...years to get reuse water on line which can then be used to water parks and golf courses. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. BEER LICENSES: Consider approval of off-premise beer licenses for the Texaco located at 1409 E. St. George Blvd. and the Chevron located at 81 N. River Road. Karamjit Singh, applicant. City Manager Gary Esplin advised the applicant owns both sites. The applications meet all requirements, and staff recommends approval. MOTION: A motion was made by Council Member Almquist to approve the beer licenses. SECOND: The motion was seconded by Council Member Allen. VOTE: Mayor McArthur called for a vote and all voted aye. The motion carried. St. George City Council Minutes June 19, 2008 Page Three BEER LICENSE: Consider approval of an off-premise beer license for the Green Valley Market. Vishni Patel, applicant. City Manager Gary Esplin explained this request is for a change of ownership, not a new license. The application meets all requirements and staff recommends approval. MOTION: A motion was made by Council Member Bunker to approve the beer license. SECOND: The motion was seconded by Council Member Pike. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. INTRODUCTION OF NEW PLANNER: Community Development Director Bob Nicholson introduced new City planner, Craig Harvey. Craig Harvey updated the Mayor and City Council on his educational and career history. RESOLUTION: Consider adoption of a resolution of the City Council of the City of St. George, Utah, (the ?Issuer?), finalizing the terms and conditions of the issuance and sale by the Issuer of its Electric Revenue Bonds, Series 2008 in the aggregate principal amount of approximately $50,000,000 (the ?Series 2008 Bonds?); awarding and confirming the sale of said Series 2008 Bonds; authorizing the execution by the Issuer of a second supplemental indenture of trust, and other documents required in connection therewith; authorizing and approving a preliminary official statement and final official statement; authorizing and approving a bond purchase agreement; and authorizing the taking of all other actions necessary to the consummation of the transaction contemplated by this resolution; providing a severability clause; repealing resolutions and orders in conflict; providing an effective date; and related matters. City Manager Gary Esplin explained in order to finance the new gas turbine the City had to go to the market and issue a revenue bond. The market is very unpredictable and it has been a difficult and complex financing. Jason Burningham, the City?s financial advisor with regard to the bond issue, advised this is the largest single issue the City has done in the market. He distributed a booklet titled Electric Revenue Bonds, Series 2008, Final Pricing Discussion, and reviewed it. City Attorney Shawn Guzman arrived. Mr. Burningham continued saying the market has been difficult. He introduced John Crandall of George K. Baum, the underwriter on this project, who was instrumental in putting the transaction together. Ballard Spahr represented the City as bond counsel. Mr. Burningham explained there has been a flood of refinancing activity. The bonds were marketed with a final cost of capital to the City of 4.97%. The City?s bond rating is A1, and is a result of good City management. Policies have been put in place in the Energy Services Department with regard to risk management of power resources that have made the utility more favorable in the view of rating agencies. The rating increase is a significant factor in helping price the bonds. The proceeds will be used to acquire and fund a new natural gas-fired turbine generator. The proceeds will also be used to fund capitalized interest and pay costs of the bond issue. The $50,000,000 transaction will be amortized and bond insurance will be purchased at a savings of $900,000 to the City. In addition, the rating upgrade from A3 to A1 saved another $600,000. He stated that on behalf of the City as its financial advisor he was pleased to recommend the rate and terms presented in the bond resolution to be considered and adopted. The bonds can be refunded at a future date and will have a ten year call. John Crandall advised that the City?s bond rating is the highest in the county, including the School District and Water District. This is well deserved because the City is so well managed. MOTION: A motion was made by Council Member Almquist to approve the resolution as presented. SECOND: The motion was seconded by Council Member Allen. Council Member Almquist inquired who will monitor whether it would be in the City?s best interests to call the bonds in ten years. Mr. Burningham replied that he would assist the City in looking at this. The City has a policy of looking at refundings based on certain levels of net present value savings. VOTE: Mayor McArthur called for a roll call vote, as follows: Council Member Almquiste - aye Council Member Allen - aye Council Member Bunker - aye Council Member Pike - aye The vote was unanimous and the motion carried. SET PUBLIC HEARINGS: Community Development Director Bob Nicholson advised that the Planning Commission recommended that public hearings be scheduled for July 17, 2008 to consider (1) an amended final plat for The Casitas at Hidden Valley located on the south side of Hidden Valley Drive at 500 East and 3500 South, and (2) a zone change from PD Residential to PD Commercial located at River Road and 2450 South. MOTION: A motion was made by Council Member Allen to schedule the public hearings as recommended. SECOND: The motion was seconded by Council Member Bunker. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. FINAL PLATS: Todd Jacobson presented three final plats for approval: (1) The Park at Paradise Canyon Commercial Condominiums with three buildings located on the south side of Snow Canyon at approximately 1425 West 1450 North, zoned PD AP; (2) a roadway dedication plat for Plantations Drive located behind the Sunbrook Golf Course and Trend West timeshare beginning at approximately 1600 West and 1400 South and ending at 2800 West and 100 South; and (3) Lago Vista Drive and Alienta Drive located on the southwest side of Plantations Drive beginning at 2700 West and 250 South. The Planning Commission recommends approval of the plats. MOTION: A motion was made by Council Member Bunker to approve the final plats and authorize the Mayor to sign them. SECOND: The motion was seconded by Council Member Almquist. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. CONDITIONAL USE PERMIT: Consider approval of a conditional use permit to construct a detached garage to a height of 20'4" located behind the applicant?s home at 2556 East 2300 South Circle. Dustin Dell, applicant. Planner Ray Snyder advised that the Planning Commission recommended approval. The garage has a workshop area with a toilet, sink and shower. The Planning Commission asked that the shower be removed. The applicant was fine with the request. Council Member Bunker commented she could see why the applicant wanted to have a shower. City Manager Gary Esplin stated it has been the City?s position that garage additions with shower facilities can become problems later if they are rented out as living units. MOTION: A motion was made by Council Member Bunker to approve the conditional use permit as recommended by the Planning Commission. SECOND: The motion was seconded by Council Member Pike. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. BUILDING DESIGN AND CONCEPTUAL SITE PLAN: Planner Ray Snyder explained the request is to consider a building design and conceptual site plan to remodel and construct an addition to the existing assisted living facility at 950 South 400 East, the Meadows. There are 121 existing units and the applicants propose to add 28 new units plus 30 Alzheimer units. The new construction consists of 33,000 sq. ft. Parking requirements are met and exceeded. A materials board has been presented. The Planning Commission recommends approval. The building height will not exceed 35'. City Manager Gary Esplin inquired if the project was still owned by the OK Kids Foundation as there were certain requirements placed on the project in order to bond for it. He inquired if the bonds had been paid off and who owned the project. St. George City Council Minutes June 19, 2008 Page Five David May, architect, stated that Larry Blake and Vaughn Pulsipher owned the project to his knowledge. City Manager Gary Esplin advised that as part of any action on the City?s behalf, it should be made subject to making sure the ownership is cleared up and there are no outstanding problems. Mr. May commented that during financing there was no mention of any outstanding debt on the property and he imagined the bonds were satisfied. Council Member Pike inquired if the plan was to redo the entire exterior. Mr. May replied that the entire structure will receive a facelift. MOTION: A motion was made by Council Member Pike to approve the building design and conceptual site plan as presented, subject to the recommendations of the Planning Commission and making sure the bonds are satisfied. SECOND: The motion was seconded by Council Member Bunker. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. PUBLIC HEARING/ZONE CHANGE/ORDINANCE: Public hearing to consider approval of a zone change from R-1-10 to PD Commercial on 1.42 acres located at approximately 1300 East 900 South Street. Neil Glauser, Blue Mountain Partners, applicant. This item has been postponed until the July 17 City Council meeting. PUBLIC HEARING/PRELIMINARY PLAT and HILLSIDE DEVELOPMENT PERMIT: Public hearing to consider approval of the preliminary plat for Red Cliffs Park Subdivision with 103 lots located at approximately 2050 East and 1000 North in the Middleton area. Stacy Young, applicant. Jay Sandberg advised a zone change for the area was recently approved. The subdivision has a total of 103 lots with a density of under three units per acre on 34.6 acres. The subdivision has mainly public roads. There are 100' setbacks and no-disturb areas. Areas around the units are common areas. The area in the wash is going to be a low impact park area with a small gazebo and trailhead for a future public trail up the north side of the project to tie into the reserve trail system. With regard to the hillside development permit, there is a requirement that the no-disturb area on the hillside be fenced with orange fencing during construction. A brief discussion took place on access into Washington City at a future date. City Manager Gary Esplin advised that the project meets City requirements and there is plenty of time to resolve the issue of connection into Washington City. Mr. Sandberg advised that a request has been received to allow a temporary access road to connect to a project within Washington City. This request is being reviewed. Additionally, the construction access is through Escalara. Mayor McArthur opened the public hearing. There being no public comment, he closed the public hearing. MOTION: A motion was made by Council Member Pike to approve the preliminary plat. SECOND: The motion was seconded by Council Member Bunker. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. MOTION: A motion was made by Council Member Pike to approve the hillside development permit. SECOND: The motion was seconded by Council Member Bunker. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. Council Member Almquist clarified that the approval was subject to the orange fencing and all recommendations of the Hillside Review Board. PUBLIC HEARING/PRELIMINARY PLAT: Public hearing to consider approval of the preliminary plat for Milne Estates Subdivision with four lots located along 3430 East at approximately 2050 South. Travis Milne, applicant. St. George City Council Minutes June 19, 2008 Page Six Jay Sandberg advised there is an existing home on the property in the Little Valley area. The request is to subdivide the property into four lots for resale. The request also includes approval of a delay agreement for improvements on the culdesac. Lot 2 will have access from 3430 East and in the future, when the lots are improved, the culdesac will have to be improved and all improvements finished. The Planning Commission recommends approval subject to a delay agreement for improvement of the culdesac and utilities for Lots 3 and 4, utilities be approved and installed for Lot 2, a final plat for all four lots is approved, the improvements adjacent to Lot 1 be completed on 3430 East, and all conditions be completed prior to issuance of a building permit. Mayor McArthur opened the public hearing. There being no public comment, he closed the public hearing. MOTION: A motion was made by Council Member Allen to approve the plat subject to the recommendations of the Planning Commission. SECOND: The motion was seconded by Council Member Bunker. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. PUBLIC HEARING/BUDGET: Public hearing with regard to the fiscal year 2008-2009 budget for the City of St. George. City Manager Gary Esplin recommended that the public hearing be opened and questions addressed after public comment is received. Mayor McArthur commented it has been recommended that funding be restored for some programs in the Recreation and Public Safety departments. He then opened the public hearing. Jack Davison advised he sent a letter to the City Council opposing the proposed golf fee increase. He then read the letter. Doug Burgin stated that the unilateral raising of golf fees over the years has run people away from the courses. He suggested the City find a way to make golf affordable for senior citizens. He stated this could not be done by raising fees. He stated that golf was the only sport in the City that had to pay for itself and extra money from the general fund should be used to help out. City Manager Gary Esplin replied that the golf courses do not pay for themselves and today are $1.6 million in the red. $500,000 was transferred from the Economic Development Fund to the Golf Course Fund this year, last year and in previous years. These funds come from sales tax. He stated that those who use the softball fields pay their share as well. If there was not a subsidy for the golf courses, rates would be much higher. Jim McCormick commented that excessive golf cart rental fees should not be used to subsidize golf course maintenance fees. Mayor McArthur replied this was not being done. Mr. McCormick continued saying that reducing cart fees would entice more golfers to the courses. He stated the City does not waive electrical fees, garbage fees, drainage fees, etc. for City employees, and it should not do so with golf fees. City Manager Gary Esplin replied that golf fees are waived only through the City?s employee fitness program which is one factor in the City seeing a $400,000 decrease in health insurance rates. Mr. McCormick commented if free golf is being offered to employee as an incentive for recruitment of loyal employees, this would be fine, but green fees should be charged to these employees? departments, not the rest of the golfers. John Gallacher advised he was speaking on behalf of senior golfers. He presented a petition in opposition to increased golf fees signed by 153 senior golfers. He advised at a recent meeting Mr. Matt Loo indicated there has been in increase in golf revenue of $145,000 but a decrease in rounds. He stated the bottom line is the natives are unhappy and are prepared to take another step if there is no reconciliation. St. George City Council Minutes June 19, 2008 Page Seven Mayor McArthur commented that recommendations will be made which are fair. Additionally, everything needed for the golf courses has gone up and nothing has gone down. Greg Stevens commented that golf courses are luxuries and in his opinion City golf courses should pay their way. He stated he did not see a problem with a small subsidy for golf, but he did not know if cities should even be in the golf business as much as they are. He stated the golf courses should be operated as a going concern and fees set appropriately. He suggested that perhaps fees could be structured to offer a fee for local players vs. those from out of town. He suggested if no one is using the courses, they should be torn down. He stated golf courses should pay for their own water. He stated that seniors deserved some sort of discount, but he would rather see an off-peak discount or volunteer labor in exchange for golf. He stated he also wanted to see alternative energy investments and a committee formed to lobby for a land grant to build a solar power plant or wind power plant. Larry Gonzales commented that seniors need support from the City. He commented the age to be considered a senior should be changed from 55 to 65. He suggested the cache card rate be lowered for those 65 years or age or older and also for golf carts. He inquired how many golf tournaments were held each year and where the income from the tournaments and pro shops go. Shanda Enfield, a member of the CAT team for Area 10, advised she was speaking on behalf of the Desert Hills community. She requested $15,100 to complete the sidewalk on Desert Hills Drive. She requested clarification of the minutes. Jerry Christensen, Downtown Business Alliance, requested funding in the amount of $5,000 for this year?s Fourth of July celebration on Main Street and $30,000 to help with events for the last half of this year. Mayor McArthur commented that the City is already funding the Fourth of July celebration at Worthen Park. There being no further public comment, Mayor McArthur closed the public hearing. City Manager Gary Esplin commented there is plenty of documentation for the golf course budget and it is available for anyone who would like to see it. Revenue estimates are developed from historical data such as actual rounds of play, etc. He explained that when the Black Rock Nine was built at Sunbrook it was financed through a lease purchase through the Municipal Building Authority. The $500,000 in the professional services category is for the golf pros who run the courses. Golf pros are independent contractors and lease the golf pro shops and concession areas in some cases. Significant studies have been done to see if making golf pros employees would be financially beneficial, but it is not. In order to keep costs down, pros are allowed to conduct two to three tournaments a year and the City gets the cart revenues. As far as the City benefit package for its employees, this includes retirement and health insurance and the average is around 30-35%, depending on salary. This is comparable to every other city in the State of Utah. Council Member Pike commented it was typical in other businesses too. City Manager Gary Esplin commented that the actual rounds of golf given for free to City employees in the fitness program represent 1%-1.5% of rounds played. City employees cannot play during the busy time of the season unless space is available, cannot make tee times, and cannot use carts unless they pay for them. This 1%-1.5% also includes the Dixie College Golf Team and high school golf teams. The City has reciprocal agreements with the schools to use their facilities and they use the City?s. Golf across the country is going down and 575 public golf courses have closed in the last ten years and a lot more are facing closure or letting management companies manage them. The most significant fact is that there are 11 eighteen hole golf courses in Washington County, whereas the national average is two to three for a population of 150,000. There is not the population in this area to populate 11 courses, and two more will open this year. Some of the private golf courses can recoup through sale of lots, but the City cannot do this. In two more budget years the City?s debt will be paid off and then it will have around $500,000-$600,000 to stabilize rates. The challenges is to get from here to there. The cache card right now offers a 33% discount. 58% of the people who purchased cache cards live in the City and 28% live in Washington County, so 86% of cache card use is by local residents. Right now the hotels do not receive any breaks on the fees, but they are allowed to go further out to make tee times in order to encourage people to visit this area. The Golf Course Fund has a current cash deficit of $1.6 million but there is a plan to pay it back when the bonds are paid off. Staff recommendations are: (1) allow cache cards to be used seven days a week in the off-peak season and on St. George City Council Minutes June 19, 2008 Page Eight Sunday through Thursday during the peak season; (2) add an additional $1 to the nine hole posted rate; (3) no increase to the cache card; (3) charge an annual fee to purchase the cache card, i.e. a $50 fee for St. George residents, $75 for Washington County residents, and $100 for others, using voter registration to prove residency. For a resident playing 18 holes three times a week, the increase will be 32?; for a County resident the increase will be 48?, and for others it will be 64?. This does not address the senior citizen rate. The City must generate over $230,000 in the current budget to make it balance, in addition to the $500,000 recommended for transfer from the Economic Development Fund. This includes only $200,000 in capital for a $4.9 million budget for a new clubhouse at Red Hills. He suggested that perhaps some alternatives could also be considered, such as two-for-ones, or buy ten get one free, etc. Staff will look at these alternatives to see if more play at the courses can be stimulated. Mayor McArthur commented the suggestions are a compromise. Council Member Almquist commented that while he doesn?t golf, his son does. He has listened to those who say they will play somewhere else, but suggests that before they do, they consider the cost of gas. There has been the threat of a boycott at the last two meetings, but this does not make economic sense. Everyone around the country is paying more for golf. St. George City got in the golf business to enhance tourism and save two courses which were destined for bankruptcy - the St. George Golf Club, which is looking better each year, and Southgate. The City has taken the right steps to provide incentives to those who golf, and will massage it further. The big picture is that St. George has been good for golf and golf have been good for St. George and this relationship should continue. Council Member Pike commented that the suggestions create a local cache card rate. He commented that young people too, like senior citizens, live on fixed incomes and even those in middle life don?t see many increases. He stated he felt the suggestions were a good attempt on the part of staff to see how it will work. Council Member Allen commented that Matt Loo is working hard to come up with ideas and promotions. She inquired what the Council?s wishes were with regard to the request for $15,100 to finish the sidewalk in the Desert Hills area. City Manager Gary Esplin advised that if the Council is so inclined, funds from the Capital Project Fund can be used. Council Member Bunker commented she felt badly some golfers feel the City has turned a deaf ear, as it has tried to come up with ways to help seniors. She stated she liked the suggestions. She inquired about the request for funding from the Downtown Business Alliance. City Manager Gary Esplin recommended that $360,000 from the Perpetual Care Fund and $140,000 from the General Fund be used for the new cemetery sexton building and $7,000 for Recreation programs, with further discussions about the Youth City Council and how to better use them. Support Services Manager Marc Mortensen remarked that if the City funds $5,000 for the Downtown Business Alliance Fourth of July event, this would be more than it has ever funded in the past for this event. The most the City has ever funded is $2,500 last year. In years past it has just been to close the road for traffic control. Mayor McArthur recommended that the City fund $2,500 for the Fourth of July event. Council Member Allen commented it was important to know the budget can be opened if need be. MOTION: A motion was made by Council Member Allen to approve the budget as recommended. SECOND: The motion was seconded by Council Member Bunker. City Manager Gary Esplin advised that staff will bring back to the City Council before fall the plan on how to market the golf courses. There will be some serious competition with Sand Hollow, and as the market dries up the City will have to do a better job of getting people out to golf. Council Member Almquist suggested a program for discount golf could be offered such as when the temperature hits 100 degrees, golfers pay 50% of the going rate. St. George City Council Minutes June 19, 2008 Page Nine City Manager Gary Esplin commented that the majority of revenue is being generated in five months of the year. Council Member Almquist commented that many people in the Southgate area paid $375,000 for their lot and then built a $675,000 house on it, all because of the golf course. The City receives revenue from these homes in impact fees and ...

...er Gary Esplin inquired if there was a reciprocal agreement for use of the golf course. Mr. Gubler replied that arrangements have been made to permit guests of the spa to use the Entrada golf course. These guests are in fact welcomed by Entrada because their participation is needed to support the golf course. Dara Tancredi, a resident of Entrada, expressed concern that the view corridor through Snow Canyon would be lost. She stated that it would be detrimental to St. George to lose control of the 10 acres due to the tax base. Jan Mower, an owner in Entrada, stated she did not understand why property which was annexed from Santa Clara into St. George is now being deannexed back to Santa Clara. She expressed concern with traffic and the possibility of 300 golf carts using the Entrada entrance. She stated Mr. Gubler?s plans include 100 timeshare units. She stated the reason Mr. Gubler is asking for the deannexation is because St. George would not allow this area to be zoned commercial. Mary Ellen Klein commented that she owned four lots in Chaco Bench and St. George should retain the property because of the tax base. Shan Gubler, applicant, explained that his development will be governed by Entrada and be subject to all its rules and regulations. Santa Clara City will provide the infrastructure for the project. He explained that he purchased the subject property from Brent Beesley, Brooks Pace, and the Entrada Company and it was planned for residential lots, not open space. Community Development Bob Nicholson disagreed, stating that this may have been Entrada?s intent, but the subject property had not been designated for residential lots. St. George City Council Minutes January 26, 2006 Page Two City Manager Gary Esplin inquired what the property would be used for if the deannexation were not granted. Mr. Gubler replied that homes would be built on the property. The road has been on Entrada?s master plan and would be used for vehicular travel. The current proposal is to use the road for golf cart access only. He stated that the setback for the spa is much further and would have a lower profile than homes would have. The homes would also block significantly more of the view as they would have to sit up 8' on the dirt. The area for the spa is being lowered, with one story in front and the second story set back. This will provide a far better view corridor than homes. He clarified that when Entrada sold him the property, it was with the idea that a spa would be built on it. The spa is a desired amenity for the Entrada community. If the property remained in St. George, he would petition the City for a zone change. He stated he was not asking for a deannexation for the purpose of zoning. Council Member Bunker inquired why the roadway had to be for vehicles instead of just for golf carts. Mr. Gubler replied that emergency vehicle access had to be provided. Council Member Whatcott commented that a large piece of Mr. Gubler?s land has a conservation easement on it and will never be developed, another large piece is in a ravine, single story cottages will be built on one side, and the spa will be one story on the front with the second story unit set further back. He commented he did not know what else the applicant could do to further protect the view corridor. City Manager Gary Esplin advised that the tax base received from the spa would be insignificant as far as the total budget. He stated that since Mr. Gubler has only 12 acres in St. George, and 500 acres in Santa Clara, it makes sense from a planning standpoint for the utilities and access to be developed as proposed. MOTION: A motion was made by Council Member Gardner to approve the deannexation by ordinance. SECOND: The motion was seconded by Council Member Orton. VOTE: Mayor McArthur called for a roll call vote, as follows: Council Member Gardner - aye Council Member Orton - aye Council Member Allen - aye Council Member Whatcott - aye Council Member Bunker - no The motion carried. GOLF FEES DISCUSSION/RESOLUTION: Presentation of proposed golf fees and approval of a resolution setting golf fees for City golf courses. Economic Development Director Matt Loo introduced key golf employees. He explained that the last time the City raised golf rates was in 2003-2003. Staff has been trying to operate the golf courses within a budget but in doing so has faced many challenges due to the weather, flooding, etc. He distributed a packet of material containing proposed rate increases and reviewed them. See attached Exhibit ?A?. He recommended implementation of unlimited pass play on all courses June through September at a cost of $100 per month. He explained that an increase in fees will not cover all needed expenditures for the golf course, and also recommended a loan be made to the golf course fund from the economic development fund in the amount of $500,000 to be used for capital improvement projects needed on the courses. This will allow the City to get started on the capital improvements immediately. City Manager Gary Esplin clarified that if a loan was made from the economic development fund, it would not be paid back until the bonds were paid. Mayor McArthur inquired if the increase was adequate to cover the cost of equipment replacement for the next five years. He was advised the increase was adequate to cover this. St. George City Council Minutes January 26, 2006 Page Three Mr. Loo explained that staff would like to look at equipment leasing options. This would save the City $75,000 to $100,000 a year in maintenance and allow the equipment to be rotated every five years. Council Member Bunker inquired as to the negatives of the golf fee proposal. City Manager Gary Esplin replied that economic development funds would not be available to use for other projects for ten years. Mayor McArthur commented that the funds would actually be earning better interest than in the treasurer?s pool. City Manager Gary Esplin explained that the City would not be losing interest, just the availability of the funds. Mr. Esplin explained that the cache card would be purchased for $300, or any amount set by the City Council, and then swiped at any golf course, with a balance left on the card, similar to a punch card, but reuseable. When the amount on the card is used, it can be reloaded. Assistant City Manager Marc Mortensen explained that the cache card could also be used for special promotions and at every City facility which accepts it, in addition to the golf courses. City Manager Gary Esplin suggested a minimum of $300 for the cache card. He explained the card could be used by the purchaser, his or her spouse, and any children living at home. It could not be used by friends of the purchaser. The cache card is a reward for frequent players, similar to a punch card, and verification will be needed when it is used, similar to a credit card. Mr. Mortensen explained that if the cache card is lost, it can be replaced for a minimum fee of $10. If a punch card is lost, the value is lost. There would no longer be resident vs. non-resident rates. City Manager Gary Esplin explained that the punch card currently is not covering the cost per round at any of the City?s golf courses. Increasing the rack rate to more than the actual cost per round for those people who do not play regularly will allow the City to give a break to those who frequent the golf courses. He explained that every dollar generated on the golf courses is applied to the golf course fund which is an enterprise fund. The golf course fund lost $500,000 last year due to the flood and the City had to extend the golf course bonds for one more year. The City does not have a fund for replacement of infrastructure. The City should also look at a rainy day fund. Matt Loo explained that a cache card can be used to pay for a cart, as well as for green fees. Council Member Gardner commented that the cache card provides locals with a better rate and relieves the pros of the fiasco in trying to decide if someone is a resident or not. Council Member Bunker inquired about the possibility of using the cache card Sunday through Thursday, rather than Monday through Thursday. Council Member Whatcott stated the cache card would be valid Monday through Thursday, just like the punch card. Golf Pro Allen Orchard commented he thought the cache card would be good at Red Hills seven days a week. Mayor McArthur replied that the City needs to raise funds to maintain the courses and pay for capital projects, and that is the bottom line. City Manager Gary Esplin commented that the City Council will have to decide when the cache card will be valid, but the goal is to maximize the rack rate during the busy time of year, otherwise there will not be sufficient revenue to cover expenses. Golf Pro Reed McArthur advised that at Sunbrook the punch card is only good Monday through Thursday, October through May. At the other courses it is good seven days of the week. St. George City Council Minutes January 26, 2006 Page Four Council Member Whatcott explained that the cache card is no different than the current punch card, and nothing would change. City Manager Gary Esplin commented that the punch card is a better rate than what the person from Salt Lake can play for. He stated there was no reason to limit play June through September when there is daylight from 6:00 a.m. to 9:00 p.m. and the capacity on the courses is wide open. In February through May tee times are at a premium and players are willing to pay a higher rack rate. Rich Williams commented that local golfers would see no benefit to a $300 cache card, and inquired if the price could be lowered to $170, the same price as the punch card. He inquired why there couldn?t be a resident and non-resident rate. Council Member Orton replied that a $300 cache card will discourage non-residents from purchasing the card, yet allow locals to play for a cheap rate. He stated that it was too difficult to prove residency. City Manager Gary Esplin explained that tax money is not used to subsidize the golf courses. He inquired if residents of Santa Clara and Washington, or snow birds who live here in an RV part of the year, should be considered residents. Mr. Williams commented that city golfers want to see good courses at a good price. They want clean restrooms, safe parking lots, and good grass and greens which are fun to play and well maintained, without being fancy. Locals should not have to pay the prices of a country club; they want good quality for a good price. Mayor McArthur commented that the cache card is simple and requires identification. The City must run its courses like a business and it cannot sell the service for less than the cost. Mr. Williams commented that nothing said today convinces him that the courses are being well managed or that the City is running out of money. City Manager Gary Esplin commented that the Golf Course Fund lost $500,000 last year due to the flooding. Mayor McArthur commented that Southgate has not even been rebuilt. City Manager Gary Esplin invited Mr. Williams to review the City audit to see where funds for the golf courses are coming from. He commented that if the golf courses were making money, or even breaking even, this discussion would not be necessary. John Gallagher commented that he represented a pool of 10 seniors concerned with the increase in the punch card or cache card. He commented that in the heat of the summer the non-residents will not play, but the residents will. He stated he felt the rate for the first two quarters should be at least absorbed in part in the summer rate, and that residents should get a break due to the increased cost of utilities, prescription drugs and health insurance premiums. Doug Crandall suggested that a tax form be used to prove residency. He inquired what would happen to any balance left on a punch card. Mayor McArthur replied that the balance could be used up at the rate purchased. City Manager Gary Esplin replied that golfers can use the punch card until it is gone. Mr. Crandall commented it would be more reasonable to maintain the punch cards and maintain a resident and non-resident rate. He stated he could not afford to pay $600 for two cache cards - one for his wife. He stated the cost of living index was not equal to the cost of the increase. City Manager Gary Esplin replied that a husband and wife could use the same card. He clarified that at Sunbrook someone without a cache card would be paying 33% more than someone with a cache card. St. George City Council Minutes January 26, 2006 Page Five Council Member Whatcott commented that the proposal is for some rates to go up, and for some to remain the same. There is a difference between the resident vs. non-resident rate through purchase of a cache card, and this is a reasonable and fair rate for locals. Mr. Williams inquired how to upgrade the cache card. Mayor McArthur replied that it could be upgraded at any time, with any amount put on it. Mr. Williams suggested that residency could be determined by a tax return form. Council Member Orton commented that staff has tried to come up with the fairest and simplest rate it can with residents in mind, but there may have to be adjustments from time to time. Mr. Crandall inquired about the balance left on a cache card if a spouse dies. Mayor McArthur replied that it could be used by the surviving spouse. Robert Punkley commented he did not agree with the fee increase because $300 would not pay for green fees and a cart two times a week for one year. City Manager Gary Esplin advised that refunds would not be given on the cache card. Refunds are not given on the current punch card. However, if someone becomes legitimately incapacitated and cannot golf, a refund would be considered on a case by case basis. Council Member Allen commented that if the City were raising golf rates a dollar or two yearly, this discussion would not have to be held and the increase would be easier to absorb. The proposed increase amounts to just that - an increase of a dollar or two over the last several years. She suggested that golf fees should be looked at and adjusted yearly until the bonds were paid. Council Member Gardner commented that considering how long it has been since the last adjustment, the proposed increase is reasonable. Council Member Whatcott commented that while it is true medicine and insurance have gone up for the elderly, the cost of fertilizer and employee salaries have also gone up, and in order for the City to stay equal, a rate increase is a reality. He inquired about the minimum needed to refill a cache card. Assistant City Manager Marc Mortensen suggested that the minimum be $300. He explained that the cache card is also a loyalty card. It would be good in season Monday through Thursday, and in the off-season, seven days a week. Council Member Whatcott expressed concern about the initial $300 outlay on those on a set income. City Manager Gary Esplin advised that a golf pass would also be available for four months of the year, from June until September, at $100 a month. This pass would be separate from the cache card. Council Member Whatcott inquired about motel golf packages. He suggested that golf packages should be paying the rack rate which would justify obtaining a tee time six months in advance. He suggested that discount rates for golf packages be abolished. City Manager Gary Esplin advised that a decision on the fee increases had to be made by February 1. Any new rates approved will become effective February 1. Council Member Whatcott commented that the pros know who have punch cards and they should give the punch card rates but not sell any punch cards until the change happens. An unidentified gentleman inquired what the 18 hole rate for Southgate would be. St. George City Council Minutes January 26, 2006 Page Six Council Member Whatcott replied that it would be $21 in the winter and $13 in the summer. A cart is extra. MOTION: A motion was made by Council Member Whatcott to approve the rates as proposed on Exhibit ?A?, attached hereto, to initiate the interfund loan, with the caveat that the City look at the employee status of concessionaires between now and June 30, as well as improvements needed on the courses, purchase of needed equipment, and that the quality of the golf courses be maintained 12 months a year, not just eight or nine months ...

...OF BID: Consider award of bid for replacement bridges at the City’s golf courses. Purchasing Agent Sue Swensen advised that three bids were received as follows: Excel Bridge $67,000 Alt. 3A $74,500 Bridge America $55,555 Alt. 3A $60,775 Steadfast Bridge $74,891 Alt. 3A $79,224 She recommended award to the low bidder, Bridge America, in the amount of $55,555. City Manager Gary Esplin advised award of this bid is for replacement of two bridges at Southgate and one bridge at Sunbrook. Councilmember Gardner commented that these funds are taken from the Enterprise Fund, and not the General Fund. He made a motion to award the bid to the low bidder, Bridge America, in the amount of $55,555. The motion was seconded by Councilmember Whatcott. Mayor McArthur called for a vote as follows: Councilmember Gardner - aye Councilmember Whatcott - aye Councilmember Allen - aye Councilmember Isom - aye The vote was unanimous, and the motion carried. PROXIMITY ORDINANCE: Consider approval of an ordinance amending Title 5, Chapter 2, St. George City Code, relating to proximity limitations for vending alcohol products. City Attorney Jonathan Wright explained this proposed ordinance addresses three issues - the method of measurement, proximity limitations between licensed premises, and the effect of a school, church, park or library on a licensed premise. He recommended deletion of the City’s current method of measurement by radius, and adoption of the State’s method, which also includes a blanket 200’ straight line measurement as well. The City’s ordinance currently provides for 600’ between licensed premises, while State law imposes no such restriction. Given the City’s current trend of development, the first one in would obtain the license to the exclusion of any others. Staff suggests that the City Council delete the proximity limitation between licensed premises. Lastly, the City’s ordinance states that licensed premises shall not be located within 600’ of a school, church, park or library. The City has had many instances where a school or church has built next to a licensed premise, and technically the licensed premise would then be precluded from vending alcoholic beverages. He recommended changing this provision so that if a school, church, park or library built next to an established, licensed premise, they would be doing so as their own decision and they could not force the loss of a license to sell alcohol. Councilmember Isom inquired if the proposed ordinance addressed the sale of a licensed premise when a school, church, park or library was already located by the licensed premise. St. George City Council Minutes September 7, 2000 Page Four Mr. Wright replied that the owner of the licensed premise would be able to sell the business, and the proximity limitation would not attach because the premise was already licensed. A motion to approve the ordinance as presented was made by Councilmember Gardner. The motion was seconded by Councilmember Isom. Mayor McArthur called for a roll call vote as follows: Councilmember Gardner - aye Councilmember Isom - aye Councilmember Whatcott - aye Councilmember Allen - aye The vote was unanimous, and the motion carried. ABANDONMENT ORDINANCE: Consider approval of an ordinance abandoning all or a portion of the platted street south of Riverside Drive. City Manager Gary Esplin explained the request is for abandonment of the road to the adjacent property owners, Ence Construction. Staff has reviewed the request and approves it. This is an old platted but undedicated street, and the City would be quit-claiming whatever interest it may have in the road. A motion was made by Councilmember Gardner to approve the ordinance as presented. The motion was seconded by Councilmember Allen. Mayor McArthur called for a roll call vote as follows: Councilmember Gardner - aye Councilmember Allen - aye Councilmember Isom - aye Councilmember Whatcott - aye The vote was unanimous, and the motion carried. ABANDONMENT RESOLUTION: Consider approval of a resolution abandoning an easement in the Canyon View Ridge Subdivision at Sunbrook Phase I on Lot 28, and approve a request to purchase surplus golf course property adjacent to this lot. City Manager Gary Esplin explained the City has granted similar requests in the past. The homeowner will grant another easement, and purchase surplus golf course property which is out of play and adjacent to his home. Staff supports the request. The money received from the property purchase will be put back into the Golf Course fund, and the City will not have to maintain the property. A motion to approve the abandonment resolution and approve sale of surplus golf course property was made by Councilmember Isom. The motion was seconded by Councilmember Whatcott. Mayor McArthur called for a roll call vote as follows: Councilmember Isom - aye Councilmember Whatcott - aye Councilmember Allen - aye Councilmember Gardner - aye The vote was unanimous, and the motion carried. BOND RESOLUTION: Consider approval of a resolution authorizing and approving the execution of an annually renewable lease agreement dated as of September 1, 2000 by and between said City and the Municipal Building Authority of the City of St. George, Washington County, Utah (the St. George City Council Minutes September 7, 2000 Page Five "Authority"); authorizing the execution by said City of a sublease agreement by and between said City and the Washington County School District, Washington County, Utah (the "District"); authorizing the issuance and sale by the Authority of its lease revenue bonds, Series 2000, in the aggregate principal amount of $350,000; authorizing the execution by the Authority of a master resolution, a ground lease by and between the Authority and the District, security documents, and other documents required in connection therewith; authorizing the renovation and remodeling of the historic Woodward School in St. George, Utah, and related improvements; authorizing the taking of all other actions necessary to the consummation of the transaction contemplated hereby; and related matters. City Manager Gary Esplin explained City Council action with regard to this resolution must precipitate Municipal Building Authority action, and will authorize the Municipal Building Authority to issue $350,000 in Building Authority bonds for renovation of the old Woodward school. The Community Impact Board made a grant and a loan to the City who joined with the School District to act as a conduit for the grant. There is no fiscal impact on the City’s debt service charged by the Community Impact Board, as the debt services is being repaid by the School District at the exact same rate. Mr. Esplin advised the City will receive a significant benefit to the downtown area in the renovation of the historic Woodward school building. A motion to approve the resolution as presented was made by Councilmember Whatcott. The motion was seconded by Councilmember Allen. Mayor McArthur called for a roll call vote as follows: Councilmember Whatcott - aye Councilmember Allen - aye Councilmember Isom - aye Councilmember Gardner - aye The vote was unanimous, and the motion carried. GOLF FEE SCHEDULE: Consider approval of a fee schedule for City golf courses for the upcoming season. Golf Director Dave Terry advised it is staff’s intent and primary goal to recoup sales tax on green fees which the City is paying to the State. This amounted to $290,000 last year. Determining how to do this has been a long process, but staff recommends adding the sales tax and rounding the new golf fee to a workable number to make transactions as easy as possible. This will generate needed funds to continually improve the City’s golf courses. He then reviewed with the Mayor and City Council each new proposed fee. A copy of the proposed green fee schedule is attached hereto as Exhibit "A." Councilmember Whatcott complimented Leisure Services Director Kent Perkins, Golf Director Dave Terry, and the golf pros for their diligence in coming up with a reasonable fee schedule. He commented the last thing the City wanted to do was raise rates, but at the same time the City is in a great position because it does not have to have a profit margin. Golf patrons can play on City courses for the cost to golf only. However, the cost of fertilizer, water, and employee costs continually rise, and golf rates must be raised periodically to cover these expenses. An easy way to do this is to begin including sales tax in the green fees, as the City had to pay $290,000 to the State last year in sales tax. The City must be prudent and plan for unexpected expenses associated with the golf courses and have a reserve fund. He stated the proposed fee schedule was the best method of covering the City’s costs, yet still keeping golf affordable for area residents. St. George City Council Minutes September 7, 2000 Page Six Mr. Terry advised that even though St. George golf courses have a very short season within which to generate revenue, the rate will still be lower than those in the Salt Lake area. The City is trying to be efficient in its golf course operations and wants to charge as little as possible to encourage as many as possible to play golf, but the golf courses are self-supporting through an enterprise fund, and they must pay their way. City Manager Gary Esplin advised the new rates will be posted on a board at each golf course with a message advising that sales tax is now being charged and is included in the green fee. Councilmember Orton arrived. City Manager Gary Esplin advised the new golf fee structure also includes use of a resident card. Residents may obtain a resident card at the Leisure Services Office with a drivers license, voter registration, utility bill, or property tax bill. A card will be issued for $10, with a renewal fee of $5 each year thereafter. Mr. Esplin advised residents’ names will be entered in a computer in case they forget their cards. Councilmember Whatcott commented that the word will soon be spread throughout the golf community where to go to purchase resident cards. He made a motion to...

