City Council Minutes

Thursday, October 18,2012



ST. GEORGE CITY COUNCIL MINUTES
OCTOBER 18, 2012, 4:00 P.M.
CITY COUNCIL CHAMBERS

PRESENT:
Mayor Daniel McArthur
Councilmember Gail Bunker
Councilmember Jon Pike
Councilmember Gil Almquist
Councilmember Ben Nickle
Councilmember Jimmie Hughes
City Manager Gary Esplin
City Attorney Shawn Guzman
Deputy City Recorder Christina Fernandez


OPENING:
Mayor Mc Arthur called the meeting to order and welcomed all in attendance. The pledge of allegiance to the flag was led by Mayor McArthur. The invocation was offered by Pastor Jimi Kestin.

Mayor McArthur read and signed a proclamation proclaiming the week of October 23 as Red Ribbon Week.

Mayor McArthur introduced songwriters, Eva and Al Fry, who have written a song in honor of St. George. The song was played. He then invited several Scouts in the audience to introduce themselves.

AWARD OF BID:
Consider award of bid for the SHAC slide and hydrotube restoration project.

Purchasing Manager Connie Hood stated the bid is a two part proposal bid. The City received one qualified bid from Wasatch West Contracting in the amount of $121,715.58 which is under budget.

MOTION: A motion was made by Councilmember Pike to award the bid as recommended.
SECOND: The motion was seconded by Councilmember Bunker.

Councilmember Bunker asked why only one bid was received.

Ms. Hood stated that although other contractors showed interest in the project, only one bid came in.

Councilmember Bunker inquired how does the City know the bidder is qualified.

Ms. Hood replied the City received several referrals and research was conducted.

Councilmember Bunker asked if the contractor had been to the SHAC.

Ms. Hood stated the contractor had gone to the site.

Councilmember Almquist inquired if the existing hydrotube is being repaired or replaced.

Ms. Hood stated the existing hydrotube is being repaired.


VOTE: Mayor McArthur called for a vote, as follows:

Councilmember Bunker - aye
Councilmember Almquist - aye
Councilmember Nickle - aye
Councilmember Pike - aye
Councilmember Hughes - aye

The vote was unanimous and the motion carried.
AWARD OF BID:
Consider approval of an agreement with Bush and Gudgell for design engineering services on the 3000 East project.

Purchasing Manager Connie Hood explained the project to design 3000 East from 1400 to 1700 South in the amount of $88,730.00.

Mayor McArthur inquired if the substation located in that area is being moved in addition to cutting a portion of the hill making a less dangerous curve.

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October 18, 2012
Page Two

City Manager Gary Esplin explained the reason the project only covers a small area is so those improvements can be made. The next phase of the project will be to improve the road into Washington City.

Councilmember Bunker asked when the study will begin.

City Manager Gary Esplin stated the study is included in the current budget.

Councilmember Pike asked if this bid was just for the design engineering phase.

City Manager Gary Esplin answered yes. This project is a difficult one from the standpoint that it includes the Dixie REA power system as well as the canals.

Councilmember Hughes inquired if this project will stop right at 1700 South.

City Manager Gary Esplin explained that this will be the first phase of the project.

Councilmember Hughes commented he sees more problems with a bottleneck in that area.

City Manager Gary Esplin stated the City has plans to resolve that issue as there have already been major improvements to the road. This project will go through the bottleneck.

Councilmember Almquist commented that with this phase there will be some large rock taken out of the area. He would like to see the rock be used for landscaping throughout the City.

City Manager Gary Esplin said that can be taken into account when preparing for bids with construction.

MOTION: A motion was made by Councilmember Bunker to award the bid as recommended.
SECOND: The motion was seconded by Councilmember Almquist.
VOTE: Mayor McArthur called for a vote, as follows:

Councilmember Bunker - aye
Councilmember Almquist - aye
Councilmember Nickle - aye
Councilmember Pike - aye
Councilmember Hughes - aye

The vote was unanimous and the motion carried.

AWARD OF BID:
Consider award of bid for bowl assembly, column pipe and 200 hp motor for the Ledges, Tolman Well #4.

Purchasing Manager Connie Hood explained the bid is for replacement parts in the amount of $52,693.30.

