City Council

Thursday, February 20,2014
Minutes



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
FEBRUARY 20, 2014, 12:00 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 Randall and the invocation was offered by Reverend Jimi Kestin.

FINANCIAL REPORT:
Consider approval of the financial report for January, 2014.

City Manager Gary Esplin stated that this is the seventh month of the fiscal year. The report shows that the City is moving in the right direction.

MOTION: A motion was made by Councilmember Hughes to approve the financial report for January, 2014.
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.

AGREEMENT:
Consider approval of an agreement with Interstate Rock Products, Inc. for the construction of 3000 East Phase 2.

City Manager Gary Esplin advised there is a lot of work being done on 3000 East and Mall Drive Bridge. The improvements on 3000 East were broken into 2 phases, this is the second phase which widens the road and puts in a shoulder, primarily on the west side of the road. The apparent low bidder was Interstate Rock Products at $853,294.50. The funds were approved in the current budget in the Capital Projects Fund.

MOTION: A motion was made by Councilmember Arial to approve the agreement with Interstate Rock Products for the construction of 3000 East Phase 2.
SECOND: The motion was seconded by Councilmember Randall.

Mayor Pike advised the cost of the bid is $853,294.50.

Councilmember Almquist stated the bid is lower than the engineer’s estimate. He recognizes there is a savings of approximately $40,000.

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

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

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Page Two

Councilmember Bowcutt - aye
Councilmember Arial - aye

The vote was unanimous and the motion carried.

AGREEMENT:
Consider approval of an agreement with Creamer and Noble Engineering for construction management services on the 3000 East Phase 2 project.

City Manager Gary Esplin advised this agreement is with Creamer and Noble engineering for the construction management services on the 3000 East Phase 2 project.

Mayor Pike stated that the cost of the agreement is $69,800.

MOTION: A motion was made by Councilmember Almquist to approve the agreement with Creamer and Noble Engineering for construction management services on the 3000 East Phase 2 project in the amount of $69,800.
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.

AWARD OF BID:
Consider award of bid to Morgan Painting to paint City Hall and the Police Department.

City Manager Gary Esplin advised the City offices have been in City Hall since 1980. The building is still in good shape and should have a number of years left. In the current budget have there are approximately $40,000 to paint the interior of the building as well as some general repairs. He recommends an award of bid in the amount of $67,000 , which a bit over the budgeted amount to do some improvements to Police Department building as well. There are some projects approved in current budget that can be delayed to make up the difference without having to do budget amendment.

MOTION: A motion was made by Councilmember Randall to award the bid to paint City Hall and the Police Department in the amount of $67,000.
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.

City Manager Gary Esplin advised that staff advertised a bid for proposals, this was the best proposal received.

AWARD OF BID:
Consider award of bid to JP Excavating, Inc. for the Hela Seegmiller Historic Farm located at the corner of 2450 South and 3000 East.



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City Manager Gary Esplin this item was on the last agenda. Staff has been working on this project for a number of years. The property was donated to the City for this concept. It is an exciting project.

Mayor Pike stated that after listening to some comments after the site visit, he recommends that the bid be awarded as proposed, but asks that Kent Perkins work with the designers to eliminate the paved parking since it is a historic farm. They will have to work out some issues regarding drainage as well.

Councilmember Almquist stated the parking lot is line item 60. He looked at the ADA requirements. He believes that line item 74, which is the paved trail, should remain so that those with mobility issues can still use the park.

City Manager Gary Esplin stated that he recommends the improvements along the frontage be paid out of Street Impact Fund. He suggests to put in the entrance at this time and come back with a proposal for improvements.

MOTION: A motion was made by Councilmember Almquist to award the bid to JP Excavating for the Hela Seegmiller Historic Farm with the considerations of the parking lot changes as discussed.
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.

AWARD OF BID:
Consider award of bid to Interstate Rock Products, Inc. for Little Valley Road improvements.

City Manager Gary Esplin advised that the Mayor and Council took the field trip to the Little Valley area last week.

Mayor Pike stated last week was a great chance to see the area. He recommends the bid be awarded with the following notations: install a 4-way stop at Crimson Ridge and Little Valley Road; no parking on Little Valley Road; and to install curb, gutter and sidewalk on the east side. The equestrian trail would be left as dirt.

Councilmember Arial stated that she would like to see improvements made to the existing equestrian trail.

City Manager Gary Esplin clarified that the road width will not change. There will be no parking which will allow to two lanes going each way. All accesses are off other streets.

Councilmember Randall inquired if the speed limit can be lowered from 35 to 30. Little Valley Elementary is a walking/ bicycle school. There will always be kids crossing the road. She would also like to consider a flashing speed sign. Her concern is for the kids the area.