...sted tabling the request until the applicant was present. DISCUSSION RE GOLF FEE STRUCTURE: Consider recommendations regarding the fee structure for City-owned golf courses for fiscal year 2000-2001. City Manager Gary Esplin advised this matter was previously discussed in a work meeting. Golf Manager Dave Terry advised that he, Councilmember Whatcott, City Manager Gary Esplin, Leisure Services Director Kent Perkins, and the golf pros met in a golf fee summit to talk about issues related to resident and non-resident fees. Additional funds for capital improvements and purchase of equipment are also needed. He advised that revenue at Sunbrook needed to be increased, as the course has been in existence for ten years and the equipment there is at the end of its life cycle. He advised there are significant capital needs at Sunbrook, and the fee structure at Sunbrook needed to be reviewed specifically to purchase new equipment. He advised that many golfers do not understand that the City is paying sales tax on golf fees, and this portion is taken out and paid to the State at no additional cost to the golfers. He suggested a way to generate more money for capital improvements at the courses would be to add the sales tax to the fee and charge the golfers for the sales tax. However, he suggested that an uneven amount not be charged, but rather that it be rounded off. He stated the City cannot continue to pay sales tax without collecting it from the golfers. He stated City courses presently only have two seasons - in-season and summer season. Many other courses have three seasons - summer, peak, and a shoulder season in the fall. St. George City Council Minutes June 15, 2000 Page Nine City Manager Gary Esplin suggested that each issue be discussed separately. Mayor McArthur stated the last time the City raised golf fees, it discussed establishing a rainy day fund to make improvements at all courses. The State then started collecting sales tax on golf fees, and the rainy day fund was never funded. He inquired about punch cards. Mr. Terry advised the City currently has resident and non-resident punch cards. He stated the City wants to provide a rate as low as possible in the summer for full-time residents who help the City courses get through the summer season. The new proposal also calls for afternoon discounts. He advised that the City pays the State $285,000 in sales tax from golf fees each year. City Manager Gary Esplin suggested that how the City is allocating green fees needs discussion. The proposal proposes only one rate, with no differentiation between resident and non-resident rates. The new rates proposed would require that the resident pay a little more than last year, and the non-resident a little less. Mr. Terry stated the punch cards could provide the resident a discount, but that would be a City Council decision. Councilmember Whatcott stated he believed something needed to be done about golf rates, as the wages of City employees, cost of fertilizer and maintenance continue to rise. If the rates are not increased, the rainy day fund will never be realized. He stated he also agreed that golfers should be paying the sales tax, not the City, and he encouraged golfers to write their State representatives to make a change in the law. He stated that while he was not ready to throw the proposed plan out, he was not ready to recommend the plan either as he has philosophical problems with it. He stated that 100% of the burden of the increase is being placed on local residents, and the non-residents are getting a reduction. Councilmember Isom stated she would like to hear from the golf pros. Red Hills Golf Pro Brent Orchard advised he gets many complaints about the resident/non-resident rates, and he suggested they be discontinued and one rate offered for everyone. Sunbrook Golf Pro Reed McArthur advised that secondary homeowners expect resident rates, and with Sun River, Coral Canyon, and Entrada coming on line, the City’s $40-$50 rate is minimal for out-of-towners. He stated that weekend prime time rates could be much higher, perhaps as high as $60, but as long as he has been with the City, the City has tried to keep golf rates down as low as possible and provide the best quality course, but the City can only do this for so long. He stated that punch cards could be offered for weekday play, but Friday, Saturday, and Sunday play should be one price for everyone. He advised that most people do not know the City has to pay sales tax on green fees. Councilmember Whatcott advised one proposal was to leave the rates as they are, but eliminate the resident and non-resident rates and add on the sales tax. He commented he recently played golf in Phoenix, and the green fee was $60 plus sales tax. This was also the cheapest golf course in the metropolitan Phoenix area. St. George Golf Pro Alan Orchard stated that the prime time of January through April carries the golf courses for the rest of the year, and something should be done to charge higher rates during this prime time, especially on weekends. He stated that during the other eight months of the year, the price for residents is fair and offers a good value for their money. Mr. Terry explained the proposal would eliminate the non-resident fee in the summer and offer everyone a significant discount. St. George City Council Minutes June 15, 2000 Page Ten Mayor McArthur advised this would give residents a better rate in the summer, yet the City would make money in the premium months. Mr. Terry stated there are not many non-residents playing the courses in the summer, other than at Sunbrook. Councilmember Isom commented she did not like the resident and non-resident rate structure as she has had many complaints about it. City Manager Gary Esplin stated the City could keep the golf fee structure the way it is and add sales tax to the existing rate, study the issue until September, and address it then as the shoulder season will not begin until October 1. He stated the real questions are if there should be a premium fee on weekends in the peak season, and elimination of resident and non-resident rates. Councilmember Orton suggested the City go with the new rates, add sales tax to them, and be more aggressive on punch cards for residents. Mr. Terry stated the City is not operating in a vacuum without competition, as there are other courses in the area. He stated that Red Hills, Southgate and St. George Golf Club’s competition is Sky Mountain, and Sunbrook’s competition is Entrada, Green Springs, and Coral Canyon, but the City of St. George is the leader in municipal golf in this area. Councilmember Whatcott stated he was in favor of making adjustments to the green fees, but he wanted to take more time and take into account those who have second residences in St. George. He stated he thought the City was moving in the right direction, but he was not ready to make a decision tonight, and perhaps by the end of summer the City would be able to move forward with a new fee schedule. City Manager Gary Esplin advised an alternative would be to approve the sales tax change and leave the summer rates as they currently exist, study the issue, and return in September with another proposal. Golf Manager Dave Terry stated if the City added sales tax to its existing ...

... on funding as this would be part of the public hearings on the budget. GOLF FEES: Discussion on golf fees. Larry Gonzales stated that senior citizens live on limited budgets after retirement and no consideration is being given to them via the cache cards and they should be given a different rate. Dave O?Donnell, a resident of Sunbrook, requested a break for residents of the City. He commented that a couple coming here for a few days to play golf would be crazy not to buy a cache card. Mac McFadden advised he golfs on Tuesdays and Thursdays and is looking for cheaper rates. John Gallacher advised he represents 10 seniors ages 74-89. He advised in the beginning it was rumored that the cache card was for City golfers, but there is no benefit to City golfers as anyone can purchase it. He stated he was in favor of a graduation of rates. He stated the City should only be funding things worthy of funding, and not dog parks. There is debt associated with golf in St. George, but all businesses have debt and offer discounts to seniors; even Suntran offers a discount to seniors. He advised that senior golfers are the ones who pay the bills and try to be of service in the community and they should be considered. He petitioned the Council for a reduction in rates for seniors. Mayor McArthur inquired of Mr. Gallacher is he had played other courses in the County. Mr. Gallacher replied that he has played Green Springs and Sky Mountain. Mayor McArthur inquired if those two courses offered senior rates. Mr. Gallacher replied that they did not, but they offered specials. He advised that seniors can also go to Mesquite in the summer. They are looking for the best deals. Mayor McArthur advised that the City?s rates are lower than all others within the County. Users of the City?s courses are overwhelmingly from St. George. Economic Development Director Matt Loo commented that the golf courses provide an economic benefit to the City and are subsidized by $500,000 from taxes. St. George City Council Minutes May 15, 2008 Page Five Mayor McArthur commented that golf does not pay the total amount of what it costs, and includes some debt service. Budget and Financial Planning Manager Deanna Brklacich advised the City has two bonds due to banks plus an internal loan which will be paid off in three years. There is also an additional bond which will be paid off in 2017. There may be more flexibility three years from now. Mayor McArthur commented that St. George rates cannot be compared to those in Salt Lake as City courses are open twelve months a year and Salt Lake courses are not. Additionally, most Salt Lake courses are paid off. John Gallacher commented that Red Hills is his favorite, but it is difficult to get a preferred tee time. The St. George Golf Club course is a disaster and Southgate is still struggling. The cache card has been in use for three years and he has derived no benefit from it as he is put on the same level with non-residents and he is the one paying taxes. Mayor McArthur replied that the cache card makes golf cheaper and St. George residents comprise the majority using the card. Mr. Gallacher replied that the 3-4% additional cost for green fees over the past three to four years is compounded and seniors are on the short end of the stick no matter what. There needs to be come compassion as the administering of golf cannot be based on money alone. Economic Development Director Matt Loo commented that golf is a business, but some thought can be given to ways to structure the program differently. However, there is still a bottom line needed to operate the golf division. He disagreed on the condition of the St. George Golf Club course and Southgate and stated they are in the best shape they have ever been in within the past several years. Council Member Shakespeare commented that according to the budget, the golf division is $1.6 million short. $500,000 will come from the economic development fund, but that still leaves the golf fund short. Budget and Financial Planning Manager Deanna Brklacich replied that this amount has been accumulating over four to five years. That figure is where the base balance started out at the end of the last fiscal year and why $500,000 is being subsidized from the economic development fund. Mayor McArthur commented that property taxed are not being used to subsidize the golf courses. Ms. Brklacich explained that sales tax is being used. If there are excess revenues, part will be transferred to the economic development fund and some to the capital projects fund. In government, funds are accounted for in separate funds. She explained that Suntran is federally funded and operating costs do not have to be recovered through rates. She stated it was easy to make assumptions, and if anyone has questions understanding the budget, they should contact staff to help them understand the different funds and what the City is allowed to do with them. Council Member Shakespeare inquired how parks were funded. Ms. Brklacich replied that parks are built with general funds. She commented that everyone has their own personal interests and the City must find a balance and distribute the funds accordingly. She advised the City is able to justify the transfer from the general fund to the golf fund because of the sales tax the courses generate and economic benefit they produce. Economic Development Director Matt Loo advised that the golf courses operate on enterprise funds, not general funds. Ms. Brklacich explained that an enterprise fund is supposed to be self-sustaining and run like a business with operating costs covered by user fees. Mayor McArthur commented that the golf courses are operated with user fees but subsidized to a certain extent. Another two to three years of payments will drop the debt service which will give the City more flexibility. Council Member Allen commented she would like to see the City work out something to give the seniors a break. Council Member Bunker agreed with Council Member Allen. St. George City Council Minutes May 15, 2008 Page Six TABLE ITEMS: Mayor McArthur again announced that Item 3D, a public hearing to consider amending Title 10, St. George City Code, to add a new chapter 25 ?Landscaping Standards? and to amend several sections of the zoning which pertain to landscaping, and its corresponding ordinance, and Item 3E, a public hearing to consider approval of a zone change from R-1-10 to PD Commercial on 1.42 acres located at approximately 1300 East 900 South, and its corresponding ordinance, were tabled from the agenda. PUBLIC HEARING/ZONE CHANGE/ORDINANCE: Public hearing to consider approval of a zone change from PD Commercial to C-3 on .86 acre located at 285 W. Tabernacle. Chris Bloxham, applicant. Community Development Director Bob Nicholson explained the site has two existing buildings and is located on a corner across from the former West Elementary. No new construction is proposed. The property owners are requesting the zone change because they want more flexibility in use. The uses submitted for the property in 1986 are similar to the Administrative and Professional Office zone with office and retail uses. Uses are limited by the amount of available parking. The applicant is requesting to have the same privileges as the property to the south and west which is C-3. The Planning Commission recommended approval. Council Member Bunker inquired why the Planning Commission decided not to add new uses to the exiting zone. Mr. Nicholson replied the property owners want the same flexibility as neighboring properties. Mayor McArthur opened the public hearing. There being no public comment, he closed the public hearing. Council Member Shakespeare commented that the City would have more navigational ability by keeping the area zoned PD Commercial. She stated that by expanding the uses instead of changing the zoning the City would be at the helm to make decisions. There are some things in a C-3 zone which she would hate to see go in there but the City?s hands would be tied. She suggested the matter be tabled and the list of uses in the PD Commercial zone reviewed. Mayor McArthur commented the property is wrapped around by C-3 zoning. Chris Bloxham, applicant, explained the problem is that several of the occupants are not in compliance with the PD Commercial zoning. The use of the building now is general office. By changing the zoning several of the tenants who now do not comply with the PD zone would be brought into compliance. Council Member Shakespeare commented that a general commercial zone is too broad and opens the door for problems. Mr. Bloxham commented that parking is limited and limits the uses of the building. Council Member Allen commented that the building itself limits the uses. Mr. Bloxham commented that the Wilkinsons have plans for general office use, and he requested the zone change in order to be contiguous with what will happen on the block. City Attorney Shawn Guzman advised that this building was constructed under a PD zone and had to have additional landscaping and buffer zones. It has more than would be required for a C-3 building. The City will be getting a PD building in a C-3 zone. Council Member Allen inquired if the applicant could change the landscaping to fit the C-3 zone or if it had to remain as is. City Attorney Shawn Guzman replied there is no incentive to change the landscaping because of the configuration of the buildings. Council Member Bunker commented she agreed with Council Member Shakespeare and that the C-3 zone needed to be reviewed. She recommended the matter be discussed in a work meeting. She stated, however, that on this property it looked like the zone change would work. Council Member Shakespeare inquired of the applicant his plans for use of the building. Mr. Bloxham, applicant, replied that he had no plans to change what was there. He stated he paid a lot for the property and had no plans to remove the buildings. St. George City Council Minutes May 15, 2008 Page Seven MOTION: A motion was made by Council Member Pike to approve the ordinance changing the zone. SECOND: The motion was seconded by Council Member Allen. VOTE: Mayor McArthur called for a roll call vote, as follows: Council Member Pike - aye Council Member Allen - aye Council Member Shakespeare - aye Council Member Bunker - aye The vote was unanimous and the motion carried. PUBLIC HEARING/PRELIMINARY PLAT: Public hearing to consider approval of the preliminary plat for Library Cove Subdivision with four single family lots located at 154 South 100 West in the RCC zone. Keith Kelsch and Paul Burgoyne, applicants. Community Development Director Bob Nicholson explained the previous request was for three additional lots, in addition to two homes which currently exist on the street. The applicants have revised their request to have only two additional single family lots, one 9300 sq. ft. and the other 9500 sq. ft., in addition to the two existing homes. Staff and the Planning Commission recommend approval. A development agreement will be required to assure one of the homes is owner occupied as well as to address how the private street will be maintained. The applicant has requested by letter that the City reinstall the concrete approach and allow narrowing of the private drive to 18' in order to save a large pecan tree. Mr. Kelsch, applicant, advised that the Fire Chief said narrowing the street to 18' would not be a problem. One side of the curb will be painted red to prohibit parking. City Attorney Shawn Guzman advised that staff would have to look at this and get more information. He inquired of the City Council if they would like to table the matter. Mr. Kelsch requested that the matter not be tabled. Mr. Guzman advised that allowing the private street to be narrowed would be varying from ordinance requirements. Mr. Kelsch advised that he could add width on the other side if necessary. Mayor McArthur replied that the plan would need to reflect this. He recommended approval subject to staff approval and moving the driveway. Mr. Kelsch stated that because he is reducing the lots to two, he wants 25 minutes on a City Council agenda to present a power point on transit design to replace the automobile sprawl that is happening in the City. He also recommended that the Red Hills golf course offer a senior discount and that the St. George Golf Club be cut down to nine holes. Mayor McArthur opened the public h...

...tourism destination with the construction of the area’s first 9-hole golf course, Dixie Red Hills, which is located behind the large red bluff at the corner of Sunset Boulevard and Bluff Street. Since that time, 12 additional golf courses were built in Washington County and the area has since taken on the nick name of “The Palm Springs of Utah” largely due to the number of golf courses and vacation resort developments.    Also in the 1...

...time?  Here are the booking policies for all 4 courses: Sunbrook Golf Club: 60 days in advance Southgate Golf Club: 14 days in advance St. George Golf Club: 14 days in advance Dixie Red Hills: 30 days in advance

...ing. John Gallacher advised that he was representing 10 senior citizen golf enthusiasts. He stated the Spectrum reported that Mr. Loo stated the last golf increase was in 2005, when in reality it was in 2006, only eight months ago. He stated that seniors are concerned that the continued increases which have an impact on them. He also expressed concern with the $300 cache card as opposed to the 20 punch card at $160, and the fact that it could not be augmented. He stated that many seniors suffer from physical ailments which make use of a golf cart a necessity, and an increase in the cost of carts is also proposed. He stated that the cache card limited them to playing Monday through Thursday, and if they want to play on weekends, they have to pay what visitors pay, which seems inequitable. He stated the increase was an imposition on their ability to pay and he requested that seniors be considered exempt from any potential increase in golf fees or cart fees. City Manager Gary Esplin replied that the proposed increase is 3% to 3.5% which equates to $1 for 19 holes. A $1 increase in cart fees is also proposed. The last increase was 14% in fiscal year 2005-2006 and rates were not changed during the off-season. He stated he was not aware the cache card could not be added to, and staff will look into this. The City Council gave staff instructions that it was to look at adjusting golf fees on an annual basis instead of surprising the public with a significant increase. The City must cover its costs, and costs have gone up significantly with regard to fertilizer and fuel and day-to-day operational costs. Golf courses do not pay for themselves. In the current fiscal year and next fiscal year as well it is proposed to transfer $500,000 from the Economic Development fund to cover operational and capital costs at the golf courses. The City is trying to keep costs down as much as possible. If the City had golf courses strictly for the residents, it would only have 1.5 golf courses, and no one would be able to get on them. The proposed rates are competitive with others in the county and with all others in the State of Utah in the summer. Mr. Gallacher replied that the local players support the courses in the summer, and regardless of what percentage the increase consists of, it is real money to him and his friends. City Manager Gary Esplin inquired of Mr. Gallacher how he suggested the City for the shortages as the golf courses do not make a profit. This year they lost $500,000. Mr. Gallacher commented that seniors play in 100 degree heat and also played the courses when they were nothing but cow pastures, particularly Southgate and St. George Golf Club. He inquired why the City could not give them a break. Mr. Esplin replied that they were getting a break with the summer rates - $7 to play nine holes of golf. Mr. Gallacher advised that many cities offer a discount for seniors. He stated the City has not allowed for reasonable priced housing, and is now heading in the same direction with the golf courses. The reality is if the seniors can?t afford to play, the City will not receive the revenue. St. George City Council Minutes June 7, 2007 Page Fourteen Mr. Esplin replied that it costs ?x? number of dollars to maintain every round of golf, and the City is trying to keep the rounds played close to operational costs. Seniors can buy a pass for $100 in the summer and play all the golf they want. Mayor Pro Tem Orton commented that the City Council and staff are providing the cheapest golf they can to the citizens. The City Council directed staff that they would rather see a yearly increase in fees instead of a drastic increase every four years. The City had to subsidize the golf courses in the amount of $500,000 this year and it is doing that for the senior citizens, and he did not know a fairer way to do it. Council Member Gardner commented that the City appreciated the golfers. No decision would be made tonight and the City Council will consider all comments. They have made a commitment to provide the cheapest golf possible. Ed Baca advised that he has been attending City Council meetings for the last four years and during that time developed an appreciation for all City employees who serve the public during this period of fast growth. The proposed budget report is the most comprehensive he has had the opportunity to review and is citizen-friendly. He stated he has never heard in a public meeting how priorities are established for expenditure of funds, and inquired where these discussions were taking place. He inquired how citizens are to know that the City Council is responding to public concerns if the decision-making process is carried out without public discussion. He stated he was told that the City?s police force is keeping up with the population growth, but according to a national benchmark, based on a population of 85,000, the City should have 136 sworn officers and it has only 96. A budget request for 10 new officers was reduced by the City Manager to four. He stated this was a large shortage of officers. He inquired how the City could spend money for a water works park, referred to by some City Council members as McArthur Park, when those funds would pay the salary of two police officers. The City donates $20,000 to the College Bowl and to high school graduation, which would pay for one officer. It pays $36,000 for subscriptions and memberships and $25,000 for training and travel expense for the City Manager, which could provide two additional police officers. This total would provide five officers which are desperately needed. When a Police Department is understaffed, this may result in use of necessary force which leads to citizen complaints and a police review board and possible civil litigation, which is not in the best interests of the City. He inquired why no increase in staff was proposed for the Fire Department when the population has increased, and why there was no fire station in Sun River. He inquired how the City could transfer $500,00 to the golf courses and not find a way to fund public safety needs. He commented t...

...ter will be scheduled on an upcoming City Council agenda. DISCUSSION ON GOLF: Councilmember Gloria Shakespeare explained that she has received numerous letters and calls regarding golf. She knew nothing about golf, but began gathering research. All City golf pros are independent contractors who receive a salary and health insurance, but not retirement. Each pro is allowed six days for tournaments and they retain all profits from the tournaments, except cart fees. These tournaments take 24 days of greens fees from the City, although the City does receive the cart fees. She said she studied how golf works throughout the state and compared all the cities used by the City in its salary survey, and also used Mesquite and Las Vegas. Because the pros are independent contractors, there is no way to know how much goes through the pro shops and snack bars, and her concern is that the City should know how much each of the pros are making. Many cities she surveyed have made changes and taken back the pro shops and snack bars. The profits made from the pro shops and snack bars should belong to the City to help pay for the golf courses. It makes sense to take over the pro shops and snack bars so that the City knows exactly how much is earned; this is the City Council’s job - to study and know how to save taxpayer funds. Because golf courses are expensive to run and there is a lot of competition, the City needs to look at ways to save money. She suggested the City take over the tournaments, pro shops and snack bars and hire a private company to audit the courses every three months and study other cities that have taken back the pro shops and snack bars to see how it has worked for them and perform an audit on how much the pros are making. City Manager Gary Esplin replied that the City can audit the amount of dollars generated on a gross basis, but profit-wise it is not the City’s business to determine whether the pros are making a profit and what that percentage is. He commented that he appreciated the extensive research performed by Councilmember Shakespeare, but he did not believe St. George could be compared to courses in Sandy and Murray, as not one other city in the state uses its golf courses for economic development, but rather for recreation. The City of St. George operates its golf courses strictly for economic development purposes. The golf season in St. George is completely different from that in other parts of the state. The yearly total paid to all four pros is $474,000 to operate all four courses. With that amount they have to pay all their help. The City can change to another model, but that amount is going to cost the City. If the pros and all their help were made City employees, it would cost $742,000 to operate all four courses, when the City is already losing money on them. This will immediately cost the City $250,000 more to operate the courses, which is more than the City can make in the pro shops and snack bars. Mayor McArthur advised the City studied this issue four or five years ago, and came to the same conclusion - that it would take $250,000 more to operate the courses if the pros and their help were made City employees. Councilmember Shakespeare commented that not all the courses have assistant pros and the help is being paid minimum wage. The courses can still be used for economic development, as they are not going anywhere. The issue that needs to be examined is if the money going through the pro shops and snack bars should belong to the St. George City Council Minutes April 28, 2011 Page Two City. An audit of the courses should be performed and compared to what is happening in other cities. City Manager Gary Esplin replied that he knows all the golf operations in the state, and in his professional opinion the City should not be in competition with private enterprise. The City is working with the pros on paying a greens fee for those times when tournaments are taking up space the City could sell. The City is not afraid of an audit. Councilmember Almquist commented his concern is what the City is doing to get more people to golf, and how the pros and golf maintenance people get along. City Manager Gary Esplin replied that the relationship between the pros and superintendents could be better, but the courses are in the best shape ever. However, the City is facing serious problems in the future because it has not funded any capital improvements for the courses. The National Golf Foundation notes a 20% decrease in golfers the last few years because of the dilution of demand and the economy. In the last ten years many courses have closed and it is estimated that in the next five years between 500-1000 public golf courses will close. It is a national problem. The City can do a better job of marketing the courses. The golf course business is risky enough without taking on more risk. Ed Baca commented that the reality is that the golf courses are an economic-driven engine. St. George is unique and cannot be compared to northern cities. Councilmember Shakespeare inquired about splitting profits of the pro shops and snack bars between the City and pros. In that event the City would be in a position to know what they bring in. Councilmember Almquist commented he did not think he was willing to spend $250,000 to break even. Finance Director Phil Peterson commented the City has been staunch in its model of not competing with private industry, and in his opinion having pros to share the risk is also an internal control, as the pro has to the watch the City’s money as well as his own. Councilmember Almquist commented he was not in favor of making government any bigger. Councilmember Pike inquired of Finance Director Phil Peterson and Budget and Financial Planning Manager Deanna Brklacich if there was any scenario that would make sense in order for the City to change its model. Finance Director Phil Peterson commented that the pros are an extra set of eyes watching over the courses, as the golf courses are their livelihood too. Budget and Financial Planning Manager Deanna Brklacich commented that she has run through the numbers forwards and backwards for rounds, greens fees, and cart St. George City Council Minutes April 28, 2011 Page Four fees at every course, and the only concern she has is that somehow the City needs to include the economic factor the golf courses create and bring to the area. Councilmember Bunker commented that to her the bottom line is the $250,000 that would have to be gambled. She stated that her experience in retail tells her the pros could not possibly be making that much money on the pro shops. While she appreciates very much what Councilmember Shakespeare has done, her confidence in the City Manager tells her that if there were a better way to run the courses, Mr. Esplin would have done so. Councilmember Pike commented that if there was not a budget pro forma which shows a better way to run the courses, it should be left the way it is. Councilmember Almquist commented that the numbers show that the City has not lost more than 10% of the number of people golfing, and has never suffered a 10% loss in numbers over any year. DIS...