Mayor McArthur explained this is to improve the well. This well has been used to help the residents in Winchester Hills when their wells are down.

Councilmember Almquist inquired if these are the same pumps that Water Services Director Barry Barnum approached the City Council with a few years ago. He remembered the proposal at that time would save the City money and has lasted quite a long time.

City Manager Gary Esplin explained there had been problems with the water in the past. He invited Mr. Barnum to explain.

Mr. Barnum stated that although the water in this area meets the drinking water standards, it is very aggressive water. The City has switched over to using stainless steel pumps, motors and shafts. Doing so has saved a bit; the City has been able to double the life of the equipment. The #4 well has been changed out recently, this request for another set of replacement parts. He feels the City cannot afford to be without standby equipment available in that area since it is an isolated system.

Councilmember Almquist asked if switching over to stainless steel has saved the City money.

Mr. Barnum replied yes.
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October 18, 2012
Page Three

MOTION: A motion was made by Councilmember Hughes to award the bid as recommended.
SECOND: The motion was seconded by Councilmember Nickle.
VOTE: Mayor McArthur called for a vote, as follows:

Councilmember Bunker - aye
Councilmember Almquist - aye
Councilmember Nickle - aye
Councilmember Pike - aye
Councilmember Hughes - aye

The vote was unanimous and the motion carried.

RESOLUTION:
Consider approval of a resolution adopting Exhibit C of the Central-St. George 138 kV transmission project.

City Manager Gary Esplin stated the City joined with UAMPS to obtain power through
this transmission line. He advised this is a housekeeping item creating no changes to the agreement but updates the exhibit to actual.

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

Councilmember Bunker - aye
Councilmember Almquist - aye
Councilmember Nickle - aye
Councilmember Pike - aye
Councilmember Hughes - aye

The vote was unanimous and the motion carried.

SET PUBLIC HEARINGS:
Planner Ray Snyder advised that the Planning Commission, at its meeting held October 9, 2012, recommended that public hearings be scheduled for November 1, 2012 to consider (1) a zone change request from PD-8 and PD-12 to C-2 on 12.21 acres for Desert Canyons Town Center South; and (2) a zone change from RE 12.5 to C-2 on 1.68 acres located at approximately 1690 Red Hills Parkway; and (3) a request to amend th City General Plan Land Use Map for approximately 15 acres located on three corners a the future intersection of 3000 East Street and Crimson Ridge Drive by changing the land use designation from Commercial to Low Density Residential.

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

Councilmember Bunker - aye
Councilmember Almquist - aye
Councilmember Nickle - aye
Councilmember Pike - aye
Councilmember Hughes - aye

The vote was unanimous and the motion carried.

CONDITIONAL USE PERMIT:
Consider approval of a conditional use permit to construct a detached garage with a height up to 22' at 1638 East 140 South Circle in the Foremaster Ridge Subdivision. Grant Carter, applicant.

Planner Craig Harvey presented a map which depicts the area the garage will be located. The garage will be approximately 22 feet tall to match the roof pitch as well as the color scheme of the existing home. In addition, the garage will follow distances as set forth in the ordinance. Mr. Harvey stated the Planning Commission did recommend approval.

Mayor McArthur inquired if there were any citizens present at the Planning Commission meeting to oppose the request.

Mr. Harvey stated he has not received any opposition.

Councilmember Bunker asked if there would be any plumbing included in the construction.
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October 18, 2012
Page Four

Mr. Harvey replied the floor plan does not show any pluming.

Councilmember Pike stated the garage cannot be used as a dwelling.
MOTION: A motion was made by Councilmember Almquist to approve the
conditional use permit.
SECOND: The motion was seconded by Councilmember Pike.
VOTE: Mayor McArthur called for a vote, as follows:

Councilmember Bunker - aye
Councilmember Almquist - aye
Councilmember Nickle - aye
Councilmember Pike - aye
Councilmember Hughes - aye

The vote was unanimous and the motion carried.

FINAL PLAT:
Development Services Manager Wes Jenkins advised the Planning Commission recommends the approval of the final plat for “Bridle Gate Estates Phase 2"
located on the east side of 3000 East Street at approximately 2590 South.

Mayor McArthur asked City Attorney Shawn Guzman if this request fits in with what the City Council had been addressing for the past year.

