City Council Minutes

Thursday, January 30,2014



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
JANUARY 30, 2014, 4:00 P.M.
CITY COUNCIL CHAMBERS

PRESENT:
Mayor Jon Pike
Councilmember Gil Almquist
Councilmember Jimmie Hughes
Councilmember Michele Randall
Councilmember Joe Bowcutt
Councilmember Bette Arial
City Manager Gary Esplin
City Attorney Shawn Guzman
City Recorder Christina Fernandez

OPENING:
Mayor Pike called the meeting to order and welcomed all in attendance. The Pledge of Allegiance to the Flag was led by Councilmember Almquist and the invocation was offered by Tim Martin.

Mayor Pike welcomed newly appointed Councilmember Arial.

Councilmember Randall mentioned the Local Officials Day at the Legislature in which all Councilmembers and Mayor attended yesterday.

Mayor Pike stated he would like to have item 6E be heard first.

APPOINTMENTS:
Mayor Pike asked the Council for a motion to appoint a Mayor Pro Tem.

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

Councilmember Almquist- aye
Councilmember Hughes - aye
Councilmember Randall - aye
Councilmember Bowcutt - aye
Councilmember Arial - aye

The vote was unanimous and the motion carried.

Mayor Pike advised that he has met with three of the esteemed Planning Commission members whose terms have expired. He feels it is a good opportunity to thank them and give new members the chance to serve. He would like to appoint Diane Adams, Don Buehner and Todd Staheli to serve on the Planning Commission to replace Ron Bracken, Ron Read and Kim Campbell, to be effective March 1, 2014. Additionally, he would like to appoint Doug Solstad to replace Gloria Shakespeare on the St. George Housing Authority board since she and her husband are on an LDS mission.

City Attorney Shawn Guzman advised the terms of the appointments will need to be specified and that they need to be staggered. This will be clarified at a later date to be made part of the record.

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

Councilmember Almquist- aye
Councilmember Hughes - aye
Councilmember Randall - aye


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January 30, 2014
Page Two

Councilmember Bowcutt - aye
Councilmember Arial - aye

The vote was unanimous and the motion carried.

Mayor Pike advised that he would like to appoint Brooke Smith, Judith Mayfield, Annette Hansen, Rene Fleming and Miriam Palma for Deputy City Recorders.

MOTION: A motion was made by Councilmember Randall to approve all of them as Deputy City Recorders.
SECOND: The motion was seconded by Councilmember Bowcutt.
VOTE: Mayor Pike called for a vote, as follows:

Councilmember Almquist- aye
Councilmember Hughes - aye
Councilmember Randall - aye
Councilmember Bowcutt - aye
Councilmember Arial - aye

The vote was unanimous and the motion carried.

Mayor Pike advised he would like to try a few things. Starting February 6, 2014, regular meetings which are held on the 1st and 3rd Thursdays, will begin at 5:00 p.m. rather than 4:00
p.m. to give the public more of an opportunity to participate. Work meetings, which are held on the 2nd and 4th Thursdays will continue to start at 4:00 p.m.

Councilmember Bowcutt stated that this time change is just a trial. As long as it is successful, the meetings will stay at 5:00.

Mayor Pike advised that rather than having a public forum on the 5th Wednesday he would like to try having 15 minutes at the beginning of the first regular meeting of each month to allow for open comments from the public. There will be forms to fill out for those who wish to have their comments heard. There are 3 rules that will apply: 1) they need to be a resident of the city of St. George; 2) comments will be done in a very respectful manner; and 3) if there are pending matters, the items will not be discussed if the other party is not allowed to represent themselves. Comments from the public will be included on the agenda for the 1st Thursday of each month. Additionally, work meeting agendas will now include an item in which Councilmembers can discuss their committee and board items.
City Manager Gary Esplin advised that the request for a conditional use permit to allow for a garage height was not added to agenda will be heard next week.

FINANCIAL REPORT:
Consider approval of the financial report for December, 2013.

City Manager Gary Esplin advised the financial report appears to be looking well, especially in the General Fund. The latest sales tax numbers are up while most of the state saw decreases. With the snow, golf courses could face issues as well as the increase cost of power for the Power Department.

Councilmember Almquist inquired, with regard to the Dixie Center, about the revenues versus expenditures.

City Manager Gary Esplin explained that the revenues are not shown since they are being generated, rather, the report shows the 1% room tax that the City receives. There are some costs that the City is reimbursed for.

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


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Page Three

Councilmember Almquist- aye
Councilmember Hughes - aye
Councilmember Randall - aye
Councilmember Bowcutt - aye
Councilmember Arial - aye

The vote was unanimous and the motion carried.

AWARD OF BID:
Consider award of bid to JMI Constructors for a new neighborhood park in Little Valley.

City Manager Gary Esplin advised the bid is for Silkwood Park in the Little Valley area. The proposal with the developer was to take the private park and expand it into a larger park. The City would take over the operation and maintenance. This bid is to construct the park which is included in this year’s budget.