Transportation Services Manager Cameron Cutler stated that a speed study is typically done to determine what speed the majority of the traffic is traveling. The speed limit is set accordingly based on federal highway guidelines.

City Manager Gary Esplin stated that he understands the concern. He suggests putting in the stop signs and then doing the speed study.



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Councilmember Hughes commented that even though there is no parking, there is still a 4 foot shoulder with curb and gutter for cyclists.

Councilmember Almquist stated those that live in the agricultural area will eventually funnel onto 3000 East. For those that are casual day drivers, out of courtesy, try to the traffic through funnel to 3000 East. With the construction on Little Valley Road, there is a need to reopen the portion that is closed. Even if it is temporary, there needs to be a 4-way stop at Crimson Ridge.

Councilmember Arial commented that this is a real growing pain for the community. There are a number of good ideas on both sides. This will take cooperation and respect by the citizens. When she tried to stop traffic to allow a student to cross, the mothers in their cars did not stop.

Mayor Pike stated that staff can also look at having a crossing guard at the school.

MOTION: A motion was made by Councilmember Hughes to approve the bid to Interstate Rock Products in the amount of $740,307 to construct Little Valley Road Improvements with changes outlined tonight that include no parking on Little Valley Road, curb and gutter, the 4-way stop, looking at opening the road during construction and doing the speed study.
SECOND: The motion was seconded by Councilmember Almquist with the comment that the back up material for the request has the incorrect name, it states Interstate Rock Projects, but should be Interstate Rock Products.

Councilmember Bowcutt commented that the discussion listed on the request includes lowering the existing waterline in a section of the roadway. He inquired if that was part of the bid.

Mayor Pike answered that is not part of this bid, that it is being done currently.

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.

City Manager Gary Esplin commented about the patience and growth. He stated that with the 3000 East Phases 1 and 2 in addition to the Mall Drive Bridge, the City will spend approximately $15 million on roads in the current fiscal year particular area. He asks for patience from those living in the area. All of the improvements will be done and in place by the next school year.

PUBLIC HEARING/ZONE CHANGE/ORDINANCE:
Public hearing to consider approval of a zone change from R-1-10 to Planned Development Commercial on 0.66 acres located north of the intersection of River Road and 1450 South Street. Novasource Sunwest, LLC , applicant.

Ray Snyder presented a power point presentation which included the following topics: Jiffy Lube; Introduction; site plan; aerial photo; plat from Washington Coutny Recorder; GIS map; Building Height and Elevations; renderings; ‘Conceptual’ Cross Section; Engineered - Cross Section ‘C’; final-engineered design section. He stated the request is to change the zone from R-1-10 to PDC to construct a Jiffy Lube. Access to the site will be from River Road via a right-in right-out shared driveway with Maverik. The lighting will be photometric dark style lighting which will be provided when the civil engineering plans are submitted to staff for review. This item was discussed for approximately an hour at the

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Planning Commission meeting. The main concern of residents is environmental protection. Jiffy Lube’s attorney advised mitigations as follows: 1) Only oil is processed (no gasoline) and the viscosity allows for a much easier clean-up (does not migrate in water table; 2) A company called Thermo Fluids picks up the used motor oil on a regular basis. It is taken to be recycled (Las Vegas); 3) There is a water proof concrete vault in the building in which oil drums are stored (double containment); 4) Oil drums have an inlet shut-off valve to contain all oil collected. Typically use 55 gallon drums and the maximum volume ever on site would be 1,500 to 2,000 gallons; 5) There are no underground storage tanks (not like a gas station); 6) If oil is not collected at a business such as Jiffy Lube, many private
residents would dispose of oil at landfills and it would not be recycled; 7) UL certified containers are used; 8) Approximately 40 vehicles a day are serviced; about 4 per hour - low traffic impact; 9) Meet all environmental laws in existence; and 10) If there were any release Jiffy Lube acknowledges liability, but motor oil remediation is insignificant (due to viscosity).

Councilmember Hughes stated that he had the opportunity to ask questions. The site will have 1500-2000 gallons of oil at one time. There was a lenghty discussion at the Planning Commission regarding the environmental issues.

Mr. Snyder stated that this project is coming in alone for a zone change, the Maverik site has already been approved for a zone change. Across the street is a much larger commercial project that this would be associated with.

Councilmember Almquist asked about the lighting. His concern that the lighting does not drop straight down. He would like to have the developer clear up what type of lighting will be used.

