with Mr. Becker to document with photographs construction of the new airport. The amount of the contract is $675 a month.

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

AGREEMENT:
Consider approval of an agreement with OTM Development for the City to extend water and sewer lines to two lots in Racing Ranch Estates which OTM will develop within a year.

City Manager Gary Esplin advised that OTM is currently doing the 1405 North Dixie Downs project. The City would like to install sewer laterals to that project and is ready to pave 1425 North. By participating with OTM and putting in the laterals now, it will save the road having to be cut up at a later date to install the laterals. An agreement has been reached with the property owner that when the property is developed or sold the City will be reimbursed. He recommended approval.

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.

SET PUBLIC HEARINGS:
Community Development Director Bob Nicholson reported that the Planning Commission, at its meeting held October 14, 2008, recommended that public hearings be scheduled for November 6, 2008 at 5:00 p.m. to consider (1) a preliminary plat for Dixie Commons located at the corner of Dixie Drive and 1600 South; and (2) an amended preliminary plat for Foremaster Holdings located at the corner of Foremaster Drive and 1740 East.

MOTION: A motion was made by Council Member Allen to schedule the public hearings for November 6, 2008 at 5:00 p.m.
SECOND: The motion was seconded by Council Member Almquist.
VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried.

Mr. Nicholson advised that the Planning Commission tabled a request indefinitely with regard to the Dixie Veterinary Clinic on Dixie Drive. There was also a lot of opposition at the Planning Commission meeting to the request for a Southwest Federal Credit Union in Bloomington, and the Planning Commission recommended denial. The Planning Commission also recommended denial of a request for a general plan amendment in the Mesa Palms/Tonaquint area.

FINAL PLAT:
Todd Jacobsen advised that the Planning Commission, at its meeting held October 14, 2008, recommended approval of the final plat for Escalera Phase 3 located at approximately 2000 East and 1100 North.

Council Member Almquist inquired how many acres within this project were dedicated to the City.

Cathy Hasfurther replied that the project qualifies for orange fencing to mark the no-disturb hillside areas. She advised that she would ask the developer to either dedicate the no-disturb area to the City or mark the area that is not to be encroached upon.

MOTION: A motion was made by Council Member Shakespeare 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.



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October 16, 2008
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BUILDING DESIGN/CONCEPTUAL SITE PLAN:
City Planner Ray Snyder explained the building design/conceptual site plan is for the replacement airport terminal building. The owner is the City, and the representative is Airport Manager Rick Crosman. The terminal building will be two stories and 34,500 sq. ft. with potential for future expansion. He then reviewed a power point presentation covering the agenda, team, fact sheet, process, what sets the City of St. George apart, schematic refinements, and second floor plan. He reviewed staff?s comments.

Airport Manager Rick Crosman advised that the process has been instrumental in reviewing other terminal buildings to come up with a basic design if what fits here. The final interior layout is set and the architects are proceeding so construction bids can be let the first of next year. Everything is on track and looking good.

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

CONDITIONAL USE PERMIT:
Consider approval of a conditional use permit to construct a detached garage up to 19' in height located at 86 West Diagonal Street. Michael Sykes, applicant.

City Planner Craig Harvey explained a request has been received to construct a garage that will exceed the allowable 15' height. Zoning is RCC which requires a conditional use permit for any accessory building over 15' in height. Adjacent property is single family residential. The proposed garage will be 19' in height. The home is on the historic register and the design of the garage will match the home?s existing architecture. The reason for the 19' height is so the pitch of the roof will match the roof pitch of the home. The conditional use permit and building permit is contingent upon approval of an optional merger application of the applicant?s two properties. The Planning Commission recommends approval based on aesthetics and height and maintaining the purpose and character of the site.

Council Member Bunker inquired if the garage would contain bathroom facilities.

Mr. Harvey replied it would not. The building will be used as a garage and have a small storage room. He advised that the applicant has offered to use the same colors as used on the home.

Council Member Allen commented there is a letter in the City Council packet from a neighbor supporting the request.

MOTION: A motion was made by Council Member Pike to approve the conditional use permit.
SECOND: The motion was seconded by Council Member Shakespeare.
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 replace the existing veterinary clinic with a new and larger veterinary clinic for both small and large animals at 730 North Dixie Drive. Dr. Craig Brinkerhoff, applicant.

