City Council Minutes

Thursday, January 22,2009



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
JANUARY 22, 2009, 4:00 P.M.
CITY COUNCIL CHAMBERS

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

OPENING:
Mayor McArthur called the meeting to order and welcomed all in attendance. The pledge of allegiance to the flag was led by Council Member Bunker and the invocation was offered by Pastor Dean Heuring.

Roxanna Finnerty, representing the St. George Police Department Victim Services, introduced herself and two advocates who help with this program. She advised they deal with domestic violence on a daily basis and are seeing an increase in stalking. January is National Stalking Awareness Month. She advised that during the past quarter they had 115 walk-in clients, 37 for stalking. She thanked the Mayor and Council for their support of the program.

Kathy Thayne, a representative of the Old World Historical Council, a 501C3 non-profit organization, advised the Historical Council was formed to bring historical events to life. She advised a Days of Camelot annual event will be held Memorial Day Weekend at the Washington County Fairgrounds. She requested that the City participate by sponsoring the King Arthur?s stage.

Council Member Allen, Chair of the Dixie MPO, advised that a transportation expo will be held at the Dixie Center on February 3 from 11:30 a.m. to 7:30 p.m.

Police Chief Marlon Stratton advised that a community CAT Team meeting will be held at the Dixie Center on Tuesday, February 10 at 6:00 p.m. with representatives present from all CAT Teams, police officers who patrol the areas, the Mayor and City Council, and City staff. Break-out sessions will be held.

Council Member Almquist suggested that information on the CAT Teams be included in utility bills.

Chief Stratton advised CAT Team information is also provided on the City?s web page.

Council Member Bunker advised that the grand opening for a new exhibit ?Hatching the Past?, will be held at the St. George Dinosaur Museum on February 2 at 4:00 p.m.

Mayor McArthur reported on recent Heritage Days activities.

FINANCIAL STATEMENT:
Consider approval of the financial statement for December, 2008.

City Manager Gary Esplin explained that staff is watching the budget carefully. The City is down in sales tax and impact fees. He will make recommendations for further budget cuts.

Council Member Bunker inquired about decreased revenue in the golf fund.

Mr. Esplin replied that golf revenue in December was down because of the cold weather and snow, and fall revenues were down because of the mild weather and golfers who stayed in Salt Lake to play. Also, golf appears to be one the things that is being cut out of personal budgets due to the economy.
Council Member Bunker inquired about reimbursement from the Dixie Center.

City Manager Gary Esplin replied that one payment is missing but it is expected soon.
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January 22, 2009
Page Two

Council Member Bunker inquired if transit advertising fees should be reduced to increase advertising.

Finance Director Phil Peterson replied that two new advertising contracts were just recently signed.

Council Member Almquist inquired about the final tax revenue number.

City Manager Gary Esplin replied he felt the City would get within 2% of what it estimated in property tax.

Mr. Peterson advised the City is projecting $13-14 million in revenue from sales tax and $6 million from property tax.

Council Member Pike advised it is important for the public to know that the budget is being carefully watched. The fiscal year is half over and the City has received 45% of what it planned, but it also spent 44% of the budget. The City is adjusting its expenses based on decreased revenues and he applauded City staff and management for doing that.

MOTION: A motion was made by Council Member Almquist to approve the financial statement.
SECOND: The motion was seconded by Council Member Pike.
VOTE: Mayor McArthur called for a vote as follows:

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

The vote was unanimous and the motion carried.

SINGLE EVENT ALCOHOL PERMIT AND LOCAL CONSENT:
Consider a request for a single event alcohol permit and local consent for a fundraising event, the second annual FurBall dinner and auction. PAWS, applicant.