Mr. Snyder stated that when the photometric plan comes in, it will have that information listed. Staff does not want the light shining on neighbors. Some things cannot be controlled, however, staff can control the lighting.

Shane Smoot stated that with regard to the lighting, the hours of operation are from 8:00 am - 7:00 pm during summer; in the winter they will close at 6:00 pm and will have the lights off. Cars will come into the back of the building for service and will exit through the front.

Councilmember Almquist inquired if there could be a few more trees around the dumpster area. That may go along way for being neighborly.

Mr. Smoot stated that since the Planning Commission meeting, they have had number of discussions with residents and area doing exactly what Councilmember Almquist is suggesting. There will be a 6 foot planting area as well as a hedge with periodic trees. He has shared the plans with the residents. In the early stages, the threat that a quick lube poses to the environment was significantly distorted. The oil, antifreeze and oil filters are recycled. The tenants have been in the industry for 30 years and are very sensitive to the environmental concerns. The chance of anything leaking into the River is extremely remote. He stated that they do accept oil from those that do their own oil changes for recycling.

Councilmember Randall stated that she drives by the site everyday. She inquired how many feet the from north side of the Jiffy Lube will it be to the River.

Mr. Smoot advised that will be approximately 50-70 feet. From an environmental standpoint, motor oil is dramatically different from gasoline. Motor oil is very viscous and pools. After having experience in developing and overseeing hundreds of quick lubes. If there is ever a release, the oil pools right by the tank. The largest container will be 550 gallons, if one ruptures, it is sitting in an 8 foot vault.

Mayor Pike opened the public hearing.



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Sharylin Carter, resident, read portions of her email that she sent to each of the Councilmembers. Jiffy Lube is a fine company, however, this location is prone to environmental hazards. Industry standards are being changed and upgraded only when a catastrophe occurs. She would like to see the Jiffy Lube built in another location, perhaps across 1450 East. Additionally, she would like to see the request tabled until there is more awareness. She asked the Councilmembers to think through the guidelines prior to making a decision.

Councilmember Randall asked Ms. Carter if she would be ok with a business such as a hair salon in that location.

Ms. Carter responded that a hair salon has no underground environmental collection. This is a liquefaction zone, the ground turns to liquid and can shift. She believes there are other locations that this business can be, however, Jiffy Lube likes this corner because it is connected to the Maverik. If there are any hesitations from the Councilmembers, to take more time to reconsider and research deeper. No one was guaranteed that this project would sail smoothly through the approval process. Her personal opinion is that there should not be development so close to the River. If it is developed, it should be a business with no potential hazards. St. George is in an earthquake prone area.

Councilmember Hughes asked Ms. Carter if her personal preference is that nothing is developed along the River.

Ms. Carter stated yes, she prefers that no businesses be in that area, especially one that poses a hazard.

Lorri Kocinski-Puchlik, resident, stated that she is very vested in the vision of the St. George community and has served on a number of committees. She asked that the Councilmembers carefully consider the request to determine if the development it is in keeping with the most important vision, value, goals, objectives and put forth in the City’s General Plan. She has read the General Plan 4 times and asks that the Councilmembers carefully weigh the opportunity costs and the risks versus rewards. She asked if there are
other alternatives that will enhance and compliment the community. A stated objective of the General Plan is to guide development in such a manner that will enhance St. George as an attractive, diverse, convenient and sustainable place to live and visit while preserving the City’s unique community character. She believes the Virgin River and the banks of the River are unique and natural resources. What is built there will either provide an opportunity to maintain or enhance this character or detract from it. A car maintenance shop is not unique. All retirees, visitors and students will be disheartened and discouraged to see this type of use within such a close proximately to the River and trail system. A better use of the land would be bike repair shop or a specialty running shoe store. There is a tremendous opportunity lost putting a car maintenance facility on the edge of the river bank. She encouraged the Councilmembers to walk the area and see how close it is to the river bank. She would like to see the right message in that what is built on the banks of the River is important. River banks and trails are significant to the community.

Hal Hickman, resident, read the remainder of Ms. Puchlik’s letter. It stated that if a car maintenance facility is built on this area, it would be a scar just as the excavation scar on the black hill is. This is a business friendly community. No promises were made by the City regarding what specific land uses would be approved.

Ms. Puchlik asked the Councilmember to vote no on this request. Additionally, she asked for following conditional use efforts to minimize the impact on the River: consider increasing the distances between buildings or parking services from the river edge, to reduce storm water runoff into the River that can carry pollutants from vehicles, require that storm drain water be diverted away from the River and be detained, require a minimum setback from the riverbank edge to create a small open space buffer zone, and require planting native vegetation that would not require a lot of fertilizer on this parcel.

