City Council

Thursday, November 3,2011
Minutes



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
NOVEMBER 3, 2011, 4:00 P.M.
CITY COUNCIL CHAMBERS

PRESENT:
Mayor Pro Tem Gail Bunker
Councilmember Ben Nickle
Councilmember Gloria Shakespeare
Councilmember Gil Almquist
Councilmember Jon Pike
Asst. to City Manager Marc Mortensen
Deputy City Attorney Paula Houston
City Recorder Gay Cragun

EXCUSED:
Mayor Daniel McArthur
City Manager Gary Esplin
City Attorney Shawn Guzman


OPENING:
Mayor Pro Tem Bunker called the meeting to order and welcomed all in attendance. She then led the pledge of allegiance to the flag. The invocation was offered by Gloria Shakespeare.

Councilmember Pike introduced Dr. Paul Doxey, Chairman and founder of the Doctors Free Clinic, his wife Janet, and Dr. Steve VanNorman, board member, to make a presentation.

Dr. Doxey reported that the Doctors Volunteer Clinic was started in 1999 and serves the uninsured population. They moved from the Care and Share into their new 3,000 sq. ft. facility on Riverside Drive in 2002 and have since had to enlarge the facility to 5,000 sq. ft. He thanked the Southern Utah Homebuilders Association for donating their labor and materials for the new addition as well as renovation of the old space. He advised that Board Member Rod Orton suggested the creation of a medallion to give to all who have helped with the project, and he then presented medallions to the Mayor Pro Tem and City Council. He advised that Dr. VanNorman is Vice President of the Board. He advised that in 2010 the clinic saw 12,000 patient visits, all for free. They also offer dental care and family counseling. The clinic has become an important resource for the community. It is a government-free organization which utilizes grants for operation costs. All money donated goes to patient care.

Dr. VanNorman commented it is amazing what the Southern Utah Homebuilders Association has done for the clinic and community, and the need for the clinic is great.

Mayor Pro Tem Bunker invited a student from the audience to introduce herself.

AGREEMENT:
Consider approval of airport hangar agreements with IHC Life Flight and KB Family Limited Partnership.

Assistant to the City Manager Marc Mortensen advised the agreement is standard and staff recommends approval.

Councilmember Pike declared a conflict of interest, commenting that he works for IHC. However, since this item does not involve him directly or impact him, he will take part in the discussion and vote.

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

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

The vote was unanimous and the motion carried.
AGREEMENT:
Consider approval of an agreement with UDOT to provide oversight by Stanley Consulting for the Red Hills widening project.

St. George City Council Minutes
November 3, 2011
Page Two

Purchasing Manager Connie Hood advised the amount of the agreement is $19,994.30, which is 20% of the overall cost of the project.

Project Engineer Cameron Cutler explained that when a project is funded by federal dollars an additional consultant for documentation of the funds spent on the project is required. Staff recommends approval of the agreement with Stanley Consulting in the amount of $99,956.70. The Citys match is $19,994.30. Stanley Consulting has a local office and they were chosen by a selection committee. The amount of this contract should not be subject to any change orders.

MOTION: A motion was made by Councilmember Pike to approve the agreement.
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
Mayor Pro Tem Bunker - aye
Councilmember Shakespeare - aye
Councilmember Nickle - aye

The vote was unanimous and the motion carried.

SPECIAL EVENT PERMIT:
Consider approval of a special event permit and fee waiver for a Sadie Hawkins dance to be held at the old airport. Snow Canyon High School, applicant.

Assistant to the City Manager Marc Mortensen advised this request is similar to another recently granted for Desert Hills High School. Staff recommends approval.

Mary Ann Hafen and Keveny Nelson, seniors, advised the dance will have a circus theme and they would love to have it at the old airport because of its location overlooking the City.

Mr. Mortensen advised that the police have approved the plan and the Fire Department will make an inspection prior to the event.

MOTION: A motion was made by Councilmember Almquist to approve the special event permit.
SECOND: The motion was seconded by Councilmember Shakespeare.
VOTE: Mayor Pro Tem Bunker called for a vote, as follows:

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

The vote was unanimous and the motion carried.