... BID: Consider award of bid for two aerifiers and two sweepers for the Golf Division. City Manager Gary Esplin advised that staff?s recommendation is to award the bid to the second low bidder, Nucrane Machinery for all four John Deere units in the amount of $47,892. The low bidder does not have a track record as they have only one machine in operation, and staff did not feel comfortable awarding the bid to them. Golf Director Dave Terry explained that the equipment will be used by the Southgate and St. George Golf Courses. A motion was made by Council Member Gardner and seconded by Council Member Allen to award the bid to Nucrane Machinery in the amount of $47,892. Mayor McArthur called for a vote, and all voted aye. The motion carried. UPDATE OF FLOOD DAMAGE TO GOLF COURSES: Golf Director Dave Terry distributed a summary report of damage done to the golf courses during the recent flood and recommendations to minimize future damage. AWARD OF BID: Consider award of bid for two Pro-Gators for the Golf Division. City Manager Gary Esplin advised that staff recommends award of the bid to Nucrane Machinery in the amount of $36,390 for two heavy duty utility vehicles. The City is replacing some of its broken and outdated equipment. St. George City Council Minutes August 21, 2003 Page Two Golf Director Dave Terry explained that the utility vehicles will be used at the Sunbrook and St. George Golf Courses. The vehicles are used on a daily basis for irrigation and bunker work, and also as a mini dump truck. A motion was made by Council Member Orton and seconded by Council Member Whatcott to award the bid to Nucrane Machinery in the amount of $36,390. Mayor McArthur called for a vote, and all voted aye. The motion carried. AWARD OF BID: Consider award of bid for two Jacobsen Greens King IV mowers with groomers and three Kawasaki mules for the Golf Division. City Manager Gary Esplin explained that these mowers can only be purchased from the manufacturer?s representative, Rocky Mountain Turf, in the amount of $61,718. Golf Director Dave Terry explained that these are not new, additional pieces of equipment, but replacement equipment. A motion was made by Council Member Orton and seconded by Council Member Whatcott to award the bid to Rocky Mountain Equipment in the amount of $61,718. Mayor McArthur called for a vote, and all voted aye. The motion carried. Council Member Whatcott commented that the Golf Division is the only Division within the City that pays for itself. AWARD OF BID: Consider award of bid for police interceptors. City Manager Gary Esplin advised that staff recommends award of this purchase through the State contract in the amount of $230,000 for ten new vehicles. Local dealers could not match the price. A motion was made by Council Member Whatcott and seconded by Council Member Orton to award the bid through the State contract in the amount of $230,000 for ten new vehicles. Mayor McArthur called for a vote, and all voted aye. The motion carried. AWARD OF BID: Consider award of bid for an Elgin MV Whirlwind street sweeper. City Manager Gary Esplin explained that this item was approved as part of the current budget. Staff recommends award through the State contract with AG Body, Inc. in the amount of $119,880. Streets Superintendent Randy Halverson advised that an old sweeper will be traded in for the new one. The City has had great success with Elgin sweepers. He advised that all residential streets are swept at least three times a year, and the business districts once a month. A motion was made by Council Member Allen and seconded by Council Member Orton to award the bid to AG Body, Inc. in the amount of $119,880. Mayor McArthur called for a vote, and all voted aye. The motion carried. AWARD OF BID: Consider award of bid for glass beads for painting pavement markings. City Manager Gary Esplin advised that staff recommends award of the bid to the low bidder, Safety Supply, in the amount of $29,959. A motion was made by Council Member Orton and seconded by Council Member Whatcott to award the bid to the low bidder, Safety Supply, in the amount of $29,959. Mayor McArthur called for a vote, and all voted aye. The motion carried. AWARD OF BID: Consider award of bid for a self-propelled chip spreader for the Streets Department. City Manager Gary Esplin advised that staff recommends award to the low bidder, Geffs Mfg., in the amount of $108,985.72. St. George City Council Minutes August 21, 2003 Page Three A motion was made by Council Member Gardner and seconded by Council Member Allen to award the bid to the low bidder, Geffs Mfg., in the amount of $108,985.72. Mayor McArthur called for a vote, and all voted aye. The motion carried. Glen Bundy inquired why the City was purchasing equipment when private contractors should be doing the work as it would be more cost effective. Mayor McArthur responded that the City buys its chips and oil from private contractors. City Manager Gary Esplin explained that under State law cities are allowed to do a certain amount of maintenance to its streets, and the City thinks this is the most cost effective way to get the job done. AWARD OF BID: Consider award of bid to install the north utilities project. City Manager Gary Esplin explained that the low bidder withdrew his bid, and the second low bid is substantially over the estimate. It is staff?s recommendation to reject all bids and rebid the project. The engineer?s estimate was 1.4 million dollars, and the second low bid was 1.8 million. The City?s ordinance provides that when a bid is 5% over the amount of budgeted funds, the item can be rebid. A motion to reject all bids and rebid the project was made by Council Member Orton and seconded by Council Member Whatcott. Mayor McArthur called for a vote, and all voted aye. The motion carried. PRESENTATION BY EXCHANGE CLUB: Dave Mathis, representing the Exchange Club, presented Mayor?s Walk T-shirts to the Mayor and Council. RESOLUTION: Consider approval of a resolution authorizing a new fee schedule for the City?s golf courses. City Manager Gary Esplin explained it had been several years since golf fees were raised, and costs of operation have increased. Golf Manager Dave Terry explained that the City is trying to move toward a demand-based pricing system in order to compete with nearby courses. It is proposed that each fee be increased by 5%, with one exception. It is recommended that a peak season rate be implemented at Sunbrook from February through April by adding another $5.00 to the 18 hole rate. Mayor McArthur commented that the City?s golf rates are very competitive. A motion was made by Council Member Gardner and seconded by Council Member Orton to approve the resolution increasing the City?s golf rates, attached hereto as Exhibit ?A?. Mayor McArthur called for a roll call vote, as follows: Council Member Gardner - aye Council Member Orton - aye Council Member Whatcott - aye Council Member Allen - aye The vote was unanimous and the motion carried. RESOLUTION: Consider approval of a resolution declaring intention to reimburse expenditures from the proceeds of electric revenue bonds to be issued by the City of St. George, Utah. City Manager Gary Esplin explained that approval of this resolution would allow the City to receive up to $8,300,000 in funds for capital projects. There are a few projects which may be imminent and prior to issuing the bonds. This resolution would protect the City if it has to spend funds before the bonds are issued. A motion was made by Council Member Whatcott and seconded by Council Member Allen to approve the resolution. Mayor McArthur called for a roll call vote, as follows: St. George City Council Minutes August 21, 2003 Page Four Council Member Whatcott - aye Council Member Allen - aye Council Member Gardner - aye Council Member Orton - aye The vote was unanimous and the motion carried. RESOLUTION: Consider approval of a resolution amending the Agreement for Residential Waste Collection by eliminating manual collection of plastic bags, bundles, and manual containers. Mayor McArthur explained that adoption of the resolution will provide for a second container at no cost, and will not eliminate the manual collection of plastic bags, bundles and manual containers. Council Member Isom arrived. Mayor McArthur explained that residents who want a second container at no additional charge should call the Solid Waste District and request one. A motion was made by Council Member Gardner and seconded by Council Member Allen to approve the resolution. Mayor McArthur called for roll call vote, as follows: Council Member Gardner - aye Council Member Allen - aye Council Member Isom - aye Council Member Orton - aye Council Member Whatcott - aye The vote was unanimous and the motion carried. PUBLIC HEARING: Public hearing to consider amendment of the Blackridge Planned Development zone to replace the proposed movie theater with a four story office building and for modifications to the site layout which includes restaurants and retail for the parcel east of 250 West Street located at the northeast corner of 250 West Street and the Blackridge Drive intersection. City Manager Gary Esplin advised that there would not be a public hearing, as the public hearing on this item was closed at the last meeting, and it was inadvertently included on this agenda. ORDINANCE: Consider approval of an ordinance amending the Blackridge Planned Development zone to replace the proposed movie theater with a four story office building and for modifications to the site layout which includes restaurants and retail for the parcel east of 250 West Street located at the northeast corner of 250 West Street and the Blackridge Drive intersection. City Manager Gary Esplin explained that the City Council made a field trip to this site at their last work meeting. Council Member Isom advised that even though she did not attend the City Council work meeting field trip, she went out last weekend to look at the site. Steve Brown, applicant, explained that the project will be a dramatic improvement over what has already been approved for the site. The color of the stucco is close to the color of the convention center at the entrance to the City, and the glass is the color of the sandstone cliffs. The colors have been blended to be aesthetically pleasing. He explained that the reason the Planning Commission unanimously recommended approval was because the building was pulled back off the toe and tucked in against the rock wall. The major reason for wanting a four story building is because of liability, as having a smaller footprint will minimize liability due to the expansive soils. The Skyline Center was built three years ago at about the same elevation and determination of the height of the building by the midpoint of the adjacent road is a legitimate argument for approval based on past determination of how high buildings can be. The proposed building will not upstage the temple, nor become a beacon, but will be good for St. George. St. George City Council Minutes August 21, 2003 Page Five Council Member Isom stated she had a problem with the height, especially in the proposed location. She commented she felt the ordinance should be adhered to rather than changed every time there is a request to do so. Council Member Orton commented that the City Council has looked at the proposed location from every entrance to the City, and all are after the same goal, that being to make the City the nicest looking City it can be. He commented that he was not sure if the proposed project was going to do that, and the decision the City Council will make will have to be lived with for a long time. He commented he feared if this project were approved, all the ridges could be filled with four story buildings, and most cities seem to clump their high rise buildings in the downtown area. Council Member Whatcott inquired of the applicant if there was a reason he wanted to equal the original PD in square footage. He commented that as he read the testing report, it does not say a four story building is any safer than a three story building with 30,000 sq. ft. He inquired of the applicant if his goal was to have 40,000 sq. ft. irrespective of the height, and if it was an economic decision. Mr. Brown replied that it was not. Council Member Gardner commented that it was a fact there were soils problems, and anyone who builds on that site has to be sensitive to the soils problems. The applicant is merely trying to counteract the expansive soils by calculating the weight of the building, and width or breadth of the footings to match that weight. If the size is decreased, then the footings can be decreased, and this can be altered depending on the size of the building. He expressed concern that the building be built appropriately, and commented that a three story building can be just as appropriately built as a four story. Steve Brown commented that problems down the road may be created by building the footprint further out. Council Member Whatcott advised that by putting 30,000 sq. ft. on three levels, the footprint would be the same size as 40,000 sq. ft. on four levels. Steve Brown advised that this would then become an economic issue, because of the price of construction, sq. footage, cost of the land, etc. Mr. Brown advised the building would be worth $5,000,000 and generate $55,000-$60,000 in property taxes each year. Council Member Whatcott commented that the proposed building would be similar to adding another story to the office building behind the Police building and setting it out on a hill. He commented that the economic factor put the proposed building in a different perspective rather than if a risk factor were involved. Mr. Brown replied that economics was his secondary concern. His number one concern was liability. Council Member Whatcott commented that the liability would be the same for a three or four story building if the footprint was the same. Council Member Gardner commented that setting the building back against the hill has reduced the impact tremendously, and while he was supportive of the proposed project, he was also supportive of a three story building. Mayor McArthur commented that the proposed building would be the only four story building built on a hillside, and while the applicant has been willing to turn the building and break up the lines of the building, height is an issue. Mr. Brown commented that there was also substantially less glass than the original proposal. Randy Green, managing partner of the Black Ridge Commercial Center, advised that he is a registered architect. He commented that development in the front of the project will soften the impact of the building, and the building pad in the center of the loop road is the same height as the pad the building will be on. Initially the building will be more prominent than it will be eventually. He felt a good compromise had been reached with regard to blending of building materials. Landscaping will also soften the impact. He advised he was committed to taking the entire proceeds of the project and put it back into the property to finish St. George City Council Minutes August 21, 2003 Page Six improvements he committed to the City he would do. He advised the proposed building represented a coming together of economic realities of trying to build a building while dealing with the soil condition and other economic realities, and was not simply a matter of lopping off a story. This would result in 10,000 less sq. footage without reducing his development cost by 25%. The building is good looking, and better than a majority in the City and shows sensitivity to the environment. He encouraged favorable consideration as presented. Mayor McArthur commented he wanted to be sure the project impacted the community in a good way and not as a billboard on a hillside. He expressed concern about its prominence in the community, and stated it was important that it blended in. Council Member Orton commented that the City has made mistakes in the past and has had to live with them. If the City?s concerns now are valid, 20 years from now the proposed building will stick out as a billboard. He stated that while he did not want to do anything to stand in the applicant?s way of success, he was struggling to convince himself to support the four story building. Mayor McArthur commented that the proposed project is PD, and the City Council can require it to be changed. Council Member Allen commented that as much as she liked the color, she was not sure the building was the best against the backdrop. She inquired of the applicant if another glass could be used that was not so reflective. Mr. Brown replied that there needed to be a certain level of reflectivity, or the building would be too utility consumptive. Council Member Gardner commented that the City Council needed to make sure the color of the building fit the backdrop, and he was comfortable with and could support a three story building. Council Member Allen commented she too preferred a three story building. Council Member Whatcott commented that while he liked the building, he was leaning toward a three story building. He stated the City Council needed to make sure the colors of the building blended with the hill behind it. Council Member Gardner inquired if options could be considered which would allow the requested 40,000 sq. ft. to be spread around in the footprint. Mayor McArthur replied that the applicant would have to meet all other requirements for development, including parking. A motion was made by Council Member Isom to approve the project, by ordinance, subject to a three story building spread out however the applicant preferred as long as he could meet parking and other requirements, and subject to obtaining City Council approval of the color of the building. City Manager Gary Esplin clarified that the applicant could have 40,000 sq. ft. in a three story building as long as he could meet parking and other requirements. Council Member Isom replied that this was correct. Council Member Whatcott suggested that a restriction be made on the height. After discussion, Council Member Isom amended her motion to include a stipulation that the building be no higher than 47' in height. Mayor McArthur asked the applicants to present to the City Council at a later date the color scheme for the project. Deputy City Attorney Ron Read advised that the Planning Commission also recommended two other conditions: that only monument signs be used, and that any rooftop equipment be shielded from residential view. Council Member Isom agreed to again amend her motion to include the two stipulations recommended by the Planning Commission, that only monument signs St. George City Council Minutes August 21, 2003 Page Seven be used for the project, and that any rooftop equipment be shielded from residential view. The motion was seconded by Council Member Allen. Mayor McArthur called for a roll call vote, as follows: Council Member Isom - aye Council Member Allen - aye Council Member Whatcott - aye Council Member Orton - aye Council Member Gardner - aye The vote was unanimous and the motion carried. DINOSAUR TRACK PROJECT: Consider approval of the dinosaur track site design/build project. City Manager Gary Esplin advised that proposals were received just yesterday and staff has not had time to review them and make a recommendation. The Committee ranked the proposals and have a recommendation for the Council, but he suggested that the matter be tabled and rescheduled on the next agenda. SPECIAL EVENT PERMIT: Consider approval of a special event permit for a Farmer?s Market at the Zion Factory Stores. City Manager Gary Esplin advised that there have not been any problems in the past with the Farmer?s Market, and staff recommends approval. A motion was made by Council Member Gardner and seconded by Council Member Allen to approve the request. Mayor McArthur called for a vote, and all voted aye. The motion carried. City Manager Gary Esplin clarified that the special event permit is for a one year period, not five years as requested in the applicant?s letter. AIRPORT LEASE: Consider approval of an Airport Commercial Operating Lease agreement with JLH Ventures, LLC. Justin Hansen, applicant. Airport Manager Dave Ulane advised that in March the Airport Board recommended approval of the applicant?s request to construct a new hangar, contingent upon coming up with a leasehold map of the airport. Staff recommends approval. The applicant is aware that a new airport is planned, and the lease term is for five years. A motion to approve the lease was made by Council Member Isom and seconded by Council Member Orton. Mayor McArthur called for a vote, and all voted aye. The motion carried. SET PUBLIC HEARING: Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held August 12, 2003, recommended that a public hearing be scheduled for September 18, 2003 at 5:00 p.m. to consider a zone change request from R-3 to AP on 0.14 acre located at 694 South Main St. Greg Stevens is the applicant. A motion was made by Council Member Allen and seconded by Council Member Isom to set the public hearing as recommended by the Planning Commission. Mayor McArthur called for a vote, and all voted aye. The motion carried. FINAL PLAT: Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held August 12, 2003, recommended approval of the final plats for The Springs Estates Phase 6, Paul Jensen applicant; Springfield Townhomes Phase 5, Brent Goodwin, applicant; and Stone Point Townhomes Phase 3, Mansfield Jennings, applicant. A motion was made by Council Member Gardner and seconded by Council Member Allen to approve the final plats and authorize the Mayor to sign them. Mayor McArthur called for a vote, and all voted aye. The motion carried. St. George City Council Minutes August 21, 2003 Page Eight LOT SPLIT: Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held August 12, 2003, recommended approval of a request for a lot split at 1100 West 1165 North in an M-1 zone subject to identifying that the parking is adequate for the existing uses and subject to an access easement being recorded and the deeds being recorded. The Planning Commission also recommended that the City not enforce parking issues should they arise. Gary Knight is the applicant. A motion was made by Council Member Isom to approve the lot split. Deputy City Attorney Ron Read clarified that the City will enforce its Parking Ordinance, but the applicant has entered into a private cross-parking agreement which the City will not enforce. Council Member Isom?s motion was seconded by Council Member Whatcott. Mayor McArthur called for a vote, and all voted aye. The vote was unanimous and the motion carried. EXPAND NON-CONFORMING PARKING: Associate Planner Mark Bradley explained that the Planning Commission, at its meeting held August 12, 2003, recommended approval of a request from Kolob Care and Rehabilitation for a proposed addition to comply with the amended parking standards allowing the existing portion to remain under the previous parking standards. Janet Jenson, agent. Mr. Bradley explained that the facility has 120 beds and 40 parking spaces. They would like an addition for 60 beds and will comply with the new parking standards for the additional 60 beds, for a total of 70 parking spaces. Council Member Isom commented that cars park now on both sides of 1250 East, and the City must make sure that residents and visitors of the facility are not parking in the street. Mayor McArthur advised that it would not be long before parking is completely taken off 1250 East. He suggested that any motion include the condition that the applicant meet current codes and expand the parking, if possible. Deputy City Attorney Ron Read advised that the ordinance allows discretion. Staff recommends that the additional ten parking spaces will help alleviate some of the existing parking problems. A motion was made by Council Member Gardner and seconded by Council Member Orton to approve the expanded non-conforming parking as requested. Mayor McArthur called for a vote, and all voted aye. The motion carried. CONDITIONAL USE PERMIT: Consider approval of a conditional use permit for a temporary church site for the New Life Christian Center located at 189 W. Tabernacle. Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held August 12, 2003, recommended approval subject to the lease time frame not conflicting with the parking lot completion. Mr. Bradley explained that the site is the former school district administration building, and the church has leased the north wing of the building. Staff thinks the proposed use would work well with the existing parking. A motion was made by Council Member Whatcott and seconded by Council Member Orton to approve the request. Mayor McArthur called for a vote, and all voted aye. The motion carried. CONDITIONAL USE PERMIT: Consider approval of a conditional use permit for a preschool in an A-1 zone at 2131 South 3430 East for up to 12 students. Travis and Genevieve Milne, applicants. Associate Planner Mark Bradley explained that the Planning Commission, at its meeting held August 12, 2003, recommended approval of the request requiring the students to begin preschool in the home and then move out into the accessory building. The Planning Commission felt the accessory building needed to be clearly incidental to the house. He advised that up until now, all preschools within a residential zone have been held within the residence. St. George City Council Minutes August 21, 2003 Page Nine Deputy City Attorney Ron Read advised that the home occupation ordinance requires the use to be in the home initially, and that is why the Planning Commission recommends the preschool begin in the home. This is a legal technicality. A motion was made by Council Member Whatcott to approve the request subject to the recommendations of the Planning Commission. The motion was seconded by Council Member Isom. Mayor McArthur called for a vote, and all voted aye. The motion carried. CONDITIONAL USE PERMIT: Consider approval of a conditional use permit for a preschool in an R-1-8 zone for up to 11 students at 239 South 2040 East Cr. Stephanie Peterson, applicant. Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held August 12, 2003, recommended approval of the request subject to final inspection once the home is completed, meeting all requirements, and obtaining a business license. A motion was made by Council Member Orton and seconded by Council Member Gardner to approve the request subject to the recommendations of the Planning Commission. Mayor McArthur called for a vote, and all voted aye. The motion carried. CONDITIONAL USE PERMIT: Consider approval of an extension of a conditional use permit for an RV park located at approximately 2580 East and 2000 South. Karl Larson, applicant. Associate Planner Mark Bradley explained that a year ago the City Council recommended approval of an RV park, but since no work commenced, the conditional use permit expired. The applicant is requesting an extension. The Planning Commission recommended denial finding that no substantial work has been accomplished. There are 374 lots within the project on 37.49 acres. 90% of the required development agreement has been agreed to, but it has not yet been executed. City Manager Gary Esplin explained that the applicant would still have vesting in the zone, unless the zone were changed before the applicant came in with another plan. Council Member Gardner commented that a ?no? vote would indicate the City wants the applicant to proceed with the mobile home park, while a ?yes? vote would still allow other options to be pursued. City Manager Gary Esplin advised that even though work has not commenced on the project, there has been an expenditure of funds, but he stated he did not know whether it was enough to warrant an extension. Council Member Isom inquired of Mr. Bradley if substantial work on the project had been done. Mr. Bradley replied that the applicant submitted his grading plan to obtain vesting, but the project cannot be approved without construction drawings. Staff has not seen construction drawings or improvement plans for the site. The applicant has been looking at another site as requested. Council Member Isom commented it appeared the applicant had done enough work to warrant an extension. Mayor McArthur explained that the applicant and City Council have talked about moving the RV park to a more appropriate site, as the applicant cannot have RV parks at both locations. If the RV park were moved to another site, the site could possibly be rezoned to a more appropriate zone. Council Member Gardner made a motion to extend the conditional use permit for one year. The motion was seconded by Council Member Allen. Karl Larson, applicant, explained that he has an offer pending and has identified two other possible sites. He is requesting the extension in case his offer is not accepted. St. George City Council Minutes August 21, 2003 Page Ten Deputy City Attorney Ron Read suggested that the City Council base their decision on the statements made in Mr. Curtis Jensen?s letter of August 20, 2003 to the City Council, attached hereto as Exhibit ?B?. Council Member Gardner?s motion was seconded by Council Member Allen. Mayor McArthur called for a vote, and all voted aye. The motion carried. CONDITIONAL USE PERMIT: Consider approval of a conditional use permit for a residential treatment facility for up to 80 boys age 12-17 at 249 E. Tabernacle Street. Associate Planner Mark Bradley advised that the applicant is proposing to convert the Tabernacle Towers building into the Liahona Academy, a residential treatment center for boys. The applicant has submitted a community impact study. The request meets the 30% open space requirement, and the building will be required to meet the building code by changing the use of the building from office to residential. Parking requirements are two spaces per unit, or they may be reduced as part of the conditional use permit depending on the needs of the public and the program. The Planning Commission expressed concern about the program?s proximity to the Montessori School and lack of parking, however, they recommended approval for up to 72 youth, and compliance with all fire and building codes, and re-evaluate the parking prior to City Council meeting. The ages of the youth will be 12 to 17 years of age, and many will not be driving. The number of parking spaces required should be based on the number of staff, visitors, etc., and it would not make sense to require two parking spaces per unit. Council Member Isom commented she did not think there was anywhere near the needed amount of parking. Mayor McArthur and Council Member Whatcott agreed. Council Member Whatcott commented that even if only one parking space per every two youth were required, 36 parking spaces would still be needed. Mr. Bradley explained that one of the proposed parking spaces would be for disabled parking, leaving 33 parking spaces. He stated he felt parking would have a critical impact on the residents and small businesses around the site. Clayton AhQuin, Program Director for the Liahona Academy, explained that all admissions are screened for safety. The kids come from family-based referrals. The program does not take adjudicated kids, or social system referrals. The kids have academic problems, suffer from depression, substance abuse, poor social skills, etc. Mr. AhQuin then made a power point presentation on a typical daily schedule. He advised that the teacher to student ratio is four to one, and there is an alarm system on each door and window. Parents are provided with a weekly report and are expected to telephone their child once a week. He then made a power point presentation on the building layout, parking and shift changes. Mr. AhQuin again stated that the program does not take state-ordered or adjudicated kids, and the risk is not high. He has never had a child run or had to use a restraint in two years. The program works on a level system, and all privileges are based on behavior and levels. Parents are able to visit once a month, and in fact the program does not work unless the parents are involved. Most kids are in the program nine months to a year, with most staying one year. He then made a power point presentation on the management team. Mr. AhQuin advised that the program is also an accredited school, and some graduate high school as well as the program. He then introduced his staff. Carolle Bell, Clinical Director of Therapy, explained that the kids have just begun to have problems at home and in the community, and have not yet come to the attention of the court system. The boys receive individual, group and family therapy, and skills development service with an emphasis on restoring justice. They also do social service projects. Brad Christensen, Head School Master, explained the program?s goal is to get the boy back on track, and the program is not a credit mill. The boys are allowed to earn only eight credits in a calendar year and most of the students? goals are to go back home to school. Ben Harris, with the Clinical Department, advised that the screening process is extensive. He then described the process. The program focuses on substance abuse and behavioral issues. St. George City Council Minutes August 21, 2003 Page Eleven Morris Peacock explained that he was engaged by Liahona to do the community impact study. He then described the process. The report concludes that while St. George?s resort image is a concern, this program is less visible than other programs on the Boulevard. Mayor McArthur commented that Liahona?s community impact study was not as detailed as that submitted by Red Rock, and the report pointed out that St. George has 25% of all the youth in treatment in Utah. While he was not trying to take away from the facility nor what it does, if he were in favor of having more youth treatment centers in the community, Liahona would be a great one to have. However, he did not want St. George to become the youth detention capital. There is a synergy between businesses in the downtown which attracts other businesses, and the downtown is a public place, and the proposed treatment center is a closed campus. While the treatment center may improve its own property value, he inquired what it would do to the properties around it. He stated he hoped the community impact statement would have delved deeper into the matter. He stated that perhaps the City should do its own impact study on these types of facilities. He also cited the effort the City has put into its downtown area with redevelopment, and he was not sure the proposed program enhanced it. While the program may be a good business and well thought-out, it may not be the best for the community and downtown. He stated he also saw major problems with the parking, and while parents coming to visit their children may be beneficial to businesses, hotels and restaurants, it is a minimal impact as the community?s resort image may be tainted, and in his opinion the community impact statement does not cover the impact on the community. Mr. Peacock replied that while the report may not be as detailed as the Council has seen in the past, it pointed out that tourism may be affected along with the image of the community. He simply gathered data from other individuals, and was not an appraiser, expert realtor, or police officer. Council Member Orton inquired of Mr. Peacock if this was the first time he had done a community impact study and who he worked with in the City. Mr. Peacock replied that this was the first time he had prepared a community impact study for a youth program, and he interviewed Bob Nicholson and members of the Police Department. He addressed the issues required by statute. Mayor McArthur commented that if St. George has 25% of the youth in programs in the State, this would surely justify more than a four page report. Jerry Jensen advised that he currently managed the Tabernacle Towers building for a group of owners who repossessed the property. The owners are unable to put any money into the property to bring it to standard. Over the years St. George has overbuilt apartments, storage units and office buildings. Removal of this amount of office space would have a positive impact on the remainder of office space within St. George. Staff salaries are also important and would be a positive impact. Council Member Allen inquired of Mr. Jensen if there were currently tenants in the building. Mr. Jensen replied that there were tenants with short term leases which would expire soon, and he would assist them with relocation. Mayor McArthur advised that the City has made a significant investment in the downtown area and the City Council?s decision could not be based on what property owners have done. He inquired if the property were brought up to a higher standard with additional parking or an elevator if this would make the property more valuable. Mr. Jensen replied that the building is functionally obsolete and would require demolition. The homes around the building are being used for other uses and are old, and this is an opportunity to make beautiful buildings. Associate Planner Mark Bradley advised that the property is zoned AP, and there are still quite a few residences in the area. Brian Burton, owner of Godfather?s Pizza and the property on which it sits, advised that he is in the process of evaluating a liquor license, and this would impact his ability to lease the facility in the future. St. George City Council Minutes August 21, 2003 Page Twelve Kim Campbell, an adjacent property owner, distributed an outline in opposition to the request and then reviewed it. Council Member Allen advised that Mr. Campbell is a member of the Planning Commission, but he stepped down and did not vote on this issue. Council Member Isom commented that she had to be excused from the meeting, but she was opposed to the request. Kim Campbell advised that there were only 34 parking stalls on site, and that reason alone was enough for denial. Associate Planner Mark Bradley clarified that the actual zone of the site was C-4. Kim Campbell stated that the purpose of a conditional use permit is to provide regulation of land use to assure compatibility and proper integration with land use patterns of the City. This request is not compatible nor harmonious, and other treatment centers within the City do not have residences directly abutting the facilities. The community impact study says the proposed layout will be beneficial by camouflaging it, and the existing block wall and abundant trees and shrubs add to the integrity of the security. He commented that by their own statement the applicants are aware of the non-compatible location. The study says that Liahona intends to avoid a prison-like appearance with no additional fencing, but some of the adjoining residences and businesses have only a 4' fence between them which is not an adequate deterrent or protection for the neighbors. There are risks to the adjacent owners and property values will be decreased. This type of facility requires liability insurance. No one wants to do business or live next to a place where police assistance may be required, and each youth is in trouble and not happy about being removed from his home. The east stairway is not enclosed and not fire rated. This is a code violation and places them at risk in case of a fire. He also expressed concern that the windows were fire-rated, and on three sides the building is only 5' away from the property lines. Fire-rated windows are not operable and a residential treatment facility is required to have windows for all treatment rooms. The City Council should be committed to preservation and renovation of the downtown, and a ?no? vote is simply a recognition that the facility should be located where there is adequate parking and there are no residences adjacent to the property. Mr. Campbell clarified that the State Code requires that each room have a window, but if the building is too close to the property line, it cannot have windows. The windows on the outside walls are non-operable, with steel frames and wire glass. Laura Bergeson and Julie Wand, operators of the Montessori School around the corner from the proposed facility, advised that their school is less than 400' from the northeast corner of the property to the southeast corner of the school walking through the street. The school is less than 150' if one cuts through the property. They expressed concern about the safety of their students, and while the applicants say they only take children who have not been adjudicated or through the court system, this is not who they are advertising for. She advised that the Montessori School has been educating children in St. George since 1984 and has been a long-time contributor to the community. Ms. Bergeson commented that the reason Liahona will be a secure facility is because the youth are troubled and the Liahona Academy, according to their website, does not guarantee against accidents, sexual activity or use of illegal substances. She commented that while Liahona says they will not take youth who have been mandated to the program by the court, they cannot assure that they will not be taking youth who have not been in the court system at all. Approval of the Liahona Academy would severely limit the peace of mind and opportunity to provide safety for the children of the Montessori School. She strongly suggested the request be denied. Lorraine Blanch explained that she rents the Seegmiller home and has lived there ten years. Mr. Seegmiller was not notified of the Planning Commission meeting. She stated she wanted to be assured use of the property by Liahona would not be detrimental to her use of her backyard, or to the safety or welfare of the citizens. She stated she would like to continue to have the opportunity to use her backyard without worrying about the schedule of the youth in the facility or hearing foul language. She commented there was not enough parking at the facility. Jim Boone advised that he worked for Cinnamon Hills which has 125 youth in the program, 204 employees, and 90 parking stalls, and it is difficult to find parking. He advised that if there are not enough parking stalls for the employees, they park in other places, and Liahona?s parking problems would be even worse. St. George City Council Minutes August 21, 2003 Page Thirteen Dorothy Norton, a member of the Neighborhood Enhancement Committee, commented that in trying to make the downtown better, the General Plan states that the central City area contains many nice neighborhoods which are facing threats to their livability, including an increase in the number of group homes. The Neighborhood Enhancement Committee has been in favor of the General Plan and would like to see it followed and the application denied as it is not in the best interests of the downtown area. Jared Bowler, representing one of the short-term lessees in the Tabernacle Towers building, advised that his lease runs until April, 2004. He advised that David Watson, the previous owner and manager of the building, advised him he had no problem filling the building with viable businesses. Mr. Watson also had huge problems with the parking. There is not sufficient parking for an office building, and there is no way there would be sufficient parking for a residential treatment center. He stated he felt it would be shortsighted to grant the conditional use permit. Additionally, he was never been contacted about moving, and no one has made attempts to help him relocate to another office. He expressed concern about the effect the treatment center would have on St. George?s image, and one of his clients in New York already refers to St. George as having all the golf courses and youth prisons in the State of Utah. He stated that maintenance issues at the building stem from poor management, and it would not take much to make the building the best in St. George. He stated he felt a residential treatment facility at the proposed location was inconsistent with the General Plan, and while granting the conditional use permit may be the right thing to do, it is in the wrong place. The parking issues alone should be enough basis to deny the request. There are currently five tenants in the building who would have to relocate. Ross Taylor, a member of the Neighborhood Enhancement Committee, distributed a summary sheet and reviewed it. He commented that the site is only 6/10 of an acre, including all green space, and is too small for the facility. Gary Colf commented that the City did not need any more residential treatment facilities, especially in the downtown area. He stated that location of this facility next to his business and apartments would make it difficult for him to rent his apartments. He stated he did not feel good about the proposal and felt the facility would negatively affect his property values. Greg Stevens commented he did not feel residential treatment facilities should be allowed on the Boulevard or in a commercial area where homes should be, and if the City approves any more they should be located in the industrial park area. Curtis Jensen, representing the applicant, distributed a letter, attached hereto as Exhibit ?C?, and advised that his clients have done everything needed to comply with the conditional use permit process. The subject site is zoned C-4, and they have met or exceeded all standards. His clients have met with staff regarding the parking and he thought all of the issues had been addressed. Liahona Academy cannot be compared to other residential treatment facilities as it is totally different because of its students and its structure. He stated that it takes more than an economic impact to make a wonderful community, and the applicants are service-minded. All staff are qualified and trained, and the Fire Marshall has approved the project. The facility will have a positive impact on the community, and under the City?s own ordinance this type of facility is allowed. As protection, if the conditional use permit is not complied with or followed, it can be revoked. There are also stringent State requirements which must be adhered to, and Liahona Academy is a family-owned business and has a genuine concern for the kids to see them succeed. Even more important are the sheer economics because if the standards are not maintained, they will not be in business. Mayor McArthur commented he still felt the community impact study was inadequate and did not cover the issues. Fire Chief Robert Stoker advised that the Fire Marshall did meet with the applicants and he has code concerns, and has not passed off the facility, although he said it was possible the planned use could work at the site. His main concerns are driveway access and the windows on the north side. Code says that if the driveway is over 150', a turnaround at the end must be provided. The driveway is 200', and he doubted this would work for Fire Department purposes. St. George City Council Minutes August 21, 2003 Page Fourteen Clayton AhQuin, applicant, advised that he met with the Fire Marshall and the old windows will be taken out and new ones installed. Smoke detectors will also be installed. The building is already equipped with sprinklers. Chief Stoker advised he did not know if the windows could be replaced, as the edge of the building is within 5' of the property line and that is the reason fire glass was installed. If they are replaced, they would be in violation of State Code. Mr. AhQuin advised when this building was originally selected, he met with the Fire Marshall and he did not mention anything about the windows. Not being able to change the windows is news to him. Chief Stoker advised that all dorm rooms would have to be on the south side of the building where there are operable windows. Council Member Whatcott commented that while he was 100% in favor of the Liahona Academy and what it is doing, he feels the location is wrong. The City is trying to revitalize its downtown, and this is not the right location. Council Member Allen commented that she felt the proposed use did not fit the location. Council Member Orton agreed that while the program is great, it is proposed for the wrong location. A motion was made by Council Member Allen and seconded by Council Member Orton to deny the request. Deputy City Attorney Ron Read advised that the City Council needed to make a clear distinction on why it was denying the request, i.e. lack of parking, building code problems, safety concerns, no turnaround for fire trucks, General Plan concerns, etc. Mayor McArthur called for a vote, and all voted aye. The motion carried. Council Member Allen agreed to include the language suggested by the Deputy City Attorney in her motion. Council Member Orton, who seconded the motion, also agreed. Mayor McArthur called for a five minute break. MAINTAIN LANDSCAPE STRIP: Consider a request for the City to maintain a landscape strip on Snow Canyon Parkway at the Skyline Ridge Subdivision. Joseph Venuti/J. Venuti, Inc., applicant. City Manager Gary Esplin explained that the applicant?s subdivision is very small with only eleven lots and fronts Snow Canyon Parkway. The landscaping plan has been approved by staff and is similar to that currently being maintained by the City along Snow Canyon Parkway. Because the applicant is so far along in the process, staff recommends approval. He suggested, however, that the City Council not approve any other requests, other than the two on this agenda, in order to determine how to fund the maintenance long term. Council Member Allen commented it was important that staff understand the City Council would not approve any other requests until a funding solution had been reached. Glen Bundy commented that the City should not be in the business of gardening all over the City at the taxpayers? expense, and everyone should take care of their own landscaping. Council Member Orton replied that staff is maintaining the landscaping at the request of the City Council, as landscaping on the outside of subdivisions beautifies the City. Mr. Bundy commented he would like to see the cost of maintaining the landscaping strips. City Manager Gary Esplin replied that this is exactly what staff is now trying to do. St. George City Council Minutes August 21, 2003 Page Fifteen A motion was made by Council Member Orton and seconded by Council Member Gardner to approve the request. Mayor McArthur called for a vote, as follows: Council Member Orton - aye Council Member Gardner - aye Council Member Allen - aye Council Member Whatcott - no The motion carried. REQUEST TO MAINTAIN LANDSCAPE STRIP: Consider a request to maintain a landscape strip along 2450 South for the Jedora subdivision. Riggs Family Development, LLC, applicant. City Manager Gary Esplin advised that the landscaping plan meets all City standards and has been approved by staff. Glen Bundy commented he was opposed to this request. Council Member Whatcott commented that while the project is great and he has nothing against it, he felt the City was preliminary in what it was doing until it had the hard facts on what it will cost to maintain the landscaping. He suggested that perhaps the matter should be put to a referendum, as the citizens are the ones paying for it. Council Member Gardner commented that the City has not been successful in coming up with the right mechanics to fund the maintenance of the landscaping strips, and the landscaping strips do set the tone for the community. The City Council has agreed that it will maintain landscaping on 80' rights-of-way as everyone travels them and they are the community?s responsibility and it is important that they are maintained properly. A motion to approve the request was made by Council Member Gardner and seconded by Council Member Allen. Mayor McArthur called for a vote, as follows: Council Member Gardner - aye Council Member Allen - aye Council Member Orton - aye Council Member Whatcott - no The motion carried. FINAL PLAT: Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held August 12, 2003, recommended approval of the final plat for Skyline Ridge Phase 1. Joseph Venuti is the applicant. He explained that since the City will be maintaining the landscaping strip, the applicant would like to dedicate it to the City and not show it as part of a lot on the plat. A motion was made by Council Member Orton and seconded by Council Member Gardner to approve the final plat and authorize the Mayor to sign it. Mayor McArthur called for a vote, as follows: Council Member Orton - aye Council Member Gardner - aye Council Member Allen - aye Council Member Whatcott - no The motion carried. DONATION AGREEMENT: Consider approval of a donation agreement for donation of property to the City from Black Ridge Development. City Manager Gary Esplin advised the donation consists of 2.816 acres of land on Black Ridge Drive. A motion was made by Council Member Whatcott and seconded by Council Member Allen to approve the donation agreement. Mayor McArthur called for a vote, and all voted aye. The motion carried. St. George City Council Minutes August 21, 2003 Page Sixteen RIGHT-OF-WAY ASSIGNMENT: Consider approval of a right-of-way assignment of BLM rights -of-way to UAMPS. City Manager Gary Esplin explained that the City would like to assign its power line easement from the BLM to UAMPS. In exchange UAMPS will pay the City for the cost of the line ($600,000). A motion was made by Council Member Allen and seconded by Council Member Gardner to approve the right-of-way assignment. Mayor McArthur called for a vote, and all voted aye. The motion carried. AGREEMENT: Consider approval of a payment agreement with UAMPS for assignment of a power line easement. City Manager Gary Esplin advised that the agreement is with UAMPS for assignment and payment for the power line easement. A motion was made by Council Member Whatcott and seconded by Council Member Orton to approve the agreement. Mayor McArthur called for a vote, and all voted aye. The motion carried. CONSERVATION REBATE PROGRAM: Consider approval of a conservation rebate program for restaurants. Conservation Coordinator Ren? Fleming advised that water usage is down 7% this month through the first 20 days in August. The power peaks have also been low because of cloud coverage. She explained that many restaurants leave their water running constantly due to cross-contamination concerns, and a foot pedal would allow employees to operate a tap with their foot, thereby decreasing water use by a significant amount. This is a win-win for restaurants by reducing their water and sewage costs which are based on consumption. Council Member Whatcott and City Manager Gary Esplin suggested that ice machines be looked at also, as water cooled ice machines also require the water to be running all day long. A motion was made by Council Member Orton and seconded by Council Member Whatcott to approve the conservation rebate program for restaurants. Mayor McArthur called for a vote, and all voted aye. The motion carried. Ms. Fleming advised that the rebate amount is $150 for each water saving device. INSTALL IRRIGATION LINE: Consider approval to install irrigation line in Bloomington Hills. City Manager Gary Esplin explained that in 2001 a water tank and pump station were built as part of the Bloomington Hills irrigation project, but at the time an easement could not be obtained because of bankruptcy. The developer is now working with the City in order to run an irrigation line to the St. George Golf Course pond in order to increase capacity. Council Member What...