This item was tabled.

CONDITIONAL USE PERMIT:
Consider approval of a conditional use permit to convert the existing Dixie Cove Apartments at 233 South on 1000 East street into an assisted living facility. Greg Sant, applicant.

City Planner Ray Snyder advised that the zoning is R-4 and the general plan supports high density residential. The existing building was historically an assisted living facility, then converted into apartments. The request is now to convert the building back to an assisted living facility. The applicant is requesting 18 beds. There is a basement with 5 beds. Parking has been calculated for the first level at one space for every three beds.

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The basement will be used for housing nursing students. Nothing will be done to the exterior of the building; only to the interior to meet handicap accessibility requirements. The Planning Commission recommends approval with the condition of a maximum of 18 seniors and a maximum of five college students. He then read the findings and conditions set by the Planning Commission. A letter from the applicant has been received advising that he contacted the College to talk about student housing.

Greg Sant, applicant, explained that five to ten years ago the project was converted to student housing. He advised that he owned an assisted living center in Hurricane and is currently building one in Santa Clara. He explained the State of Utah oversees convalescent care and there are five different types of licenses. He advised he is proposing Level One care and hopes the residents will be healthy enough to use the College facilities. He advised he spoke with Pres. Nadauld and Stan Plewe about student housing and future needs, and if the facility needs to be converted back to student housing at some time in the future, he advised he would be happy to cooperate and sell the facility to the College or develop student housing.

City Attorney Shawn Guzman explained that staff has analyzed the proposed facility as a rest home or convalescent hospital. He advised that a residential facility for the elderly is the lowest level of care requirement for the elderly. He inquired if the nursing students would be considered as staff.

Mr. Sant replied that the students will be working for their room and board and also paid a salary.

Mr. Guzman inquired if it would be a requirement that the students be nursing students.

Mr. Sant replied that they would not have to be nursing students. Level One care does not require registered nurses, CNAs or students.

Mr. Guzman commented he was not sure if the City would be approving apartments with a rest home facility, or a residential facility for the elderly.

Mr. Sant replied it is a residential facility for the elderly.

City Attorney Shawn Guzman commented that the City Code does not mirror what the State does. He inquired of the applicant if he would be willing to commit that the basement would be rented to Dixie College students only.

Mr. Sant replied that he had no problem committing to that.

Council Member Shakespeare commented that at the Planning Commission meeting, it was presented that the students would be part of the College nursing program.

Mr. Sant replied that is his intent, but he cannot force them to be.

Mayor McArthur clarified that the basement would be for students only.

Mr. Sant replied this was correct.

City Attorney Shawn Guzman commented that in consideration of the apartments, the City Council would be willing to classify the facility as a convalescent hospital if the basement is limited to students.

Mr. Sant replied that this would be fine.

Community Development Director Bob Nicholson advised that under the multiple family zones, rest homes and convalescent hospitals are allowed with a conditional use permit. Convalescent hospital is a generic term which includes nursing homes and assisted living homes with not more than eight residents. This request falls under the category of convalescent hospital.




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MOTION: A motion was made by Council Member Bunker to approve the conditional use permit with the stipulation that the basement be for students only.

Council Member Shakespeare clarified that otherwise this request would be approved as a rest home which would not allow apartments, and in order to obtain the conditional use permit, the applicant is agreeing to house students only in the basement.

Mr. Sant replied that this was correct.

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/ZONE CHANGE/ORDINANCE:
Public hearing to consider approval of a zone change from R-1-6, R-1-8 and R-1-10 to C-2 on 4.51 acres located on the north side of Riverside Drive at about 2200 East. Darcy Stewart, applicant.

Community Development Director Bob Nicholson reviewed the site plan. He commented the General Plan shows the area as future commercial. Based on that, the Planning Commission recommended approval.

Darcy Stewart, applicant, advised that he serves on the Board of Directors for the Dinosaur Museum. There is a timing issue based on the economy, but he desires to make this site a nice spot.

Council Member Allen inquired of Mr. Stewart what he would do if he unearthed dinosaur tracks on his site.

Mr. Stewart replied he would move them to the museum across the street.

