City Council Minutes

Thursday, November 21,2013



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
NOVEMBER 21, 2013, 4:00 P.M.
CITY COUNCIL CHAMBERS


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

EXCUSED:
Councilmember Ben Nickle

OPENING:
Mayor McArthur called the meeting to order and welcomed all in attendance. The Pledge of Allegiance to the Flag was led by Mayor McArthur and the invocation was offered by Reverend Jimi Kestin. He invited all scouts and students in the audience to introduce themselves.

Mayor McArthur advised items 3E and 6H have been tabled from the agenda.
AWARD OF BID:
Consider approval of an engineering services contract with Rosenberg Associates for Royal Oaks Park Phase 2.
City Manager Gary Esplin advised the contract amount is $34,300.00 and is included in the current budget to be paid out of the Park Impact funds.

MOTION: A motion was made by Councilmember Bunker to approve the contract not to exceed $34,3000.00.
SECOND: The motion was seconded by Councilmember Almquist.
VOTE: Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

ISSUANCE AND SALE OF ELECTRIC REVENUE REFUNDING BONDS/RESOLUTION:
Consideration for adoption of a resolution of the City Council of the City of St. George, Utah authorizing the issuance and sale of not more than $13,000,000 aggregate principal amount of Electric Revenue Refunding Bonds, Series 2013; and related matters.

City Manager Gary Esplin advised the City did two issues for the gas generating plant in Millcreek. The market looks good at this time. If all goes well, this would be a private placement with Wells Fargo. The savings would be approximately 6% in the annual cost, which is roughly $60,000.00 over the next 10 years. The Council will need authorize the pricing committee, which consists of the City Manager, Finance Director and the Mayor to authorize the issuance of the bond.

MOTION: A motion was made by Councilmember Almquist to adopt the resolution for the City of St. George authorizing the issuance and sale of not more than $13,000,000.00 aggregate principal amount of Electric Revenue Refunding Bonds, Series 2013.
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Page Two

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

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

The vote was unanimous and the motion carried.

City Manager Gary Esplin stated that thanks to Washington City allowing the City to go ahead of their project, the opinion of U.S. Fish & Wildlife should be received within 2-4 weeks. This should allow the construction of the Mall Drive Bridge to begin in January.

RESOLUTION:
Consider approval of a resolution to approve a Golf Cart Lease Agreement with De Lage Landen Public Finance, LLC.

City Manager Gary Esplin advised the City has an existing lease agreement for all golf carts throughout the City. Leases usually last about 5 years. The request is to replace
the existing fleet and enter into a 6 year lease agreement. The cost of the lease is $214,514.00 annually. Renting the carts is the biggest revenue source at City golf courses.

MOTION: A motion was made by Councilmember Hughes to approve the resolution to enter a new 6 year lease for 262 golf carts for $213,514.00.
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 Pike - aye
Councilmember Hughes - aye

The vote was unanimous and the motion carried.

City Manager Gary Esplin advised that the City has negotiated with the vendor to provide 15 additional carts at no charge during the busy season.

ROAD CLOSURE REQUEST:
Consider approval of a request for two road closures for the 2nd Annual Christmas Stroll Downtown event to be held on Saturday December 7, 2013. Tom McArthur, applicant.

Tom McArthur, applicant, thanked the City for their help with promoting the downtown area. He stated they would like to expand the Christmas Stroll Downtown by closing roads to hold events in the streets. They have raised $2,000.00 and would like the City to match that with funds to promote the event.

Allison McArthur stated there is not a lot downtown for Christmas. They wanted to bring this event to the area and hope it can grow. There will be outside entertainment; therefore they are hoping to get a stage.

Councilmember Bunker inquired if the City can donate the use of a stage in lieu of donating money.

Ms. McArthur stated they would like help from the City to be able to do pictures with Yellowpix and could include the City logo. The cost of the pictures would be approximately $1,100.00.
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Page Three

Councilmember Hughes asked if the event could be advertised on the City’s website.

Councilmember Pike stated the event can be advertised on the City’s website, if the City is a sponsor.