Ronna Marker, resident, stated that she and her family will be highly affected by the Jiffy Lube. There is a beautiful City trail right behind her house which will be extended on the

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other side of the River and will run in front of the Jiffy Lube. The land is designated as commercial, it was meant as a neighborhood commercial center. During the Planning Commission meeting, Commissioner Ron Read indicated that the list of uses for the proposed development needed to be reviewed for the possible negative impact to nearby residential neighborhoods. Building a Jiffy Lube will have a negative impact on their neighborhood and would also change the dynamic of their neighborhood. Novasource’s website indicates that they provide innovative growth strategies and specialize services to retail companies, some of which include Del Taco, Fazzoli’s and Panda Express. Several companies that would provide walkable value to the neighborhood center. As a spokesperson for the neighborhood that will be most impacted, she asked that the land be developed with neighborhood friendly businesses. Since her bedroom window looks out to the development, she desires a large wall be placed. She asked the Councilmembers to decline this request and suggested a land swap. She would love to have a restaurant go in that area.

Cordell Peterson, resident, stated that he is concerned with not only the Jiffy Lube, but the rip rap going into the river. He explained that any time you put in rip rap, it increases the flow and speed of the River. There is no indication that anyone down the River knows what is going on. He believes FEMA funds are being used to install the rip rap. If that is the case, then federal money is being used to accommodate private businesses. In 2005 the whole area was covered during the flood. It does not make sense to put a building along the River and rip rap to accommodate private enterprise.

City Manager Gary Esplin clarified that was a FEMA project was for the County to deal with erosion control. It was not done to benefit private property owners. All permits were obtained and plans were reviewed. Rip rap is done based upon the 25 year flood elevation. It is done to protect the movement of the River, not to prevent the water from rising above the structure. It does not necessarily increase the flow of the River. Additionally, it protects the utilities and the River Road Bridge from being eroded. Not to promote development by adjacent property owners. An erosion protection barrier keeps the River within the boundaries of erosion protection. The City has an erosion protection plan and requires developers to show how they mitigate their uses to conform to the erosion protection zone.

Councilmember Almquist stated the City learned something from the protections of the regional sewer line. In the 2011 flood there were some issues on how it was constructed. They changed the design from that effort.

Greg Murray, resident, stated his concern is with the traffic flow from any business in that area. Adding any development will make the traffic worse. Additionally, he is worried about the floods that take place in that area. He concurs with the other comments regarding the unsightliness of the building.

Dorothy Engleman, resident, stated she is also concerned with the rip rap. The General Plan states that the City will not channelize the River. She also encouraged the Councilmembers to allow for more time for continued studies in this area. This is too valuable and sensitive of an area with number of concerns that have been raised without taking additional time.

Hal Hickman stated that he can see the development from his home. Using Google Map, he followed the Virgin River down to Lake Mead, looking closely at the River bed. This River is one of the few rivers that does not have a dam. In no location on the River was there construction of an oil based business. The closest that comes to it is at Quail Lake. His concern is the aesthetics of the beautiful river. The Mall Drive Bridge is being built
early so that it would not interfere with the endangered species in the River. Allowing the oil based businesses to be in that area opens the door to ruining this river. He urged the Councilmembers to think about their decision. Jiffy Lube can go somewhere else in the City, not at this location.




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Councilmember Hughes, stated that his philosophy is to honor property rights and to promote commerce and smart growth. He asked Mr. Hickman how he feels about property rights.

Mr. Hickman stated he is all for property rights. Those in this valley have tried to protect our rivers. Those people that have ground next to the rivers are sensitive to the rivers. Anyone who owns a property should build what they think is proper. They have to look at the right of others as well as the environment. Everyone has the right to develop per the City’s Master Plan. It is a difficult task to balance property rights against intrusion into quality of this city.

Mayor Pike closed the public hearing.

Councilmember Bowcutt inquired if Novasource was planning on having a basement.

Mr. Smoot advised there will be a pit area directly below the bay, which is a 10 inch concrete vault, where storage will be kept. He appreciates and respects what has been said. He stated that he has never suggested the City has made a promise. This project is not a conditional use. He feels it is important to note that they have invested approximately $500,000 into this project, much of which was for moving utilities. Contributing to the work that has been done on the river. This is a light use when it comes to traffic, other businesses such as a restaurant, would have a much higher impact on traffic. He has identified about 6 other gas or oil uses along the rivers in St. George. He explained that the Walmart, which is right on the banks of the River, performs many more uses than a quick lube does.

