City Council Minutes

Thursday, July 16,2009



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
JULY 16, 2009, 4:00 P.M.
CITY COUNCIL CHAMBERS

PRESENT:
Mayor Daniel McArthur
Councilmember Suzanne Allen
Councilmember Gail Bunker
Councilmember Gloria Shakespeare
Councilmember Gil Almquist
Councilmember Jon Pike
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 Scout Brody Hansen and the invocation was offered by Pres. Orton of the St. George LDS Temple. Mayor McArthur then invited several Scouts in the audience to introduce themselves.

ORDINANCE:
Consider approval of a zone change from Mining and Grazing to PD Residential, PD Commercial, Open Space, Airport Supporting Business, Airport Vicinity Industrial, Commercial Mixed Use, C-2 Highway Commercial, R-1-10, R-1-12, and R-3 on approximately 2432 acres located generally in the SE corner of the St. George City limits, south of the replacement airport and north of the Utah/Arizona line, and consider approval of a development agreement. Desert Canyons Development, applicant.

City Manager Gary Esplin explained the public hearing on this zone change was previously held and action was tabled pending approval of the development agreement.

Mayor McArthur advised that the public hearing was held and closed.

Community Development Director Bob Nicholson explained that the subject property was part of a three way trade in 1998 between the City, Leucadia Corporation and SITLA. In 2000 Leucadia requested a general plan amendment for a mixed use project on this 2300 acre site. The property was then transferred to Desert Canyons and in July, 2007 a general plan amendment was submitted to the Planning Commission and then to the City Council in August, 2007. A zoning plan followed the general plan amendment, and the zoning request went to the Planning Commission in November, 2007 and to the City Council on March 6, 2008. The property is bisected by the Southern Parkway and the Ft. Pierce Wash and is on the Utah/Arizona line. The property includes three interchanges along the Southern Parkway which are part of this project. The zone change plan had to meet the requirements of the airport land use plan. There are 10 different zoning districts in the plan and 6,317 proposed dwelling units for a density of a little over three units per acre. An 18 hole golf course has been tentatively planned and is shown on the plan presented in 2008, but the current plan does not show the golf course, knowing it may or may not happen. A traffic impact study was submitted more than one year ago and there have been minor changes made to the circulation plan, mostly in cooperation with the City and UDOT. The applicants have agreed to keep development out of the 10 year floodplain except for some commercial and for the most part out of the 100 year floodplain. Staff feels good about the commitments made with regard to the Ft. Pierce Wash. A resort overlay zone is included in the plan as well as a possible hotel. He then reviewed slides of the parks, trails and open space plan and circulation plan. He advised the plan is subject to the hillside overlay zone as there are some steep slopes that will have to be avoided. The development agreement has been finalized and is ready for consideration.

City Manager Gary Esplin explained that in the past the City has allowed projects of this size to proceed based on a conceptual plan. The development agreement is very specific and spells out the extras of the development.

Community Development Director Bob Nicholson advised that the entire project will not be zoned PD; there are PD segments within the project, and the applicants will come back with more specific detail for those areas. The Mayor and Council will be seeing all preliminary and final plats.

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July 16, 2009
Page Two

City Manager Gary Esplin commented that to the credit of the developers, they have agreed to develop neighborhood parks and set aside land for a community park. Staff feels good about the development agreement.

Councilmember Bunker commented that due to the project?s size, she was not sure it contained enough school sites.

Curt Gordon, representing Desert Canyons, explained that every zone has been defined by a legal description. He advised there are sites for two schools, one in each residential neighborhood, but they can make an accommodation for more, if needed.

Councilmember Bunker inquired about fire stations.

Mr. Gordon replied that a fire station is planned to be located off Interchange No. 6. He then presented a power point presentation covering cooperative efforts, history of the project, vision for the project, zone plan, residential zone summary, residential zones, commercial zone summary, commercial and mixed use zones, and open space, parks and trails. He advised that 20 acres have been set aside for neighborhood parks and a ten acre community park site will be dedicated to the City adjacent to a 40 acre natural park. Trails will connect all the neighborhoods. There will be 506 acres of open space, and the development agreement defines how all this will be implemented.

Councilmember Almquist inquired if the TND concept will be used.

Mr. Gordon replied they are planning on using the TND concept around the interchanges and they will be connected by trails and open space.

City Manager Gary Esplin commented that the developers have done an excellent job planning the development and have been willing to participate in all utilities. They have done everything the City has asked of them and have stepped up to the table even in bad economic times.

Councilmember Shakespeare inquired how many of the 6300 dwelling units would be in the mixed use area.

Mr. Gordon replied that he did not know, but there is 250 acres of mixed use and the density can go up to 12 units per acre.

Councilmember Allen commented that while the development will have 6500 residences, it will also have its own shopping and businesses and be self-sustaining. It is well planned.

Councilmember Bunker inquired if the applicants had worked with the School District on school locations throughout the project and if the School District felt there were enough.

Mr. Gordon replied they had worked with the School District and if there is a need for more school locations, they will provide them.