MOTION: A motion was made by Councilmember Pike to approve the road closure request as stated for 2nd Annual Christmas Stroll Downtown event on Saturday, December 7th and also recommends that staff work with the Mcarthur’s and authorize up to $2000.00 to cover the stage, if available, and $1100.00 for Yellowpix and the City be a sponsor .
SECOND: The motion was seconded by Councilmember Almquist.
VOTE: Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

FY 2013 AUDIT REPORT:
Presentation of the FY 2013 Audit Report.

Steve Palmer, with Hinton Burdick CPA and Advisors, stated they have issued a clean opinion on the City’s financial statements. He commented that the City staff who deal with finances do an exceptional job. The report has been submitted to the State auditor.

City Manager Gary Esplin advised the audit is available for viewing on the City’s website.
UPDATE WATER CONSERVATION PLAN:
Consider approval of the 5 year update to the Water Conservation Plan.

City Manager Gary Esplin advised that the state requires the City to update and review the water conservation plan in order to meet their requirements.

Mayor McArthur noted that the St. George is one of the first cities to begin conservation plans in both water and power.

Rene Fleming advised this is the second update to the plan. The state requires this, but it is also a good planning tool. She explained that she has updated the plan to include St.
information on the programs that are available. It is good to see that so many hotels are participating and it appears that water use is going down throughout the City.

Councilmember Pike inquired how the amounts compare to other cities in Utah.

Ms. Fleming state the City compares fairly well. She explained that many cities do not meter their secondary water use, so that is not part of their calculation. Other cities might only count single family residential, but divide it between their full residential.

Mayor Mcarthur commented all reports do not include the same criteria.

Councilmember Bunker noted the report looks good.

MOTION: A motion was made by Councilmember Hughes to approve the updated Water Conservation Plan.
SECOND: The motion was seconded by Councilmember Pike.
VOTE: Mayor McArthur called for a vote, as follows:


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

The vote was unanimous and the motion carried.

MEMORANDUM OF UNDERSTANDING:
Consider approval of a Memorandum of Understanding between the City and Verdi Energy Group Inc. with regard to the possible expansion at the SunSmart facility.

City Manager Gary Esplin stated this is an interesting concept which encourages the use of solar; however there has not been much involvement from the community.

Energy Services Director Phil Solomon stated he and Rene were approached by Verdi Energy Group, a local organization, that would like to expand the SunSmart program. Verdi Energy would get the financing and find the customers and the City would facilitate the project by using City land and maintaining the program. There will be no out of pocket expense for the City. He explained the downside to MOU is that if a customer does not fulfill their agreement, the City would possibly have to buy what ever power is produced in the system at the current wholesale rate. The City would retain the renewable energy credits.

Councilmember Almquist stated he likes the idea of the private sector getting involved.

MOTION: A motion was made by Councilmember Hughes to approve the MOU with Verdi Energy regarding the possible expansion at the SunSmart facility.
SECOND: The motion was seconded by Councilmember Almquist.
VOTE: Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

SET PUBLIC HEARINGS:
City Planner Ray Snyder advised that the Planning Commission at its meeting held November 12, 2013 recommends public hearings be set for December 5, 2013 to consider (1) a zone change request from RCC to AP for 1.94 acres located on the northeast corner of 200 East and 600 South; and (2) a zone change request from AP to C-4 on 0.35 acres located at 214 East Tabernacle.

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

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

The vote was unanimous and the motion carried.

FINAL PLATS:
Todd Jacobsen presented the final plats for (1) Clear Valley Farms Subdivision, a 7 lot residential subdivision located at approximately 1070 South and Morningside Drive,

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zoning is R-1-10; and (2) Escalera Phase 5, a 14 lot residential subdivision located at approximately 1960 East street and 1200 North Circle, zoning is RE-12.5.

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

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

The vote was unanimous and the motion carried.

PRELIMINARY PLAT:
Wes Jenkins presented the preliminary plat for Chaco West Phase 3, an 18 lot residential subdivision located along Tacheene Drive in the Entrada development; zoning is PD-R and density is 0.67 dwelling units per acre. One item that was an issue is the cul-de-sac being 800 feet. The City only allows a 600 foot cul-de-sac; however, there is a caveat that states if the City Engineer feels a larger one is acceptable, it can be larger. Staff felt ok with the cul-de-sac being larger as did the Fire and Water Department with the small number of lots. Since a number of the homes are second homes, there are water issues that are being addressed.