Jerry Gilfoyle, representing PAWS, explained they are a non-profit group with all money raised going back into the organization to help animals. Their purpose is to find homes for animals who would otherwise be killed in animal shelters, which is an expense to the City. The second annual Furball fundraising event will be held March 7 at the Abbey Inn from 6:00 p.m. to 10:00 p.m. He advised that last year they raised almost $10,000 at the auction. He requested approval of the single event permit and local consent and also waiver of the $500 permit fee.

City Manager Gary Esplin commented his only concern with waiver of the fee is that a cost benefit to the City can be shown, and in this case there is a cost benefit to the City.

MOTION: A motion was made by Council Member Allen to approve the local consent and a single event alcohol permit and waiver of the $500 permit fee.
SECOND: The motion was seconded by Council Member Shakespeare.
VOTE: Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.
Council Member Allen inquired of Mr. Gilfoyle how many animals PAWS saved last year.

He replied that 1200 animals were saved.
St. George City Council Minutes
January 22, 2009
Page Three

BEER LICENSE AND LOCAL CONSENT:
Consider approval of a beer license and local consent for a limited restaurant license for Made In Brazil located at 929 W. Sunset Blvd. Christopher Wade, applicant.

City Manager Gary Esplin explained the restaurant is located in the old Scaldoni?s building. Staff has reviewed the application and everything appears to be in order. He recommended approval.

MOTION: A motion was made by Council Member Almquist to approve the beer license and local consent.
SECOND: The motion was seconded by Council Member Bunker.
VOTE: Mayor McArthur called for a vote as follows:

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

The vote was unanimous and the motion carried.

AIRPORT GROUND LEASE:
Consider approval of an airport ground lease with Phillip Clark.

City Manager Gary Esplin explained the lessee understands that the lease will terminate when the new airport opens. He recommended approval.

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

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

The vote was unanimous and the motion carried.

AGREEMENT:
Consider approval of a corridor preservation agreement with UDOT, Dixie MPO, Hurricane City, Washington City, and Washington County.

City Manager Gary Esplin commented that this agreement has been discussed in a work meeting and there have been no changes. He recommended approval.

MOTION: A motion was made by Council Member Almquist to approve the agreement.
SECOND: The motion was seconded by Council Member Pike.
VOTE: Mayor McArthur called for a vote as follows:

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

The vote was unanimous and the motion carried.

SET PUBLIC HEARING:
Community Development Director Bob Nicholson advised that the Planning Commission, at its meeting held January 13, 2009, recommended that a public hearing be scheduled for February 5, 2009 to consider a zoning regulation amendment to define an Equestrian

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January 22, 2009
Page Four

Therapeutic Center and include Equestrian Therapeutic Center as a conditional use permit.

MOTION: A motion was made by Council Member Bunker to set the public hearing as recommended by the Planning Commission.
SECOND: The motion was seconded by Council Member Pike.
VOTE: Mayor McArthur called for a vote as follows:

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

The vote was unanimous and the motion carried.

REVIEW PLANNING COMMISSION ACTION:
Community Development Director Bob Nicholson advised that the Planning Commission, at its meeting held January 13, 2009, heard a presentation on expanding the commercial C-4 zone from 100 West to 400 West because the list of uses in the C-4 zone is more appropriate in the downtown area. A formal zone change application initiated by the City will be on the January 27, 2009 Planning Commission agenda.

Council Member Almquist inquired if consideration had been given to moving the boundary north of Bluff.

Mr. Nicholson replied they are not changing the commercial boundary, just suggesting the zoning be changed to C-4. Property owners are welcome to submit a zone change request to the City for their own property.

Council Member Almquist suggested that all commercial zones and uses should be looked at and recommendations made for the City Council?s consideration.

Mr. Nicholson advised that the Planning Commission also considered and tabled a request from Jason Vowell to build a two story storage building on property that currently has a deed restriction limiting the property to a parking lot. A hillside development permit is needed. The Legal Department recommended that this request be taken back to the Planning Commission for a public hearing.

It was the consensus of the Mayor and City Council to follow the procedure recommended by the Legal Department.