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

Council Member Almquist suggested that there may be track-bearing stone where there currently is excavation and it would be good to check this out.

Council Member Bunker replied that this area is being watched closely by the Museum?s palaeontologist.

MOTION: A motion was made by Council Member Allen to approve the zone change by ordinance.
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 Shakespeare - aye
Council Member Bunker - aye
Council Member Pike - aye

The vote was unanimous and the motion carried.

Mayor McArthur again announced the new airport groundbreaking tomorrow at noon.

PUBLIC HEARING/ZONE CHANGE/ORDINANCE:
Public hearing to consider approval of a zone change from RE-20 to PD Residential on 14.58 acres located at approximately 3000 South west of Little Valley Road. John Fleming, Bonneville Builders, applicant.

Community Development Director Bob Nicholson reviewed the site plan. He advised that the master plan for Little Valley was adopted by the City in March, 2007. Property in this area was designated as medium high density, with most as medium density, four to seven units per area. The reason why the City went through this process was the idea that there are certain areas in Little Valley which could accommodate more compact

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development, such as around schools. The subject site is across the street from two schools and a regional park. In June 2006 the applicants received approval for a subdivision with half-acre lots. The subject site is located within the density bonus overlay zone. Even though the site is designated as medium density, the City is not going to give away the density and an applicant has to earn it through providing certain amenities. They have to provide 15% of the land for open space, parks, and trails. This applicant is providing that open space through a community garden and green courts which will be maintained by a HOA. The area along 3000 South will have green courts and nine homes around a common green, with alleys in the back to access garages in the rear. The pavement will be the same as a public street, with curb and gutter and a four foot planter strip and a four foot sidewalk. Homes which front on the street will access their garages by an alley. There are three distinct housing products. According to the City Code, there are three factors which must be met in order to get increased density, and the Planning Commission and City Council must feel that the project has a superior design. The Planning Commission spent considerable time on this issue and the applicant has prepared an in-depth response to this topic. The applicant proposes, and staff agrees, that the homes are well planned; they are single family detached homes. The green court concept is new to St. George but has worked well in other places. There are no privacy walls, the alleys are 20-25' in width, the pavement width is 29' with a 4' planter strip and 4' sidewalk and a 10' setback. He reviewed nearby equestrian uses. A question was raised at the Planning Commission meeting about a buffer from nearby equestrian uses; the buffer is from identified equestrian subdivisions such as Little Valley Ranches and Little Valley Ranchos. There was also discussion about compatibility between people who have horses and those who do not and if this will create a conflict. If the project is approved a note will be placed on the plat putting new residents on notice that they are living in an agricultural area with the accompanying odors and other things typical to an agricultural area.

Council Member Bunker inquired if the setbacks were staggered in order to have private streets.

Mr. Nicholson replied that setbacks can be staggered on public streets too; the problem is the City Code requires a 20' minimum setback unless in a TND. The applicants are proposing a 10' setback which does not meet public street standards. He advised that the City could changes its standards, or the applicant could do a modification and meet the setback requirements.

Mayor McArthur commented that private streets have been an issue and the City has been trying to move away from them. However, a TND also contains other things, such as commercial. The proposed project meets Vision Dixie principles.

Jim Raines, Bush and Gudgell, reminded the City Council that the applicant submitted the Fredonia Estates project for this same property which met current zoning, and the City Council asked the applicant to wait for the new General Plan. They did that and worked with neighboring properties to try and develop a good plan. Mr. Fleming is trying to follow the City?s General Plan and Vision Dixie and incorporate concepts of both. The private streets meet all public street standards except for the setback. The applicant wants to bring the houses close to the street for livability and to be pedestrian-oriented. This cannot be done with 20-25' setbacks. The project meets the bonus density, General Plan and PD criteria, as well as Vision Dixie principles.

Council Member Bunker inquired if the canal and drainage were addressed.

Mr. Raines replied that the canal is no longer needed as there is on-site detention and the irrigation water has been piped.

Mayor McArthur inquired if there is secondary water.

Mr. Raines replied that there is.

Mayor McArthur suggested that language in the deed restriction be changed to say that agricultural operations SHALL not be forced out, instead of SHOULD not be forced out.