Mr. Guzman answered he received the documentation and everything looks good.

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

Councilmember Bunker - aye
Councilmember Almquist - aye
Councilmember Nickle - aye
Councilmember Pike - aye
Councilmember Hughes - aye

The vote was unanimous and the motion carried.

PRELIMINARY PLAT:
Development Services Manager Wes Jenkins explained the preliminary plat for “Sun Valley Estates Phase 12" is to create 11 single family residential lots located at approximately 3700 South and 3000 East on 6.2 acres. The density has changed since the applicant is going to remove a lot from the preliminary plat. The applicant is requesting a delay agreement to delay the improvements on 3000 East. Staff looked at delaying the improvements and feel the request is acceptable. The Planning Commission recommends approval subject to staff working with the applicant to arrive at an agreement on the improvements on 3000 East.

City Manager Gary Esplin advised prior to approving the final plat staff will bring to the City Council some sort of assurance that the improvements are added. There will have to be some way to guarantee the City has the funds to improve the road if anything were to happen. Although the road improvement should be part of this plat, staff recognizes there is no reason to keep it in the preliminary plat if the road does not go anywhere.

Councilmember Bunker inquired if the privacy wall will be congruent with what was done in the past with phase 1 and 2 and if there was going to landscaping in front of the wall.

Mr. Jenkins answered yes, there will be the same type of wall added for continuity and there will be landscaping.

Councilmember Pike asked if the City will maintain the area.

Mr. Jenkins replied the City will maintain the landscaping in that area but not the wall as it is the responsibility of the property owners.

City Manager Gary Esplin explained the City maintains landscaping on roads that are 66 feet or larger. The landscaping will be added per City standards. He asked Mr. Jenkins if there is a fee or concept that has been discussed prior.

Mr. Jenkins answered yes, there is an agreement being worked on.

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October 18, 2012
Page Five

MOTION: A motion was made by Councilmember Almquist to approve the
preliminary plat noting the lot being abandoned is lot 112.
SECOND: The motion was seconded by Councilmember Pike .
VOTE: Mayor McArthur called for a vote, as follows:

Councilmember Bunker - aye
Councilmember Almquist - aye
Councilmember Nickle - aye
Councilmember Pike - aye
Councilmember Hughes - aye

The vote was unanimous and the motion carried.

AGREEMENT:
Consider approval of an agreement with Salt Lake Community College to allow the College to use the City’s pole training yard.

City Manager Gary Esplin explained there is a program that helps individuals become journey lineman. This agreement would allow the Salt Lake Community College to use the pole at the City’s training yard. Since having staff attend training here will save on travel cost, the City will not charge the college a fee for the use of the yard.

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

Councilmember Bunker - aye
Councilmember Almquist - aye
Councilmember Nickle - aye
Councilmember Pike - aye
Councilmember Hughes - aye

The vote was unanimous and the motion carried.

ORDINANCE:
Consider approval of a temporary land use ordinance regulating billboard conversions.

City Attorney Shawn Guzman advised this item is for billboards and the conversion to digital face. Currently, there are four digital billboards within the City. This temporary zoning ordinance would allow for a six month time frame to look at the ordinance and sit down with the sign community as well as staff to identify locations these types of billboards would be appropriate and should be allowed. Other considerations to discuss would include whether on premise billboards be treated similar to those off premise and what does visual effect do such as animation and brightness. He would like to see some clean up in the ordinance that says the City would not allow certain animated signs adjacent to residential zones.

Mayor McArthur added the City would like to protect the residents. This item has been a hot topic at the State Legislature over the past couple of years.

Councilmember Almquist asked is Mr. Guzman was going to contact sign companies to have them assist in developing a sensible and flexible work around for all.

City Attorney Shawn Guzman stated he would like to the community to feel good about where these types of billboards are located.

Councilmember Almquist commented he would rather see these signs at a monument level rather than higher up. He would like the public to be involved.

Mayor McArthur stated when the first digital billboard was used near the Dixie Center, residents were against the sign.

Councilmember Almquist noted there are no longer issues with those residents since the sign has been regulated with regards to movements and brightness.

City Attorney Shawn Guzman stated at the time, Yesco worked with the City and toned down the sign before the regulation was in place.



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October 18, 2012
Page Six

Councilmember Pike asked for clarification on whether this would apply specifically to off premise signs.