... the Red Hills Parkway Project. The work will be done adjacent to the old golf course on the east side of the east black ridge. Additionally, this project will realign the roadway since the state is putting in an underpass under the freeway. Alpha Engineering will be doing the design and construction management services for the project. MOTION: A motion was made by Councilmember Randall to award the contract to Alpha Engineering for design and construction management services for the Red Hills Parkway Realignment and Drainage project. 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 The vote was unanimous and the motion carried. CHANGE ORDER: Consider approval of a change order to the professional services agreement with Alliance Consulting for the Middleton Wash Trail repairs. St. George City Council Minutes November 19, 2015 Page Five City Manager Gary Esplin explained this is a change order for the agreement with Alliance Consulting for the Middleton Wash Trail repairs. In the middle of the project, staff decided to beef up repairs so that the area does not flood again. Purchasing Manager Connie Hood added that originally, there was a $25,000 limit which was exceeded. The additional amount is $6,210. MOTION: A motion was made by Councilmember Hughes to approve the Middleton Wash Trail change order for the professional services agreement in the additional amount of $6,210. 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 The vote was unanimous and the motion carried. SERVICES AGREEMENT: Consider approval of a services agreement with Alta Planning and Design, Inc. for the St. George Active Transportation Plan. Support Services Director Marc Mortensen explained last January, the Mayor and Council assembled the Active Transportation Committee. That Committee’s primary purpose was to put an active transportation plan into place. The plan will take place over the next couple of months; it ties together current bike routes, identifies gaps in the trail system and establishes designated bike routes along City roads. Half of the funding comes from the Dixie MPO and the other half from the Public Works budget. The total is $50,000. Mayor Pike read an email from Craig Shanklin, one of the Committee members. MOTION: A motion was made by Councilmember Almquist to award the services agreement with Alta Planning and Design, Inc. for the St. George Active Transportation Plan in the amount of $50,000. 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 The vote was unanimous and the motion carried. AWARD OF BID: Consider award of bid for a new vac-con combination jet/vacuum sewer cleaner for Wastewater Collections. St. George City Council Minutes November 19, 2015 Page Six City Manager Gary Esplin explained that items 2F and 2G are tied together. They are for the jet vacuum truck for Wastewater Collections. The bid will be awarded to NJPA in the amount of $167,507, which is included in the budget. Both items combined are less than what was budgeted. MOTION: A motion was made by Councilmember Hughes to approve the bid to NJPA for the vac-con vacuum sewer cleaner for $167,507. 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 The vote was unanimous and the motion carried. AWARD OF BID: Consider award of bid for a new 2015 Freightliner 114SD chassis/cab for Wastewater Collections. City Manager Gary Esplin advised this is under state contract at a cost of $105,562. MOTION: A motion was made by Councilmember Almquist to award the state contract bid for the 2015 Freightliner 114SD chassis/cab at $105,562. 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 The vote was unanimous and the motion carried. City Manager Gary Esplin noted that this seems like a bit of money; however, the City has a policy to clean the sewer lines regularly. Staff has seen a significant decline in sewer related issues. INTERLOCAL AGREEMENT/RESOLUTION: Consider approval of a resolution authorizing the execution of an Interlocal Agreement to pledge certain funds to the Tuacahn Center for the Arts. City Manager Gary Esplin advised this item is an interlocal agreement with Ivins City for $25,000 per year for 20 years based upon available resources during the budgeting process. It is anticipated and budgeted out of RAP tax funds for the next 10 years at which time, the Council will determine where to get the funds to fund the remaining years. He explained that the RAP tax is generated by sales tax, most of which comes from visitors. The City of St. George and Tuacahn generate more sales tax related revenues than any other entity in the County. If they cannot expand and put on their productions, RAP tax funds will be reduced. St. George City Council Minutes November 19, 2015 Page Seven Mayor Pike added that Tuacahn is a significant economic impact to the City, County and State in the amount of approximately $80 million per year. MOTION: A motion was made by Councilmember Almquist to approve the resolution between the City of St. George and Ivins City for the Interlocal Agreement to pledge certain funds to the Tuacahn Center for the Arts. 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 The vote was unanimous and the motion carried. Mayor Pike again mentioned that item 3E will not be heard tonight. PUBLIC HEARING/ANNEXATION/ORDINANCE: Public hearing to consider a request to annex 3.614 acres located at approximately 1060 West Shady Springs Drive into the City municipal boundaries. HETTSA Group, LLC, applicant. City Manager Gary Esplin stated this request is to annex 3.614 acres located along the west end of Indian Hills Drive. Staff has not received any opposition to the annexation. Mayor Pike opened the public hearing. There being no public comment, he closed the public hearing. MOTION: A motion was made by Councilmember Hughes to approve the annexation of 3.614 acres into the City boundaries; property is located at approximately 1060 West Shady Springs Drive. 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 The vote was unanimous and the motion carried. PUBLIC HEARING/ZONE CHANGE/ORDINANCE: Public hearing to consider a zone change from R-1-10 to C-3 on 2.54 acres generally located between Black Ridge Drive and Bluff Street. Jennings Investment, applicant. St. George City Council Minutes November 19, 2015 Page Eight Planning and Zoning Manager John Willis presented the request for a zone change for property generally located between Black Ridge Drive and Bluff Street. He showed maps of the property, a zoning map, a general plan map and photos of the area. Planning Commission recommended approval. Mayor Pike opened the public hearing. There being no public comment, he closed the public hearing. MOTION: A motion was made by Councilmember Bowcutt to approve the zone change from R-1-10 to C-3 on 2.54 acres generally located between Black Ridge Drive and Bluff Street. 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 The vote was unanimous and the motion carried. PUBLIC HEARING/AMEND PD ZONE/ORDINANCE: Public hearing to consider amending the PD zone for a proposed site plan and to add the use of a skilled nursing facility to the previously approved list of uses for property located at approximately 2000 East Riverside Drive. MWE St. George Medical Properties, applicant. Planner Ray Snyder presented the request for a PD zone amendment for property located at approximately 2000 East Riverside Drive. They plan to develop a skilled nursing facility on the property. He showed an aerial map of the area, a zoning map, a general plan map and a close-up map of the property. The property is comprised of five separate parcels. He then showed a record of survey, an aerial view of the proposed project, height plans, elevations and the design and materials board. The purpose of this amendment is to add the use of a skilled nursing facility to the previously approved list of uses. The facility be approximately 47,000 sq. ft. and will have the capacity to house 100 patients. Bruce Haywood, applicant, stated the purpose of the facility is to provide short term rehab for patients after surgery or injury. Their facility is a sub acute facility with little traffic. The average length of stay for patients is 20-30 days. They rarely have emergency vehicles at the facility. Mayor Pike opened the public hearing. There being no public comment, he closed the public hearing. MOTION: A motion was made by Councilmember Almquist to approve the zone change and recommend the ordinance to amend the PD-C zone for the project at approximately 2000 East Riverside Drive, adding the skilled nursing facility for MWE St. George Medical Properties including the site plan. St. George City Council Minutes November 19, 2015 Page Nine 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 The vote was unanimous and the motion carried. PUBLIC HEARING/GENERAL PLAN AMENDMENT/ORDINANCE: Public hearing to consider amending the General Plan from OS to LDR, MDR and HDR on approximately 22.33 acres located at the Bloomington Golf Course, Country Club and off Bloomington Drive and generally west of the Virgin River. Darcy Stewart, applicant. Planning and Zoning Manager John Willis presented the request for a general plan amendment for property located at the Bloomington Golf Course, Country Club and off Bloomington Drive and generally west of the Virgin River. The proposal is to modify the land use. He showed a zoning map, a general plan map, the proposed plan, a legend, maps of the parcels and a radius for letters sent. If the request is approved, the applicant will have to return with a zone change application. City Attorney Shawn Guzman stated that he spoke to several residents at the Planning Commission meeting. There were some questions regarding the master plan that was originally approved by the County. The documents in the City’s possession state the only obligation the City had during the annexation process was to maintain the roadway and infrastructures (utilities). Further, the documents note that there were already some developments in the area that may not have been in harmony with City ordinances. Undeveloped land came in as open space; it would be developed in accordance with City ordinances at the time the development is approved. There are no master plan requirements. If there were with the County, they did not extend to the City when the area was annexed. City Manager Gary Esplin explained this area was annexed due to the bankruptcy of the developer. Approximately 50% of the residents asked to be annexed into the City. There were discussions regarding the condition of the roads and who will run the facilities. The zoning was only for the developed properties that were already subdivided. Some of the property in Bloomington Hills was not developed yet; they were required develop according to current City codes. Mr. Willis mentioned that the Planning Commission recommended approval. Mayor Pike noted this is a general plan amendment. Zoning specifics will not be discussed at this time. If approved, the applicant will design and return for a zone change. Darcy Stewart, applicant, explained about 2-3 years ago, a member of the board of trustees for the Bloomington Country Club asked him to consider buying the golf course. He was not interested at that time due to the cost. About a year ago, the St. George City Council Minutes November 19, 2015 Page Ten board asked him to help; at which time they asked the City to take over the golf course. The benefit to the City is hard to measure; however, the golf courses are important to the development of the City. He had no interest until he was told that as of July, they were out of money – they were going to close the doors. They started having meetings with the residents who were very supportive. In good faith, they began taking over the golf course. He explained that when developing a golf course, they do so because they can get premiums for those who purchase lots on the course. In this case, there is very little development that can take place. They looked at how they can generate income from the asset that would help offset the cost of the renovation, which is approximately $6 - $8 million. They found several delinquent maintenance issues that should have taken care of a while ago. First, they need to come up with assets to renovate the facility. Then they need to find a way to put the course and the facility on solid financial ground moving forward. The proposal is one that gives them an envelope to work within. They do not plan on developing 22 units to the acre. It is important to know that this will be done as a PUD. The homes and condos will be expected to help pay for the maintenance of the facility. The first phase, they will renovate the current facility; the second will have a state of the art fitness facility with a possible ballroom on the second floor. They do not intend to make firm plans until they get approval from the City. The idea of losing this course compelled them to figure this out. When completed, it will be a first class facility. Mayor Pike opened the public hearing. If opinions are the same, he asked that comments be kept to a minimum. Richard Kohler, resident, distributed written remarks and mentioned that he is president of the Washington County Historical Society. The covenants that came with his condo consisted of 154 pages. Those covenants give him the right to open space where the golf course is. Regarding the annexation, he received copies of the annexation documents. According to those documents, the CCR’s say that in the Bloomington subdivisions, there are certain restrictive covenants that were recorded and do effect the use of the property. These will be unchanged by virtue of annexation. He believes that all of the owners in Bloomington have a right to the view corridors. If approved, this proposal will change the open space to building mass. The applicant is asking the City to allow for a non-profit to become a for-profit golf course entity without reviewing the contract between the parties and the governing documents of the golf course. Additionally, the applicant is asking the open space be vacated without reviewing the private covenants. He told City Attorney Shawn Guzman that the Utah State University archives have a copy of the master plan documents - they should be found and examined. The applicant wants to replace open space without reviewing prototypes. In this case, the information has not been provided. Further, the applicant has not provided information regarding probable fiscal impacts on City services or taxation for the residents or the City as a whole. Nor have they provided negative impacts on the environment. Loss of private views will reduce property values. There will also be a loss of views of the Virgin River corridor, loss of privacy and the loss of existing mature vegetation. If approved, the applicant will save the golf course with the profits of developing the residential units; however, there is no document outlining any obligation of the applicant to do anything. He stated that he does not object to Mr. Stewart’s plan for the club house and mentioned that Mr. Stewart’s partner is good at saving golf courses. St. George City Council Minutes November 19, 2015 Page Eleven When other golf courses were saved, the developers did not request additional development. The Council has not seen documents including the Bloomington Master Plan, Bloomington CCR’s, Bloomington Country Club CCR’s, minutes from City meetings when Bloomington Country Club asked for similar things or when the Bloomington Annexation was discussed. The applicant threatened to sell the course if the amendment is not approved. In fact, they have received an offer from a developer in Colorado. He believes the Council should be stopping this as it is the wrong thing to do. Gail Maxwell, resident and member of Bloomington Community Council stated that they have dedicated their time and energy keeping the Bloomington area looking nice. He is concerned with Mr. Kohler’s comments regarding promises made through covenants, if this does not get approved, the beautiful course will become weeds and dead grass until development occurs. He moved to the area because there was a beautiful course and club house. What attracted most residents to the area will be gone. He hopes the Council supports Mr. Stewart. If the course closes, it will affect property values and lives. Farrell Peterson, resident, stated that he spoke with a lot of the club members who are excited with what is happening. The course looks good and has new life. He is in favor of the proposal and urged the Council to approve the request. Change has to take place; this is a change to look forward to. Alan McKee, resident, explained that he was on the Board of Trustees when Bill Daley resigned at which time he assumed role of president. The board did everything possible to keep the course running, making some tough decisions. One of which was for the staff to take a 10% reduction in pay. At the end of fiscal year 2016, they would have seen a loss of $255,000 before depreciation, $487,000 after. At that time, they met with Mayor Pike and City Manager Gary Esplin – they were not interested in the course. A membership meeting was called for, 70% voted to remain open and continue the social experience. They then approached SunRiver, who presented a business plan that the trustees voted on. Every decision made, the vote was unanimous. If the Bloomington Country Club continued to operate as they were, the ponds would be dried up, grass would be brown and buildings would be vacant. Currently, they do not have any delinquent taxes and all of their bills are up to date. They have $28,000 remaining. He encouraged the Council to approve the request. Not one member has made a negative comment on the direction the course is taking. Steve Whitlock, resident, stated that he will be impacted greatly; however, they are not trying to remove the entire 200 acres of open space. The loss of sight lines will occur only behind his home. He is aware that there are legal issues that will have to be addressed as well as traffic issues. The alternative is too hard to contemplate; this plan is the best he has seen. Wendy Johnston, resident, mentioned that she was present at the Planning Commission and City Council meetings last spring when the request was to change the zoning along Bloomington Drive. At that time, one of the Councilmembers was concerned with having only sixteen homes there. She is concerned with high density and asked that they lower it. St. George City Council Minutes November 19, 2015 Page Twelve Clark Liam, resident, explained that they bought their home at the north end of section M, a high density area. When they found out there may be development, he was concerned. If there is high density and 3-story buildings, it will look like a big city. Mr. Blair met with him and showed him plans and discussed landscaping. He believes that if the residents can see additional plans, it would be appreciated. Cecil Wall, resident, stated that nothing will be done if it is not economically feasible. He commented that what is happening currently is amazing and recommended the plan be approved. Dana Tisher, resident, commented that they were members of the Country Club for six years. She suggests the current members welcome new members as they are not very friendly. Mayor Pike closed the public hearing. City Attorney Shawn Guzman emphasized that the annexation does not affect CCR’s. Ownership is examined and whether it meets state statute. In 1982, the original agreement says that CCR’s will remain in place. Unless the CCR’s violate law, they remain in place. The CCR’s may create a private right of action; however, the City is not party to them. The City has no way to force the current owners to operate the facility as a golf course. The annexation agreement states that it is subject to the City Council approval and not be able to predetermine the outcome. City Manager Gary Esplin clarified that when the annexation took place, the City said, under no condition, will it be a party to an HOA enforcing the covenants that are outside the City zoning ordinance. That is the responsibility of the HOA. This is a similar situation to what took place in 1982 - they requested to annex into the City. The City agreed that the existing rights would remain and they would be allowed to continue as they were operating. This is a general plan amendment. The Council has to determine if the uses make sense to the overall development of Bloomington. He commented that everyone has the right to request a general plan amendment and golf courses across the United States are in trouble. Mr. Kohler asked to be heard again to address minutes from 2004 as he believes it contradicts what the City Manager has said. City Manager Gary Esplin stated that the minutes do not include everything that was said. He is stating his feelings as of today. Mayor Pike stated that the public hearing is closed. At this point, he does not feel it is material. He explained that City Manager Gary Esplin does not vote. Councilmember Hughes commented that the Council needs to make a decision on what is taking place now, not what happened in the past. Councilmember Bowcutt stated that he firmly believes the Council and most citizens continue to want this community be a great place to live. St. George City Council Minutes November 19, 2015 Page Thirteen MOTION: A motion was made by Councilmember Randall to amend the general plan from OS to LDR, MDR and HDR on approximately 22.33 acres located at the Bloomington Golf Course, Country Club and off Bloomington Drive and generally west of the Virgin River. 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 The vote was unanimous and the motion carried. PUBLIC HEARING/STREET VACATION/ORDINANCE: Public hearing to consider vacating a portion of 200 South between 200 East Street and 300 East Street and all of 200 South between 300 East Street and 400 East Street. Washington County School District, City of St. George, applicants. Assistant Public Works Director Wes Jenkins presented the request to vacate a portion of 200 South between 200 East Street and 300 East Street. He outlined the portion to be vacated as well as an aerial map of the area. City Manager Gary Esplin explained that it is important to note that there is no intention of closing the road. This request abandons the right-of-way so Worthen Park can be master planned, tying it into the SunBowl and the school. City Attorney Shawn Guzman advised that the road will be abandoned to the City; the School District will purchase the small portion as part of the property purchase. Mayor Pike opened the public hearing. John Miles, resident, presented a written letter. He sees advantages of vacating the road as there have been issues; however, he is opposed because the street in front of his property will be narrowed. He wants the money that the City receives from the sale of the road as his property value will decrease. If the City takes his property without just compensation and the road is not reverted back to the original size, he will sue the City. Gayla Brann, resident, asked why 200 South is being closed. City Manager Gary Esplin explained that it is not being closed; but it is being narrowed to slow down the traffic because children will be present. 400 East will still be accessible. The school has asked to limit access. Ms. Brann commented that there will be a negative impact if it were closed. St. George City Council Minutes November 19, 2015 Page Fourteen Richard Cox, resident, asked if there is an intention to relocate the power lines along 200 South. He mentioned that they have a power line in the middle of their yard. City Manager Gary Esplin stated that staff can look into that. Mona West, resident, stated that she is concerned with emergency services. Mayor Pike reiterated that the road is not being closed therefore; this will not be a significant impact. City Manager Gary Esplin stated that some of the roads were abandoned at Dixie State University. He explained that a 25-foot road is required for emergency services. Nothing in front of Mr. Miles’ property is being abandoned. The abandonment is the extra right of way outside of the curb. There is more than adequate right of way there. The money from the sale of the road will go to City to relocate the horseshoe pits and improvements. City Attorney Shawn Guzman explained that most of the property being abandoned is already being used for the park. City Manager Gary Esplin commented that he believes this will be a good thing as it will slow drivers down. A discussion took place regarding the noticing of this request after Ms. West believed there was not enough public notice. Mayor Pike closed the public hearing. MOTION: A motion was made by Councilmember Hughes to approve the street vacation of 200 South between 200 East Street and 300 East Street. 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 The vote was unanimous and the motion carried. Mayor Pike called for a short recess. CLASS C ALCOHOL LICENSE AND LOCAL CONSENT: Consider approval of Class C Alcohol License and Local Consent for the Holiday Inn restaurant (Burger Theory) located at 1808 South Crosby Way. James Burgess, applicant. City Manager Gary Esplin explained this request is for the Burger Theory restaurant in the new Holiday Inn near the Dixie Center. St. George City Council Minutes November 19, 2015 Page Fifteen MOTION: A motion was made by Councilmember Hughes to approve the Class C beer license and local consent and local consent for the Holiday Inn restaurant Burger Theory. 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 The vote was unanimous and the motion carried. PUBLIC HEARING/BUDGET AMENDMENTS/RESOLUTION: Public hearing to consider amendments to the Fiscal Year 2015-16 Budget. City Manager Gary Esplin outlined the proposed amendments to the 2015-16 Fiscal Year budget as follows: 1) to increase the funding for a new fire truck from $800,000 approved in the budget for a pumper, to $1,100,000 to upgrade to a pumper/ladder combination truck (quint); 2) to re-budget for three federal Justice Assistance Grants awarded but not yet expended for 2013, 2014, and 2015 for $13,869; $14,048; and $18,626 respectively to be applied towards body-worn cameras, computers, and an ATV; 3) to budget for the Heads Up Thumbs Up grant (for a third year) from the State of Utah which includes overtime distracted driving enforcement; 4) to budget for funds to cover the car wash area at the airport to come into compliance with State and City storm water control requirements; 5) to budget for the purchase of a farm tractor and implements for the Historic Seegmiller Farm Park to be funded by proceeds from the sale of substation property to Dixie Power that were receipted into the Park Impact Fund; 6) to budget for sponsorship of the George Streetfest for July through October 2015 at $2,000 per month and November 2015 through June 2016 at $2,300 per month; 7) to carryover the unused portion of the Fiscal Year 2014-15 budget for the Heads Up Thumbs Up grant from the state of Utah which includes overtime for distracted driving enforcement; 8) to budget for purchase of a replacement canine and related costs (shipping, kennel, etc.) for the Drug Task Force for $10,000 and to transfer $15,000 to Washington City Police for equipment purchases from available money seized from drug dealers; 9) to carryforward unexpended funds from the prior year to complete the multi-year project and include paving the parking lot at the Hela Seegmiller Farm Park; 10) to increase the budget from $230,550 to $249,200 for the Middleton Wash Trail Repairs to fully fund the construction bid award, construction management costs, and other permit fees; 11) to budget for the bond issuance, improvement projects to be funded by the bond proceeds, debt service, annual contribution to Tuacahn, and other related costs for the RAP Tax fund; 12) to carryforward approved yet unexpended funds from the prior year to complete the multi-year project; 13) to budget for the sale of the Elks Baseball field property to the School District and create a budget for engineering and construction costs for the replacement field at Bloomington park; and 14) to budget for the Energy Efficiency study/contract with McKinstry and the Energy Efficiency improvement projects for City-owned facilities; and approve the St. George City Council Minutes November 19, 2015 Page Sixteen related interfund loan agreement. He explained that regarding the McKinstry, it will include an inter-fund loan from E.S. to the General Fund to pay for the cost of the improvements. Mayor Pike opened the public hearing. There being no public comment, he closed the public hearing. MOTION: A motion was made by Councilmember Almquist to approve the amendments to fiscal year 2015-16 budget as submitted including the inter-fund loan for the McKinstry energy efficient improvement project. 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 The vote was unanimous and the motion carried. AMEND TITLE 9, CHAPTER 14 OF CITY CODE/ORDINANCE: Consider approval of an ordinance amending Title 9, Chapter 14 of City Code pertaining to Stormwater Management. City Manager Gary Esplin explained that the City receives a permit from the State for stormwater to be discharged. The proposed ordinance amendment beefs up the requirement that the City has to take on as well as the developers to see that the stormwater runoff is managed correctly. Staff has been meeting with State officials and has been making the recommended changes. City Engineer Jay Sandberg explained that the EPA gives the State a permit who in turn gives the City a permit. Maintenance agreements will have to be signed. The developer is required to take care of the storm runoff until the development is complete. If approved, the appendix will not be approved as the Legal Department asked for it to be removed. City Attorney Shawn Guzman advised that if the ordinance refers to an appendix, it should be approved at the same time. He asked if he knows what changes he wanted to make. Mr. Sandberg explained that the ordinance references an agreement between the City and the developers. Deputy City Attorney Paula Houston suggested they change the agreement; it is not referenced as an appendix. If a detention basin is public, the City takes it over. If private or as part of the entity, it is inspected once a year, sending a notice to the City that it has been done. City Manager Gary Esplin suggested looking to see if the City should take over the detention basin as he does not want staff to regulate the developer. If they want to maintain the basin, they should be required to have an HOA. St. George City Council Minutes November 19, 2015 Page Seventeen MOTION: A motion was made by Councilmember Hughes to amend Title 9, Chapter 14 of City Code pertaining to Stormwater Management, excluding the appendix. 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 The vote was unanimous and the motion carried. FUNDING FROM THE FEDERAL TRANSIT ADMINISTRATION/RESOLUTION: Consider approval of a resolution authorizing the filing applications for funding requests and acceptance of funding from the Federal Transit Administration. Public Works Director Cameron Cutler advised these next two are housekeeping items. He explained that Title Six is a report that comes out and needs to be approved. City Manager Gary Esplin explained that the Council has to authorize staff to apply for the federal funds. MOTION: A motion was made by Councilmember Hughes to approve the resolution authorizing the filing of applications with the FTA. 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 The vote was unanimous and the motion carried. SUNTRAN TITLE SIX REPORT/RESOLUTION: Consider approval of a resolution approving the SunTran Title Six Report. MOTION: A motion was made by Councilmember Hughes to approve the resolution approving the SunTran Title Six Report. 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 The vote was unanimous and the motion carried. St. George City Council Minutes November 19, 2015 Page Eighteen SET PUBLIC HEARINGS: Planner Ray Snyder advised at its meetings held on October 27, 2015 and November 10, 2015, the Planning Commission recommended setting public hearings on December 3, 2015 to consider: 1) a zone change amendment request to construct a short term rental project, Magnolia Hills at Green Valley with fourteen (14) building and forty-six (46) units on 7.49 acres in the PD-R zoning district located off Plantations Drive between World Mark by Wyndam, Green Valley Spa and Las Palmas; 2) a zone change request to change 0.80 acres from R-1-10 to C-2 to accommodate the future development of an auto service shop and car sales lot, Auto Gallery, located west of the existing Auto Gallery at the corner of 700 South and 1100 East Street; 3) a zone change from R-4 to PD-SH on 1.6 acres to accommodate a fifty-six (56) unit, two hundred sixty-five (265) bed student housing project, Vintage at Tabernacle, located at approximately 850 East Tabernacle; 4) a zone change amendment to expand the IHC Medical Campus by the construction of three (3) new buildings, remodeling portions of the existing building, adding a new two-story concourse, adding additional parking, landscaping, providing a temporary one-story building and by the creation of a “Livewell Park” located on River Road; 5) the “use” addition of an Art Studio/Gallery to the Baron Commercial Center, approved in a PD-MNF zone use list; property is located at 620 North 1100 East Street; 6) amendments to the following chapters and sections in Title 10 zoning regulations regarding accessory buildings; and 7) a General Plan amendment to change the land use designation from RESORT, TC, MDR, HDR, and LDR to COM on approximately 187 acres located at the former St. George Municipal Airport at approximately 500 West and from 300 South to 1600 South. The request pertaining to Kachina Springs was withdrawn by the applicant. MOTION: A motion was made by Councilmember Bowcutt to set the public hearings on December 3, 2015. 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 The vote was unanimous and the motion carried. A discussion took place regarding setting some of the public hearings be postponed to December 17, 2015 at staff’s discretion. FINAL PLAT: Assistant Public Works Director Wes Jenkins presented the final plat for Escapes at the Ledges Phase 3, a 29-lot residential unit located at approximately 1720 West and 5000 North; zoning is PD-R. He showed the final plat. MOTION: A motion was made by Councilmember Almquist to approve the final plat for Escapes at the Ledges Phase 3. St. George City Council Minutes November 19, 2015 Page Nineteen 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 The vote was unanimous and the motion carried. FINAL PLAT: Assistant Public Works Director Wes Jenkins presented the final plat for The Ledges of St. George White Rocks Phase 3, a 7-lot residential subdivision located at approximately 1550 West and 4840 North; zoning is PD-R. He showed the final plat. MOTION: A motion was made by Councilmember Bowcutt to approve the final flat for The Ledges of St. George White Rocks Phase 3. 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 The vote was unanimous and the motion carried. FINAL PLAT: Assistant Public Works Director Wes Jenkins presented the final plat for Hawthorne Estates Phase 3, a 14-lot residential subdivision located at approximately 3060 East and 3450 South; zoning is R-1-10. He showed the final plat. MOTION: A motion was made by Councilmember Randall to approve the final plat for Hawthorne Estates Phase 3. 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 The vote was unanimous and the motion carried. FINAL PLAT: Assistant Public Works Director Wes Jenkins presented the final plat for SunRiver at St. George Phase 47, a 20-lot residential subdivision located at approximately 1290 East 5080 South; zoning is PD-R. He showed the final plat. City Manager Gary Esplin commented that he is concerned with water. The developer was informed they could not have any additional subdivisions - this is an existing subdivision. St. George City Council Minutes November 19, 2015 Page Twenty MOTION: A motion was made by Councilmember Hughes to approve the final plat for SunRiver at St. George Phase 47. 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 The vote was unanimous and the motion carried. FINAL PLAT AMENDMENT: Assistant Public Works Director Wes Jenkins presented the final plat amendment for two (2) residential subdivision final plats – Paragon Cove Townhomes at Stonecliff Phase 2 and Paragon Cove Townhomes at Stonecliff Phase 4. The properties are located on View Point Drive (lot 204) and Lepido Way (lot 411); zoning is PD-R. The purpose of the amendment is to merge lot 204 with lot 411. He showed the amendments on the final plat. MOTION: A motion was made by Councilmember Almquist to approve the final plat amendment for Paragon Cove Townhomes at Stonecliff Phase 2 and Paragon Cove Townhomes at Stonecliff Phase 4, lots 204 and 411. 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 The vote was unanimous and the motion carried. FINAL PLAT AMENDMENT: Assistant Public Works Director Wes Jenkins presented the final plat amendment and lot line adjustment to adjust the lot line between Kachina Springs East Phase 3 and the parcel to the north, moving it approximately ten feet (10’) towards the back of the curb. The parcels are located at 2139 West Cougar Rock Circle; zoning is PD-R. He showed the amendments on the final plat. The purpose of the amendment is to deed the property owners back to the owners. The City will maintain the easement. It will not impact the private road. MOTION: A motion was made by Councilmember Almquist to approve the final plat amendment and lot line adjustment between Kachina Springs East Phase 3 and the parcel to the north. SECOND: The motion was seconded by Councilmember Randall. VOTE: Mayor Pike called for a vote, as follows: Councilmember Almquist – aye Councilmember Hughes – aye St. George City Council Minutes November 19, 2015 Page Twenty-one Councilmember Randall – aye Councilmember Bowcutt - aye The vote was unanimous and the motion carried. LICENSE AGREEMENT: Consider approval of a license agreement with ForeUP for a new point of sale system for the City golf courses. City Manager Gary Esplin explained this agreement is for a new point of sale system at the golf courses. This system will help set tee times after hours or if staff ...

...t the lower rates. City Manager Esplin indicated everything but the golf course debt has been refinanced. The golf course debt refinancing would result in approximately $15,000 annual savings on a $4 million note. The short-term interest rates are good, but long-term rates are not as low. The group discussed the golf course debt, the payment and note amounts as well as when the notes would be paid in full. City Manager Esplin reviewed the enterprise funds. The Water Department has a $42 million dollar budget; revenues are primarily from $30million in bond proceeds. The capital improvement projects are new wells, a regional pipeline from the Sand Hollow Reservoir, and a pipeline in the Snow Canyon well field to handle the additional wells that have been developed in the last couple of years. Also planned is the development of the Tolman wells and additional storage tanks. Council Member Whatcott asked about the status of the regional Sand Hollow pipeline as far as support from the other communities. City Manager Esplin explained the City of Ivins is committed to the project; he is not sure how strong the commitment is from Santa Clara City, as they haven't come up with any funds. The project is scheduled to be under construction this winter. Council Member Gardner commented the arsenic regulations are taking a different flavor, he doesn't think the nation understands the impact of this ruling. He indicated the Tolman wells have almost no arsenic. City Manager Esplin explained the staff has estimated the cost to treat the water for arsenic is .65 per 1000 gallons using current technology. He explained the request for an additional person in the Water Department. The position is for an engineer as suggested in the strategic plan done by RW Beck and the Water and Power Department staff. Superintendent Kell has done a good job and has worked well with rest of departments. The new engineer position would assist in planning and will work with Superintends Kell and Childers. Council Member Gardner commented that one thing that came to light with the Kemp Study is that on Phillip Solomon's level, there is a need some more help. City Manger Esplin commented that especially as the City goes forward with managing water additional staff might be needed. He explained the Waste Water Department is also requesting an additional position for a new operator. This is primarily a result of taking over maintenance of private systems in Planned Development Communities. Council Member Allen asked what cost there is for these systems. City Manager Esplin indicated it is about $30,000. He also explained there is a lot of employee turn over in that department, the operators go to other departments within the City because of the market and the way it is set up. The Waste Water employees are at the lower end of the pay scale. The group discussed when wages are reviewed and data collected from other cities. The market adjustments were discussed as was the timing of pay raises and benefits packages. City Manager Esplin indicated the health insurance premiums have been put out to bid and there will be 14.68% increase for this year. He is suggesting the City pick up 10% and employees pick up 4.68% of the increase. He also explained that over all utilization of health insurance is low, about 75% to 79% and there is still an increase. He is not sure what can be done; the national scene says it will be jumping in double digits for the next few years. City Manager Esplin reviewed the Power Department budget. The department has asked for 2 new people, a Computer System Administrator (CSA) and a Resource Coordinator. These 2 positions are recommended in the strategic plan. He is not recommending hiring them currently. He discussed the changes in Power Generation Superintendent position. The position has been advertised as an Operations Engineer. Regarding the CSA, a City wide analysis is being done. Mark Mortensen has been asked to review this situation. The group discussed the problems with decentralization of the computer system administration responsibilities as well as striving for uniformity with regard to software. Council Member Allen asked if there a possibility the police department will be on the same system as the rest of the City. City Manager Esplin explained that the nature of the police department system and how the department has to handle reporting prohibits it. He explained there has been discussion as to whether the patrolman that maintains the system should be a patrolman or a computer person. The group discussed the financial reporting with regard to the power department. It was noted the purchases from UAMPS is significant, particularly at this time of year. It was discussed that when the monthly financials are prepared Phil Peterson has to estimate the UAMPS bill because it does not arrive until the third week of the following month. City Manger Esplin indicated the Power Department is trying to sell what any power purchased on long term contracts that are more than what is needed to meet demand. Council Member Orton commented the demand and resources should be reviewed and projections made monthly. He asked if the council is in a position to change rates quickly. City Manger Esplin explained that hopefully revenues and expenses will level out over the year, he doesn't want to lower the rate in the spring and then raise it again in the summer when the demand is higher and power purchases are required. Council Member Gardner commented that there is a very fine relationship between purchasing and pricing. Raising rates doesn't always solve the problem. He also indicated the effect of the UAMPS billing cycle on the monthly financials has been an ongoing discussion of the Water and Power Board. He indicated it is an issue that the board and the staff have not been able to get on top of. City Manager Esplin reviewed the budget for the golf courses. The department had a great April and a steady May. Long term the golf course strategy is simple, the goal is to try and hold the system together until 2008. After 2008, the bonds will be paid and the golf courses should do better. The estimate is to have about $600,000 - $700,000 extra in the golf fund once the debt is paid. He explained Dave Terry has some ideas about pricing scenarios and trying to maximize funds. For 9 months of year there is ample space on the course. He commented consideration of what the market will bear with pricing has to be taken into account when setting green fees. He indicated it's not really what everyone thinks it is as far as making money in golf business. Council Member Orton commented that the positive effect the golf courses have for economics in community is immeasurable. City Manager Esplin indicated the more golf courses of quality for the winter season the better. But they have to be marketed and Dave Terry is working with other courses to market them better. Council Member Whatcott commented that an article in Salt Lake Tribune newspaper indicated the number of golfers is stable while the number of courses has grown across the country. The marketers say the number of golfers hasn't increased because of prices and there are no public courses being built anymore. City Manger Esplin pointed out that golf courses are part of the economic development. He said Dave Terry has pointed out the golf courses have a significant affect on the economy. He also commented that the Dixie Center is subsidized because of economic impact it has on community and the same could be true for the golf courses. Although he is not suggesting they be subsidized indefinitely, but the impact on community economics has to be considered. He explained a grant of about $17,000 in federal funds has been awarded to teach children how to play golf. City Manager Esplin explained the building authority covers the debt services at Sunbrook Golf Course, the Police Building and the Opera House. He explained the Waste Water Treatment Department is looking at $2.3 million in costs for the first portion of the reuse plant. Currently, the department is trying to figure out what to do with all the water from the wastewater plant. They would like to put in Gunlock mix it and send it down the Santa Clara River. However, there is some question of people's willingness to ski and swim in reuse water. There has to be a place to store some of that water. Putting it in Gunlock will not be a permanent solution as 6 out of 10 year's excess water is spilled over at the Gunlock Reservoir. There is a site out by Ivins and Santa Clara cities. There is not enough capacity in golf course ponds to store the water. The group discussed how water...

...ll voted aye. BID OPENING: Consider award of bids for the purchase of golf carts for the City?s various golf courses. Purchasing Agent Sue Swensen advised four bids were received: EZ Go $102,120; Highland $110,960; Intermountain Golf $94,113; and Intermountain Golf $102,888. She recommended award of the bid to Intermountain Golf in the amount of $102,888, and advised that the bid met all specifications. Golf Manager Dave Terry clarified that Intermountain Golf submitted two bids, and staff is recommending award of the bid for 36 volt golf carts in the amount of $102,888. A motion was made by Councilmember Gardner to award the bid to Intermountain Golf in the amount of $102,888 for 36 volt golf carts. The motion was seconded by Councilmember Whatcott. Mr. Terry further explained that the bid is for purchase of 40 carts, 20 of which will be for the Sunbrook Golf Course, and 20 for Southgate. The amount of the bid is a net amount after trade-in of some of the City?s old carts. Other old carts will be kept by the City and used for maintenance purposes, etc. Mayor McArthur called for a vote, and all voted aye. BID OPENING: Consider award of bid for the City?s annual slurry seal project. Purchasing Agent Sue Swensen advised that four bids were received: California Pavement $116,224; Intermountain Slurry $84,840; Morgan Paving $88,030; and M&M Asphalt Paving $91,144. She recommended award of the bid to the low bidder, Intermountain Slurry, in the amount of $84,840. City Council Minutes September 23, 1999 Page Two A motion was made by Councilmember Gardner to award the bid to Intermountain Slurry in the amount of $84,840. The motion was seconded by Councilmember Allen, and all voted aye. BID OPENING: Consider award of bid for half-ton pick-up trucks for the Water and Power Department. Purchasing Agent Sue Swensen recommended purchase of three half-ton, two-wheel drive pick-up trucks for the Water and Power Department off the State contract with Young Chevrolet in the total amount of $68,543.94 ($22,847.98 each). She advised that local dealers offered the same vehicles at approximately $25,000 each. A motion was made by Councilmember Allen to award the bid as recommended by the Purchasing Agent with Young Chevrolet in the amount of $68,543.94. The motion was seconded by Councilmember Whatcott, and all voted aye. BID OPENING: Consider award of bid for crushing at the City?s Reuse Center. Purchasing Agent Sue Swensen advised that two bids were received: S. G. Nickle $78,000; and B. Wallis Industries $113,000. She recommended award of the bid to the low bidder, S. G. Nickle in the amount of $78,000. She explained that a crushing operation will be set up at the City?s reuse center to crush used asphalt and concrete for use by the City as road base. The bids are based on tonnage, and the crushed material will be stockpiled on site at the reuse center until it is needed. Councilmember Isom arrived. A motion was made by Councilmember Allen to award the bid to S. G. Nickle in the amount of $78,000. The motion was seconded by Councilmember Gardner, and all voted aye. BID OPENING: Consider award of bid for bridge fabrication for the Halfway Wash South Trail. Purchasing Agent Sue Swensen advised four bids were received: Continental Bridge $30,358; Steadfast Bridge $42,814; Excel Bridge $31,602.90; and Halsten $56,038. She recommended award of the bid to the low bidder, Continental Bridge, in the amount of $30,358. A motion was made by Councilmember Whatcott to award the bid to the low bidder, Continental Bridge, in the amount of $30,358. The motion was seconded by Councilmember Gardner, and all voted aye. BID OPENING: Consider award of bid for construction of the new hole at the Southgate Golf Course. City Manager Esplin advised that in order to build a new road through the area, the existing No. 7 green at Southgate Golf Course will have to be demolished, a bridge installed, and a new hole built. Two proposals were received for a design/build concept. He advised the issue is further complicated because the new cemetery is being constructed near this new road, and culinary water will have to be used for the first phase of the cemetery until another structure can be built to provide irrigation water to the new cemetery, the park and new soccer area. It was originally thought a new pond would have to be built for irrigation purposes, but it has been City Council Minutes September 23, 1999 Page Three decided the existing pond could be incorporated to water the cemetery. The funding source is also complicated, as the project includes a new road, the new cemetery, and a new golf hole. He advised the original bid was $462,000, but recommended deleting some components of the bid for a total cost of up to $247,700. This amount would allow the City to build the new hole and pond now, and a change order could be done at a later time for a pump and line for the new cemetery. A motion was made by Councilmember Whatcott to award the bid to Rosenberg/Golf Services Group in an amount up to $247,700. The motion was seconded b...