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Community Development Director Bob Nicholson advised that the Planning Commission recommended denial on a four to one vote.

Council Member Allen inquired about the basis for denial.

Mr. Nicholson replied that there were no findings per se, but the Planning Commission felt there was incompatibility between the large lots with horses and more compact lots.

John Fleming, Bonneville Builders, applicant, advised that when he was asked to re-approach the project following approval of the Little Valley General Plan, he understood what he was being asked to do with regard to zoning. In addition to meeting requirements he was asked to provide superior architecture. This goal was approached with an eye to contemporary urban design and good planning principles and Vision Dixie was used for further guidelines. The project integrates itself into the community; it has no walls. Daybreak is the best example of this type of community, but it is 4200 acres. This project is situated between two schools, parks and a ballfield to the north and soccer fields across the street to the southwest and is ideally situated for this kind of project. This area is for medium to high density up to a maximum of nine units per acre. The project is 6.2 units per acre. 75% of the units are accessed from interior alleys and the other 25% have garages in the back of the homes. 36 of the homes will be courtyard style and 24 will be alley units. There is a variety of home sizes. Lots range from 1,900 sq. ft. to over 5,000 sq. ft. Homes range from 1,100 sq. ft. to 2,500 sq. ft. and will be market driven as far as the number of each. The homes are designed to appeal to teachers and the workforce. The architectural style is Craftsman. Stucco, stone, and slate roofs will be used. He then reviewed the color palette of the homes.

Council Member Bunker commented that Mr. Fleming previously said the CC&Rs will prohibit two identically colored homes from being next to each other.

Mr. Fleming said he would like to see that in the CC&Rs.

Council Member Allen inquired if this meant that no two houses exactly the same would be located next to each other.

Mr. Fleming replied that this is the point of staggering, and perhaps one could be the mirror image of the other and staggered with different colors. He advised that landscaping along public areas will be xeriscape. There are several parks in the project, including a toddler park, pocket parks, trails, and a community garden. The CC&Rs will allow rental of 10% of the units. With regard to increased crime in higher density projects, the Urban Land Institute found crime in higher density areas was not significantly higher. More affordable housing is needed. With regard to horses and incompatibility, he is involved in an equine therapy business and he has never heard of a toddler being trampled by a horse. With regard to flies, there are programs to provide pesticides through horse feed and the use of fly predators. There is also a law in the City which prohibits anyone from maintaining a condition that would encourage the breeding of flies. He then presented a video fly-by of the project.

Council Member Allen inquired of Mr. Fleming if a HOA would be formed.

Mr. Fleming replied in the affirmative, stating that all property not part of lots will be under control of the HOA.

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

Mayor McArthur advised that comments would be limited to 15 minutes.

Paul Iverson advised that he had a 15 minute presentation from residents in the Little Valley area. He stated he is a general contractor. The motivating factor of the developer is money and profit. He stated the residents of Little Valley want to present more things for consideration. The developer previously had a subdivision approved that would be far more compatible but the City Council told the developer to hold off so he could get higher density.


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Council Member Almquist commented that it was the former City Council who said this.

Mr. Iverson continued saying that several residents would be presenting various issues for consideration. He advised he would be presenting a petition to the City Council.

Paul Gooch, a resident of Little Valley, stated the proposed project creates a compatibility issue. He distributed a picture to the City Council. He advised that Jim McArthur has a unique piece of property with 700' feet adjacent to the proposed project, 400' of which is corral. Mr. Gooch stated that he has horses within 120-150' of his home and the effects of the horses on the home are real - he has flies and dust. There will be an acute incompatibility problem. It is self-evident truth that agricultural uses always lose out to higher density development, and there are many examples of this throughout the City. At some point someone wisely said that Little Valley would be the area where this could not happen. Residents in Little Valley have begged and pleaded for some contiguous zoning, instead, they are being surrounded by this type of proposed density. This development would be the nail in the coffin of agricultural use in Little Valley. Residents of Little Valley want to ask if there is any value to the City in having a place where agricultural uses can take place. The residents of Little Valley are there for the very specific rights granted by agricultural zoning. The more the City urbanizes, the more demand there is for agricultural uses. Much has been said about the aesthetics of one acre lots, but to those who live there, they are the most beautiful places on earth, and the residents there love the smells and sounds. Another great commodity of this lifestyle is the children it can produce through agricultural use.