Purchasing Manager Connie Hood advised the bid is for Silkwook Park. JMI Constructors was the low bid at $385,301.22 which is below the engineer’s estimate.

Councilmember Almquist inquired if the bid is quite a bit lower than another one, how does staff ensure that something is not missing.

Ms. Hood replied that there is an itemized bid list that is reviewed by the project engineer and the group that puts the summary together. JMI is a local contractor.

MOTION: A motion was made by Councilmember Almquist to approve the bid award to JMI Constructors for $385,301.22 for Silkwood Park in the Little Valley area.
SECOND: The motion was seconded by Councilmember Hughes.
VOTE: Mayor Pike called for a vote, as follows:

Councilmember Almquist- aye
Councilmember Hughes - aye
Councilmember Randall - aye
Councilmember Bowcutt - aye
Councilmember Arial - aye

The vote was unanimous and the motion carried.

DESIGN AND ENGINEERING CONTRACT:
Consider approval to hire an architect and engineer for the design and engineering of the Electric Theater restoration/renovation project.

City Manager Gary Esplin advised that this item is in the current budget. If approved, this will allow for a contract with Kim Campbell and Ron Larsen for the design and engineering.
When the FY14 budget was approved, Council authorized approximately $300,000.00 to stabilize the theater and to design the two adjacent buildings. This particular contract is for the stabilization of the theater with a cost of $154,938.00

Councilmember Arial inquired about what type of project is this.

City Manager Gary Esplin advised the theater was built in the early 1900's or late 1800's and is part of the downtown revitalization to protect historic preservation and economic development. The theater will provide a place for the art groups and is a form of economic development. When the consultant was hired to look if a major theater was needed downtown, it was suggested that as part of downtown it should have an arts district.

Councilmember Hughes stated that he was reluctant on this issue initially. This project was not on his top priority list. Now, he can see the wisdom in having the facility. It is a historic preservation project and it is going to benefit the downtown area.


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MOTION: A motion was made by Councilmember Hughes to approve the contract for design and engineering of the Electric Theater with Kim Campbell and Ron Larsen for $154,938.00.
SECOND: The motion was seconded by Councilmember Almquist.

Councilmember Almquist stated that the Council will receive options on what can happen with the buildings. Previously, there was a presentation on how the buildings can be used.

Leisure Services Director Kent Perkins advised that there have been focus groups and a number of individuals came in to have their input included. The intent was to meet with the architect and review the report based on the needs of the community.

City Manager Gary Esplin advised with regard to the structure itself, there are only a couple of options. He explained that the options are either preserving all of the existing buildings or preserve only the theater and tear down the other two buildings and redoing the frontage as it was historically. The outside of the building will be restored similar to what is was in 1911. The inside restoration will need to be decided.

Councilmember Arial stated she believes this is a fabulous idea. It makes sense to have things up to date for the arts.

Mayor Pike stated that it was a movie theater, however, the hope is to use the building for other things.

Mr. Perkins advised there has been a lot of research done over the past few weeks as well as discussions with some of the folks that were originally involved when the theater was built.

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

Councilmember Almquist- aye
Councilmember Hughes - aye
Councilmember Randall - aye
Councilmember Bowcutt - aye
Councilmember Arial - aye

The vote was unanimous and the motion carried.

PROFESSIONAL SERVICES AGREEMENT:
Consider approval of a professional services agreement with CRSA for the Master Plan site review for Fleet.

Support Services Manager Marc Mortensen advised the agreement is with CRSA to Master Plan the Fleet facility. The department is growing quickly with the services that they provide. The current budget includes new refueling tank and pumps, however, due to possible future expansion, staff is not sure if the original location is the right place to put them. This contract is for CRSA to review the future needs of Fleet including mass transit. Some of the funds set aside for the tanks will be used for this agreement.

MOTION: A motion was made by Councilmember Randall to approve the professional services agreement with CRSA for a site review for Fleet in the amount of not to exceed $26,000.00
SECOND: The motion was seconded by Councilmember Bowcutt.
VOTE: Mayor Pike called for a vote, as follows:

Councilmember Almquist- aye
Councilmember Hughes - aye
Councilmember Randall - aye
Councilmember Bowcutt - aye
Councilmember Arial - aye


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Page Five

The vote was unanimous and the motion carried.

INCREASE ENERGY SERVICES RATE SCHEDULE/RESOLUTION:
Consider approval of a resolution increasing the Energy Services rate schedule.