City Manager Gary Esplin advised that the Councilmembers can tell the developer to show plans to fix the issues before it comes back in for final plat.

Mr. Jenkins stated the plat normally shows a no disturb area. Right now the developer will be grading the road and utilities. When the final plat comes back , it will include a no disturb area.

MOTION: A motion was made by Councilmember Hughes to approve the preliminary plat noting that the final plat should include a solution to improve the water quality issues.
SECOND: The motion was seconded by Councilmember Almquist.
VOTE: Mayor McArthur called for a vote, as follows:

Councilmember Bunker - aye
Councilmember Almquist - 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 replace an existing 46' tall monopole tower with a new 42' tower. Sprint, applicant.

Ray Snyder presented the conditional use permit for a request to upgrade infrastructure and replace an existing 46' foot tall monopole tower with a new 42' monopole tower. For approximately six months, both towers will be in place until the old tower is removed. The site is generally located at 700 North and 1500 East. He presented pictures of what the tower will look like. The Planning Commission recommends approval. In addition, the applicant must comply with the findings.

Rock Schutjer, applicant, stated the pole will actually be shorter than planned; it will be 37' tall. He explained there are five major towers on the ridge line. The pole will not be visible from the freeway.

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MOTION: A motion was made by Councilmember Hughes to approve the conditional use permit to replacement cell phone tower up to 37', with a note that there will be two poles for six months.
SECOND: The motion was seconded by Councilmember Almquist.
VOTE: Mayor McArthur called for a vote, as follows:

Councilmember Bunker - aye
Councilmember Almquist - 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 establish a towing and impound yard in the St. George Industrial Park at 405 North Park Street. Sam Andrus, applicant.

Ray Snyder presented the conditional use permit to establish a towing and impound yard in the St. George Industrial Park at 405 North Park Street, zoning is M-1. He presented pictures of the area. The applicant plans to store the vehicles inside the building. He explained that barbed wire is allowed, not razor wire.

Councilmember Hughes explained, the reason razor wire was brought up was because a neighbor worried about people climbing the fence, not because the applicant wanted to use it.

Mr. Snyder stated that the applicant will be posting hours and a phone number in case there are any issues. There will be a gate that locks after hours. The Planning Commission recommends approval with the condition that the applicant post a visible sign stating the hours of operation along with a contact phone number. In addition, the applicant must comply with the findings.

MOTION: A motion was made by Councilmember Hughes to approve the conditional use permit for an towing and impound yard in an M-1 zone.
SECOND: The motion was seconded by Councilmember Bunker.
VOTE: Mayor McArthur called for a vote, as follows:

Councilmember Bunker - aye
Councilmember Almquist - 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 R-1-10 to AP on 15.77 acres and to OS on 28.77 acres on property on the east side of Medical Center Drive at approximately 600 South. IHC Health Services, Inc, applicant.

Councilmember Pike stepped out to remove any possible conflicts.

Ray Snyder presented the request for a zone change from R-1-10 to OS on 28.27 with no plans to develop the area. It was asked if the applicant was going to donate the land to the City, they do not plan to.

Mayor McArthur inquired about the park; he believed the Foremaster family would be donating that to the City. He asked if that was part of the property.


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Mr. Snyder stated that although the park area is not part of the property, it was mentioned at the Planning Commission meeting. There were concerns from residents that were addressed with the Planning Commission. He presented photos of the area and explained the applicant listed the types of businesses that may be on site.

Councilmember Almquist inquired on the slope line since it is listed at different percentages.

Mr. Snyder stated the applicant would have to go by hillside ordinance which is 0-20%.
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 from R-1-10 to AP on 15.77 acres and to OS on 28.77 acres on the property located on the east side of Medical Center Drive at approximately 600 South.
SECOND: The motion was seconded by Councilmember Bunker.