FINAL PLATS:
Todd Jacobson reviewed four final plats which the Planning Commission recommended for approval:

1. A road dedication plat for Blue Grass Way located in Sun River.
2. A final plat for McArthur Landing Amended to add an additional commercial unit to the second floor by converting two existing units into three.
3. A final plat for Silkwood Phase I consisting of 4.311 acres located at Little Valley Road and Crimson Ridge Road.
4. A final plat for Silkwood Phase 2 consisting of 3.499 acres located at Little Valley Road and Crimson Ridge Road.

MOTION: A motion was made by Council Member Almquist to approve the final plats and authorize the Mayor to sign them.
SECOND: The motion was seconded by Council Member Bunker.

Council Member Pike inquired if all the land had been cleared because in this market the more dust that can be avoided, the better.

Mr. Jacobson replied that the roadway is paved, the McArthur Landing building already exists, and dirt in the Silkwood subdivisions is in the process of being moved and utility lines installed.

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January 22, 2009
Page Five

Deputy City Attorney Paula Houston advised that the air quality ordinance requires that dust be kept to a minimum.

VOTE: Mayor McArthur called for a vote as follows:

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

The vote was unanimous and the motion carried.

Council Member Almquist inquired if renewal of a PD had to be done on an annual basis.

City Manager Gary Esplin replied that renewal is required after 18 months.

Council Member Almquist inquired if a new fee would be required.

City Manager Gary Esplin replied a new fee is not required.

Council Member Almquist inquired if the renewal period should be extended another six months.

City Manager Gary Esplin replied a situation may come up in which the City Council wants to reconsider the issue and he would hesitate recommending an automatic extension.

Council Member Shakespeare commented she was in favor of leaving the current renewal period in place.

Deputy City Attorney Paula Houston commented that the ordinance may change, building standards may change, and the City Council may want the opportunity to make an applicant update to current standards.

PUBLIC HEARING/AMEND GENERAL PLAN/ORDINANCE:
Consider approval of a request to amend the General Plan Land Use Map by changing the land use designation from Low Density Residential to Medium Density Residential on 5.92 acres located north of Tonaquint Drive on Mesa Palms Drive and north of and adjacent to the Beehive Assisted Living homes.

City Planner Craig Harvey advised that the Planning Commission heard this request on October 14 and recommended denial on a five to one vote. The applicant, Joseph Venuti, has appealed this recommendation to the City Council. The property is currently zoned PD Residential. The General Plan designates the site as Low Density Residential. The original request was approved for 23 single family homes but due to the changing market the applicant would like to increase the units to 46. The units will be owner occupied and range from 1,300 sq. ft. to 1,500 sq. ft. All will have garages. To achieve the desired density the General Plan will have to be changed to Medium Density Residential. It is important to note that the applicant is not applying to build twin homes yet, as that requires a zone change amendment. Medium density allows up to nine units per acre. The General Plan is a macro view of the City, not a micro view. He then showed photos of the site and advised that, if approved, a traffic impact study will be required as part of the zone change. Several letters in opposition to and in favor of the project have been received.

Joseph Venuti, applicant, advised that Beehive Homes is located within a PD Commercial zone. Everything to the south is over 12 units per acre. Dan Steurer, who is involved with Beehive Homes, is a big supporter of the proposed project. He advised his project would be similar to the Legacy at Southgate project. He advised he met with most of the adjacent property owners and their response to the project was positive. The one thing they wanted to protect was their view and the proposed buildings will not block their view. He stated all he was asking the City Council to do was approve the same plat except with twin townhomes. The park area will remain the same. There is clay in the

St. George City Council Minutes
January 22, 2009
Page Six

area and it costs a lot more to build on clay. There has been a lot of misinformation about the project.

Council Member Allen inquired if the applicant had renderings of the project as it might help the adjacent neighbors to see what the project will look like.

Mr. Venuti replied he did not have any because he did not know if the General Plan amendment would be approved.