Councilmember Pike commented the development will be similar in size to Bloomington and Sun River, and Bloomington has one elementary school.

Mr. Gordon advised the development will be similar in size to Green Valley or Bloomington.

Councilmember Almquist commented that a complete hillside review has been completed for the project and groundwork has been laid for hillside protection.

MOTION: A motion was made by Councilmember Bunker to approve the zone change and development agreement.
SECOND The motion was seconded by Councilmember Pike.
VOTE: Mayor McArthur called for a roll call vote, as follows:

Councilmember Bunker - aye
Councilmember Pike - aye
Councilmember Almquist - aye
Councilmember Allen - aye
Councilmember Shakespeare - aye
St. George City Council Minutes
July 16, 2009
Page Three

The vote was unanimous and the motion carried.

RESOLUTION:
Consider approval of a resolution authorizing matching funds for a grant from the EPA Clean Cities funding opportunity.

City Manager Gary Esplin explained approval of this resolution will allow the City to apply for a grant and use matching funds from the EPA for the bio mass program at the landfill. He recommended approval.

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

Councilmember Almquist - aye
Councilmember Allen - aye
Councilmember Pike - aye
Councilmember Shakespeare - aye
Councilmember Bunker - aye

The vote was unanimous and the motion carried.

SPECIAL EVENT PERMIT:
Consider approval of a special event permit for a concert in the Sunbowl benefitting the Foundation for Students of Washington County.

City Manager Gary Esplin commented that over the years the City has enjoyed a great working relationship with the School District. Staff supports the request.

Mayor McArthur commented that the City and School District use each other?s facilities quite regularly.

Pam Graf, Director of the Foundation, introduced Board Member Dawn Bloxham. Ms. Graf explained they are trying to raise money for all schools needing extra funds this year.

Ms. Bloxham explained that they found a group called Secondhand Serenade who appeals to this age group. The high schools have been selling tickets. The concert will be held July 24.

Councilmember Shakespeare inquired about security at the event.

Ms. Bloxham replied that the St. George police will be providing security. The National Guard also offered to supply 15 men for security.

Councilmember Pike commented the City would not have a lot of costs, especially if the applicants are willing to clean up after the event.

MOTION: A motion was made by Councilmember Pike to approve the special event permit and waive the rental and clean-up fee.
SECOND The motion was seconded by Councilmember Shakespeare.
VOTE: Mayor McArthur called for a vote, as follows:

Councilmember Pike - aye
Councilmember Shakespeare - aye
Councilmember Bunker - aye
Councilmember Allen - aye
Councilmember Almquist - aye

The vote was unanimous and the motion carried.

SET PUBLIC HEARINGS:
Community Development Director Bob Nicholson explained that the Planning Commission, at its meeting held July 14, 2009, recommended that public hearings be scheduled for August 6, 2009 at 5:00 p.m. to consider (1) a zone change from OS to RE-37.5 on .95 acre located at 660 West Man O War; (2) a final plat for Shadowbrook Homes 2nd Amended Plat

St. George City Council Minutes
July 16, 2009
Page Four

?D?; (3) a request to amend and extend the final plat for Tonaquint Hills Phase 1 Amended and Extended No. 2 to abandon a section of the public street Silicon Way and to dedicate a new public street Cisco Drive; and (4) a road dedication and vacation for Rustic Drive.

MOTION: A motion was made by Councilmember Allen to set the public hearings as recommended by the Planning Commission.
SECOND The motion was seconded by Councilmember Bunker.
VOTE: Mayor McArthur called for a roll call vote, as follows:

Councilmember Allen - aye
Councilmember Bunker - aye
Councilmember Pike - aye
Councilmember Almquist - aye
Councilmember Shakespeare - aye

The vote was unanimous and the motion carried.

FINAL PLAT:
Community Development Director Bob Nicholson advised that the Planning Commission, at its meeting held July 14, 2009, recommended approval of a final plat for Black Mountain Drive located near the new interchange at Milepost 2. Black Mountain Drive is a little spur street off of Astragulus Drive and is 66' wide.

MOTION: A motion was made by Councilmember Almquist to approve the final plat and authorize the Mayor to sign it.
SECOND: The motion was seconded by Councilmember Pike.
VOTE: Mayor McArthur called for a vote, as follows:

Councilmember Almquist - aye
Councilmember Pike - aye
Councilmember Bunker - aye
Councilmember Shakespeare - aye
Councilmember Allen - aye

The vote was unanimous and the motion carried.

AGREEMENT:
Consider approval of an agreement with ?Community Kitchen? to provide free meals to low and moderate income persons using federal Community Development Block Grant funds.

City Manager Gary Esplin explained this matter was previously discussed in a work meeting. It was the City Council?s feeling that if there was money available, the CDBG funding program should be amended to include this. The amount is around $6,500.

MOTION: A motion was made by Councilmember Bunker to approve the agreement.
SECOND: The motion was seconded by Councilmember Allen.
VOTE: Mayor McArthur called for a vote, as follows:

Councilmember Bunker - aye
Councilmember Allen - aye
Councilmember Shakespeare - aye
Councilmember Almquist - aye
Councilmember Pike - aye

The vote was unanimous and the motion carried.