...pproval of a conditional use permit for various improvements at the Kokomo Golf Course (formerly the Twin Lakes Golf Course) located on Red Hills Parkway. Assistant Planner Ray Snyder explained that the project was previously called Twin Lakes. The applicants propose installing 10' high netting along Red Hills Parkway. One sign has been removed at the City?s request. Two story climate-controlled tee boxes are planned. The applicant proposes to install a netting shoot outside of the tee boxes to prevent golf balls from leaving the driving range. The Planning Commission recommended approval subject to the following conditions: 1. The club house, maintenance building and T-box shall all be in the OS zone. 2. All outdoor lighting shall be dark sky lighting type. 3. Lighting levels shall not exceed a maximum of 30 FC. Lights will have eyebrows to control light spillage. No light shall occur at the horizon of each fixture. 4. Light poles shall only be permitted on the south side of the driving range. Residents to the north will not have a direct view of the lamps. 5. The T box building tees shall be safety netted to 50' above their floor elevations or to an equivalent height as demonstrated to the satisfaction of the City Council by the applicant and golf course designer demonstration that mitigation of any errant golf balls will not travel beyond the safety netting. 6. T box tunnels may be an acceptable form of mitigating errant golf balls. 7. The height of poles and netting in relationship to Red Hills Parkway and the freeway shall not exceed 10' max. 8. The applicant shall submit a revised recommendation letter from the golf course designer to replace the April 26, 2005 letter from Dye Golf Course Designs. 9. The relationship of the poles and netting placement to the electrical power poles shall be approved by the City?s electric department. 10. Street trees are required and their locations shall be approved by the Parks Department. The Parks Department may determine that a landscape plan depicting clustering of trees is acceptable for this site. The applicant must resolve to the satisfaction of the Power and Parks Departments the street tree locations. 11. UDOT requirements shall be met. 12. All signage shall comply with the City sign ordinance. Existing non-conforming signage shall be removed. 13. A total of 138 parking spaces shall be provided per the approved site plan with accompanying data box calculations. Mayor McArthur expressed concern about golf balls leaving the driving range. Council Member Whatcott commented that golfers may not want to use the tee boxes if their shots can?t be elevated. Ryan Christensen replied that he was involved in the development of the driving range portion of the project, and initially planned on putting a 50' barrier at the base of the hill and along the side. Instead he decided to make use of the natural slope barrier and negotiated a 10' height of netting across the top with the electric department staff. He stated he would comply with recommendation of the City with regard to placement of trees. He explained that the netting would be on the golf course side of the power poles, 6' from the sidewalk edge. Netting from the tee boxes providing a gun barrell effect will stop errant golf balls, and the possibility of a golf ball hitting a car is pretty remote and an acceptable risk. A liability insurance policy of a couple of million dollars will be secured. Hoods on the lighting will protect nearby residence from light spillage, and no light from the fixtures will be projected above the horizon. Council Member Gardner commented the applicant should be sure the enclosed tee boxes work before they are built because if they did not and golf balls left the driving range, the conditional use permit would be revoked. Mr. Christensen replied that he will build a model to scale and experiment with how far out the netting needed to be in order to keep the balls on the driving range. City Manager Gary Esplin commented it was critical that any approval be made subject to the satisfaction of the City with the tunnel effect, as it would only take one ball hitting a speeding car to create a tremendous liability. If this were to happen, the applicant would not be able to continue use of the driving range, so the issue must be resolved up front. Mr. Christensen explained that the tunnel net is made of clear polypropylene and is almost invisible in order to prevent a claustrophobic effect. Council Member Allen inquired about the proposed green roof and suggested that the color of the roof be changed to red to blend in with the hillside. Mr. Christensen replied that he would address the issue. MOTION: A motion was made by Council Member Whatcott to approve the conditional use permit subject to the tunnel netting being tested by City Manager Gary Esplin who is an experienced golfer, and subject to the recommendations of the Planning Commission. Mr. Christensen stated that only a single story model would be built. St. George City Council Minutes January 5, 2006 Page Three SECOND: The motion was seconded by Council Member Gardner. City Manager Gary Esplin advised that a tree plan will be brought back for staff review to make sure it meets the Shade Tree Ordinance. Mayor McArthur reminded Mr. Christensen that the conditional use permit would be revoked if errant golf balls went over the safety netting onto Red Hills Parkway. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. PUBLIC HEARING/ZONE CHANGE/ORDINANCE: Public hearing to consider approval of a zone change from A-1 to R-1-10 on 10.81 acres located at 2350 East 2000 South. Dan Steurer, applicant. Community Development Director Bob Nicholson explained that the subject property was bordered by A-1 and R-1-10 properties. The requested zoning conforms with the General Plan. The main issue at the Planning Commission meeting was the A-1 zoning to the south where there are large animal rights and a potential conflict and possibility of complaints. Another issue discussed was the logical extension of 2000 South to make a through-street. The Planning Commission recommended approval. Hillside issues will have to be addressed with the plat. Kelly Schmutz, Bush and Gudgell Engineering, advised that the extension of 2000 South would not allow the southerly lots to be larger than R-1-10. The applicant has been in touch with some of the neighbors and is willing to work with them. Mayor McArthur commented that the applicant would be required to put a notice on the plat that the proposed project is located next to properties with animal rights. He then opened the public hearing. Mike Hamlin, a resident of Wildflower Subdivsion, expressed concern about having roads on three sides of his property and about the speed of vehicles on 2350 East Street. He stated that all residents of Wildflower had horses and want to preserve those rights. He requested that the deeds to property within the proposed subdivision notify the owners that the adjoining Wildflower Subdivision has large animal rights. He stated he would love to see a culdesac on 2350 East with half acre lots, and suggested moving the road up to make the lower lots less shallow and more compatible with the A-1 zone. Council Member Whatcott inquired if the City were not going to connect 2000 East with 2350 East, should the proposed subdivision have animal compatible lots. Community Development Director Bob Nicholson replied that not enough design work had been done to know if the road could be connected or not. Mr. Hamlin commented that the neighbors don?t have a lot of concern with the zoning, other than the potential for conflict if the notice concerning animal rights is not written into the deeds. The new subdivision owners will be living closer to the large animals than the owners of the animals. Gina Hamlin advised that she spoke with her neighbors prior to attending this meeting, and their concern is also the conflict with large animals. She suggested construction of a block wall separating the two projects to protect small children from coming into contact with the large animals. Dan Steurer, applicant, advised that he was willing to construct a block wall between the projects. Council Member Whatcott commented that if the City did not yet know whether 2000 South could be connected to 2350 East, it might be premature to change the zone of the property. City Manager Gary Esplin advised that the applicant could not proceed to the preliminary plat stage without the zone change. Council Member Whatcott commented that while he was not opposed to the plan, it would be easier to design the project if it was determined whether or not the road would be connected. Kelly Schmutz advised that it was his understanding that 2350 East would be turned into a culdesac. The applicant?s plan is to culdesac 2000 South into his project and is not suggesting connectivity of 2000 South. There being no further public comment, Mayor McArthur closed the public hearing. MOTION: A motion was made by Council Member Gardner to approve the zone change by ordinance subject to the construction of a block wall between the proposed project and the Wildflower Subdivision and placement of a note on the plat notifying purchasers of property within the subdivision that they will be locating adjacent to large animal lots. SECOND: The motion was seconded by Council Member Bunker. VOTE: Mayor McArthur called for a roll call vote, as follows: Council Member Gardner - aye Council Member Bunker - aye Council Member Allen - aye Council Member Whatcott - aye St. George City Council Minutes January 5, 2006 Page three The vote was unanimous and the motion carried. Mayor McArthur invited several Scouts in the audience to introduce themselves. PUBLIC HEARING/ZONE CHANGE/ORDINANCE: Public hearing to consider approval of a zone change from R-3 and RE-37.5 to OS on 7.4 acres, and from C-3 to R-3 on 1.95 acres to clean up the zoning in the Twin Lakes Resort Subdivision and golf course area located at Red Hills Parkway and Twin Lakes Road. Jim Has...

...oximately 16.78 acres located along Tonaquint Drive north of the Southgate Golf Course from R-3 to PD-R for phase 2 and amending the existing PD-R for phase 3 of The Joshuas and to allow for short term rentals.   MOTION:      A motion was made by Councilmember Bowcutt to set the public hearings for June 2, 2016.             SECOND:        The motion was seconded by Councilmember Baca.             VOTE:             Mayor Pike called for a vote, as follows:                                Councilmember Hughes – aye Councilmember Randall - aye Councilmember Bowcutt – aye Councilmember Arial – aye Councilmember Baca – aye                              The vote was unanimous and the motion carried.   CONDITIONAL USE PERMIT: Consider approval conditional use permit to operate a taxidermy business in a C-3 zone located at 1812 West Sunset Boulevard.  Judson Tolman, applicant.   Planner Ray Snyder presented the request for a conditional use permit to operate a taxidermy business in a C-3 zone located at 1812 West Sunset Boulevard.  He presented a PowerPoint presentation covering the following: summary of request; findings from Planning Commission; applicant’s narrative; vicinity map; zoning map; and photos of the applicant’s work.  Planning Commission recommends approval with findings and the following conditions:             1.    No tanning of animal hides shall occur on site. 2.    There shall be no removal, treatment, or processing of any flesh or fat on site. 3.    Any un-tanned hides received shall only be for shipping purposes. 4.    No disposal on commercial site of any remnants; any disposal of skin shall be taken to the landfill by the applicant. 5.    No live animals on site.    MOTION:      A motion was made by Councilmember Randall to approve the conditional use permit for the taxidermy business in a C-3 zone with the recommendations of the Planning Commission.             SECOND:        The motion was seconded by Councilmember Hughes.             VOTE:             Mayor Pike called for a vote, as follows:                                Councilmember Hughes – aye Councilmember Randall - aye Councilmember Bowcutt – aye     St. George City Council Meeting Minutes May 19, 2016 Page Three   Councilmember Arial – aye Councilmember Baca – aye                              The vote was unanimous and the motion carried.   COMMUNITY DEVELOPMENT BLOCK GRANT RECOMMENDATIONS:             Consider approval of the Community Development Block Grant funding recommendations for Fiscal Year 2016-2017.               Housing & Economic Development Director Matt Loo advised seven applicants were received; a cap of 15% to be used to provide services in this category.    Mr. Loo and City Manager Gary Esplin outlined the recipients of the grant funding as follows:    DOVE Center – Library                  $ 5,000 DOVE Center – Vouchers               $ 5,000 United Way Dixie                          $50,000 Big Brothers Big Sisters of Utah      $10,000 The Learning Center for Families     $10,000 Family Support Center                  $15,000 CDBG Program Administration        $95,000   Mr. Loo noted that the 7th applicant was not eligible because the project services residents outside of the City and does not specifically target those with low to moderate income.  The total amount of the funding for fiscal year 2016-17 is $506,489 with the 15% cap being $75,973; the rest coming from excess funds for prior years.   MOTION:      A motion was made by Councilmember Arial to accept the list of six projects within the CDBG HUD guidelines for the City Council’s initial approval.             SECOND:        The motion was seconded by Councilmember Bowcutt.             VOTE:             Mayor Pike called for a vote, as follows:                                Councilmember Hughes – aye Councilmember Randall - aye Councilmember Bowcutt – aye Councilmember Arial – aye Councilmember Baca – aye                              The vote was unanimous and the motion carried.   PUBLIC HEARING/STREET VACATION/ORDINANCE: Public hearing to consider vacating a portion of 250 North Street between Main Street and 100 East Street.  Matt Glendenning, applicant.   Assistant Public Works Director Wes Jenkins presented the request to vacate a portion of 250 South Street between Main Street and 100 East Street.  He     St. George City Council Meeting Minutes May 19, 2016 Page Four   showed an aerial map pointing out the proposed vacation and explained that the purpose for vacating the road is to allow the setback to be more in line with the others.     City Manager Gary Esplin added if approved, it is recommended to sell the frontage to the adjacent property.   Mayor Pike opened the public hearing.    Resident Jeremy Eckman stated that he lives across the street and asked what was happening.  He is concerned that the road will be tore up.   City Manager Gary Esplin explained that no roads will be tore up.   He will simply get a new neighbor.   Mayor Pike closed the public hearing.   MOTION:      A motion was made by Councilmember Baca to approve the request to vacate a portion of 250 North Street between Main Street and 100 South Street.             SECOND:        The motion was seconded by Councilmember Hughes.             VOTE:             Mayor Pike called for a roll call vote, as follows:                                Councilmember Hughes – aye Councilmember Randall - aye Councilmember Bowcutt – aye Councilmember Arial – aye Councilmember Baca – aye                              The vote was unanimous and the motion carried.   PUBLIC HEARING/AMEND ENTRADA PD-R/ORDINANCE: Public hearing to consider amending the Entrada Planned Development Residential zone by approving seventy-eight (78) short term rentals for the Inn of Entrada and Shinava Ridge.  Bruce Jenkins, applicant.   Planning & Zoning Manager John Willis presented the request to amend the Entrada PD-R zone.  He presented a PowerPoint presentation covering the following topics: summary of the request; aerial map of the area; general plan map; official amended & extension Entrada PD plan; example and definition of a lockout unit.  Planning Commission recommended approval.   Applicant Dimon McFerson explained the history of the project.  Last year, they rented approximately 10,000 room night; they have a full time on-site manager and employ 10-12 employees.  Not all residents are a part of the short term rentals.  For the last 10 years, they have been issued building   St. George City Council Meeting Minutes May 19, 2016 Page Five   permits and business licenses.  They would like to continue offering short term rentals.  There is no opposition from the Golf Club or HOA.    Mayor Pike opened the public hearing.   Councilmember Baca mentioned that the request meets amenity and parking requirements.   Mayor Pike closed the public hearing.   MOTION:      A motion was made by Councilmember Arial to approve the zone change amendment for The Inn at Entrada PD, lots 1 – 23 and Shinava Ridge PD, lots 24-39 to allow lockout short term rentals.             SECOND:        The motion was seconded by Councilmember Randall.           Deputy City Attorney Paula Houston noted that lockout makes it so that they are two units.             Councilmember Arial added “for two lockouts” to her motion.   Deputy City Attorney Paula Houston stated that they can only use two lockouts and cannot rent out to three different groups in one night.   Mr. McFerson stated the parking previously before the Council stated that each lockout must have a covered garage.  They have only been renting two – even those with three keys.              Councilmember Randall agreed to Councilmember Arial’s addition to the motion.               VOTE:             Mayor Pike called for a roll call vote, as follows:                                Councilmember Hughes – aye Councilmember Randall - aye Councilmember Bowcutt – aye Councilmember Arial – aye Councilmember Baca – aye                              The vote was unanimous and the motion carried.   PUBLIC HEARING/ZONE CHANGE/ORDINANCE: Public hearing to consider rezoning approximately 10.12 acres located off Bloomington Drive and generally westerly of the Virgin River from Open Space to Residential (R-1-10).  SR Bloomington LC, applicant.   Planner Ray Snyder presented the request to rezone approximately 10.12 acres located off Bloomington Drive and generally westerly of the Virgin River.  The request involves five parcels of land in the Bloomington Golf Course area.  He presented a PowerPoint presentation covering the following:  summary of request; vicinity map; existing zoning; parcel 1; parcel 2; parcel 3; parcel 4; parcel 5; and general plan   St. George City Council Meeting Minutes May 19, 2016 Page Six   amendment. He mentioned that the Planning Commission recommends approval as presented and letters received regarding the request.   As this is a zone change, the applicant would have to return with a preliminary plat.    Councilmember Baca added that this project is to help vitalize the area.   Rick Rosenberg, representative for the applicant, stated that the request follows the general plan.    Mayor Pike opened the public hearing.   Resident Alan McKie stated that he is the past President of the Board of Trustees for the Bloomington Country Club.  They entered into an agreement with SunRiver Bloomington LC.  Since the agreement, they have seen nothing but positive things at the Golf Course and the Bloomington area.   He urged the Council to approve these requests.    Resident Ferrell Peterson explained this will affect him.  There are massive changes in the area.  He asked the Council to consider that the impacts will be positive.    Resident Arland Wiberg explained that although he has received three notices regarding this project, this is the first meeting he has been able to attend.  He mentioned that he owns several homes in the Bloomington area all of which are affected by what happens on Bloomington Drive.  Some of the homes have vertical curves which causes water to flow onto the asphalt which falls apart.  The City does  not do a good job maintaining the road. Mayor Pike added that Bloomington Drive will be redone in the next couple of years.   Mr. Wiberg stated that not only is the road falling apart, but the applicant built a retaining wall at the end of Man of War Drive, but nothing was aligned.  He believes that when improvements are made, they should be done within the standards.    Mayor Pike explained that Bloomington was annexed into the City as is, not to City standards.  The Council has determined to start the replacement of Bloomington Drive including drainage as they have the same concerns.  This has been planned for several years.       Resident Richard Kohler presented and outlined a handout regarding the project.  Because of this project, they have seen a decrease in the values of homes in the area.  This rezoning is a contradiction with the private covenants that exist between the homeowners and the owner of the project.  He provided a history of the Country Club and Golf Course.  It may appear to be in the City’s economic interest, but he believes it will open up for future lawsuits.  The annexation agreement states that the covenants will remain intact.  He does not believe there has been enough research on this proposal.   Councilmember Randall commented that she can only imagine the decrease in home values if they were sitting on a dead golf course.   Mr. Kohler stated that he believes this project is causing the decrease in home values.  In 2012, the Country Club wanted to be purchased by the City or County.   He believes that what happened in 2013 was orchestrated to drive the values down. New construction can be down at a lower value than existing mortgages.  Developers are realizing a windfall in profit because of what is happening.   St. George City Council Meeting Minutes May 19, 2016 Page Seven   Councilmember Baca commented that it seems that the City is getting a bad rap on this.  He asked City Manager Gary Esplin to explain the history.    City Manager Gary Esplin provided a history as requested.  The City would not recognize the recorded covenants as part of the subdivision as the City does not enforce them.  When the subdivision was accepted, the roads were not up to standard.  The City’s obligation at that time was to repair the existing roadways as best it could.  The upgrades in the Ranches were done so with a Special Improvement District, every lot owner paid for the curb and gutter and upgrades to the road.  Staff met with the Bloomington Country Club representatives; there was no interest to purchase the Country Club, nor was the City in favor of accepting it as a donation. Resident Steve Whitlock commented that well-meaning people managed the Club - there was no conspiracy theory.  Unless there is something that states that views would be preserved, there is no way to preserve them.  The whole idea of a right to a view doesn’t exist.    Resident Tony Temple mentioned some documents he submitted.  He is in favor of the project; however, some neighbors are concerned with their views.  His concern is that the traffic assessment did not cover some of the more problematic areas.  People coming out of Wesley Powell Drive do not have a view.  He asked the Council to assess the traffic in that area and stated that he is not in favor of installing speed bumps.   City Manager Gary Esplin noted that if there is an issue with sight distance, it would be addressed during the platting process.   Mr. Wiberg stated that City Manager Gary Esplin was correct with the improvements in Bloomington Ranches; he suggested doing the same thing to improve Bloomington Drive.    Mayor Pike replied that would be expensive – the residents would have to agree.  It is possible and can be looked at.  Staff will look at traffic implications in the area.   Mayor Pike closed the public hearing.   Mr. Rosenberg mentioned the traffic impact study done following the general plan amendment.  All of the intersections in the area maintain a level of service B or better.  The intersections will be addressed by the City if the Bloomington loop is done.  All of the new developments will be built in accordance to current City standard.   MOTION:      A motion was made by Councilmember Arial to rezone approximately 10.12 acres from Open Space to R-1-10 in the Bloomington Golf Course Country Club area and residences off Bloomington Drive.             SECOND:        The motion was seconded by Councilmember Bowcutt.             VOTE:             Mayor Pike called for a roll call vote, as follows:                                Councilmember Hughes – aye Councilmember Randall - aye Councilmember Bowcutt – aye Councilmember Arial – aye Councilmember Baca – aye   St. George City Council Meeting Minutes May 19, 2016 Page Eight                              The vote was unanimous and the motion carried.   PUBLIC HEARING/ZONE CHANGE/ORDINANCE: Public hearing to consider rezoning approximately 5.38 acres from Open Space to Planned Development Residential as well as locate the property within the Resort Overlay; property is located adjacent to the Bloomington Golf Course and Country Club.  SR Bloomington LC, applicant.   Planning & Zoning Manager John Willis presented the request to rezone approximately 5.38 acres adjacent to the Bloomington Golf Course and Country Club and to locate the property within the Resort Overlay.  He presented a PowerPoint presentation covering the following topics: vicinity map; aerial map; zoning map; parcels L & M; and proposed layout.  He outlined and read portions of the ordinance related to parking requirements and reviewed the proposed parking.  He then continued with his PowerPoint presentation covering the following topics: diagram of the proposed project including landscaping and amenities; elevations; floor plan; and resort overlay.  City code has standards for amenities in Resort Overlay Zones; he read portions of that code.  He then continued with his PowerPoint presentation covering the following topics: country club & resort amenities; and photos of the area.  After quite a lengthy discussion, the Planning Commission recommended approval with the following comments and conditions:   1.    Traffic turn lane on Bloomington Drive. 2.    Two separate motions would be required for approval of the PD-R and Resort Overlay. 3.    Alley setback of 5’ with a 20’ alley that fronts on a green court/paseo may be approved, if determined that he green court is well designed and provides significant open space. 4.    The applicant is requesting a reduction in the additional required parking for the units that front on a green court with an alley access.  The reduction request is for 18 parking spaces.  One additional parking space per dwelling unit shall be provided, unless otherwise approved by the City Council after hearing the recommendations from the Planning Commission. 5.    The proposed short term rentals will have access to the Bloomington Clubhouse. 6.    Garages must be a minimum of 480 square feet in order to be counted towards the two parking spaces per unit requirement. 7.    The applicant has submitted a colored site plan, colored elevations and a color materials board as required. 8.    Buildings must meet setback and building separation requirements for the PD zone. 9.    Building permits for construction must be obtained within eighteen (18) months or property will revert back to the previous zone.   St. George City Council Meeting Minutes May 19, 2016 Page Nine   10. HDR (High Density Residential) designation provides a density range up to 22 units per acre, which does not always indicate that 22 units per acre is appropriate for every parcel of land.   Rick Rosenberg, representative for the applicant, added that the request for reduction in parking is validated by the fact that the proposed short term rental use requires the garages be kept clear for parking and not be used for storage.  There will be an on-site manager taking care of the rentals.  This particular site does not have additional space for RV parking.   Councilmember Bowcutt commented that RV parking has been approved on Pioneer Road.   Mayor Pike opened the public hearing.   Resident Alan McKie commented about the financial conditions of the Bloomington Country Club last year.  Although the conditions would have caused the Country Club to close, the last thing they wanted to do was turn the Country Club over to anyone else.  Their efforts to get additional members were unsuccessful.  At that time they pursued other avenues – they approached and entered into an agreement with SunRiver Bloomington LC.  They feel they have made the best decision for the members as well as the adjacent property owners.   Mayor Pike mentioned that he and City Manager Gary Esplin spoke with the previous board chair who told them that they were within three months of closing.  Their feeling was that someone could take it over and redevelop the entire property.  A significant amount of open space is being preserved if they move forward with this proposal.   City Manager Gary Esplin expressed his belief that this is the only way the golf course could remain viable.  There is room in the area for a country club type development such as this.  It is possible for this to be successful.   Resident Carl Johnston commented that the project needs to move forward; however, he does not see how public safety officials could have approved the plan.  His concern is that emergency vehicles will not be able to turn around.  The proposed development only has one exit and one entrance.  If the zone change is approved, the applicant should have to bring a plan of what is being proposed on the other side of the road.    City Manager Gary Esplin explained that this is a PD zone; therefore, they would have to return for Council approval.    Mayor Pike mentioned that the proposed project meets the traffic requirements.      St. George City Council Meeting Minutes May 19, 2016 Page Ten   Assistant Public Works Director Wes Jenkins stated that he spoke with Deputy Fire Chief Kevin Taylor who stated the buildings in the rear will be required to have sprinklers for fire protection.   Mr. Rosenberg noted the longest alley is 180 feet.  Fire Chief Stoker reviewed the proposal; he will not deploy the fire trucks in the alleys.  There are actually three entrances, one of which will be a primary entrance.  He added that there is a 30’ separation between the units.  Unless units are removed, there is no space for a bubble.  He explained that the 18th hole is being realigned.    Mr. Johnston suggested putting an alley way to the west that goes all the way around as the Fire Department will take the easiest access.  The plan can be altered to make the project better for the City and safe for the residents.    Applicant Darcy Stewart commented that they moved forward prematurely because of the faith the residents have put in them.  He believes that City staff is excellent.  The purpose of getting density there is that every new unit will be required to pay dues – they need the income to fix things long term.    Mayor Pike closed the public hearing.   Councilmember Hughes commented that unless they do away with the patio style homes, they cannot solve the access issues.    Mayor Pike stated that he places the highest degree of confidence with the Fire Department who looks at these proposals carefully.      MOTION:      A motion was made by Councilmember Hughes to approve the zone change on 5.38 acres from Open Space to Planned Development Residential based on the Planning Commission recommendations including the reduction in parking.              SECOND:        The motion was seconded by Councilmember Baca.             VOTE:             Mayor Pike called for a roll call vote, as follows:                                Councilmember Hughes – aye Councilmember Randall - aye Councilmember Bowcutt – aye Councilmember Arial – aye Councilmember Baca – aye                              The vote was unanimous and the motion carried.   MOTION:      A motion was made by Councilmember Hughes to include this Planned Development Residential project within the resort overlay.             SECOND:        The motion was seconded by Councilmember Arial.             VOTE:             Mayor Pike called for a roll call vote, as follows:                                St. George City Council Meeting Minutes May 19, 2016 Page Eleven   Councilmember Hughes – aye Councilmember Randall - aye Councilmember Bowcutt – aye Councilmember Arial – aye Councilmember Baca – aye                              The vote was unanimous and the motion carried.   Mayor Pike called for a recess.   PUBLIC HEARING/ZONE CHANGE/ORDINANCE:             Public hearing to consider rezoning 20.00 acres located at approximately 3200 East and 2840 South from Agricultural (A-1) to Residential (R-1-8).  Development Solutions Group, applicant.               Planning & Zoning Manager John Willis presented the request to rezone 20.00 acres located at approximately 3200 East and 2840 South.  He presented a PowerPoint presentation covering the following:  vicinity map; general plan map; current zoning map; zone change area; and zone change.  Planning Commission recommended approval.   Stacy Young with Development Solutions added that they are trying to provide a spectrum of lot sizes.  They are providing low density residential opportunities.   Mayor Pike stated that the community is talking about affordable housing again.  One of the realities of that is lot sizing and density.   Mayor Pike opened the public hearing.   Resident David Hunter stated that he speaks for a number of his neighbors who would like to see this zoned R-1-12.  He believes the proposal goes against the Master Plan, keeping the area agricultural.   Councilmember Hughes commented that this piece has never been farmed; however, it is right behind a fairly large feed lot.  Looking at the entire project, the overall density is fairly decent.    Resident Rod Wetzel mentioned the common equestrian area.  They have   already had people ask when the horses are moving because of the flies.   Traffic in the area is getting worse.  They moved out there for quality of life, not quantity.  He said that the City cannot provide emergency services and water to the area.   City Manager Gary Esplin disagreed with Mr. Wetzel with regards to the services the City provides.  It is important to understand that all of the density of Development Solutions projects is the same density that this gentleman lives on - the average is over 12,000 sq. ft. lots.  The overall density of the General Plan needs to be looked at. St. George City Council Meeting Minutes May 19, 2016 Page Twelve   Mayor Pike commented that this was going to be higher density.    Morgan Hadlock commented that he lives in Little Valley; residents in the area are passionate.  He mentioned a lot in the area who has a faux rock slide into a swimming pool that is above the block wall because of being on a smaller lot.  He stated that more residents should be made aware of development – the 500 feet for notifications should be expanded.   Mayor Pike stated that 3000 East is a major arterial road and will eventually five lanes.  He explained that the property owner can choose the developer of their choice to sell their property to.    Deputy City Attorney Paula Houston advised state law does not require notifications be mailed to neighboring residents; it requires the notice be posted on the Public Notice Website.   City Manager Gary Esplin explained the development process including the notices that are posted.   Mr. Young mentioned that their standard business model is to act more as a master developer, targeting varying households.  In Little Valley, 80-90% of the homes have been built by a higher volume builder.  With this particular property, they do not have a developer in mind yet.   Mr. Hunter asked why a builder would want to be associated with lots this small.  If he was a developer, he would want to build something he is proud of.  Older neighborhoods with higher density and lower income housing have higher incidents with foreclosure while bigger lots have more stable homeowners.     Councilmember Randall commented there were not homes in the Little Valley area years ago.  She has not seen a subdivision in the area that she would consider low income.  There is a need for lots this size in that area.      Councilmember Bowcutt stated that he believes that unkept yards have nothing to do with the size of the lot.   Resident Maureen Martindale asked Councilmember Hughes where he wanted to stop rezoning the agricultural lots.   Councilmember Hughes explained the area is in the vicinity of Seegmiller Drive and 3000 East.  This issue was outlined when the Master Plan was first discussed.   Ms. Martindale added that homes near her house are not selling because they do not have backyards.  Instead, the homes are becoming rentals.  She believes larger lots would have less problems.    St. George City Council Meeting Minutes May 19, 2016 Page Thirteen   Resident Darla Rock asked the Council to keep density in mind when making their decision as well as the need for trails and parks in the area. She is concerned with 3000 East and asked when it will be widened.   Mayor Pike mentioned that the improvements are required to be installed as properties are developed.    Ms. Rock stated that she is also concerned with fire protection services.  She asked where the nearest “manned” fire station was.   City Manager Gary Esplin explained that most stations are not manned.  The closest manned station to the Little Valley area is in the downtown area; however, the station at 2450 East has 60 volunteers that can respond.   Staff is currently looking for property to build a fire station in the Little Valley area which will be manned.  He noted that the City meets insurance requirements of having a fire station within 1.5 miles of residences.   A discussion took place regarding improvements along 3000 East.   City Manager Gary Esplin noted that the City has spent $10 million on 3000 East and Mall Drive Bridge over the last three budget years.    Resident Bobbie Whetzel mentioned that 3000 East is the only access road to the area other than Little Valley Road.  She asked if there were any auxiliary roads planned.    City Manager Gary Esplin explained that Commerce Drive is being improved.    He outlined other road improvements in the area.    Ms. Whetzel added that smaller lots are not in demand as larger lots are.  She then mentioned that there is a need for more churches and schools in the area.    Mayor Pike mentioned that there are additional master planned roads in the area.  Additionally, he mentioned other areas of the City that are busy with ball fields and traffic and stated that there will be a park in that area in the future.    Mayor Pike closed the public hearing.   Councilmember Hughes commented that all of the concerns are legitimate.  If he had his way, each lot in the City would be an acre lot with horses.  Property owners have complained to him about having smaller lots next to them.  He mentioned that his property in the County is surrounded by homes.  The Council is addressing all of the concerns brought up tonight.  Overall density needs to be looked at – negotiations have taken place to keep the density at a livable level.  Roads are not complete as the City requires the developer to   St. George City Council Meeting Minutes May 19, 2016 Page Fourteen   improve the roads rather than the taxpayers.  He believes there is a market for 8,000 sq. ft. lots.    MOTION:      A motion was made by Councilmember Baca to approve the zone change on 20.00 acres from A-1 to R-1-8 located at approximately 3200 East and 2840 South.             SECOND:        The motion was seconded by Councilmember Randall.             VOTE:             Mayor Pike called for a roll call vote, as follows:                                Councilmember Hughes – aye Councilmember Randall - aye Councilmember Bowcutt – aye Councilmember Arial – aye Councilmember Baca – aye                              The vote was unanimous and the motion carried.   PUBLIC HEARING/ZONE CHANGE/ORDINANCE: Public hearing to consider rezoning 34.359 acres from Agricultural (A-1) to Residential (R-1-10); 31.890 acres from Agricultural (A-1) to Residential (R-1-8) and 38.937 from Agricultural (A-10 and A-20) to Open Space; properties are generally located east of 3000 East Street.  Development Solutions Group, applicant.   Planning & Zoning Manager John Willis presented the request to rezone property generally located east of 3000 East Street.  He presented a PowerPoint presentation covering the following: aerial map; general plan map; slope analysis map; general plan compared to slope analysis; existing zoning map; summary of request; zone change map and photos of the area.  The properties are located within slopes that are greater than 20% and in the hillside overlay zone; therefore, any development would require approval from the Hillside Review Board prior to the preliminary plat.  Planning Commission recommended approval.    Stacy Young, applicant, explained as they defined the open space boundary they took rock fall into consideration.  This area will have trails and parks – he showed where they will be on the map.   Mayor Pike opened the public hearing.   Resident Morgan Hadlock stated that he came tonight because he is concerned that he could not understand the letter he received notifying him of this request.  Additionally, he believes the Council will not stop Salisbury from developing on these lots.    Mayor Pike explained when notifications are sent, all staff has is a legal description.  There is a phone number listed on the letter residents can call to get additional information.  He further explained that this is a zone change. St. George City Council Meeting Minutes May 19, 2016 Page Fifteen   Mayor Pike, City Manager Gary Esplin and Mr. Willis helped Mr. Hadlock understand the notification letter and what the proposal was.   Mr. Hadlock further commented that his concerns also include large boulders in the area and that building homes here will cause a scar on the ridge and take away their views.   Mayor Pike noted that there are hillside provisions the developer would have to adhere to.  He reminded Mr. Hadlock that this is privately owned property.    Mayor Pike closed the public hearing.   MOTION:      A motion was made by Councilmember Arial to approve the zone change on 34.359 acres from A-1 to R-1-10; 31.890 acres from A-1 to R-1-8; and 38.937 from A-10 and A-20 to Open Space - properties are generally located at 3000 East Street.                 SECOND:        The motion was seconded by Councilmember Bowcutt.             VOTE:             Mayor Pike called for a roll call vote, as follows:                                Councilmember Hughes – aye Councilmember Randall - aye Councilmember Bowcutt – aye Councilmember Arial – aye Councilmember Baca – aye                              The vote was unanimous and the motion carried.   City Manager Gary Esplin commented that Planning Commission meetings, some of which go very late, are open to the public.  They are not paid, put in hundreds of hours and do their very best.    PUBLIC HEARING/AMEND CITY CODE/ORDINANCE: Public hearing to consider amending Title 10, Chapter 8 of City code to add Traditional Neighborhood Zone (TNZ) within the zoning ordinance.  Development Solutions Group, applicant.   Planning & Zoning Manager John Willis presented the request to amend Title 10, Chapter 8 of City code to add Traditional Neighborhood Zone (TNZ) within the zoning ordinance.    Stacy Young with Development Solutions Group presented a PowerPoint presentation covering the following: overview; traditional neighborhood development; “missing middle” housing; personal finance component; public finance component; structure of new ordinance vs old; and drafting approach.   City Manager Gary Esplin explained that this concept has been discussed for a number of years.  Although there are good examples in other parts of the   St. George City Council Meeting Minutes May 19, 2016 Page Sixteen   Country, there are only a couple in Utah.  He asked when the City will be ready for this concept.   Mr. Young stated that he believes the City is ready.  There is a large gap between townhomes and single family homes.  The original traditional neighborhood had 5,000 sq. ft. lots.  He explained that they want to be in a location that will succeed and plan to start small, giving them more flexibility and vitality.  As they are unsure how the market will receive this concept, the goal is to repair one lot at a time.   Mr. Willis outlined the changes to the ordinance by presenting a PowerPoint presentation.  Additionally, his PowerPoint presentation covered the following: design manual; types of street sections; building configurations; frontages; types of possible developments; parking standards; architectural guidelines; civic spaces; and building requirements.  The current code does not require commercial components for these particular neighborhoods.   Deputy City Attorney Paula Houston explained that parking is being reduced on the theory that there will be commercial, but commercial is not required.      Mr. Willis added that the commercial, multi-family, elevations and use will be specifically approved as part of the TNZ zone.  The Council will review these components with the zone change.   Mr. Young stated that the plan is to allow for commercial uses is constrained by size.  They do not allow car-oriented, drive to shopping.  Part of the application process requires an audit of the radius of the project site to see what is already in the neighborhood.  He showed examples of traditional neighborhoods and a simulated concept plan.   Mayor Pike opened the public hearing.    Mr. Young stated that the site is neighborhood general.   On one hand, there are fairly extreme low density, high end homes and the church wanting to do something relatively higher density.  It makes sense to transition from these two neighboring parcels.       City Manager Gary Esplin asked who is going to build these developments.    Mr. Young replied they would treat this more like The Ledges and less like Little Valley.  They envision working with multiple developers and will tell them what they can build.  These neighborhoods would be developed as a PD.   Mayor Pike closed the public hearing.   City Manager Gary Esplin commented that the old St. George was really a TND.  The current ordinance is not friendly to this concept.    St. George City Council Meeting Minutes May 19, 2016 Page Seventeen   Mr. Willis pointed out that density is not mentioned in the proposed ordinance as this is about form, layout and ratios of mixture.   MOTION:      A motion was made by Councilmember Randall to amend Title 10, Chapter 8 of City code to add Traditional Neighborhood Zone within the zoning ordinance, including the design standards as part of the ordinance.             SECOND:        The motion was seconded by Councilmember Hughes.             VOTE:             Mayor Pike called for a roll call vote, as follows:                                Councilmember Hughes – aye Councilmember Randall - aye Councilmember Bowcutt – aye Councilmember Arial – aye Councilmember Baca – aye                              The vote was unanimous and the motion carried.   PUBLIC HEARING/VACATE SEWER LINE EASEMENT AND DEED OF DEDICATION/ORDINANCE: Public hearing to consider vacating a portion of an existing sewer line easement and deed of dedication for a sewer line easement belonging to the City.  Brandon Anderson, applicant.   Assistant Public Works Director Wes Jenkins presented the request to vacate a portion of an existing sewer line easement and deed of dedication for a sewer line easement belonging to the City.  He showed and outlined the proposed vacation.   Mayor Pike opened the public hearing.  There being no public comment, he closed the public hearing.    MOTION:      A motion was made by Councilmember Arial to vacate portion of an existing sewer line easement and deed of dedication for a sewer line easement belonging to the City of St. George.              SECOND:        The motion was seconded by Councilmember Baca.             VOTE:             Mayor Pike called for a roll call vote, as follows:                                Councilmember Hughes – aye Councilmember Randall - aye Councilmember Bowcutt – aye Councilmember Arial – aye Councilmember Baca – aye                              The vote was unanimous and the motion carried.       St. George City Council Meeting Minutes May 19, 2016 Page Eighteen   PUBLIC HEARING/AMEND FISCAL YEAR 2015-2016 BUDGET/RESOLUTION:             Public hearing to consider amendments to the Fiscal Year 2015-2016 Budget.             City Manager Gary Esplin outlined the amendments to the Fiscal Year 2015-2016 Budget as follows: 1) To budget for the previous HR Director's retirement payouts and the overlap in salaries and benefits while the previous HR Director was training her replacement; 2) To budget for a professional services contract to design and implement a new city visual identity and brand; 3) To budget for a new grant from the State of Utah - Alcohol & Drug Free Committee for the purchase of three in-car cameras for DUI enforcement; 4) To budget for receipt of a new grant to install 20 trail wayfinding signs and print 10,000 trail maps; 5) To increase the merchandise costs budget to accommodate special orders and increase the revenue budget correspondingly at the Southgate Golf Course; 6) To increase Southgate Golf's budget for Small Tools to perform some unforeseen major repairs to equipment; 7) To increase St. George Golf Club's budget to install sod at the #5 fairway; 8) To increase Sunbrook Golf's budget for Small Tools to perform some unforeseen major repairs to e...