Councilmember Almquist asked Mr. Smoot if the parcel east of the Maverik was considered.
Mr. Smoot replied that they could not afford that property as a quick lube is intended to be a lower cost convenient preventative maintenance type use. There are going to be approximately nine parking stalls.

Councilmember Randall stated that this is difficult for her. Living near the property, she is disappointed that this area can be developed, however, she agrees with private property rights. Additionally, she is concerned with how customers are going to turn into the driveway as well as anything being built so close to the River.

City Manager Gary Esplin stated that he recognizes there are traffic issues on 1450 South. Staff has been looking into what can be done to alleviate some of the issues.

Councilmember Almquist stated that he too lives in that area, and has seen the area change dramatically because of the floods. He was hoping that the Jiffy Lube would be on the east side of the Maverik. If the developer can increase the landscaping along the River, he believes they can almost make the building disappear.

Councilmember Hughes inquired if there are any guidelines on how close a development can be to the River.

City Manager Gary Esplin advised that FEMA provides insurance to homes. A structure cannot be built in the flood way. There is room for one additional building to the east. Additionally, there will be a trail head that will go east. The general plan does state that the City wants to protect the River. The City has been very active in trying to protect the River and has purchased every available right-of-way that becomes available in the flood way. In addition, the City owns almost all of the flood way properties. Per City ordinance, those that own property in a 100 flood plain zone have the right to develop if they elevate their building outside of the 100 year flood plain. The City has not guaranteed permits of any sort. It took years for the Maverik developers to get their permit. They have the right to develop in the 100 year flood plain, the question is what to allow. The parcel is currently zoned residential. The general plan states that the best use for this area is commercial. Vision Dixie would promote this type of business rather than having to drive across town for these types of services.

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Councilmember Hughes stated that you cannot argue that this would not be convenient or diverse. Whether this will be attractive is the question.

Mr. Puchlik stated that there should be something that is unique. She believes the Council has to look at the risk versus reward and cost versus convenience.

Mayor Pike advised that the public hearing is closed.

Councilmember Hughes advised that all of the Councilmembers are very conscience of property rights. This is a tough issue for him. Although he gets upset with some of the environmental issues that have to be faced with regard to the River, he has a deep respect for the natural surroundings of the River. If a buffer zone is required, he asked where should that buffer zone be.

MOTION: A motion was made by Councilmember Almquist to approve the zone change from R-1-10 to Planned Development Commercial on .66 acres located north of the intersection of River Road and 1450 South Street.
SECOND: The motion was seconded by Councilmember Hughes adding that the wire strip be included in the landscaping as discussed.

City Attorney Shawn Guzman advised this is a PD zone and there are no drawings for the public to see at this time, however, they were included in the power point presentation. He stated that approving this request would also approve the elevation and colors that were submitted. Additionally, he explained that Mrs. Marker has spoken with the developer regarding the changes to the landscaping. He does not know if the plans shown tonight reflect those changes.

Mrs. Marker stated that she and the developer are still discussing what would be installed.

Mr. Smoot advised that he will work with the residents.

Councilmember Almquist amended his motion to include that the developer submit a plan for staff to review.

Councilmember Hughes stated that he agrees with Councilmember Almquist’s amendment.

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

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

The motion carried.

PUBLIC HEARING/AMEND CITY GENERAL PLAN LAND USE MAP/ORDINANCE: Public hearing to consider a request to amend the City General Plan Land Use Map by changing the land use designation from Medium Density Residential to High Density Residential on 5.71 acres located at approximately 1151 South Plantations Drive. David Nasal, applicant.

Bob Nicholson presented a power point presentation which covered the following topics: photos of the property and adjacent properties. The property is located with the Green Valley Resort area fronting on Plantation Drive and bounded on the north by the Cottages South development, and on the south by the Trendwest resort rental development. The applicant is proposing approximately 14 dwelling units per acre. Plantations Drive is planned to be a 4 lane arterial street with a 90 foot right-of-way connecting to south Dixie Drive. The proposed project with 78 units will likely be used as second homes/vacation rental units by many of the owners. The long range plan is to connect Plantations Drive to


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Dixie Drive as well as to complete the realignment of Canyon View Drive to Dixie Drive. Planning Commission recommends approval.

Councilmember Randall inquired when Plantations Drive is expected to be connected to Dixie Drive.

City Manager Gary Esplin advised the master plan for transportation states that is a viable link. He stated that the only people that would use that is would be as a development occurs in that area. Not all of the property has been annexed into the City. He believes it may connect in approximately 5 years. The majority of the traffic is currently on Canyon View Drive.

Mr. Nicholson stated that he has received a letter in opposition from The Lakes development.

City Manager Gary Esplin stated that Plantations Drive is near the Tonaquint Business Park.