Mayor McArthur explained the City is looking at on premise signs as well.

Councilmember Bunker asked City Attorney Shawn Guzman if the ordinance will have distance regulations and if any surveys or studies have been done.

City Attorney Shawn Guzman replied the sign industry can point the City to those types of studies. The good thing about LED lights is they do not cast such a bright light or as far. There may be certain times of the night the sign should remain unchanged. Because one size does not fit all, locations should be looked at.

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

Councilmember Bunker - aye
Councilmember Almquist - aye
Councilmember Nickle - aye
Councilmember Pike - aye
Councilmember Hughes - aye

The vote was unanimous and the motion carried.

PUBLIC HEARING/ORDINANCE:
Public hearing to consider an amendment to Title 10, Chapter 10, Section 10-10-5A, St. George City Code, to modify provisions for outdoor display of merchandise.

Bob Nicholson advised the proposed amendment applies to the commercial zone. The current ordinance requires that “all materials and merchandise, except vehicles in running order, shall be stored in an enclosed building or within a solid, sight-obscuring fence or wall of not less than 6' in height”. Staff feels this section should be updated to allow the outdoor display of merchandise intended to be used solely outside such as large pots, outdoor playground equipment and similar merchandise. The Planning Commission recommends adding provisions to the language to include merchandise items intended to be kept outdoors.

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

Councilmember Almquist asked how this will affect or what is in place for businesses who display racks of clothing outside.

Mr. Nicholson answered that paragraph 2 of the proposed amendment addresses temporary displays such as those.

Councilmember Bunker inquired if it would be possible to request a conditional use permit rather than changing the ordinance. There is a possibility these displays could make the City look terrible. She asked if the City could limit the amount of space used for the display.

Mr. Nicholson stated he is not aware of any issues regarding this. Currently, retailers that would like to display clothing racks outdoors can do so with the approval of the Community Development Department. If this were to become an issue, it would have to be revisited.

City Attorney Shawn Guzman stated it is difficult to specify the amount of space that can be used. Code Enforcement has been involved with businesses in the downtown area with very narrow frontage, the outdoor displays can take up to 100 percent of the space. There may have to be some exceptions for the downtown area.

Councilmember Bunker commented she was concerned with businesses having large outdoor displays that could obscure the building.

Councilmember Almquist stated the language should be written to control what can be displayed outdoors.




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October 18, 2012
Page Seven

City Manager Gary Esplin explained the first paragraph of the proposed amendment reads that the items need to be intended to keep outdoors. The second paragraph covers temporary displays that need to be taken down each day.

Councilmember Hughes clarified the businesses will still require landscaping and parking so there may not be much space to have outdoor displays.

Councilmember Pike stated staff has to approve the displays. If there are concerns the issue can be readdressed.

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

Councilmember Bunker - aye
Councilmember Almquist - aye
Councilmember Nickle - aye
Councilmember Pike - aye
Councilmember Hughes - aye

The vote was unanimous and the motion carried.

PUBLIC HEARING/ZONE AMENDMENT/ORDINANCE
Public hearing to consider an amendment to the Planned Development Commercial zone for the 3-D Commercial Center located at 60 East and 2580 South by adding “moving and storage business” to the list of permitted uses in this zone. BR Bar Leasing/Redman Van Moving & Storage, applicant.

City Planner Ray Snyder advised that the request is pretty straight forward. He presented a map showing the area. The applicant attended the Planning Commission meeting and informed them there is ample room to turn around a tractor trailer on site and to park one or two of them and that it will not be necessary to park on the street. The applicant also believes the site is convenient for the truck drivers to use the adjacent truck stop facilities. This will be a satellite location, and it will not be profitable to have trucks on site and out operating in the field. The building will be leased to determine if it should prove valuable to purchase. There are no building modifications proposed. The Planning Commission recommends approval.

Councilmember Almquist inquired if the applicant will be stacking containers on the side that is visible from the freeway or are the container going to be stacked inside.

Boyd Ipson, co-owner of Redman Van Moving & Storage, stated all items will be stacked inside. The only items outside will be trucks and trailers. He explained most of their deliveries come in wood vaults; these vaults will be maintained inside the building. They are trying to keep the area looking very clean and tidy since it is close to the freeway and the entrance into the City.