...1.95 acres to clean up zoning in the Twin Lakes Resort Subdivision and the golf course area located at Red Hills Parkway (formerly Highland Drive) and Twin Lakes Road. Mr. Jim Haslem, applicant. Case No. 2005-ZC-036Planner Mark Bradley said the applicant is cleaning up the zone to match the existing zoning for the Twin Lakes Resort Subdivision and in preparation for proposed additions to the golf course. This is a much needed clean up effort made by the applicant. Staff supports the request.Jim Haslem the applicant said this is mostly a request from staff to clean up this area for zoning. MOTION: Commissioner Clayton made a motion to recommend to City Council approval of a zone change request from R-3 (Multiple Family Residential) to OS (Open Space) on approximately 7.40 acres and C-3 (General Commercial) to R-3 (Multiple Family Residential) on approximately 1.95 acres to clean up zoning in the Twin Lakes Resort Subdivision and the golf course area located at Red Hills Parkway (formerly Highland Drive) and Twin Lakes Road. Mr. Jim Haslem, applicant. Commissioner Bracken seconded the motion. All voted aye. Motion passed.PLANNING COMMISSIONNovember 22, 2005Page FourCONDITIONAL USE PERMITSA. Consider a conditional use permit request to construct a club house, driving range, two-story “T” Box, maintenance building, outdoor lighting, poles and netting for the redesigned/remodeled golf course formerly known as the Twin Lakes Golf Course on Red Hills Parkway located by Twin Lakes Drive. Mr. Jim Haslem, applicant. Case No. 2005-CUP-040Planner Ray Snyder said the applicant proposed to construct “Kokomo Executive Golf Course and Pro Driving Range” (formerly Twin Lakes Golf Course). The project includes the construction of the golf course, driving range, club house, “T”-Box, maintenance building, outdoor lighting, poles and netting. Ray mentioned that the normal standard’s height for a safety netting is fifty feet (50'). Ray went over the parking requirements. Ray stated as far as landscaping the applicant will be required to provide street trees. The applicant must resolve to the satisfaction of each effected City Department the installation of all utilities, roadway infrastructure, and right-of-way dedication.Ray said the issues are as follows;1) Club House to be in OS zone.2) Outdoor Lighting (type of lighting and ft. candles levels)3) Maintenance Building to be in OS zone.4) “T” box (climate controlled) building; tees on second floor to be safety netted as necessary. Also to be in OS zone.5) Height of poles and netting in relationship to Red Hills Parkway and freeway.6) Relationship of poles and netting to electrical power poles.7) Relationship of street trees to poles and netting.8) UDOT requirements.9) Billboard10) Ponds11) AccessJim Haslem the applicant said the driving range is a room with controlled temperature. The room is a 10 x 10 and 8 ft. high. Jim said their golf course will be in the top 10 best short golf course in America. The pro shop building will be 2,100 sq. ft. All around this building will be a putting course which customers can play on for about 45 minutes. They will also have a practice green. There will be grill restaurant attached to the pro shop. They will have 5 fountains going in. Jim said he feels they have overstated the parking requirements. PLANNING COMMISSIONNovember 22, 2005Page FiveRyan Christensen said he will address the lighting issues. He said the lighting fixture has an eyebrow inside of it, and the purpose of that eyebrow is to control spills of light. The lights they are envisioning with this fixture along the roadside of the course will be shining north, this eyebrow creates a band of light rather than a circle that would go out. The light fixture itself will be tipped to about 45 degrees below the horizon. With the eyebrow on it will ensure that no light will be projected above the horizon. Ryan passed around a sample of the netting they are proposing to use. Ryan said they cannot go higher than 10 ft. above sidewalk elevation with the netting because of the power lines overhead. What they would like to propose is to extend from the edge of the T-box cubicle, which is the hitting box, netting on both sides and the top to prevent golf balls from going over the safety net along the road.Council Member Allen stated that their designer did mention that they need the 50 ft. along the side of the driving range. She asked the applicant to make sure that is addressed at City Council so they can see exactly what they are talking about.MOTION: Commissioner Taylor made a motion to recommend to City Council approval for a conditional use permit request to construct a club house, driving range, two-story “T” Box, maintenance building, outdoor lighting, poles and netting for the redesigned/remodeled golf course formerly known as the Twin Lakes Golf Course on Red Hills Parkway located by Twin Lakes Drive. Mr. Jim Haslem, applicant. Commissioner Clayton seconded the motion.DISCUSSION ON MOTIONDeputy City Attorney Ron Read said do they want to see an elevation for the “T” box before it gets to City Council? Chairman Almquist said they should request a color rendering and what the actual exterior is going to represent, showing ingress and egress and showing emergency exits before the City Council. Deputy City Attorney Ron Read said the Council will be interested in the safety issue because they are going from a 50 ft. recommendation from their designer to that 10 ft. with a tunnel. The Council will have quite a few questions regarding that tunnel and how it is going to keep golf balls from going over a 10 ft. fence when their own designer recommend...

... voted aye. BID OPENING: Consider award of bid for grass seed for the golf courses. Purchasing Agent Sue Swensen advised that three bids were received: Las Vegas Fertilizer $68,484.60; Wilbur-Ellis Company $63,180; Helena Chemical - incomplete bid. She advised that the low bidder, Wilbur-Ellis bid a seed not compatible to this area, therefore she recommended award of the bid to Las Vegas Fertilizer in the amount of $68,484.60. A motion was made by Councilmember Isom to award the bid to Las Vegas Fertilizer in the amount of $68,484.60. The motion was seconded by Councilmember Allen, and all voted aye. ORDINANCE: Consider approval of an ordinance requiring approval of the Washington County Desert Tortoise Habitat Conservation Plan, also referred to as the Red Cliff Desert Reserve, for fencing along borders of this Reserve prior to granting any approval for a final subdivision plat or issuance of any building permit or excavation on the property adjacent to the Red Cliffs Desert Reserve. City Attorney Jonathan Wright advised this item had been tabled from a previous meeting. He explained that the City previously entered into an agreement with the County that the City would enforce fencing requirements along tortoise habitat land. The proposed ordinance would City Council Minutes July 8, 1999 Page Three allow the City to fulfill its contractual obligation and require a fencing and containment plan. He explained that some areas may not require fencing, just containment, therefore property owners are allowed more flexibility. The ordinance allows fencing or containment for property which is developed in phases, rather than requiring the entire project be fenced or contained. He explained that Councilmember Gardner was key in bringing about some of the revisions to the ordinance to allow more flexibility. A motion was made by Councilmember Gardner to approve the ordinance as presented. The motion was seconded by Councilmember Allen. A roll call vote was taken and all voted aye. RECOGNIZE BOB COCHRAN: Mayor McArthur presented a plaque to Bob Cochran and thanked him for five years of dedicated service on the Planning Commission. RESOLUTION: Consider approval of a resolution authorizing a notice of intention to create Special Improvement District 99-2 for the Bloomington Ranches area. City Manager Gary Esplin explained this ordinance was necessary in order to begin advertising and set public hearings for the actual creation of the SID. A motion was made by Councilmember Orton to approve a resolution authorizing the notice of intention to create SID 99-2 in the Bloomington Ranches area. The motion was seconded by Councilmember Whatcott. A roll call vote was taken and all voted aye. RESOLUTION: Consider approval of a resolution vacating an easement between Lots 72 and 73 of The Boulders Subdivision, Phase 3. City Manager Gary Esplin explained that the City received a request from the property owner for abandonment of the easement between Lots 72 and 73 of The Boulders Subdivision Phase 3 in order to combine the lots into one lot. A motion was made by Councilmember Isom to approve a resolution vacating the easement between Lots 72 and 73 of The Boulders Subdivision Phase 3. The motion was seconded by Councilmember Gardner. A roll call vote was taken and all voted aye. CONDITIONAL USE PERMIT: Consider a request for approval of a conditional use permit for conversion of The Four Seasons Motel to a youth treatment center. Frank Habibian, applicant. Associate Planner Jim McGuire advised this request for a CUP was the only item needing action from the Planning Commission meeting of June 22, 1999. He explained that the applicant submitted her application before the City?s new ordinance took effect, and the reason it took so long to come before the City Council was because the applicant had to buy out the time share units which were part of The Four Seasons motel. The City also hired a consultant to perform a community impact analysis, with the conclusion that there were no overriding impacts that justified a single recommendation. The Planning Commission recommended approval subject to a number of conditions: a revised site plan being submitted (with the restaurant and timeshare units being removed from the plan); a review in one year; and contingent upon the criteria outlined in the application, program synopsis and renderings submitted at the Planning Commission meeting (including meeting state licensing requirements, being limited to 60 students, and adjudicated youth not being served by this facility). Lowry Snow explained that he represented the applicant and tenant. Melanie Habibian Jensen is the applicant, and the tenant will be Red Rock City Council Minutes July 8, 1999 Page Four Canyon School, L.L.C. He presented a brief history of the application and advised that in 1998 Ms. Habibian received state approval for the facility. He advised the School will be managed by a board consisting of Robert Newell, Melanie Habibian, Clark Wilkinson, Randy Wilkinson, Tony Allen, Jay Ence, Russ Gallian, and Wayne Holland. Dr. Robert Newell presented a brief overview of the program and explained the school will not serve as a youth detention facility, jail, prison, boot camp or holding facility, but will provide comprehensive adolescent mental health treatment within a closed campus in a regular school setting. A day treatment program and a family outpatient treatment program will also be offered. He advised the programs will be available to youth suffering from substance abuse, addiction or psychological problems, but youth with a history of extreme violence, or who are borderline in intelligence or mentally retarded will not be accepted. He advised that the ratio of staff to students is 1 to 4. Melanie Habibian explained she began putting the program together in 1996. The program will provide clinical, educational, spiritual, vocational and recreational training. She stated she was looking for a vocational program to provide an opportunity for the kids to learn a vocation, and culinary arts, business, architectural, electrical, computer, music and art classes will be provided. An in-house newspaper will also be available. Wayne Holland summarized State licensing requirements. He advised the campus will be closed, and will be a staff secure facility, not a lock down facility. Frank Fisher, the consulting architect for the project, advised that additional landscaping will be added to the current landscaping, and asphalt will be reduced. He advised the current building is well suited for use as a school. Councilmember Whatcott inquired if the pool and sign advertising the Four Seasons motel would remain in place. Ms. Habibian Jensen advised the pool would remain, but the sign will be removed. She advised the back play area would be fenced. Keldon Bower reviewed statistics from the community impact analysis, and advised that in his opinion there would be no negative effect or image degradation to the community as a result of the school. Stan McConkie advised he had been involved in other analyses for youth treatment facilities, and that property values would not decline as a result. Tony Allen advised he made comparisons between statistics from the St. George Police Department for calls for service to Dixie High School, Cinnamon Hills, the Four Seasons and Ancestor Inn. Dixie High School had ten times as many police calls as Cinnamon Hills. He advised he compared the conclusions of the community impact study with the City?s ordinance, and that no negative impact could be shown, therefore, the report mandates the City Council grant the conditional use permit, and its conclusions support the fact that the applicant has met the standards of the ordinance. He stated that there are too many empty motel rooms on St. George Blvd., and it is not fair to the owners that they cannot do anything about the problem. Councilmember Isom inquired if the facility would specifically serve local youth. Mr. Allen replied the facility would be open to local youth, as well as youth from within the State of Utah and throughout the United States. The advisory board will, however, adopt a financial program specifically for local residents. City Council Minutes July 8, 1999 Page Five Mayor McArthur commented that much concern has been expressed by the community. He entered several phone messages and letters into the record. He called on Jody Burnett, an attorney knowledgeable in land use hired by the City, to make comments. Jody Burnett advised that local governments throughout Utah are struggling with land use concerns which have to be balanced against congressionally-mandated amendments to the Fair Housing Act of 1988. Local governments have been pre-empted from using their discretion and control to make certain land use decisions on behalf of the community as they pertain to a target population declared disabled under the Fair Housing Act. He advised that after reviewing the application and recommendation of the Planning Commission, and based on the facts of this particular application, the application should be granted. He clarified that this particular application was filed before the City?s ordinance was amended. The minimum distance requirements set forth in the new ordinance would apply to any new application filed following its date of adoption, or to any amendment of this application. Councilmember Gardner stated that the City Council has always been committed to the youth of St. George and devoted to and concerned about economic development. Discussions concerning this application have been ongoing for several years, during which time legitimate concerns were raised focusing on density and a congregation of these types of businesses in one area of the City. He advised that the City Council has tried to be open-minded and make the best decision for the community, but its hands are tied in spite of what it may feel. With reluctance, he made a motion to approve the conditional use permit subject to the conditions imposed by the Planning Commission. City Attorney Jonathan Wright advised that the conditions include removal of Luigi?s restaurant, removal of the sign advertising the Four Seasons motel, no admission of students with a history of extreme violence or students cognitively functioning below borderline, or adjudicated youth. Lowry Snow advised that adjudicated youth will be allowed to enroll in the school, as long as they do not have a history of violence or have not been convicted of a felony. Councilmember Isom seconded the motion previously made by Councilmember Gardner, and all voted aye. Councilmember Whatcott asked for a clarification of the number of youth permitted. City Attorney Jonathan Wright advised the application was for 60 youth, and that is all that will be allowed under this application. PUBLIC HEARING/ZONE CHANGE/ORDINANCE: Public hearing to consider a request for a zone change from R-1-10 to PD Commercial and approval of a hillside development permit for the Black Ridge commercial development located west of Bluff Street below the airport ridge. Young/Kimball, applicants. Community Development Director Bob Nicholson advised the proposed project will encompass 36 acres, and has been modified from the original proposal which was previously presented to the Hillside Review Board, Planning Commission, and City Council. The applicants have reduced the amount of hillside cutting so there will not be any visible scars when the project is completed. There will be 175,000 sq. ft. of commercial space. A 60,000 sq. ft. theater is proposed, and 250 West will be extended. The proposed project is consistent with the General Plan. The applicants own City Council Minutes July 8, 1999 Page Six additional property located up the hill from the project which will be part of Phase 2 and not addressed within this project. The Hillside Review Board and Planning Commission recommended approval subject to providing a hillside restoration bond in the amount of $200,000, and final plans for drainage and street design be approved by City staff. City staff recommends that the developer be responsible for a traffic signal at the intersection of 250 West and Tonaquint Drive, the main entry to the project. It is also staff?s recommendation that Tonaquint Drive be a 100' right-of-way, and that the developer participate in signalization of Tonaquint and Dixie Drive when traffic numbers warrant it. The list of proposed uses is the same as that originally submitted, except with the deletion of two uses - lodge and social hall, and the addition of a theater. The developer concurs with all the recommendations. Councilmember Allen inquired about increased traffic due to inclusion of a theater in the project. Community Development Director Bob Nicholson replied the traffic consultant indicated that eventually the off-ramp would need two left-hand turn lanes, and two northbound turn lanes onto Tonaquint from Bluff Street would be needed to handle the proposed traffic. However, not all these improvements should be provided by the developer. Ken Coombs, one of the partners in the development, advised he accepted the conditions imposed by the Planning Commission. He advised that all studies requested by the City have been provided, and the traffic study indicated there could be as many as 60,000 cars on Tonaquint by 2020. He explained the development team was headed by Les Stoker and Bill McMurrin, who have provided a contour model of the project. Bill McMurrin advised the project will include a street scape and building variations so that each tenant will have its own identity within the project, similar to the Riverwood project in northern Utah. Earth tones are proposed to be used, along with natural materials such as rock. Two story buildings will be located in the center of the project with a plaza on the second level that will include several restaurants. Ira Hodges advised there has been a subtle repositioning of buildings in order to reduce needed cuts and fills. The disturbed area has been reduced by 50% from the original plan. The plan, however, is in its preliminary stage, and improvements will continue to be made. He advised that landscaping of the front of the project will correlate with the entire project and the hillside. Mayor McArthur commented that when the project is completed, there will be no visible cuts. Mr. Hodges advised that eonite will be used to replace color in cuts to the hillside, plants will be replanted, and hydroseeding will be done. Stones and ornamental boulders will also help hide any cuts. Mayor McArthur opened the public hearing. Russ Northrup, a homeowner in Gardens South, inquired where 250 West would connect to Gardens South. Community Development Director Bob Nicholson responded that 250 West would connect north of the Gardens South. Mr. Northrup expressed concern about drainage from the project, and the height of the theater. Russ Gallian, representing an adjacent property owner, remarked that the project was a good one and well conceived, but the upper portion of the City Council Minutes July 8, 1999 Page Seven developer?s property planned for Phase 2 needed to be developed in accord with the master road plan and provide access to his client?s property. Kay Hancock, a resident of Gardens South, inquired how far from the edge of the property the theater would be positioned. She advised the project was great, but expressed concern over traffic on 950 South Street and advised that a traffic light is needed at its intersection with Bluff Street. She also expressed concern about drainage and the lack of retaining walls in the general area. She also expressed concern about the height of the movie theater. Bill McMurrin advised a theater has always been planned to be a part of the development, it was just omitted from the original list of uses. He stated that the addition of 250 West will help improve traffic concerns on 950 South. He advised the upper portion of the project had not yet been master planned, and the grade of the road meets all City standards and has been approved by City staff. As far as the height of the theater, a portion of it has been placed into the hillside to reduce the amount of scar, and its wall will probably be 15' high on one end and 20-30' on the other. The distance from the property line is 20'. Drainage plans have all been approved by the City. Ira Hodges advised that access to the upper level of property remains to be coordinated. Ms. Hancock stated she was concerned the theater was located too close to her home and her view would be ruined. Councilmember Gardner inquired if the theater could be moved. Bill McMurrin advised he would look again at its placement. A discussion ensued concerning the property line between the Gardens South development and the proposed project. Mr. Hodges advised that landscaping behind the theater is not required, but the developer would be willing to place some to help mitigate concern expressed by neighbors. There being no further public comment, Mayor McArthur closed the public hearing. A motion was made by Councilmember Allen to approve the hillside development permit and the requested zone change by ordinance. The motion was seconded by Councilmember Gardner. A roll call vote was taken and all voted aye. PUBLIC HEARING/ZONE CHANGE/ORDINANCE: Public hearing to consider a zone change request from R-1-10 to PD Residential for property located south of the LDS Church between Mall Drive and the Middleton Wash. Ceil Investments, applicant. Community Development Director Bob Nicholson advised the project is located between the Middleton Wash and Mall Drive just south of the Red Cliffs Manor project south of the Red Cliffs Mall. 22.7 acres are involved in the project, and the applicants did modify the original plan after meeting with neighbors and the Planning Commission. The final plan shows an extension of 1680 East through the project to intersect with 40 North. 123 units are proposed with a density of 5.4 units per acre. The General Plan shows the area as medium density, and the proposed project is well within the density recommendations of the General Plan. The developers are willing to donate a trail easement and land area to the City. There will be City Council Minutes July 8, 1999 Page Eight a privacy wall along Mall Drive. The Planning Commission unanimously recommended approval. Craig Hopkinson, representing Ceil Investments, advised that after meeting with staff, the size of the street was reduced to pull some units out of the wash 15' more than originally proposed. He advised there will be two entryways to the project, one public and one private. Mayor McArthur opened the public hearing. Edward Wiggins, a Santa Fe resident, asked where the private road ended in relation to the Santa Fe Project. Mr. Hopkinson replied that the private entry will end 150' to the south of the entry to the Santa Fe project. There being no further public comment, Mayor McArthur closed the public hearing. A motion was made by Councilmember Gardner to approve, by ordinance, the zone change as requested. The motion was seconded by Councilmember Isom. A roll call vote was taken and all voted aye. Mayor McArthur called for a five minute break, after which the meeting reconvened. REQUEST FOR WAIVER OF FEES AND USE OF SUNBOWL: Consider a request from Coyote Country for waiver of City fees and use of the Sunbowl for a July 24 event. Mayor McArthur stated that the City could waive fees for use of the Sunbowl but share in profits, if any, for reimbursement of the fees. City Manager Gary Esplin advised staff had no problem with waiving the fee, but there is a concern with clean-up, as that is what the fee is used for. He advised that staff supports the concept, but cannot perform clean-up without compensation. Mayor McArthur suggested the applicants be responsible for set-up of the Sunbowl and clean-up after the event. Adele Weiss, representing the applicant, advised that several different options were available to the City: (1) they could be treated like a regular tenant and pay the required rental fee plus 5% of the gate, with the City being responsible for set-up and clean-up; (2) the City could become a sponsor of the event and waive the fee; or (3) a trade could be made for commercial advertising. Mayor McArthur advised that perhaps in the future different options could be considered. Ms. Weiss inquired how much it cost for the City to perform clean-up. Leisure Services Director Kent Perkins advised it would depend on the scope of the project and definition of set-up. He stated the City?s goal is to cover its costs because this request was not budgeted for. He advised the City would be interested in becoming a sponsor in the future, but because of the short time frame, could not do so this year. Ms. Weiss advised that they would need set-up of a 40' x 40' stage. City Council Minutes July 8, 1999 Page Nine Mr. Perkins stated that staff is very concerned about the condition of the Sunbowl at this time because water had to be shut-off for several days to prepare for the fireworks. He advised the lawn is very dry and fragile. Mayor McArthur suggested the City waive the fee for use of the Sunbowl, with the applicant being responsible for set-up and clean-up. A motion was made by Councilmember Whatcott to approve use of the Sunbowl, waive the fees, and require the applicant to be responsible for set-up and clean-up of the facility. The motion was seconded by Councilmember Gardner, and all voted aye. APPROVE SKATEBOARD PARK SITE/HIRING OF AN ARCHITECT: Consider approval of the skateboard park site, hiring of an architect for design of the park, and establishment of an account to receive donations for the park. Leisure Services Director Kent Perkins advised that as a result of a work meeting with the Mayor and City Council, the skateboard park committee is requesting that Snow Park be formally designated for location of the skateboard park. It is also requested that the City request proposals and underwrite the design of the park, allow the volunteer group to solicit funds to construct the facility, and establish a holding account within which to deposit the funds received. A motion was made by Councilmember Isom to designate Snow Park as the site for the skateboard park, underwrite design of the park and request proposals, allow the volunteer group to solicit funds, and establish a holding account for funds collected. The motion was seconded by Councilmember Orton, and all voted aye. City Attorney Jonathan Wright reminded that if solicitation is performed in residential neighborhoods, a permit is needed from the City License Officer. APPOINTMENTS: Consider appointments to various boards and commissions of the City. Mayor McArthur recommended appointment of Steve Nelson and Dale Jones to the Shade Tree Board. A motion was made by Councilmember Gardner to appoint Steve Nelson and Dale Jones to the Shade Tree Board. The motion was seconded by Councilmember Whatcott, and all voted aye. REQUEST FOR USE OF GOLF COURSE: Consider a request from United Way for use of City facilities. Vardell Curtis, representing United Way, explained he was seeking support for the United Way kick-off campaign to be held in September. $70,000 was allocated this year in Washington County, which represents 99.8% of all monies collected. He explained that all monies collected remain in Washington County, and that requests totaling $250,000 were received, but there was only $70,000 to allocate. He advised that Jay Don Blake committed to serve as the honorary chairman for the kick-off campaign, and they are requesting use of the Sunbrook Golf Course at no cost to hold a golf tournament. City Manager Gary Esplin explained that the City receives at least 20 requests each year for waiver of golf fees, and he calculated it would cost the Golf Course Enterprise Fund $3,000-$5,000 to sponsor the event. He stated a precedent would be set, and to his knowledge, golf fees have never been waived. Discounts have been given, but never a waiver. City Council Minutes July 8, 1999 Page Ten Councilmember Whatcott explained the City?s dilemma is that the Golf Course Enterprise Fund stands on its own, and in order to efficiently operate the courses, revenues must match expenses. He stated that this expense would not be fair to the Golf Department. City Manager Gary Esplin stated that the City receives many requests for free golf from worthy organizations, but the golf course fund cannot afford to lose $3,000 when it is barely making it now. He advised the City donated $7,000 to the United Way last year for the volunteer center. He stated the Cancer Society tournament players were charged the resident punch card fee. Councilmember Gardner inquired it if would be feasible to pay the golf fees out of the General Fund. LK Abbott encouraged the Mayor and City Council to support the United Way?s request. Gil Gillespie, Chairman of the Board for the Volunteer Center, advised the Volunteer Center have performed 100,000 hours of community service, and urged the Mayor and City Council to support the United Way?s request. A motion was made by Councilmember Whatcott to transfer funds from the General Fund to the Golf Course Enterprise Fund. The motion was seconded by Councilmember Gardner. No vote was taken. Councilmember Isom stated she would rather have the City give the United Way a donation from the General Fund, and require them to pay for their golf. Following additional discussion, Councilmember Whatcott made an a...

...2000 Page Four DISCUSSION CONCERNING SUNBROOK CLUBHOUSE: Director of Golf, Dave Terry, advised that when the Sunbrook Golf Course and Clubhouse were purchased by the City, the clubhouse was substandard. The northeast corner of the building has since settled and cracked, the floors have cracked, the foundation is unstable, the deck and stairs are in terrible condition, and the restrooms are deplorable. The size of the clubhouse is also a problem, and the cart storage area is not big enough since the new nine holes were built. The snack bar is not large enough to serve clients of a 27 hole golf course, and the entire facility is suffering from an image problem. Sunbrook is the top rated municipal course in the State, but something has to be done to fix the clubhouse. There is also $100,000 in capital improvement needs at all the City?s courses which the City will never be able to fund until debt service is paid off, or unless a funding source can be identified outside of the operations budget. No general fund money has been used to fund any portion of any golf course, and all options being discussed are within the golf enterprise fund. Neither property taxes nor sales taxes nor general fund money has been used or is being proposed to be used. Mr. Terry explained that many safety hazards exist on the courses, such as deteriorating bridges and cart paths. Revenue enhancement is an important issue too for the City, as is image. City Manager Gary Esplin advised that from a competition standpoint, the City needs to continue to provide a comparable facility at a reasonable cost. He stated that two new golf courses in the area will be coming on line to compete for the same golfing dollars. Both courses will be open to the public. Dave Terry then showed slides of the deteriorating conditions at the City?s courses. He advised that the City Council previously approved a remodel of the Sunbrook clubhouse by Les Stoker, and authorized $550,000 for the project. The low bid received, however, was for $627,491, and the remodel project was not pursued. Mr. Terry then reviewed the remodel design by Les Stoker and a proposal from Norm Olsen to build a new building. City Manager Gary Esplin advised there is a $100,000 difference between the two projects, and Mr. Olsen is contributing $150,000 toward this project. The City also has a shared parking agreement with Mr. Olsen for use of his adjacent property. He is also allowing the use of his property for storage of City golf carts. Mr. Esplin advised that if enterprise funds were used, few of the problems presented would be able to be taken care of. He explained the Golf Course Fund is a break even fund, and a creative way to fund the suggested improvements is needed. He advised that Sunbrook was built on two different bond issues, and the debt could be extended for an additional three years which would provide $878,000 in new dollars. No payment would have to be made until the other bonds were paid for, and debt service would not be increased. $400,000 would have to be allocated to the Sunbrook clubhouse, and the balance could be spread out over the other prioritized projects. Councilmember Gardner and Mayor McArthur recommended extending the bonds. Councilmember Orton commented the impact the City golf courses have on the economy is great. St. George City Council Minutes January 27, 2000 Page Five City Manager Gary Esplin advised that money could also be used from the capital projects fund, or a one-time use of the economic development fund, which comes from the 1% fee charged by motels which is dedicated to the Dixie Center. Linda Kirkpatrick advised that the life span of the remodel would not be the same as that of a new building. City Manager Gary Esplin advised the golf courses have a direct impact on the economic condition of the City by having available rounds. Non-resident play is about 80% of Sunbrook?s usage. Councilmember Whatcott commented that of all the City?s courses, the St. George Golf Club has the most potential to increase its revenues if the suggested improvements are made. Councilmember Orton commented it was critical to maintain the image of Sunbrook. Councilmember Whatcott advised that the City has tried to keep its golf rates low so that everyone can enjoy the courses, but basic needs have to be met. He inquired if the $100 per sq. ft. cost being proposed by Mr. Olsen was high. Dave Terry replied that according to his research, the cost was reasonable. Carol Sapp inquired if there could be things done to reduce the cost of the new building, such as removing the hexagons from the design. She also suggested the project be put out to bid. City Manager Gary Esplin replied timing would be a problem if the project were put out to bid. Dave Terry advised there is only two months to get the plans ready so that construction on the building can begin in May and be ready to use by October. Mayor McArthur advised that the new building must be large enough to accommodate all the golf carts, even those required for another nine holes at some time in the ...

... Plant. DISCUSSION WITH WAYNE PACE ON THE QUARRY TRAIL AT THE RED HILLS GOLF COURSE: Wayne Pace explained that the objective of the project is to open the Sandstone Quarry for visitation. The quarry is where most the stones came to construct many historical buildings. He showed a copy of a survey completed by Rosenberg Associates. There are two critical issues, one of which is the trail itself. There was concern with his initial proposal because of the golf balls that may hit over in that area. He and Councilmember Almquist toured the location and identified a more appropriate one. Although it is clearly designated as City Property, what happens in the area is decided by the Red Cliffs Desert Reserve. They object to this proposal as it would create disturbance to the property. He meets with their technical committee in a week. St. George City Council Minutes February 26, 2015 Page Three City Manager Gary Esplin stated that his concern is who is going to accept liability when a person walking on the trail is hit by a golf ball. On each City golf course, there are signs along the cart path stating that a fee is required and visitors are not allowed to walk on the path. Mr. Pace suggested putting a notice at the fourth tee that reads “Do not hit golf balls off the fairway when individuals are walking on the quarry path. When walkers have moved out of your line of sight, please feel free to drive a golf ball toward the sixth green.” City Manager Gary Esplin stated that it is a timing issue as people walking on the path are not visible from the tee. The City has the obligation to mitigate risk. Although he believes this is a great idea, there is a liability risk. He stated that golfer to golfer is different than golfer to hiker that has been introduced after the golf course has been built. Mr. Pace commented that he is convinced that with the sight he is suggesting, if a golfer is alerted, it would minimize any problems. City Attorney Shawn Guzman advised notes are put on plats when they are next to a golf course for a reason. A sign will not work with regards to liability. If someone gets hit, it is tough to defend. If a trail is in its natural state there is immunity; however once a trail is improved, there is liability. He does not see how to avoid liability if it is approved for the area. Support Services Marc Mortensen explained that the issue with the HCP is any trail. Their preference would be to have no trails in this area as it is considered critical habitat. They do like the alternative proposal of erecting an interpretive plaque on Owens Loop overlooking the quarry. City Manager Gary Esplin stated that a permit would not be issued if the golf course was proposed to be built today. He advised the property is not owned by the City, it is owned by the BLM with the City having a Recreation & Public Purpose grant to use the property. Mr. Pace explained that he met with the BLM and the Tortoise Reserve; they say it is City property. Councilmember Bowcutt commented if the HCP does not want a trail, it is a mute point to know where the access is. Mr. Pace commented he does not think there will be an issue. Mr. Mortensen explained that Bob Sandberg told him if they want to access the quarry that is not in the reserve; that is okay. City Manager Gary Esplin suggested they make their application to the TAC. St. George City Council Minutes February 26, 2015 Page Four Mr. Pace stated that he is meeting with them next Thursday. He commented that parking is not an issue. Councilmember Almquist stated that ultimate compromise is to take a piece of standstone with pictures at the top as an example of what they would see if they went down the hill. Richard Koehler asked if during the day, times can be reserved to make it available for walkers to be on the trail City Manager Gary Esplin asked who pays for the loss of revenue when players are not allowed on the course. There are golfers on the course all the time all year long. He asked why not do what Councilmember Almquist suggested. The proposed trail is introducing people to the maintenance shed. Mr. Pace commented that the trail will not interfere with maintenance. Mayor Pike mentioned the first step is the meeting next week. Nothing can be done without their okay. Mr. Pace commented that they have the funds for the preparation. In the original plan he presented, the City would build a few steps. Additionally, the City would build the switchback out of natural stone. City Attorney Shawn Guzman explained that the yard would need to be fenced in. That was done at Southgate. He does not know if you can net for that. Mayor Pike commented that Legal and Golf Course staff would have to determine where there would need to be protection for walkers and to avoid a lawsuit. City Manager Gary Esplin explained that the notice Mr. Pace suggested would put the liability on the City. There are other ways to explain the Temple Quarry. City Attorney Shawn Guzman advised that people are not allowed to walk on golf courses because of liability issues. Councilmember Almquist mentioned that Mr. Pace has put a lot of effort into this proposal. He feels that can they can recreate a location without it being exactly where it happened, letting people know of the historical value. Mr. Pace read a portion of the minutes from the HCP meeting. He explained that the other issue is the entrance. He proposes to create a park-like entrance to the area which they would not be able to cover the cost to build. The consensus of the Councilmembers is for Mr. Pace to obtain permission from the HCP and return for further discussion. St. George City Council Minutes February 26, 2015 Page Five Councilmember Bowcutt commented that the Council’s decision is contingent on what the HCP says. City Manager Gary Esplin stated that prior to approval; liability and intrusion on the golf course would have to be figured out. The entrance that Parks Planning has planned would be a nice area to have a CCC monument with pictures. PRESENTATION FROM THE DOWNTOWN MERCHANTS ASSOCIATION: Melynda Thorpe introduced members of the Downtown Merchants Association and handed out an information packet on the George Streetfest on Main. She read the event purpose as stated in the information packet. The event will focus on Main Street, St. George Boulevard and Tabernacle. After meeting with City events staff, it would be important to start on lower Main Street and grow into moving the stage near George’s Corner. She outlined the event map. The event is proposed to start in June. City Manager Gary Esplin advised that the event may conflict with the Electric Theater when it opens. Ms. Thorpe stated that her goal is to recreate the environment of the community when it was first settled. The pioneers gathered downtown. She spoke about branding for the event. There are two programs that go along with the event. One of which is Passport, which is a booklet that will have coupons in the back. Participants will receive stamps for visiting shops and get a prize for turning in the Passport. The second program is the Jazz Garden at Ancestor Square, a wine, cheese and beer garden with a jazz music. They will also have a children’s treasure hunt. She has been collaborating with Southern Utah Live to live stream the concert and upload an archive. This will provide additional marketing. Currently, she is producing a show called George that will be filmed on the first Friday of every month at George’s Corner. During the show, the host will interview the band and talk about this event as well as community issues. She showed a poster that they will use for the event. Mayor Pike commented that he would like the Electric Theater to be a hangout for Dixie State University. Ms. Thorpe stated that they will occasionally bring in a band that identifies to high school and college students. City Manager Gary Esplin commented that there is not a lot of retail variety downtown right now. Nicki Richards explained that all of the downtown merchants want more vibrant energy. They have all agreed to stay open later for this event. The biggest problem is that there are not a lot of retail shops downtown. St. George City Council Minutes February 26, 2015 Page Six Ms. Thorpe asked for the City’s support with the following: • Block off Main Street from 200 North to St. George Boulevard to Tabernacle. For the first six months, they propose keeping the event on Main Street between St. George Boulevard and Tabernacle. • Blocking off the street and provide traffic control. • Provide stage and PA sound systems as well as flood lighting at the stage. • Provide power to Main Street for vendor access. • Provide fire barrels during cold months with firefighters to supervise. • Provide promotion on the City’s website and digital billboard. • Sponsor the event with a contribution of $2,000 per month. Their goal is to create an event that becomes self sufficient in one year; not be reliant on the City long term. They have requested funding from the Convention and Visitors Bureau; they are assisting as is the Downtown Merchants Association. Additionally, they will need help with porta-potties. City Manager Gary Esplin explained that there is a problem with the request for power; the City cannot provide power on both sides of Main Street. He commented that the downtown is the most critical area of the city as far as trying to save areas. Another issue is that Tabernacle is dark, lights are needed there. The cost for City assistance is at least $4,000 a month for the City to sponsor this event. He is not opposed to the request. This is a lot like First Night and more funds were budgeted for that. Because the City sponsors events 46 weekends throughout the year, he cannot commit to funds tonight. Staff is working on a list of sponsored events that will show what the City’s involvement is. He believes the white lights on the trees should remain on all year. The City has spent a lot of money on downtown to generate traffic in the area. There have been numerous requests from groups that want to use the Electric Theater. Mayor Pike stated that if the Council is supportive of this proposal, they could start something now. City Manager Gary Esplin explained that funds for downtown can be looked at during the budgeting process. The consensus of the Councilmembers is to support this event. Mr. Mortensen explained that it takes four hours to put up the stage. The street would have to be closed at 2:00 p.m. Ms. Thorpe commented that they will return to request approval for the Jazz Garden as they would like to start in April. They created a plan that could be independent of City resources. Mr. Mortensen stated that there is a problem with timing. It does not seem to work out with the Division of Alcohol and Beverage Control, timing is too tight. St. George City Council Minutes February 26, 2015 Page Seven REPORTS FROM MAYOR, COUNCILMEMBERS AND CITY MANAGER: Councilmember Hughes mentioned that City Attorney Shawn Guzman secured $2,500 from Randy Fields to train animals at the Animal Shelter. He asked if the Councilmembers knew of a citizen at large that could be appointed to the Animal Shelter Board. Mayor Pike mentioned that he attended the MPO meeting. A decision has to be made on the Mall Drive underpass. He explained that there are less expensive ways to do the underpass if federal dollars do not have to be involved. Councilmember Randall mentioned emails she received on the signs on the Sheffield properties on River Road advertising commercial and the Red Hills Golf Course clubhouse. City Manager Gary Esplin stated that it will co...