Councilmember Almquist inquired when the detailed plans will be available for review.

Dave Nasal, applicant, stated that more specific drawings will be available in March. One of the items mentioned at the Planning Commission was density. They are looking to have 76 units. They met with the HOA for The Cottages, regarding some of their concerns and have been able to incorporate some of their recommendations. This project is a project similar to Trendwest. The units will be sold individually.

Mayor Pike opened the public hearing.

Mark Tippen, representative for The Lakes development, stated that he sent a letter in opposition. They are opposing this request because when their general plan was approved, a development across the street was zoned for high density. At that time, The Cottages requested they lower their density to medium density, which they did.

Mayor Pike closed the public hearing.

MOTION: A motion was made by Councilmember Randall to approve amending the General Plan Land Use from Medium Density Residential to High Density Residential.
SECOND: The motion was seconded by Councilmember Bowcutt.
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.

FEE WAIVER:
Consider approval of a request for a fee waiver for the use of Tonaquint Park. Christina Hopkinson, applicant.

Christina Hopkinson, applicant and coordinator for the Southern Utah MS Walk event, requested the fees be waived for the use of Tonaquint Park.

MOTION: A motion was made by Councilmember Almquist to approve the fee waiver for the use of Tonaquint Park for the Southern Utah MS Walk event.
SECOND: The motion was seconded by Councilmember Hughes.
VOTE: Mayor Pike called for a vote, as follows:


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

The vote was unanimous and the motion carried.

Councilmember Bowcutt stepped out.

FEE WAIVER AND ROAD CLOSURE:
Consider approval of a request for a road closure of 200 South Street from 300 East to 400 East as well as a fee waiver request for the use of Vernon Worthen Park. Sue Ann Judd, applicant.

Sue Ann Judd, applicant, stated there is a direct need for people to get treated for substance abuse. The event will be .5K family walk/run that will be held on March 22, 2014 and will benefit the Recovery Outreach program. She explained that the request is to close 200 South from 300 East to 400 East and that the fees be waived for the use of Vernon Worthen Park from 11:00 a.m. to 1:00 p.m. They will cover the cost of the road closure.

Councilmember Bowcutt returned.

MOTION: A motion was made by Councilmember Arial to approve the request.
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.

ON PREMISE BEER LICENSE AND LOCAL CONSENT:
Consider approval of an on premise beer license and local consent for Roy’s Pizza and Pasta located at 1013 East and 700 South. Roy Crouch, applicant.

City Manager Gary Esplin stated this new restaurant is located on 700 South where Basila’s was previously. Although there is a new owner, this is not an additional license.

Nolan Crouch, representative, stated that his father, Roy Crouch, has been in business for 28 Years. Their request is to offer beer with the pizza they will be serving.

MOTION: A motion was made by Councilmember Randall to approve the on premise beer license and local consent for Roy’s Pizza and Pasta.
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.



St. George City Council Minutes
February 20, 2014
Page Twelve

ON PREMISE AND LOCAL CONSENT:
Consider approval of an on premise liquor license and local consent for the Hilton Garden Inn located at 1731 South Convention Center Drive. Jim Burgess, applicant.

City Manager Gary Esplin advised that ownership has changed for the Hilton Garden Inn. Although there has not been an opportunity to do the reference check, since the new owners have other licenses in the City, he believes there will be no issues.

Joe Burgess, representative, stated Jim Burgess is the managing member of the LC. He explained that they are taking over ownership on Tuesday and are requesting 3 local consents: 1) on premise beer license; 2) private club license and 3) banquet hall beer license. The restaurant will not sell alcohol..

City Manager Gary Esplin stated that the licenses requested are the same existing licenses as the previous owners.

MOTION: A motion was made by Councilmember Arial to approve the licenses for the Hilton Garden Inn subject to the reference check.
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.

City Attorney Shawn Guzman clarified that the club license is a special license that applies only to hotels that meet certain requirements.

LIMITED SERVICE RESTAURANT LIQUOR LICENSE AND LOCAL CONSENT:
Consider approval of a limited service restaurant liquor license and local consent for the Inn on the Cliff, LLC located at 511 South Airport Road. Thomas Heers, applicant.

City Manager Gary Esplin advised this request is for a restaurant liquor license and local consent for the Inn on the Cliff, formerly the Rococo’s.

Andrew Heers, General Manager, stated that they are excited to be open.

MOTION: A motion was made by Councilmember Arial to approve to approve the restaurant liquor license and local consent.
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.

OFF PREMISE BEER LICENSE:
Consider approval of an off premise beer license for Maverik located at 1450 South and 1349 East. John Hillam, applicant.