Katelyn Davies, President of the Desert Hills FFA Chapter, advised that without the land use in Little Valley their program would not exist. Their program consists of leadership based on agriculture and taking away the agricultural land kills opportunities for future students.

John Powell advised that he relocated to Little Valley because of the rural feel. He expressed concerns about safety issues, mostly relating to the small size of the proposed streets and proximity to sidewalks and schools and increased traffic. The project is located immediately east of Little Valley Elementary and the roadway through the development is 30' wide. Minimum City standards for a public road is 50'. A 30' road does not allow room for wiggle, and barely allows distance for two vehicles to pass each other. The street width would not allow parking and the HOA is usually the enforcing entity, and most fail to enforce parking and residents end up parking along the private roads. Modified curbs also allow parking on the sidewalks, making it difficult for children to get through. Another concern is the sheer number of houses and increase in traffic. He stated there is already gridlock in the area at 9:00 a.m. when children are dropped off to school. An additional 90 homes will generate 900 additional trips per day, and there is no public transportation in the area. He stated the applicant says the development is a positive thing to have next to schools, but he cannot think of anything worse than to have 900 cars driving back and forth where kids are walking to and from school, not to mention the construction equipment.

David Harris advised he moved from Colorado to Little Valley and is a financial consultant. He stated the comparison made by the developer that this project is like Daybreak is like comparing Los Angeles to St. George. The socioeconomic structure of Daybreak cannot be compared to this project because of its size and community purpose and should not be used as a ruler for this project. As far as the need for workforce housing, currently there are 807 homes on the market, not including multi-family, and they are on the market for an average of 186 days. Today?s economic problems have come from artificial growth in housing. All the studies and growth assumptions quoted cannot be used because everything has changed. People, including police officers, nurses, teachers, and principals who signed the petition were asked if the proposed development is a place they would want to live and not one person said they would want to live there. He stated that while the development is beautiful, no good proof was given why it should be there in today?s market.

Aaron Klomp, a physician, requested that the public be given the same amount of time for comment as the applicant. He stated that a 14 acre project is not big and should be just 14 houses. The project area is small and the urban park is just a gazebo. With regard to the crime issue, he stated he read the same articles as the applicant, and they

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suggest two things: within a short amount of time, five to ten years, the crime rate skyrockets, and in talking to police officers, one commented that crime is to be expected when people are stacked on top of each other. With regard to safety, he made a call to Primary Children?s Hospital to speak to a colleague, and his comment was that most children in intensive care units are there because of auto/pedestrian accidents, with most of those vehicles having backed over children. Those same articles mention that it must be taken into account that little children play on every square foot of property. One of the comments made by the applicant is that they want to welcome the community with open arms and integrate into the community. The only community associated with this development is Little Valley, and this project is a perfect example of urban sprawl. In Mr. Fleming?s remarks, he stated that the horses should be fed a different type of feed, and this is not compatible.

Paul Iverson advised that James and Debra McArthur asked that their letter in opposition to the project be presented to the City Council and made a part of the minutes. See Exhibit ?A? attached to the official copy of minutes. The Planning Commission heard a request from Craig Brinkerhoff to expand his veterinary clinic, and this was met with opposition from residents because of the sounds, smells, etc. Lewis Meats and the veterinary clinic were the first things out in that area, and since then zoning has allowed
residential development around them, and now the residents are asking that the entire veterinary clinic be moved. The City Council now has an opportunity to prevent this same problem in Little Valley - there is no happy medium. He advised that he is also involved in an equine therapy business, and the horses used in those programs are not the same as the horses he keeps in his pens. The horses in his pens will bite and kick a person. He advised that Vision Dixie consisted of a general plan, general ideas and general input. He presented a petition to the City Council signed by 750 people in opposition to the request. Only seven people refused to sign the petition. Comments made by those who signed the petition include ?the development will ruin Little Valley? and ?its not right to put that kind of density next to schools?. He requested that the zone change request be denied.

Ed Baca, addressing Mr. Fleming, stated that a new HOA board could vote to change the 10% rental policy. He inquired if there would be any restrictions limiting sale of a unit for three years, or some kind of rental controls.