City Manager Gary Esplin advised this item is a recommendation to increase the electric fees. Last year, there were discussions with the Council explaining the problems with
regard to the increased cost of power, which the City has no control over. When the budget was approved in July, it was known that there would be a 4% increase in the cost of power from Deseret Generation and Transmission. That increase is a fixed increase built in until the year 2019. The City has seen an 11.5% increase since July 1, 2013 in cost of power and transmission. Operating costs have gone down over the past couple of years. He explained that the Council recently approved the refunding of bonds that were issued for the gas turbine project. When bonds are issued, you make covenants to maintain rates to cover the payments for the bonds. Normally, there needs to be a 1-1 coverage if impact fees are not included. Revenues have to be 125% more than operating expenses. If the rates are not increased, the City might not be able to meet its rate covenants agreed to in the bond issuance, which affects the bond rating. Raising the rates 7% across the board will put the City back to where it should be on July 1, at the end of the current fiscal year. He mentioned that in comparison, if the rate increase is approved, the City’s average cost for residents is .0956, Dixie Escalante is .0688, Washington City is .097, Santa Clara is .099, Provo is .113, Bountiful is .1073, Logan is .163, Springville is .1173, Lehi is .0968, Murray is .1034, Rocky Mountain Power is .1327, and Hurricane is .0872. Other than Dixie Escalante, the City of St. George rates are one the lowest. The proposed increase will be 7% across the board to be effective immediately.

Councilmember Almquist stated that City Manager Gary Esplin is pointing out that this is out of the City’s control. The City is forced to pass the increase through to the consumer. Based on his research there is more to come.

Councilmember Hughes stated this is a hard thing to do. It’s not the City operational costs that are increasing, it is the cost of power and transmission of that power that has increased.

MOTION: A motion was made by Councilmember Hughes to approve the resolution to increase the power rates across the board by 7% effective immediately.
SECOND: The motion was seconded by Councilmember Almquist.
VOTE: Mayor Pike called for a roll call vote, as follows:

Councilmember Almquist- aye
Councilmember Hughes - aye
Councilmember Randall - aye
Councilmember Bowcutt - aye
Councilmember Arial - aye

The vote was unanimous and the motion carried.

PUBLIC HEARING/ZONE CHANGE/ORDINANCE: Public hearing to consider approval of an amendment to the City Zoning Regulations, section 10-10-5:K to modify the requirements for mixed use projects in the C-4 zone.

City Manager Gary Esplin advised the Mayor opened the public hearing last meeting, however, the ordinance is not quite ready. There are two issues with regards to the mix of commercial and residential, can it be staggered and what is the standard for required landscape.

Bob Nicholson stated this remains a work in progress. He stated this started by trying to add flexibility to the ordinance which states that the ground floor of all buildings shall have commercial use. Staff started adding in some flexibility for developers to look at other options. The proposed language states the requirement that the ground floor be limited to

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only to commercial use may be altered to allow residential use if the following conditions are met: The view of the ground floor is obstructed from the public street by the buildings location in the interior of the project or its obstruction from street view by other buildings in the project; A minimum of 50% of the ground floor area of the project shall be for commercial uses. The commercial floor area above the ground floor may be used to satisfy this 50% requirement; and for buildings that are perpendicular to the street so that the majority of the building is not adjacent to the street, the end of the building adjacent to the street must have commercial uses on the ground floor but may have residential use on the remainder of the ground floor that is not oriented toward the public street, if the project complies with the other conditions provided in this section. These are all subject to design review by the Planning Commission and the City Council.

City Attorney Shawn Guzman stated this also falls back to default provisions depending on the size of the project.

Mr. Nicholson read additional proposed language which states: If the project is built in phases, each phase shall be all commercial or may include a mix of commercial and residential use. No phase shall be solely residential; and all buildings adjacent to a public street shall have primary frontage oriented toward the public street an shall have a design typical of a commercial building front with integrated style features compatible with other street facing buildings in the project including a significant entryway.

Councilmember Almquist advised these projects will have to come before the Planning Commission and City Council for review. Staff is not trying to design the building just give the developer options.

Mr. Nicholson read additional proposed language which states: Mixed use building heights above thirty five feet (35') will be subject to a conditional use permit as defined in this code; and parking lots shall be located in the interior of a project and not adjacent to a
public street. He believes there may be situations in which a parking lot adjacent to a street will be a reasonable alternative. Some may see prohibiting a parking lot adjacent to a street may be problematic.

City Attorney Shawn Guzman advised the ordinance will prohibit a developer who wants to put a parking lot on the corners.

Councilmember Hughes stated that most mixed use projects are planned that way, with the parking in the back.

Mr. Nicholson presented pictures of mixed use plan. If the parking lot issue can be resolved, staff feels pretty good about the ordinance.

City Attorney Shawn Guzman advised the set back for the Main Street garage it is not too far of the street.

Mayor Pike advised that the Council could continue the public hearing. He asked the audience if anyone was present that would like to make comment. He reopened the public hearing.

Wes Davis, a developer, stated he feels comfortable with most of what has been presented. The verbiage proposed by the Legal Department and staff works well. With regards to section D, he supports Mr. Nicholson’s stance on the issue, but the way it is worked doesn’t quite work. His other suggestion is regarding the landscaping section, the standard nationwide is approximately 10-15%. He is wondering if there a is simpler way to propose that by saying that it is not to exceed a certain percentage.

City Manager City Manager Gary Esplin advised he is concerned with density. If the units are rented to families with children, he questions the livability of those with children.