St. George City Council Minutes
February 20, 2014
Page Thirteen

City Manager Gary Esplin advised the request is for an off premise beer license for the new Maverik located at 1450 South and 1349 East. The reference checks will be approved and the license will be a new license.

John Hillam, applicant, stated that they operate several Maverik’s in the area. He explained that they do quite a bit of training with their employees. When employees log in for the day, they have to answer a question that asks if they understand the rules for selling beer on their premises.

MOTION: A motion was made by Councilmember Bowcutt to approve the off premise beer license for Maverik on 1450 South and River Road.
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

SET PUBLIC HEARING:
Ray Snyder advised that the Planning Commission, at its meeting held February 11, 2014, recommended that public hearings be scheduled on March 6, 2014 to consider a request to amend the City General Plan Land Use Map by changing the land use designation from Business Park and Professional Office to Commercial and High Density Residential on approximately 47.5 acres located generally between Riverside Drive and Virgin River at approximately 2200 East. The applicant is Wadman Corporation.

MOTION: A motion was made by Councilmember Hughes set the public hearing for March 6, 2014.
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.

FINAL PLATS:
Wes Jenkins presented the final plat for Avallon at Meadowood Phase 4, a 20 lot residential subdivision located at approximately 1550 West and 50 South, zoning is R-1-7; Meadow Park Phase 3, a 7 lot residential subdivision located at approximately 2240 East and Crimson Ridge Drive, zoning is R-1-10 and RE-12.5; The Flats at South Pointe Phase 3, a 65 lot residential subdivision located at approximately 2800 East and 450 North, zoning is R-3; Riverstone Subdivision Phase 3, a 12 lot residential subdivision located at approximately 890 West and 4050 South, zoning is R-1-10.

City Manager Gary Esplin advised with regard to Riverstone Subdivision Phase 2, there was an $85,000 lien because of the sewer line, however, it has been paid.

Wes Jenkins presented the final plats amendments for Bloomington Ranches No. 5 and Bloomington Ranches No.3. This request is to merge Lot 1 and Lot 2 of Bloomington Ranches No. 5 along with the southerly portion of Lot 91 of Bloomington Ranches No. 3 into one large lot. Zoning is R-1-10 and OS.

MOTION: A motion was made by Councilmember Almquist to approve the final plats and authorize the Mayor to sign them.
SECOND: The motion was seconded by Councilmember Bowcutt.

St. George City Council Minutes
February 20, 2014
Page Fourteen

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.

EASEMENT VACATION:
Wes Jenkins presented the request for an easement vacation located in the old alignment of 1450 South and River Road. Because of the Maverik and Jiffy Lube sites, the utility lines within this easement have been relocated to match the layout.

MOTION: A motion was made by Councilmember Hughes to approve easement vacation
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 Sun River Phases 44-47, a 93 lot residential subdivision located on the southeasterly corner of Pearl Vista Drive and Angle Arch Drive. Density is as follows: Phase 44 is 3.26 dwelling units per acre, Phase 45 is 24 dwelling units per acre, Phase 46 is 26 dwelling units per acre and Phase 47 is 1.67 dwelling units per acre. Zoning is PD-R. The General Plan shows this area as low density and high density residential. The interior roads will be private streets, while the two exterior roads are public roadways that have already been improved. Because there is approximately 76 feet of elevation change across the property, the developer is proposing rock walls between lots to account for this elevation change.

MOTION: A motion was made by Councilmember Almquist to approve the preliminary plat for Sun River Phases 44-47 as presented.
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 Valderra Residences, formally knows as Valderra Estates, a 5 lot subdivision located in the Ledges, on the west side of State Route 18. Density is 1.39 dwelling units per acre, zoning is PD-RES. The original Planned Development Master Plan for the Ledges development was approved for 20 lots, however the number of lots has reduced to 14.

MOTION: A motion was made by Councilmember Bowcutt to approve the preliminary plat for Valderra Residences..
St. George City Council Minutes
February 20, 2014
Page Fifteen

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 Pine Park Estates, a 24 lot residential subdivision located at Little Valley Road and approximately 3000 South and east of the existing City softball fields at the Fields at Little Valley. Density is 2.61 dwelling units per acre, zoning is RE-12.5. The developer is proposing double fronting lots along Little Valley Road, therefore, a 10 foot landscape strip and a 6 foot privacy wall will be required. There is a stub road near Meadow Valley Estates Phase 4, that the developer is proposing to deed to the City to own and maintain the landscape strip. Staff proposes having an agreement with the developer for them to pay the cost to maintain the landscape strip over a 10 year period, which has been done in the past. Additionally, there will be a 20 foot walkway from the subdivision to the softball complex.