Todd Parry advised that he lived by the park, and while the proposed plan is beautiful, it does not look like the houses in the Knolls and is in the wrong place. He suggested it be built in the fields to the east where there is nothing yet and is closer to the airport and will not disrupt the area which is already built. It would also be suitable on the rim between the housing and the business park, but to drastically change a community is inappropriate. The City has put millions of dollars in parks, which is a big revenue generator. The City needs to put its best foot forward, and this project does not do that. The elementary school is already full. The proposed development is in the wrong place and should be put somewhere where it will not change the community already developed.

Tom Finada, a new resident, advised that he moved from the northwest for the sunshine, schools and safe Little Valley community. He stated he liked the 50' wide streets, his children ride their bikes to school, and the area is safe. While the project is beautiful, there was a similar project in Oregon and the residents couldn?t even back their cars around in it. Residents in Utah have big families and big cars. He stated he heard the College was looking for more students housing, and he suggested this project be located in the downtown area.

Janoie Milne advised she is a licensed clinical social worker working with children up to the age of 18. She advised that crimes against children increase when the population increases in neighborhoods. She stated that the more dense the population, the more children are harmed. When speaking about children possibly getting injured by horses, the residents are concerned about teenagers who will come into their property when no one is home and possibly getting injured.

Paul Gooch commented he would like on the record that if a 100' radius line from the back of Jim McArthur?s property is used, it would encompass one third of the homes in the proposed development.

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Jill Wiscombe commented that teachers from Little Valley Elementary signed the petition against the proposed development. Teachers do not want this development. The school area is already congested at 8:00 a.m. and 3:00 p.m.

Mayor McArthur commented that he spoke with the School Superintendent about notes that were sent home with children from school illegally and he agreed this was not right. He advised the Superintendent asked the principals if they would welcome the project, and they said yes, they would love it.

Greg Wagner, a resident of the Knolls, stated he was curious why the Planning Commission voted down the project on a four to one vote and that this would be important to look at. He stated when there is a tournament at the nearby softball diamonds, the parking situation is a mess. He stated he has driven through many projects with private streets, and while they may not be a problem in a 55 or older community, they are a problem when you have families with small children and there are rollback curves and cars are parked on the sidewalks. He inquired how many parking stalls per home would be provided.

Shanna Klomp inquired if there was an ordinance limiting a structure to at least 100' away from a corral.

Mike O?Reilly, a resident of the Knolls, commented there were two environmental issues not mentioned. Across the street from the subdivision on Horseman Park Road is a mining operation which will last for another ten years. Dust in the lower valley is a problem and the area is a dust bowl. Another high density project in this area is not needed, nor will they like the dust. Another issue is noise. The new airport will create noise and there will be a lot of complaints. He said it was a mistake to put a medium density project in this area.

Miriam Fullerton advised that she paid good money for her acre of property and home, and she agrees with the people from Little Valley. She stated that Jeff Adam?s seven-plex project at River Road and 2450 South looks like apartments and he is selling them as apartments. She asked what would be different with this project.

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

John Fleming, applicant, advised that he spoke with the School Superintendent and Police Department and there is no data to substantiate the fact that higher density leads to a higher crime rate. He advised that the zoning is not being changed, it has already been zoned, and he is simply meeting the zoning requirements the City has already identified for this area. He stated he was not taking away anyone?s rights or land, and this kind of urban design preserves open space. He advised he was pursuing his own rights as outlined by the City and its General Plan. There are two parking spaces per home and six additional spaces in the interior of the project for visitor parking. Parking is allowed on the main street as it is 50' wide with a sidewalk.

Council Member Bunker inquired how far back the sidewalks were from the main street.

Mr. Fleming replied there is a total of 50' to the back of the sidewalks. There is also high curbing, not roll back curbing. Some of the units have driveways which are 30' long and could accommodate an RV. One third of the units have additional parking in the driveway.

Community Development Director Bob Nicholson clarified that in the A-1 and RE-20 zones, a 50' separation is required from corrals to dwellings. This would not, however, prevent this project from coming within 50' of the horse corrals because there is no separation requirement when a new dwelling is built adjacent to agricultural ground.