City Attorney Shawn Guzman stated that a C-4 zone requires a buffer zone between an adjacent zone the is different and also in the parking areas. Language can be added that

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states, if a complex include amenities, that space can be counted; however, there may still be an amount of green space that is required.

City Manager Gary Esplin suggested to put this item on the next meeting agenda for formal action. That will allow staff an additional week to review the ordinance.

Mayor Pike closed the public hearing. He asked that staff work on further refinements.

Councilmember Almquist stated that with regards to landscape, the interior might have more ground. On the frontage, landscaping is vertical, never horizontal because there is no room.

PUBLIC HEARING/CITY ZONING REGULATIONS/ORDINANCE:
Consider approval of an ordinance amending the City Zoning Regulations, Section 10-18-3:A&C to allow for a 6' high fence or wall to be built to the street-side property line on corner lots.

City Manager Gary Esplin advised this item was previously heard and that a public hearing took place. Staff was instructed to meet with the home builders association to work out some issues. The concerns are the safety zone for a driver backing out of their driveway and not able to see someone on the sidewalk. Additionally, does the Council want to regulate where a driveway would be required if there is a wall next to it.

Bob Nicholson advised that staff met with the Southern Utah Home Builders Association (SUHBA). Their position is that, on a corner lot, they would rather be able to go to the property line and allow for a solid wall. The draft ordinance would allow for a solid 6 foot wall be built on the property line. Additionally, to promote public safety and to provide for maintenance needs of various facilities and equipment the following clearances are required for fences, walls and similar structures: 1) Five feet from pad mount transformer or 4-way vault; 2) Ten feet from the door side of pad mount switch gear and five feet from the non-door side of the switch gear; 3) Five feet from fire hydrants; 4) Three feet from water meter boxes and 5) Three feet from telephone pedestals. Staff will return with an amendment that would require a driveway be located six feet from a property line. He stated that SUHBA is comfortable with the wall going to the property line if the clearances apply. Some utilities are in conduits that are placed prior to a wall being put in.

City Manager Gary Esplin stated would need to look at the location of the utilities. If over the easement, the City will tear the wall down and the homeowner would be responsible to replace it.

Mr. Nicholson stated that this issue can be addressed with the Joint Utilities Commission (JUC).

City Attorney Shawn Guzman advised the City needs to check with Baja to see what kind of clearances they need. With regards to code enforcement, the ordinance can state that a driveway needs to be 6 feet from the fence, however, some homeowners may cement the area next to the driveway to park a boat. This would create a difficulty for the code enforcement officers.

Mr. Nicholson stated that for many years, as long as the fence ordinance has been in place has allowed for 4 foot wall. Now the suggestion is to allow it to go to 6 feet. There is no rush since the change is City generated.

Wes Jenkins stated at the meeting with SUHBA, it was discussed to put a note on the plot that the driveways will have to go on the other side. Curb cuts are included in the ordinance and states that driveways have to be 6 feet off the property line.

City Manager Gary Esplin stated that the Council can adopt the ordinance as proposed. Staff can work with the utility companies to make sure the cable companies conform.


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City Attorney Shawn Guzman inquired if the Council wanted to add language that talks about the cement being added next to a driveway. It would be easier for code enforcement to say that it is ok to fill that area in as long as the curb cut is still at least 6 feet over.

City Manager Gary Esplin stated that Phil Solomon pointed out that if the language states communication that would cover cable as well.

City Attorney Shawn Guzman advised the language should add video.

MOTION: A motion was made by Councilmember Hughes to approve the amendment to this code with an amendment adding the curb cut being 6 feet from the property line and that it is ok to fill in that area and to add in section 10-18-5 to add communication or video pedestal.
SECOND: The motion was seconded by Councilmember Almquist.
VOTE: Mayor Pike called for a roll call vote, as follows:

Councilmember Almquist- aye
Councilmember Hughes - aye
Councilmember Randall - aye
Councilmember Bowcutt - aye
Councilmember Arial - aye

The vote was unanimous and the motion carried.

HISTORIC PRESERVATION COMMISSION REPORT:
Report from the Historic Preservation Commission meeting held January 14, 2014.

Bob Nicholson stated the Historic Preservation Commission discussed the Orval Hafen home. In 2012, the City Council designated the property as a City Landmark site. There were some stipulations that required the property owner to add siding to the home in addition to changing the roof from metal to composite shingle. The applicant found out that replacing the roof was going to be difficult. Commission recommends the metal roof can remain if it is repainted to a tan color to be approved by Kim Campbell.

Councilmember Almquist stated the original roof was asphalt with gravel. At that time it blended with the architecture.

Mr. Nicholson stated the estimate was approximately $60,000.00 to replace the roof and a few thousand to paint it.

Susan Crook, representative for the applicant, explained that she spoke with the state historic preservation office about this property. She asked them if they felt it was important to do anything with the roof at this point. They told her that they could not make the determination without an application. She believes the home is an important home to the community. There is an intent to maintain the prop as part of the exhibit for the arts.