SET PUBLIC HEARING:
Bob Nicholson, representing the Planning Department, advised that the Planning Commission, at its meeting held October 25, 2011, recommended that a public hearing be scheduled for November 17, 2011 to consider a request to amend the PD Commercial zone located at approximately 1130 East 200 South to add service commercial and professional office to the approved use list and consider a revised site plan and building elevations. KSBS LLC is the applicant.

MOTION: A motion was made by Councilmember Pike to set the public hearing as recommended.
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
Mayor Pro Tem Bunker - aye
Councilmember Shakespeare - aye
Councilmember Nickle - aye

The vote was unanimous and the motion carried.


St. George City Council Minutes
November 3, 2011
Page Three

PRELIMINARY PLAT:
Wes Jenkins presented the preliminary plat for Sage Meadows Phase 1, a 12 acre one lot subdivision located at the northeast corner of 2780 East and 2000 South. The property was originally zoned A-1 and A-20. Washington County School District has purchased the site for a future elementary school. Zoning is now R-1-10. The General Plan shows the site as low density residential. In February 2008 the entire parcel was approved for a zone change to R-1-10, and at that time it was agreed the applicant would be allowed 3.3 dwelling units per acre if they would donate 15% of their property for a park. They have since sold the property to the School District. The applicant is also requesting that the agreement with the City be nullified and the zoning returned to A-1 and A-20. The School District will complete the road improvements and is currently rough grading the site. There has been no discussion about water collection on the site. There was no opposition at the Planning Commission meeting.

MOTION: A motion was made by Councilmember Almquist to approve the preliminary plat, rescind the development agreement, and allow the property to return to its original zoning.
SECOND: The motion was seconded by Councilmember Nickle.
VOTE: Mayor Pro Tem Bunker called for a vote, as follows:

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

The vote was unanimous and the motion carried.

APPROVAL OF MINUTES:
Consider approval of the minutes of the October 20, 2011 City Council meeting.

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

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

The vote was unanimous and the motion carried.

RECESS:
MOTION: A motion was made by Councilmember Pike to recess the meeting until 5:00 p.m.
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
Mayor Pro Tem Bunker - aye
Councilmember Shakespeare - aye
Councilmember Nickle - aye

The vote was unanimous and the motion carried.

PUBLIC HEARING/ZONE CHANGE/ORDINANCE:
Public hearing to consider a zone change from Open Space to Single Family Residential R-1-10 for 0.12 acre located between 973 West Joshua Circle and 956 Cactus Circle on Bloomington Drive to allow construction of a detached garage. Mr. and Mrs. James Bown, applicant.

City Planner Craig Harvey explained the subject property is not in a drainage channel nor a view corridor. No opposition to the request has been received except from one person, who has since spoken with the Bowns and their concerns have been resolved. R-1-10 zoning will allow the Bowns to build a structure on the property, but not a home as it does not meet lot size requirements. Once the zoning is changed to R-1-10, the Bowns can request a lot merger and put the property into part of Lot 83. They will then be able to build the garage. The Planning Commission recommends approval.

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November 3, 2011
Page Four

Mr. Bown explained they are building the garage for storage.

Mayor Pro Tem Bunker opened the public hearing. There being no public comment, she closed the public hearing.

MOTION: A motion was made by Councilmember Shakespeare to approve the zone change by ordinance.
SECOND: The motion was seconded by Councilmember Pike.
VOTE: Mayor Pro Tem Bunker called for a roll call vote, as follows:

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

The vote was unanimous and the motion carried.

PUBLIC HEARING/AMEND GENERAL PLAN/ORDINANCE:
Public hearing to consider an amendment to the Citys General Plan for the Little Valley area covering approximately 3,355 acres of land in the southeast area of the City between the Virgin River on the north and airport ridge on the south.