Councilmember Almquist asked Mr. Ipson if his business is taking retail or wholesale to be transferred to other locations, temporarily storing them in the building.

Mr. Ipson answered 65-70 percent of their business is high end product such as copiers, computers, hospital beds, etc. Items will be received in their warehouse and quickly delivered to the customer. They try to stay away from storing items such as boats; at times items may sit for a week or so.

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

Councilmember Pike expressed his concern to leave this wide open. He asked City Attorney Shawn Guzman what the City can do to prevent problems with such a request.

City Attorney Shawn Guzman explained the applicant stated they would not store items longer than one week. It is their internal decision, unless the language stipulates a time frame, it could be longer than that.

Councilmember Pike expressed he does not want the area to look junky as it is a gateway to the City.



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October 18, 2012
Page Eight

Mr. Nicholson stated because it is a custom PD zone, the Council has the discretion to limit as they see fit.

Councilmember Almquist asked Mr. Nicholson if just this site was asking for the amendment or the entire development area.

Mr. Nicholson stated the amendment would apply to the entire 3D commercial zone. It would allow for all moving and storage businesses to be added to the list of permitted uses.

Councilmember Almquist inquired about other moving companies that would like to stack large containers if the amendment is approved.

City Manager Gary Esplin explained the list of permitted uses is very generous. The intent for this particular item will be temporary storage.

City Attorney Shawn Guzman stated if the Council is concerned with the height of items stored, language can be added to limit the height.

Mayor McArthur added “no outdoor stacking” could be added to the language.

Councilmember Pike asked if the amendment is approved, can the Council, at a later date, add restrictions.

City Attorney Shawn Guzman explained that once allowed, the business would be grandfathered in. However, conditions could be added to the PD.

Councilmember Almquist noted that per the map, it appears that only 3 frontage properties that may create an issue.

City Attorney Shawn Guzman advised if there is a concern on this particular request, the Council could limit the uses.

Mr. Boyd stated his intention it to have all items stored inside. The only items that will remain outdoors on a permanent basis will be tractor trailers, one bobtail and a garbage dumpster.

Mayor McArthur inquired if the dumpster was going to be closed.

Mr. Boyd answered he still needs to talk to City staff to see what the restrictions are for that. He cannot see his business stacking anything other than pellets, for a short time approximately 6-7 feet high. They may have temporary outside storage such as a car or boat, however, he would like to see no outside storage.

Councilmember Pike stated that the limits could be a 2 week short term outdoor storage with a maximum height of 6 feet.

Councilmember Almquist explained the applicant has a nice fence along the freeway and would obscure the view of the outside storage. He would like the height not to exceed the fence.

Mr. Boyd stated he would not want to store anything along the fence, he would rather store items near the building.

City Manager Gary Esplin explained the applicant stated he primarily stores inside with a limited outdoor storage of 30 days or less.

City Attorney agrees with City Manager Gary Esplin to limit the outdoor storage to 30 days or less.

MOTION: A motion was made by Councilmember Hughes to approve the change
to the PD to add outdoor moving and storage with a limit of 30 days for
outdoor storage and a height limit of 6 feet.
SECOND: The motion was seconded by Councilmember Pike.
VOTE: Mayor McArthur called for a roll call vote, as follows:

Councilmember Bunker - aye
Councilmember Almquist - aye
Councilmember Nickle - aye
Councilmember Pike - aye
Councilmember Hughes - aye
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October 18, 2012
Page Nine

The vote was unanimous and the motion carried.

PUBLIC HEARING/ZONE AMENDMENT/ORDINANCE:
Public hearing to consider an amendment to the Boulevard Home Furnishings Planned Development Commercial zone to add “private senior center” to the list of permitted uses for the property at 390 North Mall Drive. Mr. and Mrs. Jerry Anderson, applicant.

City Planner Ray Snyder explained the applicant would like to establish a “private senior activity center” in 8,250 square feet in the tenant space located just north of and adjacent to the Boulevard Furnishings Home Store. The applicant anticipates a maximum of 30-50 people at one time and the proposed hours are Monday through Friday from 10:00 a.m. to 8:00 p.m. He added, there were concerns from residents at the Planning Commission regarding congestion in the parking lot while the store was holding sales events. He explained since the sales are usually held on Saturdays, there should be no issues regarding parking because the senior center will be closed on weekends. The applicant has been working with Boulevard Home Furnishings on using valet parking at the far end of the parking lot to minimize the congestion.