City Manager Gary Esplin stated that the plat should have a note that states the subdivision is adjacent to the softball fields.

MOTION: A motion was made by Councilmember Randall to approve the preliminary plat for Pine Park Estates.
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.

Mayor Pike advised the plat should be noted that it is adjacent to the softball field.

PRELIMINARY PLAT:
Wes Jenkins presented the preliminary plat for the Hughes Subdivision, a 22 lot residential subdivision located along 2160 East and north of 2450 South. Density is 3.14 dwelling units per acre, zoning is R-1-10. A zone change for this property was previously approved.

Councilmember Hughes stepped out due to a potential conflict.

Mr. Jenkins stated that water and sewer have been installed on portions of the subdivision. There is a 1,300 foot cul-de-sac that is being proposed, which staff feels is ok. Staff is concerned with the water pressure and quality. The Water Services Department stated that they will have to find an easement near the Gray Stone Subdivision and tie into the existing water line to provide a loop.

City Attorney Shawn Guzman stated that this is a unique situation. If the Master Planned roadway had gone through, there would not be that long cul-de-sac. There is no other way to develop the property because of the elevation change. In regards to the water issue, staff will need to continue to work with the Water Department.



St. George City Council Minutes
February 20, 2014
Page Sixteen

City Manager Gary Esplin advised that since this is a preliminary plat, the water issues will have to be addressed as part of the development of the property

Councilmember Bowcutt inquired if there is already a problem with water pressure, how will the loop help.

Mr. Jenkins stated that the looping should help the water pressure in the area.

MOTION: A motion was made by Councilmember Bowcutt to approve the preliminary plat for the Hughes Subdivision subject to getting the easement to the Gray Stone Area.
SECOND: The motion was seconded by Councilmember Arial.
VOTE: Mayor Pike called for a vote, as follows:

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

The vote was unanimous and the motion carried.

Councilmember Hughes returned.

PRELIMINARY PLAT:
Wes Jenkins presented the prelimiary plat for Oakwood Estates, a 88 lot residential subdivision located at approximately 3150 South 3000 East on 26.94 acres. Density is 3.2 dwelling units per acre, zoning is R-1-10. There will be double fronting lots along 3000 East. The developer is proposing lot size averaging with 49 of the lots meeting or exceeding the required square footage for a lot in an R-1-10 zone. Additionally, the developer is proposing a temoporary detention basin on lot 88 until downstream storm drain facilities have been installed.

MOTION: A motion was made by Councilmember Randall to approve the preliminary plat.
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 Acoma Subdivision, a 142 lot residential subdivision located on the east side of SR-18 adjacent to the existing roundabout and south of hole 9 of the Ledges Golf Course. Zoning is PD. The master plan that was approved in December 2007, shows this area having 203 units over 31.5 acres, which is a density of 6.4 dwelling units per acres has reduced to 5.12. The developer is proposing private streets for the interior streets and to do pads with common areas and a limited common area. There will be an HOA that will maintain the common and limited common areas within the subdivision. Additionally, the subdivision will have areas for visitors to park to avoid parking along the street.

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


St. George City Council Minutes
February 20, 2014
Page Seventeen

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

The vote was unanimous and the motion carried.

PUBLIC COMMENT/SALE OF CITY OWNED PROPERTY:
Take public comment on the sale of approximately 4 acres of City owned property located on 270 East Street adjacent to the Dixie Center.

City Manager Gary Esplin advised that under Utah law, if a city decides to sell property of a certain value, they are required to take public comment. After public comment, the City Council needs to declare that the property surplus in order for it to be sold. He explained that an RFP was advertised to build a hotel on the property which is approximately 4 acres.
Mayor Pike inquired if anyone in the audience would like to comment. He stated that the property is located behind the Dixie Center.

City Attorney Shawn Guzman advised there is no need for action, there is simply a requirement to hear public comment.

City Manager Gary Esplin stated that the minimum bid amount for the property is $12 per square foot.

MOTION: A motion was made by Councilmember Hughes to declare this property public surplus and that the minimum amount be set at $12 per square foot.
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.

ADJOURN TO CLOSED SESSION:
MOTION: A motion was made by Councilmember Hughes adjourn to a closed to discuss property purchase and potential 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 Hughes to reconvene and adjourn.
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

St. George City Council Minutes
February 20, 2014
Page Eighteen

Councilmember Bowcutt - aye
Councilmember Arial - aye

The vote was unanimous and the motion carried.







_________________________________ Christina Fernandez, City Recorder