Bob Nicholson, representing the Planning Department, advised this matter has been discussed numerous times. The area in question is 5.2 square miles. He presented maps of the area. The current City Council does not support the plan which was adopted in 2007 and feels the plan has too much density. They asked staff to come back with a plan with lower density. The major concern is if the area should be set aside for future large lot agriculture or considered for smaller, half acre and third acre lots. There are those with strong feelings on both sides of the issue. The fact that not a lot of the land within the area in question is irrigated and not great farm land should be kept in mind. Washington City has designated most of the Washington fields area as low density residential, up to three to four homes per acre. There are quite a few civic structures and other public utilities in the Little Valley area, such as the new LDS stake center, an elementary and intermediate school, the softball/soccer complex, etc. The School District also purchased another site for a school. There have been many public meetings over the past three to four years on how the area should develop. The old plan contained some medium-high density residential. The new plan has eliminated all the medium-high density residential, but some medium density remains. These medium density areas surround intersections as neighborhood commercial centers. The remainder of the area is designated as low density residential in the range of one to four rural residential units per acre. In July of this year the City Council approved a development master plan for 600 acres which will allow large lot subdivisions. The new general plan for the area allows large agricultural lots but does not mandate it. Wording in one of the policies adopted as part of the plan is recommended to be changed with regard to TNDs. At the Planning Commission meeting, the discussion centered on zoning around the elementary school and trying to connect the large lot equestrian subdivisions through a corridor. The Planning Commission recommends approval of the new plan.

Mayor Pro Tem Bunker opened the public hearing.

Leila Sullivan advised that she and her husband moved onto their property in Little Valley in 1949, and all surrounding property has been developed. Her husband has since passed away and her children do not want to farm it. The City put a sewer line across her property and left all the fences down; everything has been scavenged and there is nothing left on the property. They now have a chance to sell the property but this is dependent on what lot sizes will be allowed. They do not want all the lots in acre and half acres. She stated she felt that Little Valley belongs to the Iversons and Gooches and McGregors every time this issue is discussed, and they do not realize that others have lived there longer.

Councilmember Almquist commented that the proposed new language will allow one to four lots per acre, and on 23 acres, that could be considered by some as pretty dense.

Mr. Nicholson advised that a portion of Mrs. Sullivans property is in the connecting corridor with a maximum of two lots per acre. However, the corridor line can be adjusted. The idea of a general plan is not to be too specific. He advised that approximately half of the Sullivans property is in the Rural Residential designation.

Ron Bracken advised that the Sullivans property is under contract and they have done a preliminary subdivision plan. He advised they are willing to put half acre lots along Little Valley Road, with lot size averaging thereafter throughout the subdivision with an average

St. George City Council Minutes
November 3, 2011
Page Five

of 2.5 lots per acre. He requested that the property not be designated as Rural Residential with the understanding that they will put large lots along Little Valley Road. He requested that the Sullivan property be zoned the same as everyone elses.

Paul Gooch advised that the proposed general plan amendment is a step in the right direction. Ed Burgess has recently sold six one acre properties so there is a market for large lots. He commented the issue is not just about large lots, however, nor equine neighborhoods, but agricultural use. He stated with all due respect to the Sullivans, he does not feel like he owns Little Valley; he is simply asking the City to use the tool of planning and zoning to protect the way he uses his property. The reason there is planning and zoning is to protect property from other property owners around you. The difficulty here is the City has not recognized agricultural use as an entity, the same as industrial or residential. Agriculture does not mean anything, and this is what they have been arguing. He cited an unforgettable experience in a City Council meeting in a case where someone wanted to put a boat repair business in a manufacturing zone. The property was perfect for what was needed, it fit the request and none of the neighbors opposed it. After 30 seconds of discussion the request was denied on the premise that maybe it would be incompatible and would create problems for the neighbors. If the City Council is going to be consistent, they should hold true and fast to those principles. Planning and zoning should be used to make sure that use of property does not infringe on others. He stated he and other ag users were not trying to make it difficult to develop, and he was glad not to see high density designation. If the critical mass was protected, then there might be ongoing agricultural use in the area, but it will not be long before it is dead and gone if it keeps going the way it is going. He stated he was glad that someone wants to put some large lots in the area, but mixing up the lot sizes will not held agricultural development.