Councilmember Hughes commented that at the Planning Commission meeting, residents were in favor of the zone change, they were just concerned with the top part.
City Attorney Shawn Guzman wanted to clarify that the ordinance states 28.27 acres for the OS, but the back up states 28.77 acres.

Mr. Snyder stated the OS should be for 28.27 acres.

Councilmember Almquist amended his motion to 28.27 acres.

Councilmember Bunker seconded the amended motion.

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

Councilmember Bunker - aye
Councilmember Almquist - aye
Councilmember Hughes - aye

The vote was unanimous and the motion carried.

Councilmember Pike returned.

PUBLIC HEARING/ZONE CHANGE/ORDINANCE:
Public hearing to consider approval of a zone change from OS to R-1-10 on 2.81 acres located at approximately 1150 West Blackberry Circle. Silverbow, LC. applicant.

Craig Harvey presented the request for a zone change from OS to R-1-10 on 2.81 acres. The General Plan states this is low density residential, up to four dwelling units per acre; however the proposed density will be 1.06 dwelling units per acre. This project will be the final phase for the Blackberry Court subdivision. Although the property is not located within the 100 year flood plain, it is in the erosion hazard boundary. Because of this, the applicant will be installing rock rip-rap. Planning Commission recommends approval.

Rick Rosenberg, who represents the applicant, stated the erosion hazard boundary is determined by a study that was done following the floods of 2005. The flood plain line has been approved by FEMA based on the mapping and evidence submitted to them. Rock Rip-rap has been installed as an erosion protection device along the boundary of the property within the flood plain.
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Page Eight

Councilmember Almquist inquired if the length of the cul-de-sac has been calculated.

Mr. Rosenberg stated it goes right to the max that the City will allow.

Councilmember Pike inquired where the erosion protections ends.

Mr. Rosenberg stated it stops right past the corner, ties back in and goes perpendicular to the flow of the river.

Councilmember Bunker stated she is still worried about things that happened during the 2005 flood.

Councilmember Pike explained since the flood happened, there is added protection to homes in that area.

Mr. Rosenberg explained what he has seen since the flood of 2010 is that there are geologic formations that have come to the surface. Anytime the flow hits them, it turns into the trail.

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

MOTION: A motion was made by Councilmember Pike to approve the zone change from OS to R-1-10 on this property as described.
SECOND: The motion was seconded by Councilmember Hughes.
VOTE: Mayor McArthur called for a roll call vote, as follows:

Councilmember Bunker - aye
Councilmember Almquist - 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 RE-12.5 on 10.6 acres and from A-1 on 11.9 acres to R-1-10 located southeast of the intersection of Seegmiller Drive and 3000 East Street, and south of the Bridle Gate Estates. Borely Enterprise Trust, Charles Larsen, Trustee, applicant.

Craig Harvey presented a request for a zone change on 22.54 acres currently zoned RE-12.5 and A-1. The General Plan for this area is low residential with up to four dwelling units per acre. The project is known as Cornerstone. He presented aerial maps showing the proposed re-zone area. The property is within 100 feet of the equestrian buffer line. The Planning Commission recommended denial of the zone change.

Paul Blackmore, applicant, stated that they have two parcels. One of them is currently zoned R-12.5 ; they are trying to make it one zone continuous with the property to the south, which is zoned R-1-10. Bridal Gate is to the north and open space on either side. He presented a power point presentation which includes a zone change site map; Existing Buffer Zone; Cornerstone Is Out of Green Space Irrigated Zone; Road Connectivity; an aerial map of the area; Cornerstone is Roadway isolated from Bridal Gate R12.5 zone while being connected to the R1-10 zone to the south; Existing Buffer Zone; Cornerstone is out of green space irrigated zone; and Road Connectivity. He explained Cornerstone roads do not connect with any roads from Bridal Gate Estates, all roads connect to the south. There will not be any homes built within the 100 foot buffer. Homes will be fronting on the road to the east. With regard to Equestrian Trail, it will be continued through their development. As the area develops, the efficient traffic flow is north


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along 3000 East to Mall Drive or 2450 South, or south along 3000 East to Crimson Ridge Drive and the Southern Parkway.

Councilmember Hughes inquired how wide the road on the north side of their property will be.