Councilmember Pike commented that the Boulevard Home Furnishings Store has tent sales and the parking lot is congested at that time.

Mr. Snyder explained the initial issue at the Planning Commission meeting was that the belief that the patrons of the senior center would be parking on a dirt lot. The applicant clarified that patrons would be parking on a paved lot. Three residents spoke at the Planning Commission meeting regarding tent sales and the congestion in the parking lot. He reiterated there is an agreement between the applicant and the store to have valet parking for patrons.

Applicants Jerry and Amy Anderson stated they are very excited to have a senior center where senior citizens can have activities and socialize. The center will offer classes such as teaching senior citizens how to use today’s technology. There will be approximately 150 classed that could be offered in addition to having auditorium as well as a computer lab. The applicants are very protective of senior citizens and will have a conference room for the patrons for use to meet with sales type people to create a safe environment.

Mayor McArthur asked how the valet parking will work.

Mr. Anderson stated when the store has a tent in front of the business, the senior center will have the patrons pull right up to the door and will valet their cars.

Councilmember Pike commented as long as there is a plan with the store to work on the parking issue, there should be no problems.

Councilmember Almquist stated this is a great idea and believes some of the fears will be alleviated as time goes on.

Mr. Anderson advised there would be approximately fifty patrons at a time.

Councilmember Bunker asked if patrons will have to pay a fee to use the facility.

Mr. Anderson explained there will be fees either daily or monthly.

Councilmember Bunker inquired if this is a new idea or has it been precedented in other areas.

Mr. Anderson responded he has done research but has never seen a private senior center such as this.

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

MOTION: A motion was made by Councilmember Bunker to approve the
amendment.
SECOND: The motion was seconded by Councilmember Almquist.

Councilmember Pike stated he wanted to add the approval goes along with the recommendation from the Planning Commission.


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October 18, 2012
Page Ten

VOTE: Mayor McArthur called for a roll vote, as follows:

Councilmember Bunker - aye
Councilmember Almquist - aye
Councilmember Nickle - aye
Councilmember Pike - aye
Councilmember Hughes - aye

The vote was unanimous and the motion carried.

PUBLIC HEARING/VACATE PUBLIC ROADWAY/ORDINANCE:
Public hearing to consider vacation of a public roadway, right-of-way, and a public utility and drainage easement located at Enterprise Drive and Beehive Drive in the Ft. Pearce Industrial Park area for Family Dollar. Family Dollar, applicant.

Development Services Manager Wes Jenkins explained this request is an approval to vacate a portion of the roadway, originally designed as a T-intersection. The request will vacate and dedicate the easement in front of the location.

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

MOTION: A motion was made by Councilmember Almquist to vacate the public
roadway.
SECOND: The motion was seconded by Councilmember Bunker.
VOTE: Mayor McArthur called for a roll call vote, as follows:

Councilmember Bunker - aye
Councilmember Almquist - aye
Councilmember Nickle - aye
Councilmember Pike - aye
Councilmember Hughes - aye

The vote was unanimous and the motion carried.

PUBLIC HEARING/ZONE CHANGE/ORDINANCE:
Public hearing to consider approval of a zone change from A-1 Agricultural to RE-12.5 (Residential Estates, 12,500 sq. ft. minimum lot size), R-1-12 (Single Family Residential 12,000 sq. ft. minimum lot size) and R-1-10 (Single Family Residential 10,000 sq. ft. minimum lot size) on 19.80 acres located on the east, west and south sides of Little Valley Elementary School on Horseman’s Park Drive. City of St. George, applicant.

Bob Nicholson advised the request is to change from A-1 to three different residential zones. The Planning Commission considered the request on three separate occasions and has recommended approval. The main issue at the Planning Commission meetings has been the desire to buffer the Horseman’s Park animal boarding property. Residents in that area wanted the property to be used as a park.

Mayor McArthur inquired if the City had previously removed property near the school.

City Manager Gary Esplin explained the property was left intending for it to be used as a library.