...a motion to pass. AWARD OF BID: Consider award of bid for purchase of golf carts for City golf courses. Purchasing Agent Sue Swensen presented three bids received: E-Z Go Carts $97,060; Intermountain Golf Cars $98,100; Highland Equipment $99,920. Staff recommends award of the bid to the second low bidder, Intermountain Golf Cars, if they can meet the delivery date of September 29. Councilmember Gardner inquired of Golf Director Dave Terry if it was true that the 36 volt battery in the E-Z Go Cart did not hold a charge as long as the 48 volt battery in the Club Car and Yamaha golf car. St. George City Council Minutes August 17, 2000 Page Two Mr. Terry replied that all three companies produce quality carts, and E-Z Go disputes the industry claim that their battery is not as good as the 48 volt. However, in speaking with the Director of Golf for Salt Lake County who had a run-off of three carts, the 36 volt cart ran out of charge two 18-hole rounds before the 48 volt battery. The City must act on the information it has, and in addition, all the carts owned currently by the City are 48 volt, and it would pose a challenge to have different chargers for different carts. Councilmember Whatcott commented that the $26.00 difference in price per cart was probably not worth the extra effort maintenance-wise. Mr. Terry advised that the City purchases 40 golf carts every year which allows the entire fleet to be rotated every seven years. The industry standard is to rotate every five years, and the City is only three years into this program and may have to revise it in order to provide a quality golf experience. A motion was made by Councilmember Whatcott to award the bid to Intermountain Golf Cars in the amount of $98,100, dependent upon meeting the delivery date of September 29. The motion was seconded by Councilmember Gardner, who commented that all golf-course related expenses are paid from the Enterprise Fund and not by tax dollars. Mayor McArthur inquired what would happen if Intermountain Golf Cars could not meet the delivery date. He was advised staff would the...

...ld work around her business, even if it were nicely done. DISCUSSION RE GOLF: Dennis Dargon advised that he represented local golfers who were upset with the recent rate increase. He distributed a spread sheet. Council Member Whatcott advised Mr. Dargon that there was no rate increase June 1 through October 1. Mr. Dargon replied that he had a season pass. Mr. Esplin advised Mr. Dargon that a season pass allowed him to play for $4.00 a round, when it costs $12.00 a round to maintain the course. Mayor McArthur commented that the City had to recoup its costs, and golf is paid for by golf. Mr. Dargon inquired why golf had to be self-supporting, and commented that it should be treated like other sports. Mr. Esplin replied there are not enough local golfers to warrant operating four courses, and if there were only two golf courses, Mr. Hargan would never be able to book a tee time. The Economic Development Fund has put $500,000 in the General Fund to help pay for golf. Additionally, the City is not proposing that it put $1,000,000 into the softball fields every year. Mr. Dargon suggested that groups of five be allowed to play on the courses which would provide a 20% increase in revenue per tee time. Council Member Whatcott replied that this would allow less players on the course than foursomes. City Manager Gary Esplin commented that the City cannot afford to have golfers play for less than it costs to maintain the courses. Council Member Gardner explained that the matter was discussed specifically in a meeting devoted to golf, the Spectrum had an article about the proposed increase on the front page, two public notices were published, and it was posted as required by law. Additionally, the City stopped selling passes at the golf courses and advised the golfers about the upcoming meeting, and a good discussion was held which clarified the action taken to raise the fees. St. George City Council Minutes February 9, 2006 Page Five Mr. Dargon suggested a citizen advisory committee on golf be formed, or the courses leased out under private management. Mr. Esplin advised Mr. Dargon that he could purchase a pass good for unlimited golf on all the courses four months of the year for $100. He could then take the remaining $250 and use that to play at other times. The City must get people on the courses who are willing to pay the rack rate in order to subsidize the local golfers. Support Services Manager Marc Mortensen advised that a brand new marketing campaign is in the works. Council Member Whatcott commented that everyone else was paying for the pass player, but this has now been changed to make it more fair for everyone. The City still offers a good round of golf for a reasonable price, and Mr. Dargon?s numbers were incorrect. Council Member Allen commented that golf rates had not been raised in three years, and the increase amounted to...

...nt with the Utah Department of Transportation for Phase I of the Southgate Golf Course project. City Manager Gary Esplin explained that the Southgate Golf Course has to be modified in order to allow the new Southgate interchange to be constructed. Four new golf holes will need to be built to the west of the current golf course and the holes will have to be seeded by May 31 to be ready for play by this October. Nine holes will have to be closed from May to the end of September for renovation work. All of this will be done with UDOT funds. The City is not contributing anything other than staff time to design the course and review the plans. UDOT is paying the City to handle construction of the project in the amount of $1,049,582.14. UDOT will give half of this amount to the City upon signing the agreement with another 25% on March 1 and another 25% on April 1. The City will use the funds to pay the bills for construction of the course. He recommended approval of the agreement subject to legal review. He stated he did not anticipate expenditure of any City funds for this project. He advised that the bid will have to be let so when the City closes nine holes of the course on May 1 construction can begin so the season which begins October 1 won’t be missed. All 18 holes will have to be open by then. MOTION: A motion was made by Councilmember Shakespeare to approve the agreement subject to legal review. SECOND: The motion was seconded by Councilmember Pike. VOTE: Mayor McArthur called for a vote, as follows: Councilmember Shakespeare - aye Councilmember Pike - aye Councilmember Almquist - aye Councilmember Bunker - aye Councilmember Nickle - aye The vote was unanimous and the motion carried. St. George City Council Minutes January 14, 2010 Page Two AWARD OF BID: Consider award of bid for construction and related items for Phase I of the Southgate Golf Course project. City Manager Gary Esplin advised the City went out to bid for reconstruction and remodeling of holes two through five. The project is self-contained into the gravely area along the river over to Indian Hills where the homes sit. Ten bids were received. The low bid was submitted by JP Excavation at $1,008,758.14. The high bid was $1,732,547.32. The average bid overall was $1,302,598. The second low bid was submitted by Desert Hills at $1,064,326.19 and the third low bid was submitted by Wadsworth at $1,164,469.88. The bid also called for two alternates - a PVC liner for the lake and sodding of the entire fairway and tees. Both low bidders are local. Rick Rosenberg stated the short timeline is a concern and experienced people are needed to build the course. A qualification questionnaire was completed by bidders. City Manger Gary Esplin commented it is critical to have an experienced shaper - someone who shapes the greens and different elevations within the course. Staff was concerned that whoever was selected could provide a qualified shaper. Mr. Rosenberg advised that the two low bidders were asked to provide additional resumes for their shapers and their references were checked. After completion of this process, it was agreed that JP Excavation had qualified people to complete the work. This is the recommendation. City Manager Gary Esplin advised that a fence will have to be placed along Indian Hills Drive paralleling the road. Bret John introduced Steve with Wadsworth Golf, the third low bidder. He stated after the bids were opened there was a lot of discussion and discrepancies about who was going to do the shaping. He stated they wanted to see how things worked out and what was resolved. He advised that Wadsworth has built a lot of golf courses. Councilmember Almquist inquired if the lake tied into the reuse system. Mr. Rosenberg replied that four different sources of water will be used. City Manager Gary Esplin displayed the golf course site plan and explained the changes to be made. He advised the City has applied for an enhancement grant for a trail through the project. Councilmember Almquist inquired why staff feels JP Excavating can deal with all the slopes and grading better than the next bidder. Mr. Rosenberg replied that one of JP’s subcontractors, Cordova, has significant golf course experience and has done a golf course in Mesquite and also the Sand Hollow Golf Course. Their references have been verified and Jerome Jones has experience with them. St. George City Council Minutes January 14, 2010 Page Three City Manager Gary Esplin advised that JP Excavating and all their subcontractors will have to certify their payrolls through e-verify before any payments are made, just like any contract with the City. MOTION: A motion was made by Councilmember Bunker to award the bid to JP Excavation in the amount of $1,008,758.14. SECOND: The motion was seconded by Councilmember Shakespeare. Mayor McArthur inquired if the alternates were included in the award. Rick Rosenberg replied that they were not. City Manager Gary Esplin commented that they would only be included if the state agreed to give the City the funding for them. Councilmember Almquist inquired if the bid included any tree spading or removal from the existing golf course. Mr. Rosenberg replied that some trees are being relocated,...

...s is a win/win situation for the City and the developer. It will help the golf course in cleaning up an area with a lot of weeds and is less dense than the original application. Council Member Orton commented that he thinks all of the issues discussed previously have been resolved. Council Member Whatcott made a motion to approve the development agreement with Sun Hill Homes LLC. Council Member Gardner seconded the motion. The vote was as follows: Council Member Gardner: aye Council Member Allen: aye Council Member Whatcott: aye Council Member Orton: aye Motion carried Consider approval of a concessionaire agreement for operation of the food and beverage service at the St. George and Southgate Golf Courses. City Manager Esplin explained there have been problems keeping concessionaires at the golf courses. The applicant is currently providing concessions at the Dixie Center and has a history in the food service business. He explained the staff is comfortable with the applicant. The only concern is the representation of the two facilities with regard to improvements. He advised the City can't commit to any improvements other than minor repair work that would bring the facilities up to code. He indicated that perhaps in the future there will be funds for additional improvements, but at this time there are no funds for improvements other than those required to bring the facility up to health code specifications. Council Member Orton asked what hours the concessions will be open. Dave Terry indicated the general snack bar/concessionaire agreement that was used in the past will be fine tuned and used for this situation. It states any hours the course is open and has players the snack bar is to be open. He indicated the concessionaire may have all their staff on the golf course if it is feasible for the situation. Council Member Allen commented that many of the improvements listed are things that need to be done like oven repair, fire suppression system and asked if those things will be repaired. Dave Terry explained those types of repairs have to done to meet health codes and will be made. He explained that Fairway Catering needs to understand some of the improvements listed may be made in the future and the City can't commit to a time frame. Council Member Gardner commented that if the issue of improvements concerns the applicant, they are free to back out of the agreement. Wayne Sittre with Fairway Catering commented that he understands the agreement stipulates that the facilities will be up to code, as his company does not want to be in a position of bringing the facilities up to code. As far as other design changes, he realizes those will be done sometime in the future. Council Member Allen made a motion to approve the concessionaire agreement for operation of the food and beverage service at the St. George and Southgate Golf Courses. Council Member Orton seconded the motion. The vote was as follows: Council Member Gardner: aye Council Member Allen: aye Council Member Whatcott: aye Council Member Orton: aye Motion carries. Consider approval of a golf course reservation and tee time system for the City's golf courses. Dave Terry reviewed the phone reservation system used in the late 1990s. He explained that due to Y2K issues and the vendors' inability to service the project, it was decided to discontinue the service. He indicated he has been investigating alternative options for the last 2 1/2 years. The proposed system will capture email addresses on all users to allow for mass mailings. The system allows the office staff to see tee sheets at each golf course, which will help in the effort to be more effective in building marketing over the entire golf course system. A key benefit is that the on-line internet tee time reservation system is free to the end user (golfer). Other systems he evaluated charge a premium to the end user. He explained the staff thinks it's important not to charge a premium to users who book through the internet. The system is called Golf Gopher; huge financing of a large computer company on the east coast backs it. The upfront costs are affordable, the vendor is great to work with, has good references. Council Member Orton asked what other courses in Utah use this system. Dave Terry indicated there no other Utah courses using it at this time. Salt Lake County is considering the system. The company is based in Arlington Virginia. City Manager Esplin commented that one problem it does create, is the system is internet based only, so those without access to a computer will have to be book tee times manually. Dave Terry indicated manual booking would still be available; this system will work for out of town golfers and those making tee times at night. City Manger Esplin commented the system also provides links to hotels and other group packages so visitors to St. George can book a hotel room and a tee time at the same time. Payment will be guaranteed with a credit card at the time of booking, staff will determine the refund policy. Dave Terry explained the refund policy is important because there is a significant no-show problem right now. A credit card guarantee should eliminate that problem. He indicated the plan is to expand the credit card guarantee policy to manual bookings. Council Member Orton commented he made reservation in Page AZ on the internet last year, it was very easy to do, the system had various coupons and times available. Council Member Whatcott asked concerning the busy time of the year and how the pro shop will know what the internet users are booking and how conflicts will be avoided. Dave Terry explained if DSL internet service is not available, this system won't work. The tee sheet is electronic, so the employee booking a tee time over the phone will see the entire day, updated as internet and phone bookings are made avoiding conflicts. City Manager Esplin explained there are economic development funds available for this purchase. He feels this would be an appropriate way to use those funds. However, there are some operational funds to budget for. Council Member Orton commented that he agrees with the recommendation, but this program should increase revenues. City Manager Esplin agreed it should. He explained staff has been meeting to address some of these issues. Council Member Gardner commented the decision to go with a computer based program was a tough thing for the golfers to go with in the past. He is assuming staff has looked at this somewhat skeptically to see if is a leap forward. Dave Terry commented that staff has reviewed this decision in detail. Council Member Gardner made a motion to approve the Golf Gopher reservation and tee time system for the City's golf courses. Council Member Allen seconded the motion. The vote wa...

...opment) zone with proposed single family residential lots, two (2) 18 hole golf courses, church site, a fire substation site, a hotel/spa site, and a commercial center on approximately 1,150 acres. Located south of Winchester Hills along Highway 18. The applicant is Mr. Randy Freston, Ledges Partners. Case No. 2007-ZCA-023Community Development Director Bob Nicholson said they considered an amendment to a zone change in November 2006. Bob presented the site plan for the original project back in November 2006. He pointed out the very low density around the Winchester Hills. It was approved for 1 home per acre. It was decided instead to have a 100 ft. buffer around that area. Bob said the project has decrease in the number of homes. Back in 2006 they dropped down from 2,700 to 2,400. There will be a second golf course that will be 18-hole. They have also included a number of neighborhood parks. Their text did indicate that they will change from 2,400 to 2,300. Now they would like to maintain the 2,400 that they had approved for back in 2006. The roads on the east side of the round-about are public streets. They are proposing a resort/spa adjacent to the open space area. They have maintained the connectivity to Winchester Hills to the north. Staff asked for pedestrian area for the natural area of open space.Jason Myers one of the developers of The Ledges said before Planning Commission opens this up to the public he would like to said they would like to keep their density. Noble Keck a Winchester Hills resident said his realtor indicated that this property behind him was supposed to be very low density. Now what The Ledges are proposing is a buffer with cul-de-sacs that will cause 90 homes to be behind his property. He would like to see them use natural vegetation to reduce using a lot of water. They would like to be included into the infrastructure and the plans. PLANNING COMMISSIONPage FifteenNovember 13, 2007Bob Nicholson said instead of being acre lots the homes would be clustered. Staff is not suggesting any change to having one home on one acre lot and keep the 100 ft. buffer between The Ledges and Winchester Hills. John Sock lives in Winchester and he is concerned about the cluster of homes and if the neighbors of Winchester will be looking at a solid wall and lights. Greg Mathis is a neighbor to The Ledges. He feels the round-about’s are an issue. They narrow down in the access. He lives near the commercial area. He asked if the clusters are single-family homes or multi family. Randy Freston replied that the homes are single-family. He feels what they are proposing is fair. Greg said he is concerned about the additional 18-hole golf course. They are pumping out of their water supply to water the existing golf course. Randy said there is a 3-year option on the new golf course. They have been working on the water and they plan on having enough water for the two golf courses. They should have the reused water in that time period.MOTION: Commissioner Bracken made a motion to recommend to City Council approval of an amended PD zone request for the previously approved “Ledges” PD (Planned Development) zone with proposed single family residential lots, two (2) 18 hole golf courses, church site, a fire substation site, a hotel/spa site, and a commercial center on approximately 1,150 acres. Located south of Winchester Hills along Highway 18, to include the access trail to the natural park and that they stayed with the 24 homes. Commissioner Taylor voted aye Commissioner Nobis voted ayeCommissioner Campbell voted aye Commissioner Bracken voted ayeCommissioner Hullinger voted aye Commissioner Burks voted nay Motion passes 5 to 1 in favor.B. Consider a zone change from M&G (Mining & Grazing) to PD-RES (Planned Development Residential), PD-COM (Planned Development Commercial), Open Space (OS), Airport Supporting Business, Airport Vicinity Industrial, Commercial Mixed Use, C-2 (Highway Commercial), R-1-10 (Single Family Residential 10,000 sq. ft. minimum lot size), and R-3 (Multiple Family Residential) on approximately 2,432 acres. The site is located in the south east corner of St. George, south of the proposed replacement airport and north of the Utah-Arizona border. The applicant is Desert Canyons Development. The representative is Mr. Curt Gordon. PLANNING COMMISSIONPage SixteenNovember 13, 2007 The proposed PD zone will include mixed residential, commercial, open space, parks, an 18-hole golf course, and related land uses. Case No. 2007-ZC-022 Bob Nicholson presented this item. The zoning is basically similar to the General Plan. This is a large parcel 2,432 acres. It is along the Utah/Arizona line. The first comment is;1. There are numerous zoning districts proposed for the 2,432 acres. The Ft. Pierce Wash and proposed Southern Parkway bisect this parcel. An 18-hole golf course along the Ft. Pierce Wash and on some property currently owned by St. George City.2. Circulation and Road Master Plan. A Traffic Impact Study has been submitted to the City for review. Staff comments have been sent back to Orth-Rodgers and a final TIS is needed. The conceptual circulation plan proposed for Desert Canyons needs some corrections/updates to comply with the City Road Master Plan. Those corrections include showing road access to Arizona; connecting proposed 90' arterial road in NW corner of project area; extending roadways into all planning areas; extending 90' arterial road in Neighborhood 2 north into adjacent property; and showing road right-of-way widths consistent with the City’s Road Master Plan. Also street cross-sections should conform to the adopted City street standards.3. Low-water crossings through the Ft. Pierce Wash is not acceptable, rather bridges will be required when crossing the Ft. Pierce Wash.4. Schools and churches should plan their access from side streets and not off of arterial roads.5. The trail standard calls for minimum 10' width (8' pavement with 2' shoulders). Additional coordination is needed with the City Parks Dept. regarding trail locations.6. Ft. Pierce Wash and associated flood plain. The area impacted by a 10-year flood will not be altered except in proximity to bridge crossing. A golf course, natural open space, a public park will be the primary land uses within the 100-year flood plain with only minor incursion in proximity to a “town center commercial area”. Generally the plans for the Ft. Pierce Wash flood plains are considered appropriate and a ‘model for other projects along the wash.”7. Section 3.8 in the text (p 37) states that the alternate use for a 38 acre portion of the proposed golf course would be an industrial/manufacturing M-1 zone, but this should require a rezone application and hearing rather than approve the alternate M-1 zone at this point.8. The City has adopted a temporary Density Bonus ordinance for the Little Valley Plan area with the final ordinance coming before the Planning Commission and City Council in the coming weeks. This density bonus plan allows developers to “earn” additional density through the provision (and improvements) of parks and trails and other amenities. The density bonus program may be extended to other developing areas such as Desert Canyons, and a Development Agreement will be needed prior to granting the zoning as requested in this application. The density bonus program would require the developers to agree to improve the areas already set aside for neighborhood and community parks.PLANNING COMMISSIONPage SeventeenNovember 13, 20079. The Desert Canyons project is a large (2,432 acre) complex project with 10 separate zoning districts proposed. There are 3 interchanges planned off the Southern Parkway in the project. This project deserves consideration in more than one Planning Commission meeting. Staff feels the Planning Commission should consider the applicants plans and staff comments and also any comments from surrounding property owners, and then allow the applicants time to update their project plans based on the input provided by staff and by Planning Commission members. This will enable the applicants to complete their Traffic Impact Study prior to zoning approval and also provide time for the City to further refine the proposed density bonus program which could apply to this project.Curt Gordon presented a power point presentation. The General Plan was adopted in August 2007. The special places are being preserved in their land plan. They have 3 major neighborhoods in their plans. He said 30% of their project is planned as open space. They designed their project to be airport friendly as they can. They plan on 6,317 units, (get the numbers from their general plan book). They will have ten zones for this area. They have design guidelines for these zones. For the most part the residential categories are located in the southwest area. The residential areas are setback from the wash area. There are 5 zones for the commercial area. They will have 845 acres of Open Space throughout the development. Curt said in their park plan there are informal plans and more formal parks with ball fields. There is a wide variety for the parks. The trail network ties the project together. Before anyone could do a project they would have to go through an architectural control committee. He presented rendering of what they forsee the development of homes to look like. They established a loop road so they can get to any section of the development. Commissioner Burks asked how different is this from the Leucadia that was shown to them. Curt said the major difference is there is more open space and higher density and only one 18-hole golf course instead of two. The residential in this plan is pushed towards...

...: Consider award of bid for the purchase of mowers and a sprayer for the Golf Department. St. George City Council Minutes October 4, 2001 Page Two Purchasing Agent Sue Swensen recommended that only one fairway mower be purchased at this time, along with two greens mowers and one spray rig. The total amount of these items is $83,400, and the City will pay for them via a three year lease with Rocky Mountain Turf. She advised the annual payments will be $38,000 at 5%. City Manager Gary Esplin explained that the other fairway mower for Dixie Red Hills will be rebid as more horsepower is needed due to the bermuda grass on this course. He advised that the mowers will be substituted for other capital items in the current budget. Golf Director Dave Terry advised that the spray rig and fairway mower is going to Sunbrook, and one greens mower is going to St. George Golf Club. A motion was made by Council Member Whatcott and seconded by Council Member Gardner to award the bid as recommended by the Purchasing Agent. Mayor McArthur called for a vote, as follows: Council Member Whatcott - aye Council Member Gardner - aye Council Member Isom - aye The vote was unanimous and the motion carried. SPECIAL EVENT PERMIT: Consider a request for approval of a special event permit for a carnival at the Red Cliffs Mall October 11-14, 2001. City Manager Gary Esplin advised that the applicants have permission to use the former Walmart parking lot for the event, and it appears to meet all City requirements. A motion was made by Council Member Isom and seconded by Council Member Whatcott to approve the special event permit as requested. Mayor McArthur called for a vote, as follows: Council Member Isom - aye Council Member Whatcott - aye Council Member Gardner - aye The vote was unanimous and the motion carried. BEER LICENSE AND LOCAL CONSENT: Consider a request for approval of a beer and restaurant liquor license for Chili?s Southwest Grill located at 311 North Red Cliffs Drive. City Manager Gary Esplin advised that Chili?s currently has a beer and restaurant liquor license, but the parent company is taking the restaurant back and a license in their name must be obtained. All requirements of the ordinance have been met. A motion was made by Council Member Gardner and seconded by Council Member Isom to approve the beer license and local consent for a restaurant liquor license as requested. Mayor McArthur called for a vote, as follows: Council Member Gardner - aye Council Member Isom - aye Council Member Whatcott - aye The vote was unanimous and the motion carried. St. George City Council Minutes October 4, 2001 Page Three ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT/ORDINANCE: Consider approval of an economic development incentive agreement. City Manager Gary Esplin explained that the City?s current economic incentive program provides for an incentive for a new business which does not compete with other established businesses in the community and which pays a higher wage plus benefits. The company in question is a large bank which has a call center for its own credit card customers. It is proposed that over a five year period of time, the company would be reimbursed up to one-half of 1% of the annual salaries to a maximum of $100,000. The company proposes to fill 200 positions with a pay range between $25,000-$100,000. Washington County Economic Development Director Scott Hirschi advised the company has a maximum employment potential of 235 positions with the average pay over $29,000. Moreover, the company would qualify for an incentive because its average wage is at least 30% above the prevailing wage in the County, as well as providing an excellent benefit package. The company is looking for long term career employees. The call center is not a true call center in that sales will not be solicited over the phone, but instead the company will only be servicing their existing accounts, and in actuality is a financial service center. They will be constructing a new building in the City and will provide significant revenues for the government as well as new jobs, and will not be competing with any existing financial institutions. City Manager Gary Esplin explained that the basis upon which a decision must be made by the City Council is if the return to the community is greater than the incentive made. He invited the City?s Finance Director to make a report to the City Council. Finance Director Phil Peterson reported that state law requires that in order to provide an incentive for a new business, an independent study be made as to the economic impact of the business, and the impact must be greater or equal to the incentive. He advised that he contacted the Utah Economic Development Corporation, and based upon information received from them, all requirements of State law will be met. A motion was made by Council Member Gardner and seconded by Council Member Whatcott to adopt an ordinance relating to economic development that authorizes the Mayor to sign an agreement assuring the establishment of Consumers First National Bank in St. George, Utah. Mayor McArthur called for a roll call vote, as follows: Council Member Gardner - aye Council Member Whatcott - aye Council Member Isom - aye The vote was unanimous and the motion carried. COST-SHARING AGREEMENT: Consider approval of a cost sharing agreement for a drainage project in the east part of St. George. City Manager Gary Esplin advised that the developer is willing to put an additional $25,000 toward the project to extend the major storm drain line along 2450 East to benefit the rest of the City. The City will be required to pick up the balance of $85,000. He explained that each year funds are budgeted in the wastewater budget and capital budgets to match developer contributions such as this. Assistant City Engineer Jay Sandberg advised that the project will be completed in approximately three weeks once the agreement is approved. St. George City Council Minutes October 4, 2001 Page Four A motion was made by Council Member Isom and seconded by Council Member Whatcott to approve the agreement as presented. Mayor McArthur called for a vote, as follows: Council Member Isom - aye Council Member Whatcott - aye Council Member Gardner - aye The vote was unanimous and the motion carried. APPLICATION CONCEPT FOR MPO PROGRAM: Consider approval of the application concept for the Dixie Transportation Planning Projects under the MPO program. City Manager Gary Esplin advised that as part of the MPO program the City will be participating in due to its population, the City will now have to complete with other projects throughout the State. The projects are submitted to a board, prioritized, and then funded with federal funds. The format and prioritization criteria will be used to evaluate each project. Council Member Isom inquired if a priority list had been established, and she was informed that the City has not yet submitted any projects, but will by the month end. Public Works Director Larry Bulloch advised the annual allocation is $800,000, and projects totaling ten times that amount have been submitted. City Manager Gary Esplin advised that the City already has a long term master plan, therefore it will be easy to submit a list of projects chosen from this list. Mr. Bulloch advised it was important to receive feedback from elected officials on the criteria for selecting projects. For example, if traffic congestion is important, then those types of projects should surface first. City Manager Gary Esplin commented that as far as a format, if Mr. Bulloch was suggesting that criteria be weighted, the City Council has not had an opportunity to discuss that. Mr. Bulloch agreed that the criteria should be discussed in depth. Mayor McArthur advised he thought this item concerned approval of a concept adopting the application process, but if weighting criteria was needed, the matter should be postponed. Mr. Bullcoh recommended the matter be discussed in a work meeting. Beginning November 1 an evaluation of the projects based on what the Council wants will take place. A motion to table the matter until the next City Council meeting was made by Council Member Gardner and seconded by Council Member Whatcott. Mayor McArthur called for a vote, as follows: Council Member Gardner - aye Council Member Whatcott - aye Council Member Isom - aye The vote was unanimous and the motion carried. INTERLOCAL AGREEMENT FOR SHOOTING PARK: Consider approval of an interlocal cooperation agreement providing for creation and operation of the Southern Utah Shooting Sports Park Agency. St. George City Council Minutes October 4, 2001 Page Five City Manager Gary Esplin advised he did not think the applicants knew this item was on the agenda for discussion, however, while the facility will be a benefit to the community, he was concerned about funding and the provision that if the City did not participate in the funding, it would be excluded from use of the facility. He suggested tabling the matter until the applicant could be present. Mayor McArthur advised he was told the City would not have any financial obligation, but agreed with concerns expressed by Mr. Esplin. Mr. Esplin advised that under the agreement, the City legally would not have any financial obligation, and if so, then why be a part of the entity? However, it should be determined whether or not funds must be contributed to the project on a long term basis in order for it to succeed. Council Member Isom commented she was advised the City?s shooting range could be shut down because it is located on private property. Police Chief Marlon Stratton replied that this was not the case, and the City had a perfectly good shooting range, in fact, the best in the State, and the Police Department is very happy with it. He stated he did not believe it would be beneficial for the City to participate in the proposed shooting range as the City?s range is adequate. However, the City?s options should be kept open. City Manager Gary Esplin commented the proposed facility is more than a pistol range - it is also for archery, rifles, etc., but the City has already made a significant investment in its own shooting range and to recreate it would cost thousands of dollars. Mayor McArthur commented that while he thought the proposed shooting park was a great concept for public use, if the City participates, it should be at a different level than the other entities. Council Member Whatcott commented that while the proposed shooting range is a good concept, he had a problem with using City funds because the City already has a shooting range. Additionally, funding of this shooting park is no different than funding of the City?s golf courses and those who play should pay. Mayor McArthur advised the applicants have a $200,000 grant which will be used over the next five years. If the City is going to be involved with other cities in the project, an interlocal agreement must be entered into. City Manager Gary Esplin stated that a key issue is if the proposed shooting park will be enterprise fund related, or will be a general fund expenditure like a park. Only a person with a gun will use the shooting park. Mayor McArthur advised the matter will be tabled until the applicant is present. GOLF COURSE PRE-BOOKING FEES: City Manager Gary Esplin explained that after evaluation of the City?s golf course operation and its need to increase revenues, Golf Director Dave Terry has looked at other communities to try and determine a way to maximize revenues. The City has had trouble meeting its expenses at the courses, and is proposing a pre-booking policy. At the present time tee times can be booked 14 days in advance or six months in advance if staying at a local motel. Other communities reserve tee times 60 days in advance if a premium is paid for that reservation. The charge for this service is proposed to be $10 per player. Recognizing that the City would not want to book all of its tee times this far in advance, it is proposed that only a third of the tee times be allowed to be booked 60 days in advance. Mayor McArthur suggested the available tee times be interspersed throughout the day so that the most desirable times were not all taken by 60 day advance reservations. St. George City Council Minutes October 4, 2001 Page Six City Manager Gary Esplin commented the City?s goal was to maximize revenues during the premium time of day. Council Member Gardner commented he felt the proposal was a good concept, and inquired if the City could go further out than 60 days. City Manager Gary Esplin advised if the golf patron was allowed to do this, he or she would then not need to go to area motels to get the advance booking package. He explained that the City was at a disadvantage right now, as Coral Canyon and Entrada allow their patrons to book in advance for a fee. A motion was made by Council Member Gardner to approve the policy with a 60 day advance tee time. Golf Director Dave Terry clarified that the rate would be the posted rate, not the discount card or punch card rate. There would also be mandatory cart rental. The motion was seconded by Council Member Whatcott. Mayor McArthur called for a vote, as follows: Council Member Gardner - aye Council Member Whatcott - aye Council Member Isom - aye The vote was unanimous and the motion carried. Golf Director Dave Terry advised that a minor amendment to the hotel policy is also proposed. In an effort to maximize revenues to ensure success of the Golf Enterprise Fund, the City will be more aggressive in its marketing eff...

... Sunhill Homes LC has submitted a bid for construction of the new Sunbrook Golf Course Clubhouse at $951,000. This is a firm bid and will not require change orders. Rosenberg Engineering has reviewed the plans which were drawn by Mr. Olsen’s sister. Mr. Olsen will give the City $300,000 for the project, which will result in an actual cost to the City for construction of the clubhouse of approximately $651,000. This amount is $50,000 - $60,000 more than the City originally thought it would have to spend, but will result in a cost to build the facility of $47 a sq. ft. The City will also have joint use of Mr. Olsen’s parking lots, and in exchange asks that the City allow him to use City property to place an entrance sign to the Sunbrook Golf Course and Sunbrook residential communities. This sign will be for all residential properties in Sunbrook, not just Mr. Olsen’s. He will pay for the total cost of the sign. He also requested an opportunity to make advance tee times - two in the morning and two in the afternoon, two times a week, for his residents. They will pay the full price and will be treated the same as other paying customers, similar to motel packages offered throughout the City. The contract has been reviewed by the City Attorney. The City will extend the Sunbrook bond issue for three years which will generate $900,000 which the City will use to replace bridges at Southgate and Sunbrook, construct cart paths at Sunbrook, Southgate, and the St. George Golf Club, and make other improvements to the courses. Mr. Olsen will also construct the parking lot at his expense. A motion was made by Councilmember Whatcott to approve the agreement with Sunhill Homes LC for construction of the Sunbrook Golf Course Clubhouse. The motion was seconded by Councilmember Orton, and all voted aye. St. George City Council Minutes June 29, 2000 Page Two DISCUSSION WITH BLOOMINGTON COUNTRY CLUB RE CREATION OF NEW LOTS: Present for this discussion were Richard Abbot, Doug Hunt, and Don Oborn, representing Bloomington Country Club. Mr. Abbott explained the Country Club property consists of 140 acres, only 80 of which is used for the golf course. The remainder is a large greenbelt area. They are proposing to develop with residential units a maximum of two to three acres to discourage access to the golf course by unauthorized persons, provide security, and also raise funds to redo the irrigation system and pay outstanding debt. He displayed a map and photos of the area. Councilmember Whatcott commented that many Bloomington residents paid a premium for their lots because they were view lots of the golf course. He advised a public hearing would be necessary for the zone change. Councilmember Gardner commented that development of some of the proposed lots would take away from the aesthetic value of the area. Councilmember Orton commented he too would hate to see part of the golf course view taken away. Doug Hunt commented that most private country clubs are completely fenced for liability and security reasons. Mr. Oborn advised that the area around Hole 18 would have to be secured at some time as the course is suffering damage from unauthorized vehicles. Mr. Abbott advised the Country Club spends $700,000 - $800,000 a year to maintain the golf course, but it has no obligation to keep it beautiful for people who are driving by. Councilmember Orton commented that the Bloomington area is beautiful because of the golf course. Councilmember Whatcott suggested a neighborhood meeting be held before scheduling the matter with the Planning Commission. Mr. Oborn stated that security would have to be implemented eventually, and inquired if it would be nicer to see new patio homes or a chain link fence around the golf course. Councilmember Orton stated he could justify development fo...