Stacy Young, with Quality Development, commented that while six large lots have been sold, none are intended to be used for agriculture. They will be used for storage of boats and RVs.

Paul Blackman, Black Rock Engineering, advised he works for the Sullivans. He stated he did not envision anyone riding horses down a four lane road.

Community Development Director Bob Nicholson advised that Little Valley Road will be a two lane road with a center turn lane.

Mr. Blackman advised they are planning on half acre lots against Little Valley Road, with quarter acre lots buffering to existing ag uses. There are also parks and schools within walking distance to the Sullivan property, and they are trying to provide a place where families can be raised and walk to use the facilities. A church site has also been purchased in this area which further buffers this site from the ag use around it.

Wes Davis, a resident of Meadow Valley, advised that he is in real estate sales and development. He commented that the City has spent a great deal on infrastructure in this area and it only makes sense to put the highest density as close to the infrastructure as possible so the public facilities can be enjoyed. It is right to remove the medium high density from the plan, but everything around schools and parks should be low density residential development. A mix of homes and large animals could create safety and health concerns so close to schools. He stated he felt the Rural Residential designation should be removed.

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

Councilmember Shakespeare commented she feels the church will act as a buffer, and because of it and Crimson Ridge, she did not feel the Sullivans plan would hurt the ag use in the area.

Councilmember Bunker inquired about having half acre lots along Little Valley Road, commenting that they usually are not well maintained and act as holding pens for RVs.

Councilmember Pike commented the issue is connectivity, and having lots that allow large animals provides that connectivity between the large lot subdivisions. It also provides an understanding that there is an agricultural lifestyle.

Councilmember Almquist commented that while Quality Developments one acres lots were sold to people who do not plan to have large animals, the point is that they or future owners could have large animals on the lots.

Paul Gooch commented that those living the ag lifestyle live in fear of what can be put in around them - new neighbors who will be hostile to the ag way of life; that is why connectivity is needed between the two large lot subdivisions.

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November 3, 2011
Page Six


Ron Bracken commented he is requesting lot size averaging on the Sullivans entire 23 acres, with half acre lots along the road. He suggested zoning this strip RE so that ag use is designated on this strip.

Councilmember Almquist inquired of Mr. Bracken if this area could be designated as RE-20 zoning.

Mr. Bracken replied they would agree to this, as it would be positive for the subdivision and would alleviate the fear that ag use could be taken away, as long as lot size averaging can be used.

Councilmember Almquist commented that the City is interested in preserving agricultural use, and he hoped there could be a combination of lot sizes because of the proximity to schools and parks.

Mr. Bracken commented that lot size averaging does not result in cookie-cutter lots.

Councilmember Almquist commented that the corridor line is not set in stone, yet it is difficult to judge without an actual proposal to say how it will work.

Bob Nicholson commented that it may be desirable to pull the connecting corridor line back a little bit and narrow it up to mandate two units per acre in the RE-20 zoning.

Councilmember Almquist inquired about equestrian trails and access. He commented he hoped that equestrian connectivity was possible along Little Valley Road.

Mr. Nicholson replied that the Citys trails plan provides connectivity.

Councilmember Almquist suggested fencing along Little Valley Road to hide unsightly backyards.

Mr. Nicholson advised that the connecting corridor will be narrowed to approximately 200'. The depth is then typical of a half-acre lot.

MOTION: A motion was made by Councilmember Bunker to approve the general plan amendment, narrowing up the connecting corridor to 200' west of Little Valley Road, and approving a change to the wording in Policy no. 11 to allow for TND projects where appropriate, but to not strongly encourage them.
SECOND: The motion was seconded by Councilmember Pike.
VOTE: Mayor Pro Tem Bunker called for a roll call vote, as follows:

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

The vote was unanimous and the motion carried.

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

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

The vote was unanimous and the motion carried.




_______________________________
Gay Cragun, City Recorder