Mr. Nicholson explained the zone change would allow for public facilities. The solution in terms of buffering is to have a row of lots zoned RE-12.5 and allow one large animal per lot. There will be 12 lots. The proposal is to have a 50 foot public road in the subdivision. In the R-1-10 and R-1-12 there could be lot averaging and most lots are approximately 10,000 sq. feet.

Mayor McArthur asked what the set back would be.

Mr. Nicholson stated he believed it was 10 feet.

City Manager Gary Esplin explained there are some that are larger than 12,500 sq. feet and some under 10,000 sq. feet. The zone says 10,000 sq. feet because it allows for averaging. He stated that during a Planning Commission meeting he attended, there was a question raised at the public hearing that addressed the lots being R-1-10 all the way down. He explained that could not be done.


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October 18, 2012
Page Eleven

Mayor McArthur inquired it the set back could be greater than 10 feet.

City Manager Gary Esplin replied he believed the backyard set back is currently greater than 10 feet.

Mr. Nicholson confirmed the set back is 10 feet in the rear.

Mayor McArthur asked if that can be changed for this particular spot.

Mr. Nicholson explained the front set backs are a standard 25 feet and are 150 feet deep. Because of the nature of the lot depths there should be a significant area.

City Attorney Shawn Guzman advised because the property belongs to the City, deed restrictions can be include the set back.

City Manager Gary Esplin explained if the lots were to be sold, the buyer would have to agree with the deed restriction.

City Councilmember Pike pointed out that some of the lots are smaller in depth which could create problems with a larger set back.

Mr. Nicholson stated the request is in conformance with the City’s General Plan of having up to four units per acre. He explained Horseman’s Park was approved in 1978 by the County. A fair number of the lots do not have animals, but instead serve as a personal storage yard for miscellaneous items. If animals are present, they are brought in for the winter and boarded at other locations for the summer

Mayor McArthur explained the land has been used that way for a long time.

Mr. Nicholson explained the idea of the RE-12.5 is that there would be a transition from Horseman’s Park to a row of lots which have animal privileges and into a more conventional subdivision. In addition all of the plats are being recorded giving notice they are in an agricultural area.

Mayor McArthur inquired if there were signs present to note that the area is agricultural.

The consensus of the Council is that signs are needed.

City Manager Gary Esplin stated he would talk with Marc Mortensen to have signs installed.

Mr. Nicholson stated the Planning Commission recommends approval with the condition of having a maximum of 49 lots as shown in the plat.

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

MOTION: A motion was made by Councilmember Almquist to approve the zone
change recognizing restrictions on zone changes in the future to include deed restrictions for lots
1-12.

Councilmember Hughes inquired if the City could, at some point, require fencing on a plat approval.

City Manager Gary Esplin stated the City may want to look at that when the lots are sold. If they are sold individually, the developer may put the walls in as part of the sale. The City may consider an adjustment on the purchase price since this was not part of the bid. He explained the Master Plan would allow for more than 49 units; it is a compromise.

SECOND: The motion was seconded by Councilmember Pike.
VOTE: Mayor McArthur called for a roll call vote, as follows:

Councilmember Bunker - aye
Councilmember Almquist - aye
Councilmember Nickle - aye
Councilmember Pike - aye
Councilmember Hughes - aye


St. George City Council Minutes
October 18, 2012
Page Twelve

The vote was unanimous and the motion carried.

APPROVAL OF MINUTES:
Consider approval of the minutes of the City Council meeting held September 27, 2012.

Consider approval of the minutes of the City Council meeting held October 4, 2012.

Consider approval of the minutes of the City Council meeting held October 11, 2012.

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 Almquist - aye
Councilmember Nickle - aye
Councilmember Pike - aye
Councilmember Hughes - aye

The vote was unanimous and the motion carried.

ADJOURN TO CLOSED SESSION:

MOTION: A motion was made by Councilmember Pike to adjourn to a closed
session to discuss litigation.
SECOND: The motion was seconded by Councilmember Nickle.
VOTE: Mayor McArthur called for a vote, as follows:

Councilmember Bunker - aye
Councilmember Almquist - aye
Councilmember Nickle - aye
Councilmember Pike - aye
Councilmember Hughes - aye

The vote was unanimous and the motion carried.



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Christina Fernandez, Deputy City Recorder