Mr. Blackmore stated the road is Seegmiller Drive and will be 65' right of way. There is an existing canal easement which will be used for an equestrian trail. One of the current equestrian trails goes along 3000 East and will continue through their property, the other goes along the south boundary of Bridle Gate.

Councilmember Almquist stated the R-1-10 to the south has already been approved.

Mr. Blackmore stated the only difference between the zoning R-1-10 and RE-12.5 is the use of one large animal.

Councilmember Almquist inquired if the R-1-10 is already established, and this property remains RE-12.5 who would have to provide the buffer on the south boundary.

Mr. Harvey stated the buffer was only General Plan for around the Bridle Gates subdivision.

Councilmember Bunker inquired if there will be frontage on 3000 East.

Mr. Blackmore stated there would be no homes fronting 3000 East; they will be fronting on Seegmiller Drive. Part of the improvements include connectivity to the south, aligning the roads. The proposed zone change will allow for approximately 8 additional lots. They are hoping to keep the area larger to help with the hydrology issues in the area .

Mayor McArthur opened the public hearing.

Frank Crunell, resident of Bridle Gates and president of the HOA, stated there are many concerns from residents regarding the 22 acres that are low density residential, currently zone RE-12.5. He noticed the subdivision is compared with Bridle Gates; however, Bridle Gate is two dwelling units per acre, therefore he does not believe you can compare the two. Secondly, if Cornerstone would lower the density, there would not be such an issue. Smaller lots bring smaller housing and may affect property values. Thirdly, quality of lifestyle in the area. He stated the purpose of RE-12.5 is to provide permanent areas for small farms and hobby farms. When you look at permitted usage, it states that one large animal is allowed while the purpose of the R-1-10 zone is to provide for low density residential with permitted uses such as home gardens and fruit trees. Two different uses cause a problem in the making. He stated that he agrees with Mr. Spilker, who touched on the issues of the different expectations at the Planning Commission meeting. People move into this area because they love the bigger lots. Last month they dealt with a homeowner who complained about flies. He has a series of emails from this homeowner, he read portions of those emails. He stated this is not a normal residential area and appreciates the City for installing the “right to farm” signs. He asked the Councilmembers to deny the request.

Chuck Spilker stated he appreciates the points of the developer. He feels strongly that there is an obligation to protect the rights of the people in that area. He read the ordinance which pertains to this request. While he understands the developer would like to do well, he feels they need to work together and find a common ground. He spoke about the fact that Bridle Gate was zoned as A-1 not R-1-5. The Planning Commission was reluctant to give a lower density to that particular zone. They came up with a bonus density overlay which allowed Bridle Gate to be built. Shortly after Bridle Gate was developed, Cornerstone subdivision came in and requested a lower density area, the Planning Commission did not allow that. He believes there cannot be equestrian trails in an area with homes of this density. He is asking to move this gradually to the south and

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questions if the parcel should be zoned RE-12.5. Additionally, he would like to point out that there have been times he was told by the City where to put his streets, he did not have a choice.

Richard Basset, resident of Bridle Gate, stated he feels the zoning should remain as it is, since this was the way it was originally planned.

Charles Dean Larsen, applicant, stated that approximately four years ago he requested to vacate Cornerstone. At that time it was vacated, the City requested some easements. The easement to the north was used to provide for a power line and to also provide a buffer that was required by Bridle Gate. He is troubled by Mr. Spilker being here because he has met with him for some time. Had they worked out what they discussed, he would not be here today opposing the request. The other aspect is that their contiguous neighbor, Quality Development, has already been approved for R-1-10.

Brett Burgess with Quality Development, stated they will be ready to develop soon. With 3000 South being a 90 foot right of way, there are ordinances that have intersection spacing. He believes they have the ability to provide for one access until they get to the Seegmiller property down to the south. He believes this project will help increase property values. He stated zoning for neighboring properties are R-1-10 and RE-12.5

Mr. Spilker stated he did speak with Mr. Larsen; however, there was never any discussion regarding re-zoning to R-1-10.

