City Council Minutes

Thursday, October 14,2010

OCTOBER 14, 2010, 4:00 P.M.

Mayor Daniel McArthur
Councilmember Jon Pike
Councilmember Gloria Shakespeare
Councilmember Gail Bunker
Councilmember Ben Nickle
Councilmember Gil Almquist
City Manager Gary Esplin
Deputy City Attorney Paula Houston
City Recorder Gay Cragun

Mayor Pro Tem Bunker called the meeting to order and welcomed all in attendance. The pledge of allegiance was led by Ryan Hansen.

Mayor McArthur arrived.

Rich VanAusdal, President of the College, introduced Kelle Stephens and Jeff Reber. He then presented a power point presentation covering the following: UCAT service regions, the DXATC market, campuses, training enrollment for 2009-2010, Skills USA contest, head count and membership hours, instruction in remote areas, Washington County population growth, and DXATC building board request history. He advised their preferred site is at Dinosaur Crossing. He then presented Dinosaur Crossing campus site elevations. He asked the City Council for support to secure a permanent location for the College.

City Manager Gary Esplin advised that normally a city goes with an applicant to the building board to show support from the community. He advised he discussed with DXATC several properties which might be suitable for location of the College, i.e. the old airport property, property by the Dixie Center, or the old welcome center. The College would like to be as centrally located as possible. He advised the old courthouse building could be used for a year if necessary.

Mr. VanAusdal stated that Representative Don Ipson has been supportive. He advised it would be helpful if the College could appear before the building board with the strength of the community behind them.

Councilmember Almquist inquired if there was available land by the reuse center.

City Manager Gary Esplin replied the City is working with UDOT to acquire the old sheds for future expansion. There is an RP&P from the BLM that would have to be looked at.

Councilmember Almquist suggested the old Cabinetec building.

Mr. VanAudsal advised that within the next few years they will need somewhere to go. They have a short term need and a longer term need.

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Mayor McArthur commented that the Dinosaur Crossing site would not be bad if it has the capacity needed.

City Manager Gary Esplin commented that the City might want to prioritize its property needs and determine if a park is really needed by the dinosaur museum.

Jeff Reber advised that the Dinosaur Crossing site is owned by someone in Salt Lake City and Mike Hughes. The site comprises 80 acres, with 67 buildable acres.

Councilmember Bunker inquired if the City could trade properties.

City Manager Gary Esplin replied the City would have to prioritize and see where this fit. The College is a benefit to the community and the City should help where possible.

Councilmember Bunker suggested a property trade at the airport.

City Manager Gary Esplin stated there are 110 acres on the Black Hill for the right type of development. If the campus could be incorporated into the development of the property, this might build synergism for the entire property.

Mayor McArthur suggested that this presentation be made to area service clubs.

City Manager Gary Esplin advised the matter was scheduled on the agenda to see if the City Council feels it is something they would like to help make work.

Councilmember Almquist suggested that Snow Park would also be a good site.

Mayor McArthur advised that Snow Park has been set aside and dedicated for park use and must remain in that use.

Mayor McArthur was excused from the meeting.


Linda Ashton advised she invited several companies to provide proposals, including St. George businesses Henricksen Butler, Southern Utah Office, and Prestons. Prestons did not submit a proposal. She then presented the four proposals from Henricksen Butler, Interior Solutions, Midwest Commercial Interiors, and Southern Utah Office, and distributed the proposal estimates. She advised she asked for midrange quality and durability. Installation and labor is included in the proposals.

MOTION: A motion was made by Councilmember Pike to award the proposal to Henricksen Butler in the amount of $123,042.57.
SECOND: The motion was seconded by Councilmember Almquist.
VOTE: Mayor Pro Tem Bunker called for a vote, as follows:

Councilmember Pike - aye
Councilmember Almquist - aye

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Councilmember Nickle - aye
Councilmember Shakespeare - aye
Mayor Pro Tem Bunker - aye

The vote was unanimous and the motion carried.


James Mitchell, applicant, explained it would be too costly to use the Town Square location. The flattest piece of ground in the City is the Sunbowl and it already has lights and bathrooms.