Council Member Almquist commented that if the homes are piered and the property excavated properly with smaller yards, it is easier to deal with clay in a higher density situation. In some situations like this where the homes will be built on clay, it makes sense to have higher density so there is the ability to divert water away from the site.

Mr. Venuti advised that he would not be opposed to any restriction the City Council might impose. The 1,300 sq. ft. units will be single story. The others will be single story from the front with walk-out basements.

Mayor McArthur opened the public hearing.

Steve Sargent, a resident at 843 W. Crystal Drive, advised that he lives on the crest of the hill above and adjacent to the proposed project. He expressed concern that his view would be obstructed, and the nearby vacant land is infested with tumbleweeds. He stated he was told by the Steurers that the proposed site would be single family homes and not intensified by tiering and the view destroyed. He stated he was opposed to the request and did not want his property value diminished or problems with traffic increased, as well as problems with runoff and the clay. He stated the applicant should use the original plan for single family one level units.

Mr. Venuti explained that Mr. Sargent is one of the nearby residents who he has not been able to speak with. If the project remains single family homes, there is nothing to limit him to single story units as the ordinance allows building to 35' in height. However, he is willing to build only single family homes directly beneath Mr. Sargent?s home. If view is the concern, it does not matter if the homes are single family or multi family.

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

Council Member Pike inquired if there was discussion at the Planning Commission meeting by adjacent properties based on their existing zoning.

Council Member Shakespeare replied there was not much discussion about this.

Community Development Director Bob Nicholson advised that most of the residents who attended lived in Mesa Palms. The main point discussed was the height of the homes. The current zoning is PD Residential, and there is a possibility at the time it was zoned that the project was restricted to single level homes, but he would have to check the records. There is not an entitlement to build to 35' unless the PD project was approved that way.

Council Member Shakespeare expressed concern with the proposed project as it is spot zoning. The City does not know what will happen with the SITLA land. There is already high density zoning adjacent to the project site, and while she can understand the builder?s concern with the cost factor, the City has to look at it from the perspective of what the entire area will be down the road.

Council Member Bunker commented it was not the City?s responsibility to protect the view shed for neighbors. She expressed concern that there is already high density in the area, when it was planned to be low or medium density. She also expressed concern that the area is being spot zoned.

Council Member Almquist inquired of Deputy City Attorney Paula Houston if this request constituted spot zoning.



St. George City Council Minutes
January 22, 2009
Page Seven

Deputy City Attorney Paula Houston replied that spot zoning is zoning a small area - this site is over five acres. Whether it would fall in that definition or not, she did not know as it is a personal interpretation and there is no specific definition. However, valid issues to consider are whether the City Council wants zones that small in this area and the consequences.

Council Member Almquist commented that the Beehive Homes project is higher density and is less than 500-800' away. From a building perspective the clay in this area is extremely difficult to deal with and the more open ground there is the more chance there will be for water to enter the ground, therefore density actually helps deal with the clay. He stated he did not think the proposed project was high density and if the view shed on Crystal Drive is protected, he did not see a problem with the proposed number of homes.

Council Member Shakespeare inquired what would prohibit the property across the street from doing the same thing, etc.

Council Member Almquist replied that the homes backed up to Crystal Drive will have to have retaining walls and piers. There are no homes to the west. Homes on Crystal Circle are not built on piers. The proposed homes will have twice the amount of protection.

Council Member Pike expressed concern with the request for economic purposes as the City could be faced with all kinds of these requests. He stated he had the some concerns as Council Member Shakespeare.

Council Member Allen commented the City Council should not consider the request based on economics but on whether it is a proper use for this property and if it fits in the area. The area was originally proposed as an RV park.

Council Member Shakespeare commented there is already 10 acres of high density in the area and no one knows what will happen with the nearby SITLA land.