Councilmember Arial stated the home sits up on the top of a hill. The integrity of the historic home is there when you look at it. She feels it would be appropriate to leave the roof as is.

Ernie Doose, applicant, stated this is an amazing home, but it needs to have a full restoration. He explained that they are a non profit organization. It is still their intent to restore the home to its original look. They have not been able to operate for the past 2 years because they could not get a business license since they could not meet the restrictions. They are willing to paint the front of the roof. Their intent is to get the home on the national registry and to get to the home to its original state.




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Councilmember Almquist stated his concern is what sort of life they would get out of painting it. He changed his feelings and believes the Council should stay this request and allow them to get their business license.

City Manager Gary Esplin advised the Council can approve the recommendations from the commission and delete the requirement to paint the roof.

MOTION: A motion was made by Councilmember Arial to approve the deletion and accept the home as is.
SECOND: The motion was seconded by Councilmember Randall.

Councilmember Almquist stated he believes that in this case the color is acceptable.

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

Councilmember Almquist- aye
Councilmember Hughes - aye
Councilmember Randall - aye
Councilmember Bowcutt - aye
Councilmember Arial - aye

SPECIAL OLYMPICS POLAR PLUNGE:
Consider approval of the Special Olympic Polar Plunge.

Police Officer Jeremy Needles advised this will be the second annual Polar Plunge. Last year they raised $17,000.00 for the Special Olympics. The pool is set to 38 degrees and will have two tons of ice. The event will be February 22 starting at 10:00 a.m.

MOTION: A motion was made by Councilmember Almquist to approve the request for the use of the City Pool.
SECOND: The motion was seconded by Councilmember Randall.
VOTE: Mayor Pike called for a vote, as follows:

Councilmember Almquist- aye
Councilmember Hughes - aye
Councilmember Randall - aye
Councilmember Bowcutt - aye
Councilmember Arial - aye

The vote was unanimous and the motion carried.

SET PUBLIC HEARINGS:
Ray Snyder advised that the Planning Commission, at its meeting held on January 21, 2014, recommended that a public hearing be scheduled for February 20, 2014 to consider: 1) A request to amend the City General Plan Land Use Map by changing the land use designation from MDR to HDR on approximately 5.71 acres located at approximately 1151 South Plantations Drive. The proposed change would allow construction of “Estancia”, a resort condominium development with opportunities for short term rentals.; and 2) A zone change request from R-1-10 to PD-C for “Jiffy Lube” on approximately 0.66 acres of land located at approximately north of the intersection of River Road and 1450 South.

Mayor Pike suggests public hearings in the future start at 5:30 p.m.

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

Councilmember Almquist- aye
Councilmember Hughes - aye
Councilmember Randall - aye


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Page Ten

Councilmember Bowcutt - aye
Councilmember Arial - aye

The vote was unanimous and the motion carried.

CONDITIONAL USE PERMIT: Consider approval of a conditional use permit to establish a short-pour concrete batch plant at 690 North Industrial Road in the St. George Industrial Park. Eric Clay, applicant.

Ray Snyder presented the request for a conditional use permit to establish a short-pour concrete plant located at 690 North Industrial Road. At the Planning Commission meeting it was discussed that the applicant will be encouraged to install landscaping which is not required in the manufacturing zone except in section 10-11-4(G). Letters of opposition were received prior to the Planning Commission meeting. One gentleman was interested in having the same type of business across the street. Planning Commission recommends approval.

MOTION: A motion was made by Councilmember Randall to approve the proposed conditional use permit.
SECOND: The motion was seconded by Councilmember Arial.

City Manager Gary Esplin asked if the motion includes the determination of the landscaping the applicant is proposing to add.

Councilmember Randall stated to add the landscaping that the owner said he would put in.

Councilmember Arial agreed.

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

Councilmember Almquist- aye
Councilmember Hughes - aye
Councilmember Randall - aye
Councilmember Bowcutt - aye
Councilmember Arial - aye

The vote was unanimous and the motion carried.

PRELIMINARY PLATS:
Todd Jacobsen advised the following preliminary plats were first approved by the Planning Commission and City Council in 2008. All are located at approximately 2050 East and Colorado Drive and are zoned PD-R. The developer is proposing name changes as follows: Red Cliffs Park Phase 9 will now be known as Red Cliffs Park Phase 5, and is a 3 lot residential preliminary plat; Red Cliff Park Phase 10 will now be known as Red Cliffs Park Estates and is a 4 lot residential preliminary plat; Red Cliffs Park Phase 5 will now be known as Red Cliffs Park East Phase 1 and is a 13 lot residential preliminary plat; and Red Cliffs Park Phase 6 will now be known as Red Cliffs Park East Phase 2 and is a 16 lot residential preliminary plat.