City Manager Gary Esplin advised that staff feels good about the proposal. The matter was pulled off the last City Council agenda because there is another proposal for a competing ice rink, however, they are not ready to go and havent secured all approvals and it wont be built this year. Dixie Igloo has spoken with them, and they are supportive of this request.

Mr. Mitchell advised there will not be a tent. The would like to use the Sunbowl for two months from mid-November through the end of January or first week in February.

MOTION: A motion to approve was made by Councilmember Shakespeare.

Mr. Mitchell advised that the Deputy City Attorney has drafted a lease.

AMENDED MOTION: Councilmember Shakespeare amended her motion for approval to include the provision that it be subject to legal review.
SECOND: The motion was seconded by Councilmember Pike.

Deputy City Attorney Paula Houston advised that the lease is non-exclusive. The applicants will be required to keep the dust down in the parking areas.

Mr. Mitchell advised there will be no concessions except for hot chocolate.

VOTE: Mayor Pro Tem Bunker called for a vote, as follows:

Councilmember Shakespeare - aye
Councilmember Pike - aye
Councilmember Nickle - aye
Councilmember Almquist - aye
Mayor Pro Tem Bunker - aye

The vote was unanimous and the motion carried.


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Community Development Director Bob Nicholson distributed proposed revisions to the Little Valley Land Use Plan, listing general areas of consensus between the Planning Commission and the City Council. He then reviewed the handout. There is no consensus on how to protect the existing large lot subdivisions. The Planning Commission favors a large lot buffer with density feathering. The City Council favors designating an agricultural area around two major large lot subdivisions with a minimum lot size of one acre of larger.

Mike Nobis distributed a handout of sales in the Little Valley area from January, 2000 to September, 2010 and reviewed it.

Paul Iverson stated that the reason for low sales in Little Valley is because people wont sell their homes.

Ross Taylor commented if the area is stable and no one wants to sell, that would account for the low sales. He inquired what percentage are these sales of the lots being offered for sale, and how does that compare with the rest of community as far as percentage of sales.

Mike Nobis commented that when looking at a master plan, many issues need to be considered. Will the property sell, is it smart development, etc. The area will develop if it is zoned correctly.

Mayor Pro Tem Bunker inquired if everyone agreed on the consensus items.

Ron Bracken stated he had a problem with two units to the acre and the density bonus. This costs more for developers than what they can get out of the lot. He stated that rather than force developers to put in a park, they should zone land for agricultural uses.

Community Development Director Bob Nicholson replied that density bonus is a voluntary provision. Rather than giving away density, there is a buy-in to provide neighborhood amenities.

Mayor McArthur arrived.

Councilmember Shakespeare suggested the area be zoned with an agricultural overlay zone with a mix of lot sizes.

Paul Gooch advised that most people with animals want an acre, not a half acre. He stated he has lived in Little Valley for nine years and only a handful of properties have changed hands. He stated he realized there are less people who want what he has, but he thinks the demand has been understated.

Councilmember Pike commented that the City Council wrestled with critical mass and lifestyle and what is enough to maintain the lifestyle, and does the City want to preserve it, and should it preserve it. At what point does the City not want to provide that option, and if not in Little Valley, where. He stated he wanted to protect an area that makes it meaningful so it can remain that way.

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Councilmember Shakespeare commented her concern is if there is not a mix of lot sizes, a future City Council will do away with all the one acre lots. To mix the lot sizes might serve as a protection.

Mike Nobis commented that there is not a lot of turnover in large lots because there is not a lot of demand. The same statistics will apply to the Bloomington Ranches area.

Ross Taylor commented that what concerns the residents in Little Valley is the pressure of residential moving in and causing them to feel uncomfortable and then having to move. One of the best functions of government is to provide protection. He inquired if the City could legislate some kind of protection that will withstand any kind of intrusion.

Mayor McArthur advised that notes are put on plats, but this does not stop people from complaining.

Deputy City Attorney Paula Houston advised that state law gives anyone the right to file a complain under nuisance law.

City Manager Gary Esplin commented that what Ross Taylor suggests is what the Council is trying to do. It does not intend to zone everything in Little Valley as agricultural, but protect the agricultural lifestyle with a buffer. A compromise is needed, but protection of the agricultural lifestyle is important. Right now there is nothing on the other side of 3000 East, and all of Washington Citys property in the area is zoned R-1-10. The consensus of the City Council was that 3000 East is the barrier and it would protect the three large agricultural subdivisions through an agricultural lifestyle zone and then feather out to normal subdivisions.