Council Member Allen commented it is nice to mix densities to achieve the normal feel of neighborhoods. She stated she felt the proposed project would be a nice addition to the neighborhood.

Council Member Almquist commented a question exists if this PD zone will allow homes to be built to 35'. The second question is if high density is allowed in this area according to the General Plan Map.

Council Member Pike replied there are high density apartments up the street.

City Manager Gary Esplin advised there is 10 acres of R-3 zoning on Tonaquint Drive.

Council Member Pike commented in the letters received from concerned neighbors their main concern was not the view but potential density in the area.

Council Member Almquist commented that the absence of neighbors opposing the request would indicate the softening of their opinions.

City Manager Gary Esplin stated that this cannot be assumed. The Planning Commission recommended denial and the neighbors may have thought they did not have to come to this meeting because their protest is on record.

Council Member Bunker commented that whether or not the request constitutes spot zoning, she agreed that the entire area should be looked at and to take one tiny spot and make it high density is not compatible with the rest of the plan already established.

Council Member Allen commented that this is what Beehive Homes is.

City Manager Gary Esplin advised that Beehive Homes was approved because it is located on a major road on a narrow piece of property not suitable for an R-1-10 subdivision. He advised that while spot zoning may be poor planning, it is not illegal.

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January 22, 2009
Page Eight

Zoning should be based on the land itself and how the piece of property is better used.

MOTION: A motion to deny the request 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 Shakespeare - aye
Council Member Allen - no
Council Member Almquist - no

The motion passed and the request was denied.

Council Member Almquist requested that Community Development Director Bob Nicholson follow up to see if the PD when originally approved limited the height of residences.

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

CONDITIONAL USE PERMIT:
Consider a request for a conditional use permit for a limited wholesale car lot at 69 North 100 East for a maximum of four vehicles. Robert Judd, applicant.

City Planner Ray Snyder explained that the site is zoned C-4. There will be a 300 sq. ft. office with no display or advertising on 100 East. The applicant will advertise cars for sale in the newspaper and over the internet. There is a nonconforming access. No auto repair will be conducted; only detailing. The Planning Commission recommends approval subject to the following conditions:

1. A maximum of four (4) spaces may be used for car sales/display.
2. No vehicle display on 100 East.
3. No automotive repair on site; detail of vehicles only.
4. Stripe parking spaces.
5. If the business operates in the evening, exterior lighting of the parking lot shall be installed.
6. If the vehicles are washed on site, then a hose with an on/off nozzle shall be used to conserve water and avoid ponding of water.

Mr. Snyder advised one letter of opposition was been received from an adjacent business owner who is concerned about the applicant?s customers using his property and blocking his traffic. Mr. Snyder advised that this would have to be worked out between the two businesses.

Council Member Bunker inquired if signage would be allowed on 100 East.

Mr. Snyder replied there would be no signage on 100 East in terms of anything on the cars.

Robert Judd, applicant, advised there will be a 24 sq. ft. sign on the back of the building next to the plate glass window on the office. There will be no signage on 100 East.

Council Member Bunker inquired of Mr. Judd if he planned to be open at night.

Mr. Judd replied that he did not.

MOTION: A motion was made by Council Member Bunker to approve the conditional use permit.
SECOND: The motion was seconded by Council Member Pike.
VOTE: Mayor McArthur called for a vote as follows:

Council Member Bunker - aye
Council Member Pike - aye

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January 22, 2009
Page Nine

Council Member Allen - aye
Council Member Shakespeare - aye
Council Member Almquist - aye

The vote was unanimous and the motion carried.

Council Member Shakespeare requested that staff look at all uses in the C-3 and C-4 zones and evaluate their impacts and identify negative effects.

APPROVAL OF MINUTES:
Consider approval of the minutes of the regular City Council meeting held January 8, 2009.

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

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

The vote was unanimous and the motion carried.

The meeting then adjourned at 6:15 p.m.




_________________________________
Gay Cragun, City Recorder