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

Councilmember Almquist- aye
Councilmember Hughes - aye
Councilmember Randall - aye
Councilmember Bowcutt - aye
Councilmember Arial - aye

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Page Eleven

FINAL PLATS:
Todd Jacobsen presented the final plats for Red Cliffs Park Phase 5, a 3 lot residential subdivision located at Colorado Drive and 2050 East, zoning is PD-R; Red Cliff Park Estates, a 4 lot residential subdivision located at Colorado Drive and 2050 East, zoning is PD-R; Red Cliff Park East Phase 1, a 13 lot residential subdivision located at Colorado Drive and 2050 East, zoning is PD-R; Red Cliffs Park East Phase 2, a 16 lot residential subdivision located at Colorado Drive and 2050 East, zoning is PD-R; Riverside Cliffs Subdivision Phase 1, a 28 lot residential subdivision located at approximately 1900 East Riverside Drive, zoning is R-1-8. Staff is working with the Legal Department with regards to a land exchange, the approval of the plat needs to be contingent on Legal approval and is formally known as Palomar Subdivision; Sunterra Subdivision, a 9 lot residential subdivision located at approximately 2110 East and Coyote Springs Drive, zoning is RE-12.5; Sycamore Phase 5, a 3 lot residential subdivision located at approximately 3900 South Little Valley Road, zoning is R-1-10; The Vistas at Entrada Phase 1, a 10 lot residential subdivision located at approximately 2600 North and 2000 West, zoning is PD-R; and Whisper Ridge Phase 5, a 16 lot residential subdivision located at approximately 800 South Cresole Drive, zoning is R-1-10.

City Attorney Shawn Guzman advised that Whisper Ridge Phase 5 is subject to Legal review as well.

Mr. Jacobsen presented a final plat amendment for Snowfield Estates Amended #4, located at 61 South and 65 South Clinton Circle. The proposal is to take the line between 41A and 41B and adjust it to fit down the middle of the house. Originally, there was a problem with the north line and the offsets because of where a wall was built. All aspects in the final plat are carefully reviewed and meets all preliminary plat conditions and approvals.

City Manager Gary Esplin explained the preliminary plat approval process.

MOTION: A motion was made by Councilmember Hughes to approve the final plats and final plat amendment as outlined subject to Legal review for Whisper Ridge Phase 5 and Riverside Cliffs Phase I.
SECOND: The motion was seconded by Councilmember Almquist.
VOTE: Mayor Pike called for a vote, as follows:

Councilmember Almquist- aye
Councilmember Hughes - aye
Councilmember Randall - aye
Councilmember Bowcutt - aye
Councilmember Arial - aye

The vote was unanimous and the motion carried.

Councilmember Almquist inquired about the road at the end of Colorado that could possibly connect to Washington City. He asked if there was any progress with that.

The developer stated that the original drawing did show the road, but with drainage, he worked out with staff that the best thing is to put in the knuckle. They are dedicating the easement for future a possible future road.

PRELIMINARY PLATS:
Wes Jenkins presented the preliminary plat for Cornerstone Subdivision Phases 1-4, a 65 lot residential subdivision located at the southeast corner of the intersection of 3000 East and Seegmiller Drive, density is 2.93 dwelling units per acre and zoning is R-1-10. This plat originally came to the City a number of years ago and the final plat was approved and recorded. The property fell into bankruptcy and new owner asked the plat be vacated. At the time the plat was vacated, the owner requested that the portions of 3000 East that were dedicated to the City, remain as public right-of-way and the equestrian trail easement along 3000 East and the easement along the extension of Seegmiller drive remain as
dedicated to the City. The developer will put in a deceleration lane off 3000 East. The lots
along 3000 East will be double fronting lots and will require a 10 foot landscape strip and a

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January 30, 2014
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6 foot privacy wall. Staff is recommending that the 5 foot sidewalk along he north side of Seegmiller Drive be eliminated from 3000 East to proposed lot 61. The future multi-use trail along the north side of Seegmiller will be used in lieu of the sidewalk. There is a 100 foot buffer setback along the south side of Bridle Gate that is part of the City General plan. This buffer is to separate residential from agriculture. The buffer will severely affect lots 61 and 65. Staff’s opinion is that the buffer should be from the equestrian arena on the north side of Bridle Gate, not from the south property, therefore, staff recommends that the buffer not be used against these lots. The developer is proposing a detention basin north of lot 65. He spoke with the Parks Department to see if that would be a nice amenity as part of their trails. Originally, there was a 66 foot road, however, there is an overhead transmission line that cannot be moved. He visited with the Public Works Department and they feel comfortable for the road to go a 50 foot road.

Councilmember Hughes stated that they took somewhat of a beating with regard to the buffer.

City Manager Gary Esplin stated that it is important that the lots are the same size as the ones across the street.

MOTION: A motion was made by Councilmember Almquist to approve the preliminary plat for Cornerstone Subdivision Phases 1-4.
SECOND: The motion was seconded by Councilmember Randall
VOTE: Mayor Pike called for a vote, as follows:

Councilmember Almquist- aye
Councilmember Hughes - nay
Councilmember Randall - aye
Councilmember Bowcutt - aye
Councilmember Arial - aye

The motion carried.