Mayor McArthur commented that there is a problem mixing livestock with people, but the master plan for Little Valley has been approved and adopted. The Planning Commission is just a recommending body and the City Council is not obliged to follow their recommendation. The Little Valley master plan says this kind of development is allowed.


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Council Member Shakespeare commented she can understand the developer?s position and the homes are nice. However, she cannot deny the fact that she has concerns with the development. She read four statements from the City?s General Plan, citing that the residents of every community have the right to the quality of life they wish to preserve.
She stated she felt there was a part of the community who wants to live a rural lifestyle and the City has a responsibility to protect that quality of life. She expressed concern with putting high density housing next to agricultural zones which will create problems within neighborhoods, and the last thing she wants to do is pit neighbor against neighbor. She stated she understood there is a right to hold on to agricultural property but because of public opinion against what is happening in the agricultural zones, it will be driven out. She stated she felt there was a need for agricultural areas. Another section in the General Plan states the City must assure that new development is organized and integrated with existing neighbors. She stated she could not see that this project integrates with existing neighborhoods and a phasing-in process is needed adjacent to large lots. The General Plan states that the City wants to encourage different housing types, and this project is an enclave of affordable housing because of the price range. With regard to crime, she advised that she sat down with the police, but their statistics are not separated so no distinction can be made with regard to what is causing crime. However, when there are enclaves of affordable housing eventually there is crime. She advised that her daughter lives in a similar development in Las Vegas and complains that there is no place for anyone who visits to park, there is no privacy, and short driveways, and even though the units are not that old, most have turned into rentals. She stated she believed that is where this project is headed. She stated her strong opinion is that the City has a responsibility to the School District to put its very best housing around schools, and one of the problems Dixie High School experienced was due to housing around it which turned into apartments. The City has the responsibility of what this project will be 30 years from now so that it does not create problems for school administrators or for the neighborhoods and parks which surround it. She stated she did not feel the project was in the best interests of the neighborhood or community. At the Planning Commission meeting, the Assistant City Attorney made a comment that the Planning Commission could deny the request based on the fact that the project was not in the best interests of the neighborhood or community, and speaking to Commissioner Chapin Burkes, that is why he made the motion to deny the request.

Council Member Almquist commented that he served for 15 years on the Planning Commission, and decisions were made that were not popular with the majority but turned out great, and other decisions turned out to be not so great. He stated he felt the proposed project was too dense, he did not like the private streets, there is not enough parking for teenagers, and he worried about access to the front doors off the alley ways.
While Mr. Fleming has property rights, the burden of proof is more on the newcomer than on the people who are already there. He stated he felt Little Valley residents are being asked to give too much, and he felt the Foothills project was the foot in the door to higher density in Little Valley. He stated he did not feel it was fair to put the Little Valley residents on the defense and it was not fair that someone sold their property with the intent of benefitting while leaving their neighbors with a problem as they deposit a big, fat check. He suggested that Little Valley neighbors get together and form an investment club to control what happens around them. He stated he did not like the fact that the proposed project would be about the densest project in the southeast quadrant of the City. He stated he worried about traffic around the schools, and lastly, was not in favor of the project based on statements made. He stated he was also concerned with the way Little Valley looks and the garbage that is everywhere. He stated that if Horseman?s Park wants to be the western side of the agricultural area, it should look the best. He stated he would love to see the half-acre subdivision as originally proposed by Mr. Fleming for this site. He stated he was sorry Mr. Fleming was led astray and he would have voted for the half-acre project. He stated he did not know if there could be great homes on half acre parcels and the developer still make money, but he would love to put this same project on the same acreage where Horseman?s Park is, on the western boundary, but at the same time to infringe on property in the middle of an agricultural area does not work.