Rod Wetzel, resident or Bridle Gate, stated he moved to that area because he has horses. Horses and automobiles do not mix. He does not care about houses that are different sizes, he is more concerned about the density and the increased traffic. In addition, he believes that if more homes are built, they will not be able to ride their horses. Neighbors
that do not have animals will complain about noise, odors and flies. If they are going to build, buffer it out further.

Doug Pierce, resident, stated 3000 East will be a major road and he believes horses should not cross that road; there are other roads that can be used for horses. He does not agree that it is an issue to have agriculture and residential mix.

Rebecca Busk, would like to see a buffer. Being a mom, she is concerned with the smaller lots because of the big trucks that go down that road. In addition, she feels this will affect her property value.

Mr. Wetzel stated they built bridle path to ride in that direction. They cannot ride where they want, as was suggested, they have to follow the bridle path.

Mr. Blackmore stated he wanted to clarify that the only difference between the zoning is the use of one large animal. With regard to the buffer, Bridle Gate is RE-12.5, they were grouped and clustered to the south. They have a buffer of over 1000 feet. There are no homes fronting the equestrian trail. It is buffered by the road, a canal and storm drain. There will not be any cars driving across the trail. With regard to the issue of density, the only difference is the RE-12.5 is 20' wider and the roads do not line up. They are not small lots, rather, they are nice homes and will be comparable with Bridle Gates. He feels they will increase the other’s home values. They will not be touching anything green. With regard to safety, they will be straightening the road and connecting it to master planned roads which will help with visibility. He asked the Councilmembers to realize that they are not trying to hurt Bridle Gate. He believes they provide the buffer. They are trying to make a better community connected to the south.

Mayor McArthur closed public hearing.

Councilmember Almquist inquired how many home would be facing Seegmiller in each zone.

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Mr. Blackmore stated there will be approximately a difference of two homes. With either zone, they will have to face Seegmiller Drive since the original design shows that.

Councilmember Hughes advised there have been issues in this area since development began. He has been pushing for bigger lots and does not think anyone will put a horse on a RE-12.5 lots. The buffer zone will not get rid of a majority of the complaints. He feels there will be future developments that may cause more problems. Although he would like to see some of that area remain agriculture, he would rather see another geographical feature other than a large power line. He believes there is a good place to cut if off.

Mr. Spilker commented the other developments were done with master plans.

Councilmember Bunker stated that while on the Planning Commission and City Council, she has seen a few of these situations. It is a hard thing to do because you cannot please everyone, you have to look a the whole area to determine what is best. The buffer zone plus the 18' of elevations makes a difference. She cannot see how an R-1-10 can make inferior homes. She does not feel the property values will decrease.

Councilmember Almquist stated Bridle Gate did not have an easy time working on the zoning. If this is to remain RE-12.5, the homeowner could have one large animal. In the R-1-10 zone, they can build a home within 20' of their back lot line, would not have a buffer between them. The Burgess property could be R-1-10 and right over the fence there could be a horse without any buffer.

Councilmember Hughes stated that he is passionate about this; this request makes sense to him. He is not trying to say everything should be 10,000', he would like all lots to be half acre lots.

MOTION: A motion was made by Councilmember Pike to approve the zone change from RE-12.5 on 10.6 acres and from A-1 on 11.9 acres to R-1-10 located southeast of the intersection of Seegmiller Drive and 3000 East and south of Bridle Gate Estates as explained with those conditions.
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 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 RE-12.5 to R-1-10 on 5.01 acres located on the east side of 2160 East Street and north of 2450 South.
Councilmember Hughes excused himself for this item.

Craig Harvey stated the request is to re-zone 5.01 acres from RE-12.5 to R-1-10 located on the east side of 2169 East Street and north of 2450 South Street, the proposed density
is 3.19 dwelling units per acre on the zone change portion, which is one more lot than it is now. He presented zoning maps which show the area. The property to the north and east are R-1-10. The proposal is within the limits of the current General Plan for this area. Planning Commission recommended denial because they felt the buffer of 12,500 would be better with the uses established in this area.

Mayor McArthur stated there is a lot of history with this parcel.

Councilmember Almquist inquired if there was any opposition from neighbors to east.

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Mr. Harvey stated the neighbors were concerned the lots would be narrow, but they will remain the same.