PRELIMINARY PLAT:
Wes Jenkins presented the preliminary plat for Riverside Cliffs Phase 2, a 23 lot residential subdivision located south of Riverside Drive at approximately 1900 East, density is 3.36 dwelling unites per acre and zoning is R-1-8. The existing rock walls shown on this preliminary plat were constructed originally when the subdivision was known as Palomar subdivision. A letter from a geotechnical engineer will be required prior to the recording of the final plat that states that these walls were constructed per the City standards.

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

Councilmember Almquist- aye
Councilmember Hughes - aye
Councilmember Randall - aye
Councilmember Bowcutt - aye
Councilmember Arial - aye

The vote was unanimous and the motion carried.

PRELIMINARY PLAT:
Wes Jenkins presented the preliminary plat for Riverstone Subdivision Phase 9, a 13 lot residential subdivision located on the west side of Pioneer Road at approximately 4000 South, density is 2.34 dwelling units per acre and zoning is R-1-10. The project was part of the original Las Colinas subdivision. There is an existing overhead transmission line that extends through this property. The developer, with Dixie Power, is relocating that line to the south boundary line of the project. The developer is proposing a rock slope along the rear of lots 114-120 and 41, 43 and a small portion of lot 42. To construct the proposed .
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January 30, 2014
Page Thirteen

public roadway, the developer will be required to grade onto the SITLA property to the south. Additionally, the developer is proposing to install sewer from lot 40 to the west along the proposed public roadway and dedicate a small piece to the City. Parks does not know if they would like the property. The proposed cul-de-sac is approximately 870 feet in length. The City standards state that a cul-de-sac shall not be longer than 600 feet in length. Staff recommends that he cul-de-sac be allowed to 870 feet in length in lieu of a proposed 300 foot driveway.

MOTION: A motion was made by Councilmember Hughes to approve the preliminary plat for Riverstone Subdivision Phase 9 with conditions outlined by staff.
SECOND: The motion was seconded by Councilmember Almquist.
VOTE: Mayor Pike called for a vote, as follows:

Councilmember Almquist- aye
Councilmember Hughes - aye
Councilmember Randall - aye
Councilmember Bowcutt - aye
Councilmember Arial - aye

The vote was unanimous and the motion carried.

PRELIMINARY PLAT:
Wes Jenkins presented the preliminary plat for Meadow Valley Estates Phase 4, a 7 lot residential subdivision located on the west side of Little Valley Road at Mountain Ledge Drive, which is approximately 2910 South, density is 2.56 dwelling units per acre and zoning is RE-12.5. This preliminary plat was heard at the City Council meeting on December 19, 2013 and was denied. The developer has revised the layout and is proposing not to extend Mountain Ledge Drive to Little Valley Road, but instead, terminate Mountain Ledge Drive as a cul-de-sac at Little Valley Road. The two proposed lots along Little Valley Road will be double fronting lots and will require a 10 foot landscape strip with a 6 foot high privacy wall along Little Valley Road. The question is, who is to maintain the landscape strip.

City Manager Gary Esplin stated that if it is a 66 foot road, the City maintains the landscape. The developer would pay a fee per lot for the City to maintain it. It does not work if the property owner is required to do the maintenance.

MOTION: A motion was made by Councilmember Hughes to approve the preliminary plat for Meadow Valley Estates Phase 4 with notes outlined by staff with the 10 foot landscaping strip on the double fronting lots.
SECOND: The motion was seconded by Councilmember Randall.
VOTE: Mayor Pike called for a vote, as follows:

Councilmember Almquist- aye
Councilmember Hughes - aye
Councilmember Randall - aye
Councilmember Bowcutt - aye
Councilmember Arial - aye

The vote was unanimous and the motion carried.

PRELIMINARY PLAT:
Wes Jenkins presented the preliminary plat for Hidden Pinyon Subdivision, a 21 lot residential subdivision located north of Ledges Phase 7,east of Winchester Hills and directly west of hole 3 on the Ledges golf course, density is 2.56 dwelling units per acre and zoning is PD. The master plan that was approved for this development in December 2007, the area where this subdivision is being proposed was approved for 79 units over 20.5 acres which is a density of 3.85 dwelling units per acre. The developer will dedicate portions of the road and will enter into an agreement that the City will maintain the road and they will pay a fee for the maintenance of the road.



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January 30, 2014
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City Manager Gary Esplin advised the reason the street is private is because of legal issues of the original owners and developers of the subdivision. There were also some issues with the landscaping around the interchanges. His concern is, where is the other access to the property. He inquired of Stacy Young if the access is dedicated and if he had a problem hooking the road with any plats recorded with the County. In the past, there was a discussion with Winchester home owners who were concerned with development encroaching on their property. There needs to be a second access.