Ron Bracken suggested the creation of a RE-15,000 zone and mixing the lot sizes to make the land work.

City Manager Gary Esplin commented that an RE zone is really an agricultural zone.

Councilmember Shakespeare suggested that there be a required number of large lots, otherwise developers will create only smaller lots.

City Manager Gary Esplin advised that no one is guaranteed zoning. The City cannot guarantee forever the right to develop property to the highest and best use.

Ed Burgess commented that if the area is zoned one acre, he will be back in four years to request another change. Large lots do not work. There has to be some compromise, and as long as there is no compromise, he will be back.

Councilmember Pike replied that there has been compromise. The Council has listened to both sides, and the area they are proposing to protect could be larger.

Ed Burgess commented that he liked Councilmember Shakespeares idea to mix the lot sizes.

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Paul Iverson inquired if there were things the City could eliminate that would lessen development costs, such as allowing septic tanks instead of requiring homes to be hooked to the sewer.

Community Development Director Bob Nicholson replied there are groundwater problems in Little Valley.

Paul Iverson stated he felt that government provided some services they shouldnt such as parks and recreation.

City Manager Gary Esplin replied that the Citys survey showed that the number one amenity 80% of the residents want is parks and trails.

Community Development Director Bob Nicholson advised that curb, gutter and sidewalk has been waived in the Little Valley area.

Ed Burgess commented that just an overlay zone will not work. He said he has 500 acres in the Little Valley area and he has the ability to help solve this problem. He said he is looking at a plan which starts with ten one-acre lots, then feather to half acre lots, etc. He will present it to residents in Little Valley for their comments. He stated he will see if this can help maintain the lifestyle in the area, but not the entire 500 acres.

Paul Gooch commented that a density bonus should be agricultural property.

Ed Burgess commented that this is what he proposes - to have some one acres lots and trade for density across the street.

Councilmember Pike commented that the City Council is open to that.

Ed Burgess commented that he would have to have a mix of lot sizes as one size does not fit all.

City Manager Gary Esplin advised that the City Councils position was that an agricultural preservation zone did not have to be one acre lots - there could be RE-12.5 lots, etc. for flexibility. This protects the agricultural lifestyle and allows development.

Ron Bracken suggested that RE zones be changed to A - Agricultural zones.

Councilmember Shakespeare commented she would like to see a mix of lot sizes, with a certain percentage designated as one acre lots to protect the lifestyle.

City Manager Gary Esplin replied that it would be difficult to create a zone which mandated a percentage of that zone as large lots.

Ron Bracken suggested that density bonus be tied to large lots.

Community Development Director Bob Nicholson stated that the lot size averaging principle will work for agricultural zones. Lot sizes within an AG-1 zone can vary as

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long as the overall average works. There are things that can be done to provide a mix of lot sizes.

Ed Burgess commented that an agricultural zone is important in that it provides the opportunity for residents to sell their produce, whereas an RE zone does not. If this can be changed, maybe an agricultural zone is not that important.

Paul Iverson commented that an agricultural subdivision set in the middle of I-15 will die. The biggest concern with density is traffic. He suggested that traffic be diverted off Little Valley Road which is an agricultural corridor.

Ed Burgess advised that Little Valley Road will dead-end into 3000 East and 3000 East will carry the traffic, not Little Valley Road.

Councilmember Pike commented that this is what the City Council suggested, that 3000 East is the border.

Councilmember Shakespeare commented she wanted to be sure the agricultural lifestyle is protected as the community needs it.

Community Development Director Bob Nicholson suggested that the current Little Valley master plan be rescinded.

City Manager Gary Esplin advised the matter will have to go back to the Planning Commission for a recommendation to the City Council.

Councilmember Bunker reported that the Dixie Care and Share food back will begin operation in December at the former Designer Furniture Warehouse. It was suggested that the food pantry be located in the former Outdoor Outlet or the Ence building. The shelter will be kept at its present location, at least temporarily. Dixie Care and Share lost $92,455 last year as donations were down.

The meeting then adjourned.

Gay Cragun, City Recorder