Mayor McArthur opened public hearing.

Milton Larsen, resident, stated everyone to the east is either A-1 or 37.5 He is all for Mr. Hughes developing and feels, money wise, things should have the same turnout. He can use the bigger lots to compensate for not getting the additional lot. The neighbors want it developed because they are tired of looking at it. The zone does not need to change to develop the parcel.

Jody Curtis who lives in the neighborhood, stated she speaks for about four neighbors. They would like the lots to match up to be the same size. She does not see anyone having animals on these lots.

Gavin Heaton, lives in the Jedora subdivision. He thinks an animal should not be on 12.5 lots, he believes it is inhumane. He wanted to know if horses have been on the lots previously in that area. He does not feel animals should be brought into the discussion.

Ben Sorenson, neighbor, stated he in favor of the zone change. He was raised with animals. There is more at stake than just the size of the lots. He does not want to see a good neighbor like Mr. Hughes leave. He is raising his family there and understands there will be increased traffic. There are already stub outs in the area for R-1-10.

Natalie Larsen stated at one time there were 30 hogs on that street. She inquired about the 100 feet buffer in that area. She wondered why is there a 12.5 zone that allows an animal if he City Council does not agree with that.

Jared Parry stated he is in favor of the change. He would like to see the property developed. Would make sense for the lots to match to keep the neighborhood uniform.

Levi Hughes stated he is in favor of the zone change. It has been said that the applicant will not develop the area if not changed to R-1-10.

Mayor McArthur closed the public hearing.

Councilmember Pike inquired how deep the lots are.

Mr. Harvey stated they are 160' deep, the zone change would not change that.

Councilmember Bunker stated the only difference is one more lot and no large animals.

MOTION: A motion was made by Councilmember Almquist to approve the zone change from RE-12.5 to R-1-10 on 5.01 acres located on the east side of 2160 East Street and north of 2450 South.
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 Pike - aye

The vote was unanimous and the motion carried.
Councilmember Hughes returned.

PUBLIC HEARING/FINAL PLAT AMENDMENT/ORDINANCE:
Public hearing to consider a final plat amendment for Lots 95 & 96 of Sunset St.

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November 21, 2013
Page Thirteen

Plateau Phase 3 and Lot 29 of Sunset Plateau Phase 1B to adjust the lot lines and
vacate the public utilities and drainage easement between said lots. Michael Hyatt, applicant.

Todd Jacobsen presented the final plat amendment for Lot 95 & 96 of Sunset Plateau
Phase 3 and Lot 29 of sunset Plateau Phase 1B. The platted lot line goes through a pool
that was installed on the property. The applicant is trying to adjust the lot lines between
said lots to match existing fences and other structures as they have been built on the
ground. Additionally, the public utilities and drainage easement located between lot 29 &
95 and also Lot 95 & 96 is vacated.

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 amend the final plat for Lot 95 & 96 of Sunset Plateau Phase 3 and Lot 29 of Sunset Plateau Phase 1B.
SECOND: The motion was seconded by Councilmember Hughes.
VOTE: Mayor McArthur called for a roll call vote, as follows:

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

The vote was unanimous and the motion carried.

LICENSING AGREEMENT:
Consider approval of a licensing agreement with FlightView to maintain the Flight Information Display System.
City Manager Gary Esplin advised the existing system has not functioned as planned. Airport staff has done studies, has a one-time setup fee of $4,815.00 and monthly fee of $618.00. The monthly amount is less than what is currently in use.

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

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

The vote was unanimous and the motion carried.

CLOSED SESSION: MOTION: A motion was made by Councilmember Pike to adjourn to a closed session to discuss a potential property purchase.
SECOND: The motion was seconded by Councilmember Hughes.
VOTE: Mayor McArthur called for a roll call vote, as follows:

Councilmember Bunker - aye
Councilmember Almquist - aye




St. George City Council Minutes
November 21, 2013
Page Fourteen

Councilmember Pike - aye
Councilmember Hughes - aye

The vote was unanimous and the motion carried.

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

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

The vote was unanimous and the motion carried.





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Christina Fernandez, City Recorder