(THIS ITEM WAS CONTINUED AT THE END OF THE AGENDA. SEE BELOW)

AGREEMENT:
Consider approval of an interlocal agreement for a Justice Assistance Grant.

City Manager Gary Esplin explained the City must go through the County to obtain the $47,197 which will be used for police equipment and to upgrade the police computer systems.

St. George City Council Minutes
July 16, 2009
Page Five

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

Councilmember Allen - aye
Councilmember Pike - aye
Councilmember Shakespeare - aye
Councilmember Almquist - aye
Councilmember Bunker - aye

The vote was unanimous and the motion carried.

APPROVE GRANT:
Consider approval of a grant offer of $3,000,000 from the FAA for NAV AID development and implementation at the Replacement Airport.

City Manager Gary Esplin advised that the grant funds will be used to facilitate navigational aids and further development of instrument approaches at the Replacement Airport.

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

Councilmember Almquist - aye
Councilmember Pike - aye
Councilmember Shakespeare - aye
Councilmember Bunker - aye
Councilmember Allen - aye

The vote was unanimous and the motion carried.

UTAH LOCAL GOVERNMENT TRUST PRESENTATION:
Doug Fulsom, representing the Utah Local Government Trust, advised that in conjunction with the Utah League of Cities and Towns road school, Brandon Sullivan, an employee of St. George City, was the winner of the Truck Rodeo. Mr. Fulsom advised Mr. Sullivan was the winner of a $300 gift certificate to be used toward safety supplies and equipment and he suggested it be used in the Streets Department.

APPROVAL OF MINUTES:
Consider approval of the minutes of the June 25, 2009 City Council meeting.

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

Councilmember Bunker - aye
Councilmember Pike - aye
Councilmember Almquist - aye
Councilmember Allen - aye
Councilmember Shakespeare - aye

The vote was unanimous and the motion carried.

Consider approval of the minutes of the July 2, 2009 City Council meeting.

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






St. George City Council Minutes
July 16, 2009
Page Six


Councilmember Almquist - aye
Councilmember Allen - aye
Councilmember Bunker - aye
Councilmember Shakespeare - aye
Councilmember Pike - aye

The vote was unanimous and the motion carried.

ADJOURN TO AN EXECUTIVE SESSION:
MOTION: A motion to adjourn to an executive session to discuss litigation was made by Councilmember Bunker.
SECOND: The motion was seconded by Councilmember Pike.
VOTE: Mayor McArthur called for a roll call vote, as follows:

Councilmember Bunker - aye
Councilmember Pike - aye
Councilmember Almquist - aye
Councilmember Shakespeare - aye
Councilmember Allen - aye

The vote was unanimous and the motion carried.

RECONVENE AND ADJOURN:
MOTION: A motion to reconvene and adjourn was made by Councilmember Almquist.
SECOND: The motion was seconded by Councilmember Shakespeare.
VOTE: Mayor McArthur called for a vote, as follows:

Councilmember Almquist - aye
Councilmember Shakespeare - aye
Councilmember Pike - aye
Councilmember Allen - aye
Councilmember Bunker - aye

The vote was unanimous and the motion carried.

RECONVENE:
MOTION: A motion was made by Councilmember Almquist to reconvene.
SECOND: The motion was seconded by Councilmember Pike.
VOTE: Mayor McArthur called for a vote, as follows:

Councilmember Almquist - aye
Councilmember Pike - aye
Councilmember Allen - aye
Councilmember Shakespeare - aye
Councilmember Bunker - aye

The vote was unanimous and the motion carried.


CONTINUATION OF ITEM 6C, CONSIDER APPROVAL OF AN AGREEMENT WITH ?COMMUNITY KITCHEN? TO PROVIDE FREE MEALS TO LOW AND MODERATE INCOME PERSONS USING FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS:
City Manager Gary Esplin recommended approval to use $16,468 in Community Development Block Grant funds to remediate ADA access issues along Dixie Drive.

MOTION: A motion was made by Councilmember Almquist to approve the use of $16,468 in Community Development Block Grant funds for remediation of ADA access issues along Dixie Drive.
SECOND: The motion was seconded by Councilmember Bunker.
VOTE: Mayor McArthur called for a vote, as follows:





St. George City Council Minutes
July 16, 2009
Page Seven

Councilmember Almquist - aye
Councilmember Bunker - aye
Councilmember Pike - aye
Councilmember Allen - aye
Councilmember Shakespeare - aye

The vote was unanimous and the motion carried.

ADJOURN:
MOTION: A motion to adjourn was made by Councilmember Pike.
SECOND: The motion was seconded by Councilmember Almquist.
VOTE: Mayor McArthur called for a vote, as follows:

Councilmember Pike - aye
Councilmember Almquist - aye
Councilmember Shakespeare - aye
Councilmember Bunker - aye
Councilmember Allen - aye

The vote was unanimous and the motion carried.




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Gay Cragun, City Recorder