Council Member Bunker commented it was hard to be on the City Council and make the right decisions as they are not seers. She stated it concerned her the City Council went to all that work and effort on the Little Valley General Plan. She stated the owners of

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property in Little Valley have a right to improve their property. The City tried to make it so higher density would graduate into pockets of agricultural use, with equestrian trails, and a mix of low and medium density. Then, so there would not be any urban sprawl, the City approved a density bonus program. She stated that homes in the early 1900's were built with front porches for a neighborhood feel and some time in the 50's porches were moved to the back and yards fenced in so there was no more comradery between neighbors, and garages replaced front porches. When she ran for City Council her main platform was new urbanism or smart growth which is a method of planning back to the roots of what was built in the 1920's to build connectivity. She advised that her son lives near Daybreak, and she has also visited the Kentlands, and in these developments people care about each other. She stated she loved the concept of pocket lawns, and the proposed project fits well into the General Plan the City Council worked so hard on. She stated that several things about the project were very good such as building an interconnected community where people can walk to school and work, 6.5 acres of open space, and it meets all criteria for the bonus density program. The project contains green courts and a community garden, there are sidewalks on both sides of major streets, and the project is perfect for what the City is trying to accomplish. She stated it would make her sad to scratch the whole thing.

Council Member Allen commented that narrower streets are traffic calming. The City Council worked long and hard on the Little Valley Master Plan, and some Little Valley residents? subdivision are built on what was once agricultural land. When a project meets codes, it is hard to say that City Council Members have changed their minds. When this project came in as half-acre lots there was discussion that half acre lots in the City have turned into junk messes. The City is not blessed with a lot of water, and either a lot of sprinklers are needed or the yards turn to weeds, or there is a horse in the backyard. This particular site is a good place for housing around the schools and parks.

Council Member Pike commented that all communities evolve, but he was not ready to say that this area is ready to evolve. Not everyone likes the same lifestyle, nor is interested in mass transit, nor does everyone want to live in New York. He stated he was not interested in that lifestyle, nor was he sensing that Little Valley community members are interested in that lifestyle. He stated he felt the Little Valley Master Plan needed to be revisited. He stated that he felt some frustration with Vision Dixie in that a lot of people who participated in it did not fairly represent St. George and Washington County. He stated he felt there was still plenty of opportunity to develop traditional neighborhoods, and St. George does not have to provide all the affordable workforce housing; it can share that opportunity with surrounding communities. He stated he felt it was okay to have areas in St. George that have been set up historically different. He stated again he felt the Little Valley Master Plan should be revisited and hopefully there would be more participation from Little Valley residents and a product can be created which accurately reflects everyone?s views. Granted, there has to be some trade-offs occasionally, but in his mind this is not one of those times.

Council Member Almquist stated that he remembered when this major decision was made by the Planning Commission, and Little Valley residents were not present. He stated he was surprised there was no one present to oppose it, so it passed.

MOTION: A motion was made by Council Member Shakespeare to deny the request based on the fact that it does not integrate with the existing neighborhood.
SECOND: The motion was seconded by Council Member Pike.
VOTE: Mayor McArthur called for a roll call vote, as follows:

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

The motion carried and the request was denied.




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REPLACEMENT AIRPORT MINIMUM COMMERCIAL STANDARDS, RULES AND REGULATIONS:
Consider approval of Replacement Airport minimum commercial standards, building standards and rules and regulations.

Airport Manager Rock Crosman advised that more comments have been received from the FAA, and half of the comments were correcting spelling errors. Others requested sections on balloons and self-fueling. Other than that, the FAA said they felt the regulations were correct and they supported their adoption. Other comments from the user?s group were relatively minor in nature, and after meeting with them, there is fundamental agreement that the documents are correct.

Mayor McArthur suggested that this item be tabled for two weeks for further review.

Council Member Allen inquired if the FAA agreed that after 20 years any buildings would revert to them.

Mr. Crosman advised that the FAA did not comment on this, but in general the FAA does agree with reversion clauses. 85% of airports have reversion clauses. They do not mandate it, however. Mr. Crosman advised that this clause was withdrawn from the document.

City Manager Gary Esplin advised that the reversion clause is not recommended, but the City will retain the option as it reserves the right to shape the airport.

Mayor McArthur requested that the item be scheduled on the next regular City Council agenda.

MOTION: A motion was made by Council Member Almquist to table the item.
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 regular City Council meeting held October 2, 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 litigation and a land purchase was made by Council Member Almquist.
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 Shakespeare - aye
Council Member Bunker - aye
Council Member Pike - aye

The vote was unanimous and the motion carried.

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

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Gay Cragun, City Recorder