MOTION: A motion was made by Councilmember Randall to approve the preliminary plat for the Hidden Pinyon Subdivision.
SECOND: The motion was seconded by Councilmember Almquist.
VOTE: Mayor Pike called for a vote, as follows:

Councilmember Almquist- aye
Councilmember Hughes - aye
Councilmember Randall - aye
Councilmember Bowcutt - aye
Councilmember Arial - aye

The vote was unanimous and the motion carried.

Councilmember Almquist inquired where the water was coming from.

City Manager Gary Esplin advised the water will come from the City.

PRELIMINARY PLAT:
Wes Jenkins presented the preliminary plat for the Northgate Subdivision, a 20 lot residential subdivision located north of Ledges Phase 7, east of Winchester Hills and directly west of hole 3 on the Ledges golf course, density is 3.27 dwelling units per acre and zoning is PD. The development was originally zoned for 3.85 dwelling units per acre. It will have an undisturbed area, an open space area and a public street in the middle.

MOTION: A motion was made by Councilmember Almquist to approve the preliminary plat for the Northgate Subdivision.
SECOND: The motion was seconded by Councilmember Arial.
VOTE: Mayor Pike called for a vote, as follows:

Councilmember Almquist- aye
Councilmember Hughes - aye
Councilmember Randall - aye
Councilmember Bowcutt - aye
Councilmember Arial - aye

The vote was unanimous and the motion carried.

PRELIMINARY PLAT:
Wes Jenkins presented Fieldstone Subdivision Phase 2, a 30 lot residential subdivision located south of Little Valley Elementary School along the south side of Equestrian/Crimson Ridge Drive at approximately 2200 East, density is 3.24 dwelling units per acre and zoning is R-1-10.

Councilmember Almquist inquired if the development still has the drainage to the west.

Mr. Jenkins replied yes.

MOTION: A motion was made by Councilmember Randall to approve the preliminary plat for Fieldstone Phase 2.
SECOND: The motion was seconded by Councilmember Hughes.
VOTE: Mayor Pike called for a vote, as follows:

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January 30, 2014
Page Fifteen

Councilmember Almquist- aye
Councilmember Hughes - aye
Councilmember Randall - aye
Councilmember Bowcutt - aye
Councilmember Arial - aye

The vote was unanimous and the motion carried.

PRELIMINARY PLAT:
Wes Jenkins presented Fieldstone Subdivision Phase 3, a 26 lot residential subdivision located south of Little Valley Elementary School along the south side of Equestrian/Crimson Ridge Drive at approximately 2150 East, density is 2.81 dwelling units per acre and zoning is R-1-12. There is a master plan road that will extend Bryce Christensen’s property south through to Commerce Drive. The developer has proposed to take the road in their subdivision and make the lots double fronting. Staff felt that was a good solution, however, the developer would have to install a privacy wall. The road will be a 66 foot road. Lots will have a note on the plat about them being in an agriculture area. One question is whether a landscape strip will be required.

MOTION: A motion was made by Councilmember Hughes to approve the preliminary plat for Fieldstone Phase 3.
SECOND: The motion was seconded by Councilmember Randall.
VOTE: Mayor Pike called for a vote, as follows:

Councilmember Almquist- aye
Councilmember Hughes - aye
Councilmember Randall - aye
Councilmember Bowcutt - aye
Councilmember Arial - aye

The vote was unanimous and the motion carried.

APPROVAL OF MINUTES:
Consider approval of the minutes from the City Council meeting held on December 5, 2013.

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

Councilmember Almquist- aye
Councilmember Hughes - aye
Councilmember Randall - aye
Councilmember Bowcutt - aye
Councilmember Arial - aye

The vote was unanimous and the motion carried.

APPROVAL OF MINUTES:
Consider approval of the minutes from the City Council meeting held on December 12, 2013.

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

Councilmember Almquist- aye
Councilmember Hughes - aye
Councilmember Randall - aye
Councilmember Bowcutt - aye
Councilmember Arial - aye

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January 30, 2014
Page Sixteen

The vote was unanimous and the motion carried.

APPROVAL OF MINUTES:
Consider approval of the minutes from the City Council meeting held on December 19, 2013.

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

Councilmember Almquist- aye
Councilmember Hughes - aye
Councilmember Randall - aye
Councilmember Bowcutt - aye
Councilmember Arial - aye

The vote was unanimous and the motion carried.

CLOSED SESSION:
MOTION: A motion was made by Councilmember Hughes for litigation.
SECOND: The motion was seconded by Councilmember Randall.
VOTE: Mayor Pike called for a roll call vote, as follows:

Councilmember Almquist- aye
Councilmember Hughes - aye
Councilmember Randall - aye
Councilmember Bowcutt - aye
Councilmember Arial - aye

The vote was unanimous and the motion carried.

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

Councilmember Almquist- aye
Councilmember Hughes - aye
Councilmember Randall - aye
Councilmember Bowcutt - aye
Councilmember Arial - aye

The vote was unanimous and the motion carried.







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Christina Fernandez, City Recorder