... is drainage from a public street into a private street or visa versa.2. A Golf Hazard Note is required on the final plat.3. A Golf Hazard Corridor line should be shown on the preliminary plat similar to what Sunbrook and Sun River Planned Development have provided.4. This phase would have to be subject to the dedication of public right-of-way (90 ft. Boulevard R.O.W.)5. Sidewalks are required on both sides of the public street. The 90 ft. cross-section only shows sidewalk on one side of the road.6. Details on the raised median improvements and maintenance within the 90 ft. right-of-way are to be finalized and spelled out.7. A slope analysis map is to be provided. The Ledges PD is within the hillside development overlay zone.8. This phase should be subject to the City Traffic Engineer comments.9. This request should be continued until the above items are provided for and/or can be addressed. PLANNING COMMISSIONMay 10, 2005Page TenThe Ledges Phase 21. This phase would have to be subject to the dedication of public right-of-way (frontage road).2. This is the phase where there is a proposed gage. Consideration of the gate and clarification of street right-of-way type (public vs. private) should be discussed and determined. One of the challenges is drainage from a public street into private streets or visa versa.3. A Golf Hazard Note is required on the final plat.4. A Golf Hazard Corridor line should be shown on the preliminary plat similar to what Sunbrook and Sun River Planned Development have provided.5. A slope analysis map is to be provided. The Ledges PD is within the hillside development overlay zone.6. This phase should be subject to the City Traffic Engineer comments.7. This request should be continued until the above items are provided for and/or can be addressed. The Ledges Phase 31. This phase would have to be subject to the dedication of public right-of-way.2. This phase would require public streets because there are four connectivity points from public streets. Also there would be drainage issues between flow public streets into private streets and visa versa.3. Clarification on how the common area/open space is to be maintained and what is allowed in the buffer area.4. Sidewalks are required on both sides of the public street. The 90 ft. cross-section only shows sidewalk on one side of the road.5. Details on the raised median improvements and maintenance within the 90 ft. right-of-way are to be finalized and spelled out.6. A slope analysis map is to be provided. The Ledges PD is within the hillside development overlay zone.7. This phase should be subject to the City Traffic Engineer comments.The Ledges Phase 41. This phase would be part of the proposed gated community. Consideration of the gate and clarification of street right-of-way type (public vs private) should be discussed and determined.2. Lot frontage width. Consider the flag lots types.3. A Golf Hazard Note is required on the final plat.4. A Golf Hazard Corridor line should be shown on the preliminary plat similar to what Sunbrook and Sun River Planned Developments have provided.5. A slope analysis map is to be provided. The Ledges PD is within the hillside development overlay zone.PLANNING COMMISSIONMay 10, 2005Page Eleven6. This phase should be subject to the City Traffic Engineer comments.7. This request should be continued until the above items are provided for and/or can be addressed.Commissioner Clayton said from Randy’s standpoint he wants to know how close they are to the slope analysis map. Randy Deschamps passed out an outlined memo which addressed staff’s concerns. Randy Deschamps said he wasn’t aware that he would have to have the slope analysis submitted to staff before this meeting. It has been completed for some time now. Randy said they were not concerned about the hillside or the slope analysis until last week and saw it was an issue on the agenda. Randy said they have received an agreement from UDOT to move forward with their plans. If they build the roundabouts at their expense then UDOT will give back 11.5 acres along the right-of-way. Many of the items staff has listed have been addressed or are almost addressed. There will be private streets in between the collective roads. Randy said the 90 ft. road in the entire project on the east side of the road will be public roads. On the west side of the road they will do private roads. He said regarding the golf hazardous corridor every lot that is adjacent to a fairway would be in that corridor and would sign a waiver of liability, trespass, and stray golf balls. The sidewalk on one side of the 90 ft. road, typically there is a sidewalk on the two sides, what they have done is taken the two sidewalks and the two sides and put them together to the increase width and meander it down to one side. If that is something the City does not want them to do then they can change back to the two sides. Bob Nicholson said it is their understanding that all the roundabouts will go in during the first phase. Randy said that is correct. Jay Sandberg said on the traffic study the concern Aron Baker City Traffic Engineer has is that the development really puts U-18 at its capacity. This development basically states that UDOT is taking responsibly for that because it is a UDOT highway. The City just doesn’t want to be put into a position where if U-18 reaches capacity then the City would be responsible for widening or adding an additional lane to that road. That is one of the concerns that Aron Baker had as a traffic engineer. Randy’s memo was to address that concern the City has. Jay said he still hasn’t seen a signed document from UDOT yet. Jay pointed out the different phases of the project before us tonight and pointed out the access points. As far as the private and public roads, they have a 29 ft. section that is for short low volume streets. Jay said there is a lot of work on this project. PLANNING COMMISSIONMay 10, 2005Page TwelveCommissioner Burks asked if the agreement between UDOT and Ledges if that would cover the City’s concerns. Jay said he hasn’t had a chance to read it yet.Commissioner Stout said the golf hazardous note should be on each final plat and the golf hazard corridor line shown on the final plat. At this point if the Pl...

...sing Department which Matt Loo would be the Director of. Director of Golf Operations Colby Cowan presented a powerpoint presentation which covered the following topics: Golf Course Maintenance and Head Golf Professionals. Currently, the Golf Professionals are independent contractors. St. George City Council Minutes March 20, 2014 Page Six City Manager Gary Esplin explained that the golf courses were put into the Enterprise Funds initially since they were generating money; however, since numerous other golf courses have been built in Washington County, they have been losing money. He questions which fund the golf courses should be a part of, the General Fund or the Enterprise Fund. The City has spent quite a bit of money on the golf courses. There is no debt, however there is a $4 million deficit due to the cost of golf. He is proposing to adopt a plan to pay back the $4 million. He explained that each year, $500,000 is paid into the debt service for the Dixie Center which will be done in 2023. Beginning in 2024, that amount can be allocated to pay back the $4 million deficit. This plan will solve the long term debt. To solve the short term debt, he suggests a re-organization within the golf courses. He outlined the proposed re-organization . The consensu...

... RESOLUTION: Consider approval of the final bond resolution for Golf Course Revenue Refunding Bonds, Series 2002, and related matters. Jason Burningham, fiscal analyst, advised that refunding the bonds would result in significant savings for the City. The Golf Course Revenue Bonds for Sunbrook were originally purchased in 1994 by Zions Bank, and then a subsequent addition to the golf course in 2000 resulted in another bond issue. As interest rates have come down, there is a real benefit to refunding. The Bank One proposal provides a $126,000 net present value savings. The refunding bonds will be secured first by new revenues of the golf course, and second, as a backstop required by the bank, a subordinate pledge of sewer utility revenues. Certain revenues in the sewer system would provide a 25% cushion to be used as security if funds from the golf course were not sufficient. A loan from the wastewater fund to the golf course fund would be made. City Manager Gary Esplin explained if the City wants to expand the sewer plant, it could still sell revenue bonds with 115-125% coverage. This interfund loan would not tie up any balances in the sewer fund, nor have any effect on the City's ability to make interfund loans. A motion was made by Council Member Isom and seconded by Council Member Whatcott to approve the resolution authorizing the issuance and confirming the sale of the City of St. George, Washington County, Utah, Golf Course Revenue Refunding Bonds, Series 2002, in an aggregate principal amount of $2,840,000 for the purpose of refunding the issuer's outstanding golf course revenue bonds, Series 1994, issued in the original principal amount of $4,158,000 and its outstanding golf course revenue bonds, Series 2000 issued in the original principal amount of $899,551.80, and paying the costs of issuing said bonds; fixing the form and other details and confirming the sale thereof; approving the execution and delivery of a bond purchase agreement in connection with the issuance of said bonds; and related matters. Mayor McArthur called for a roll call vote, as follows: Council Member Isom - aye Council Member Whatcott - aye Council Member Allen - aye Council Member Gardner - aye Council Member Orton - aye The vote was unanimous and the motion carried. Jason Burningham advised that the bonds were not rated. If the City wanted to take advantage of an AAA rate, it would have to issue GO bonds through vote of the electorate. Golf Course bonds cannot get an AAA rating. ABANDONMENT RESOLUTION:...

...nference, and at no cost to the City except for salaries. DISCUSSION RE GOLF FEES: Golf Director Dave Terry distributed a memorandum concerning proposed golf fees, and advised his main objective was primarily to recoup sales tax for green fees the City has been paying to the State which amounted to $290,000 last year. The end goal is to have money to operate the golf courses, meet capital needs, and remain in the black. He reviewed the proposed green fee structure with those present. A copy of the Memorandum is attached hereto as Exhibit "A." He advised that fees and taxes are proposed to be rounded off to an even number. Councilmember Orton commented that rounding off the fees and taxes to an even number appears to make the green fees higher than they actually are, and everyone expects to pay sales tax. If the City is trying to stay competitive, green fees should be left as is, and sales tax charged in addition. Mr. Terry replied the City would then be the only one in the area who charges in this manner. City Manager Gary Esplin commented that Green Springs’ fee structure includes recapturing sales tax. Councilmember Orton advised he had never heard of anyone including sales tax in the price of something. Kay Bills commented that the eight month pass is really only a seven month pass because during the month of September the City reseeds the courses. The City is taking away a month of play and charging another $125 a year to do it. Mr. Terry replied the pass amount was based on per round revenue. He advised that during reseeding nine holes are kept open at all times at Southgate, Red Hills and St. George Golf Club, and 18 holes are kept open at Sunbrook. City Manager Gary Esplin commented that as more and more pass players play in October and November, the fees have remained the same, and no one else can get on the courses. Councilmember Whatcott advised St. George City’s prices should not be compared with the competition, as the City must do what is best for its residents, the golf courses, and the City’s budget. Other courses will not change their fees based on what St. George does, and St. George should not change their fees based on what others are doing. City Manager Gary Esplin advised staff is recommending that sales tax be recouped, but will proceed in any way directed by the City Council. Staff is also recommending that rates be raised at Sunbrook in order to raise money for capital improvements there. The recommended fee is still fair and competitive. Mr. Terry advised that 250 resident punch cards are sold at Sunbrook each year. It is also recommended that residents receive discounts at all courses with a resident card. The card may be obtained at Leisure Services by showing voter registration, a property tax notice, a drivers license, or a St. George City utility bill. The price of a resident discount card is $10 per year. Councilmember Orton commented he felt comfortable with the recommended changes as the City Council is committed to keeping its golf courses the finest in the State, and the new fee structure is a positive step to maintain the golf courses, while still remaining competitive. Mr. Terry reported that the new bridges at Southgate and St. George Golf Club will be in by November, with cart path work completed by December...

...t is approved, or if the board should be county-wide. DISCUSSION RE GOLF FEES: City Manager Gary Esplin explained that a discussion on course needs for the next few years and how to pay for them was needed. The current fund is up $300,000, but that will not buy what is needed. The current budget has no capital in it except for cart purchases and leases, and improvements, possible restaffing, and maintenance needs have to be paid for. The golf pros were asked to project some scenarios. St. George Golf Club and Southgate need certain improvements to keep up with the current level such as upgrades to the pro shops and parking lots, equipment replacement, and capital improvements on the courses such as sand traps and playability issues. If the City wants to change the way the pro shops are staffed, and add maintenance positions, this will be $350,000 annually. He suggested that the pros be made City employees, with two in the shop and four to six part-time staff members at each course, including cart people and marshalls. On a five year plan, $990,000 is needed the first year, $1,000,000 the second, etc. Sunbrook has an annual debt service of $750,000 and Southgate has $147,000. The problem is how to make up the difference between the amount the City has and the amount needed to stay competitive. If improvements aren?t made, there will be a significant problem. Golf fees have not been raised for three years. He then introduced Linda Butterfus, the City?s new Golf Service Coordinator. He then reviewed rate structures. 28% of play at Southgate is pass play. He suggested a 5% increase in the rack rate and a 25% discount to those who want to buy a discount card for at least $250. There would no longer be a resident vs. non-resident rate. An alternative is to keep the resident vs. non-resident rates and bump up the non-resident rate, although people will find a way to qualify as a resident. Mr. Esplin commented that $22 was a fair rate for resident golf. Green Springs is $33, Sky Mountain is $17. If rates are not increased, costs will have to be cut. Council Member Whatcott suggested that Sunbrook be increased to $60-$80 for a non-resident, with locals playing at the current rate with no increase. Council Member Orton commented that golf is the City?s number one economic impact, and whatever it does, the City must take care of its citizens and raise income at the same time. Council Member Whatcott commented that the proposed increase for non-residents was not enough. Jerome Jones, Golf Course Maintenance Manager, advised that in 2001 it cost $4,000 to fertilize one time - it now costs $10,000, and someone has to pay for that. City Manager Gary Esplin suggested that a loan from the Economic Development Fund be made to the Golf Course Fund for five years. Council Member Orton suggested that ...

...nd other Councilmembers concurred in this recommendation. DISCUSSION RE GOLF COURSE FEES: Golf Director Dave Terry advised that the City’s premiere golf course, Sunbrook, is not paying its way. There is a possibility it may break even this year in the best case scenario, but as the City’s golf courses are not supported by taxes, the other golf courses must make up the difference if Sunbrook does not operate in the black. He stated that additional money for capital improvements at all City courses is needed, especially in light of the additional competition from Sun River and Coral Canyon, and the City must be more conscientious about the condition of its golf courses. The City has been trying to build a rainy day fund for its golf courses, but last year the courses only broke even. If bad weather occurs in the City’s prime golfing season (February through May), the City could stand to lose a great deal. He recommended that a new green fee structure be implemented, and the resident and non-resident fee structure be eliminated. He proposed that a peak season, weekday, weekend structure be implemented for everyone, regardless of resident status. He proposed that the City go to a three season fee schedule. Councilmember Orton inquired how the City’s current rates compared to other courses. Mr. Terry replied the City has a competitive advantage based on price, and that must be kept in mind when the fees are restructured. Councilmember Orton commented he did not want to penalize residents, but the City must be competitive. City Manager Gary Esplin suggested the new rates be implemented as soon as possible. He commented that the City should be comparing its golf fees to other sunbelt areas, and almost without exception they have a three season fee structure. He suggested a public hearing be held to receive input from the public. Mayor McArthur suggested the matter be scheduled on the June 15, 2000 City Council agenda. Mr. Esplin reported that within two months the City should know more about the Sunbrook Clubhouse situation. He advised the City could extend its bonds for three more years which would generate enough capital to build the clubhouse and make needed improvements at all the courses. Golf Director Dave Terry proposed that fees be raised at Sunbrook during the off-season to $36 weekdays, $40 weekends, and during the peak season to $40 weekdays and $45 weekends. He advised that sales tax would be included in the increase. City Manager Gary Esplin stated it was important for golfers to understand that if the City did not have to pay sales tax, it co...

...val of a concessionaire agreement with Gregory Schneiter at the St. George Golf Club. City Manager Gary Esplin explained the City has had a difficult time attracting concessionaires at golf courses, and is recommending approval of a contract with St. George Golf Club employee Greg Schneiter to run the concession stand at the St. George Golf Club. A motion was made by Councilmember Orton to approve the concession agreement with Gregory Schneiter as requested. The motion was seconded by Councilmember Whatcott, and all voted aye. APPROVAL OF BEER LICENSE: Consider a request for approval of a beer license for Gregory Schneiter for the St. George Golf Club snack bar. City Manager Gary Esplin advised a beer license is needed by Gregory Schneiter for the St. George Golf Club snack bar. A background check has been performed with no negative results. A motion was made by Councilmember Isom to approve issuance of the beer license as requested. The motion was seconded by Councilmember Orton, and all voted aye. LOCAL CONSENT FOR RESTAURANT LIQUOR LICENSE/CHANGE OF LOCATION: Consider a request for approval of local consent for a restaurant liquor license/change of location. Ronald James, applicant. Attorney Gary Kuhlmann advised his clients would like to transfer the local consent for a restaurant liquor license previously granted by the City Council from a location on Sunset Blvd. to a new location on Sunland Drive for the Sunset Beach restaurant. A motion was made by Councilmember Gardner to approve a change of location for the local consent previously given. The motion was seconded by Councilmember Isom, and all voted aye. Mr. Kuhlmann advised construction on the restaurant would begin within 60 days. City Council Minutes November 4, 1999 Page Four REQUEST FOR DELAYED PAYMENT OF IMPACT FEES FOR AFFORDABLE HOUSING PROJECT: Consider a request from Mr. David Adams for delay in payment of impact fees for an affordable housing project. Attorney Steve Snow, representing Mr. David Adams, distributed a summary memorandum. He advised that approval of Mr. Adams? request will help balance a lack of affordable housing within the City. He explained that Mr. Adams is ready to begin construction on a new affordable housing project called Riviera Palms, but is experiencing a timing problem and would like to apply for waivers available under the City?s year 2000 allotment since all allotments for 1999 have been given. He requested permission to be able to pull the building permits and pay all fees with the exception of the impact fees that might be waived for an affordable housing project, proceed through the application process, and whatever the result of that process, Mr. Adams would pay whatever is owed the City. He advised Mr. Adams will be requesting 35 waivers, and is asking for the opportunity to begin construction and make an application for the waivers. He cited a precedent set in 1998 for Red Cliffs Manor. He explained these fee waivers do not go to the developer, but are put back into the actual project to make the units nicer for the residents. Councilmember Isom commented that as a member of the Affordable Housing Committee, she contacted other members about their feelings concerning this request. It was their unanimous feeling that issuing the waivers now would destroy the plan as the availability of the waivers would not even be advertised until December, and not opened until January. She stated that while Mr. Adams builds good projects and there was no reason to think he would not be awarded the waivers, a line must be drawn as there might be many applicants seeking the waivers. She stated the Committee feels granting this request would be stepping around the intention of the program. Mr. Snow stated that in all probability no other affordable housing projects would be approved in 2000, as the process is very difficult and lengthy. He stated he knew of no one in the State of Utah planning on doing an affordable housing project in Southern Utah. He stated that if the City Council wanted to follow its General Plan, granting this request would help get quality affordable housing in place. Councilmember Gardner inquired how the Affordable Housing Committee would determine who received the waivers if there were more applicants than waivers. Councilmember Isom responded the Committee will review each project and its qualifications. Community Development Director Bob Nicholson advised there is criteria to evaluate what is the best project for the community and its affordable housing needs. He advised that Linda Kirkpatrick intends to submit a request for waivers and the intent of the Committee is to advertise the availability of the waivers in December, accept applications until January 5, and have recommendations for the City Council in mid-January. Mr. Nicholson advised that Mr. Adams received 57 of the 60 available waivers in 1999, and it is anticipated the program will grow with more applicants each year. City Manager Gary Esplin commented staff?s concern is with setting a precedent and the difficulty in keeping track of waivers given for future years. In addition, it is not known how many applications will be received each year. City Council Minutes November 4, 1999 Page Five Councilmember Gardner commented he was concerned at first that Mr. Adams was asking for priority consideration, but he now better understands the request. He reiterated the concern of the Affordable Housing Committee that awarding the waivers now would circumvent or defeat what was established, and by not waiting for the application period to open, Mr. Adams would be put ahead of everyone else. However, his understanding of Mr. Adams? request is that he is not asking for a guarantee, just that the City hold off on his portion of the impact fees until a determination is made by the Committee on award of the waivers. If the waivers were not granted, Mr. Adams would pay the full fees. Mr. Snow again stated his client was not asking for priority consideration, but would simply like to pull his permits and begin construction. He would like to make application for the waivers, hold off paying them until a determination is made, and if declined, Mr. Adams would pay the impact fees immediately. City Attorney Jonathan Wright advised an agreement would have to be entered into recognizing that the program may not be funded. He suggested that interest accrue on the fees if denied. Councilmember Whatcott advised he saw the request as a dilution of the process and not in line with the intent nor desire of the Affordable Housing Committee. Mr. Snow commented it was unfortunate that time is money, but if Mr. Adams waited 3-6 weeks he would lose money. He is ready to begin construction now and needs the permits now. If Mr. Adams pulled his permits now and paid the impact fees, none of the 42 proposed units would come on line until next year nor be able to be considered for an impact fee waiver. He stated his client is willing to pay interest on the impact fees, but is requesting that his project be judged with all other applications received. Mayor McArthur commented affordable housing is part of the City?s General Plan, the request is not circumventing the Affordable Housing Committee, and the City would not lose any financial position. Mr. Snow advised impact fees total approximately $4,300 per unit. Councilmember Gardner commented the City needed to be business friendly while not setting a destructive precedent, and should minimize any ?red tape? within the system it can to make life easier for businessmen. He stated Mr. Adams? request made sense and could meet the needs of the community as far as affordable housing. Councilmember Orton inquired if the City?s goal were to offer more waivers each year. Councilmember Isom responded it was not the intent of the City Council to increase the number each year, only if the City grew to be a very large city. Councilmember Orton stated that while he hated to go against the wishes of the Affordable Housing Committee, the City needed to do whatever it could to make sure as many waivers as possible were given in order to encourage affordable housing. Councilmember Gardner stated he was in favor of the request, as long as the City was not guaranteeing Mr. Adams the waivers. Linda Kirkpatrick advised she planned on building a project with 65 affordable housing units and intends on asking for waivers too. She inquired City Council Minutes November 4, 1999 Page Six if she would have the same opportunity as Mr. Adams to apply for and receive waivers. Councilmember Gardner inquired if she had her financing in place. Ms. Kirkpatrick responded that she did not, but had made initial inquiries. She understood she would have one year?s time within which to actually take out the permit after the waiver had been given. She advised this would be adequate time as the project had already been approved by the City. Councilmember Allen stated there are others in the community who are qualified to build affordable housing too, and she feared they would not apply for the waivers if they heard someone had already applied for most of them. Mayor McArthur advised there are only 60 waivers available each year, and the Affordable Housing Committee will recommend to the City Council who receives them. City Attorney Jonathan Wright advised Ms. Kirkpatrick could make application for the waivers but would not have to draw her permits until December, 2000. All decisions for the entire year will be made by the middle of January. Councilmember Gardner commented that no priority will be given to anyone, and therefore no one should be discouraged from applying for the waivers. He made a motion to approve the request, with the stipulation that an agreement would be entered into and interest paid on the impact fees if the waiver were not granted. The motion died for lack of a second. Councilmember Whatcott stated the process is a new one for the City and a decision needs to be made whether or not the City wants to allow those beginning projects in one year to apply for waivers not available until the next. He stated there may be 150 applications for the 60 available waivers. Councilmember Isom commented that the Affordable Housing Committee?s criteria in awarding waivers will be who is farther along in the process and has everything ready to go. Community Development Director Bob Nicholson stated the City never anticipated this problem when it set up the program. City Manager Gary Esplin advised staff?s concern is that after January 15 when the recipients of the waivers for the year 2000 are determined, someone could then make an application for the year 2001. He suggested the application time be limited from November 1 of one year to January 1 of the next. Councilmember Isom stated the program timetable should remain the same, however, if the Council chooses to consider an application that comes in November or December, that should be up to the Council. City Manager Gary Esplin suggested the application period begin November 1 for the next calendar year. A motion was made by Councilmember Whatcott to change the criteria for the Affordable Housing Committee to be able to consider applications for projects already begun and with permits pulled after November 1 to be City Council Minutes November 4, 1999 Page Seven allowed to be included in the review process for the following year. The motion was seconded by Councilmember Allen. City Attorney Jonathan Wright inquired if this new criteria included the requirement that an agreement be entered into between the parties, and interest on the impact fees if the application was denied. Councilmembers Whatcott and Allen agreed the criteria recommended by the City Attorney be included in their motion. A vote was taken and all voted aye. PUBLIC HEARING/ORDINANCE/ZONE CHANGE: Public hearing to consider a request for a zone change from R-4 Multiple Family Residential to C-3 General Commercial on .547 acres located at 476 E. Riverside Drive just north of the Riverside Apartments. Paul Snow, applicant. Community Development Director Bob Nicholson explained the request is for a minor zone change for a piece of property 64' wide by 370' long located north of the Riverside Apartments. The Planning Commission recommended approval. Mayor McArthur opened the public hearing. Greg Kemp recommended approval of the request. Bindy Boylin inquired if all of Riverside Drive except for the Riverside Apartments would be zoned commercial. She was advised only this parcel will be zoned commercial. Councilmember Gardner advised Ms. Boylin that the property located just north of the Riverside Apartments is already zoned commercial. Ms. Boylin expressed concern that children living in the Riverside Apartments would have no place to play. City Manager Gary Esplin explained that the City is building a trail behind the Riverside Apartments which will tie to the soccer complex and other parks and trails within the system. There being no further public comment, Mayor McArthur closed the public hearing. A motion was made by Councilmember Gardner to approve by ordinance the zone change as requested. The motion was seconded by Councilmember Isom. A roll call vote was taken and all voted aye. PUBLIC HEARING/ORDINANCE/ZONE CHANGE: Public hearing to consider a request to amend the Planned Development zone at McArthur Landing on the northwest corner of 1100 East and Riverside Drive by changing the use from residential to professional office. Rich Lewis, applicant. Community Development Director Bob Nicholson explained that when the post office and rest of the property located south and across the street were zoned PD Commercial a few years ago, a small triangular piece of property on the north side of the street remained PD residential. The owners of this triangular piece of property are proposing a small two story office building with a 3000 sq. ft. footprint along Riverside Drive north of the Southfield residential project. The project proposes a 25' landscaped setback area the length of Riverside Drive frontage, with a 10' rear setback. The side setback is 20' for a two story building, and they will have in excess of this required City Council Minutes November 4, 1999 Page Eight 20'. Kim Talbot is the architect, and the Planning Commission recommended approval. Kim Talbot displayed cross sections and renderings of the proposed office building, and explained there is one vacant lot immediately adjacent to the proposed building with a 10' elevation difference from pad to road. The grade on the site drops 10' from east to west. The applicant is proposing a residential-type commercial building with broken windows along the rear side, with a low profile roof and a residential feel. There is one excess parking stall, and not much room to relocate the building on the lot. Mayor McArthur opened the public hearing. Kevin Ence questioned the elevation, and stated the proposed project would downgrade neighboring properties. He express concern that he would not be able to sell two remaining lots adjacent to the proposed building, with a value lost to him of $50,000-$60,000. He advised a similar request was denied several years ago and at that time the City Council said they would keep Riverside Drive as a residential buffer for commercial zoning. He stated the applicants have proposed the largest possible office building for the site. He stated that while he believed the lot would not be developed as residential, the proposed office building could be a better neighbor by being smaller, reducing the elevation, perhaps putting the entire basement level in the ground, or reduce the building to a single level. The building could then be shifted on the lot. He stated the proposed building is too much and too big for the site, and does a disservice to the neighborhood. He expressed concern that occupants of the proposed building would be able to look into the backyards of neighboring homes. Mayor McArthur advised that several years ago the City Council agreed there would not be commercial development on that side of the road, but the piece of property which is the subject of this request is a difficult piece of property. David Summerhays advised he was in the process of building his home in the area and is less than 100' from the wall. He stated the building is too high and too close to the lot line, and the windows will look into his bedroom window. He suggested lowering the building, and that any proposed office building should be compatible with the neighborhood and not downgrade it. Mr. Talbot advised the reason the building was designed so was because of the geometry of the lot. Councilmember Whatcott inquired of Community Development Director Bob Nicholson if a 6' wall were required between the properties. Mr. Nicholson advised the wall would have to be added to in order be become 6' high. Duane Parker stated the proposed project was unfair to people who moved into a residential area, and the City Council should be concerned about residents of a residential area and not let commercial development in. He stated that while he would prefer to see residential development of the lot, a single story office building would make a lot of difference. He stated if the City Council allowed commercial development on this lot, it would open the door to more commercial development along property to the west. Rosalyn Parker stated if the fence were made higher, it would be like living in a fortress and unfair to residents in the neighborhood. She stated Kevin Ence would never be able to sell the adjoining vacant lots, and they would become weed patches. City Council Minutes November 4, 1999 Page Nine Francis Keohane stated the updated proposal looked worse to him than the original proposal, but it could be made nicer by lowering the building and landscaping. Randy Simonsen, applicant, advised he is trying to make a good project and has been sensitive to the concerns of the neighbors as far as elevations. He stated the roof on the home across the street will be higher than the proposed office building by as much as 4'. He stated the building?s windows would not look down on the neighbors if a 6' fence were built. He stated the proposed building is the best use for the property and a professional office building is a good neighbor as no 24 hour businesses are allowed. He stated an apartment building could be built, but it would not be a good neighbor. He stated the elevation of the building has been brought down in response to the concerns of neighbors. Councilmember Allen inquired if Mr. Simonsen considered lowering the basement further into the ground. Mr. Simonsen stated he had, but it would not be desirable for tenants. Irene Briggs, a resident of Southfield Estates, advised she had two concerns - how narrow the curve of Riverside Drive is and the lack of a turning lane, and the lack of adequate parking at the proposed building. Community Development Director Bob Nicholson advised the City?s parking requirements are standard across the country - four spaces required for every 1,000 sq. ft. of office space. Joe Hagen stated garbage trucks performing early morning pick-up at the commercial development will annoy nearby residents. Kevin Ence advised the applicant had never approached him to work out any differences, but had sent a letter stating the office building was going in. He stated he was flexible and felt the issues could be worked out, but suggested the building be moved to the low side of the lot and be a single level. He also requested the building be moved 20' from the rear property line. Mayor McArthur stated it seemed a single story office building would solve the differences between the parties. Mr. Simonsen commented the building would be single story from the perspective of the neighboring residences. It would only be a two story building from Riverside Drive and would be no higher than the home across the street. He stated not many options were left considering the lot. Councilmember Isom suggested the applicant set a time to meet with neighbors to try and resolve the issue. Councilmember Whatcott stated he could see why the applicant could not move the building to another area of the lot as it would create a traffic nightmare as far as access. Mr. Talbot advised that per City requirements, the driveway must line up with access to the project across the street. Duane Parker advised that if the building were lowered a few feet with a walk-out basement, it would be acceptable to him. Mr. Talbot replied that what Mr. Parker suggested had already been done. City Council Minutes November 4, 1999 Page Ten Councilmember Gardner inquired if the building could be lowered an additional 3-4 feet. Mayor McArthur inquired if the roof could be lowered an additional 2'. Mr. Talbot replied that perhaps another 5' could be added to the setback in the rear, and the roof profile could be as low as 3:12. He stated the windows are not an issue as they will look straight across, not down on neighboring properties. However, the windows could be raised to gather natural light but not look straight out. Planting trees across the back of the building would be another possibility. He stated the building could also be designed so that no window would be straight across from a window of a neighboring home. Councilmember Allen inquired if the basement could be further lowered into the ground. Mr. Talbot replied that it could not as ADA requirements and certain grades had to be met. Mr. Ence suggested the building be reduced to 4000 sq. ft. and one level. There being no further public comment, Mayor McArthur closed the public hearing. City Attorney Jonathan Wright advised the request could not be modified by the City Council as it is a PD zone and elevations, footprints, etc. would be needed. However, it could be tabled. Councilmember Gardner commented that the City has to allow for reasonable use of property, and commercial is probably the best use for this piece of property. However, from the discussion it was obvious a different footprint is desired. He made a motion to table the request in order to allow the applicant time to come back with a different design. City Attorney Jonathan Wright advised the applicant has the right to have his proposal voted upon. The applicant could also request the matter be tabled to allow him to modify the project. Councilmember Gardner?s motion was seconded by Councilmember Isom. Mr. Simonsen advised the Council he would come back with a modified plan in 30 days. He was advised the matter will be scheduled for the first meeting in December. The applicant was encouraged to meet with neighbors for their input. Mayor McArthur called for a vote, and all voted aye. Mayor McArthur called for a ten minute break. PUBLIC HEARING/ORDINANCE: Public hearing to consider approval of an ordinance to regulate sexually oriented businesses. Mayor McArthur stated that a few St. George residents believe that the City Council should ban or prohibit sexually oriented businesses (SOBs) from St. George. However, most St. George citizens and residents understand and appreciate the constitutional freedoms we enjoy in this nation. One of those time-cherished constitutional liberties is the right of free speech. The City?s power to enact and enforce regulatory measures to preserve and promote the public health, safety and welfare may not be so exercised as to limit or City Council Minutes November 4, 1999 Page Eleven abridge the fundamental human liberty of free speech secured by the United States Constitution. The City Council will consider issues presented by a proposed ordinance to regulate sexually oriented businesses within the parameters of the Constitution and laws of the land. Currently the City has various existing ordinances, including zoning ordinances, regulating sexually oriented businesses. The proposed ordinance addresses the regulation of sexually oriented businesses in a global approach in an effort to clarify, address, and implement zoning and regulatory provisions applicable to such businesses. The City Council will enact legislation that fully conforms to the law while exercising the public health, safety, and welfare powers granted to the City Council. Mayor McArthur introduced Gary Kuhlmann, the City?s former City Attorney, who has been retained because of his knowledge and training in this area. Mr. Kuhlmann proposed a constitutionally defensible ordinance while giving the City Council an opportunity to set up regulations for SOBs. The process requires great detail, as the main interests of courts in cases dealing with SOBs is how the ordinance was passed, on what basis, how evaluated, and justified regulations in order to limit the secondary effects of SOBs. Simple nudity and depictions thereof are protected, and with that in mind, the City must validly adopt and enforce an ordinance. The draft ordinance proposes to regulate massage parlors, adult motion picture theatres, etc., and all uses are defined in the ordinance and involve different types of sexually oriented activities. Legitimate massage parlors, etc. are not regulated because they are not tied to sexual conduct. The City?s existing obscenity ordinance has been upheld by the Utah Supreme Court and is still on the books. The City also has ordinances dealing with dance clubs, etc. and this proposed ordinance will pull all these ordinances together, update and consolidate them for a uniform plan to regulate SOBs in a way the Constitution allows. He then cited several cases in which the Supreme Court and other federal courts have addressed what is justifiable regulation under the Constitution and how a city must go about regulating SOBs. The City must provide a reasonable opportunity to allow SOBs to open and operate. Courts have established the City is prohibited from regulating on content of speech, but is allowed to regulate on time, place, manner, and presentation of expression. The City must show substantial governmental interest, and based on that interest the City has to provide for a reasonable number of alternative avenues of communication. The City has to first establish a reason for regulation of SOBs. Then, based on what the impact is and the interests of the City, a determination must be made of what is reasonable and to allow some reasonable amounts of alternative areas where SOBs can be conducted. It is not the City?s obligation to make sure there is a specific property or landlord who will rent to the SOB, but the City must make sure that areas designated for SOBs are reasonable for establishment of a commercial operation and must provide some viable areas. SOBs can only be regulated to avoid secondary impacts on the community caused by their existence. Court have held that cities do not have to do their own studies, and even though the City does not have an SOB in existence, it is still allowed to enact regulation based on what other cities have experienced. Studies from 14-19 other cities have been provided to the Mayor and Council for their review and study. City Attorney Jonathan Wright advised that currently, and within the City?s past history, there has never been a business in St. George that would fit the description of an SOB. Mr. Kuhlmann then reviewed with the Mayor and City Council the study of Dallas Texas in 1997. Councilmember Gardner commented that the less visible the SOB is, the better for the community so as to avoid secondary effects. City Council Minutes November 4, 1999 Page Twelve Mayor McArthur commented that property values decreased for those properties near an SOB, according to the studies he read. Councilmember Allen commented a rise in crime also existed, according to the studies she read. Mr. Kuhlmann then reviewed with the Mayor and City Council studies from Newport News, Virginia (1996), Times Square (1994), Minneapolis, Minnesota (1980), Los Angeles, California (1977), and Fulton County, Georgia. City Attorney Jonathan Wright pointed out for the record that the Fulton County, Georgia study was only recently received by the City and not all Councilmembers have had a chance to thoroughly review it. Mr. Kuhlmann then reviewed with the Mayor and City Council summaries of the following studies: Phoenix, Arizona (1979); Tucson, Arizona; Garden Grove, California (1991); Whittier, California (1978); Indianapolis, Indiana (1984); Cleveland, Ohio (1977); Oklahoma City (1986); Amarillo, Texas (1977); Austin, Texas (1986); Beaumont, Texas (1982); Houston, Texas (1983); and Seattle, Washington (1989). Mr. Kuhlmann commented that patterns in most if not all of the studies indicate a decrease in property values, an increase in crime, and found that a concentration of SOBs actually amplifies the problems. Two methods are used by cities for regulation of SOBs - the Boston method which concentrates SOBs in a single area which can be more readily patrolled; and the Detroit method which is a dispersal method in order to alleviate multiplication of secondary effects. The draft ordinance proposes the Detroit method. Mr. Kuhlmann then reviewed the draft ordinance and discussed alternatives. City Attorney Jonathan Wright recommended that the public hearing be held, public comments taken, but any formal action be delayed in order to give the Mayor and City Councilmembers additional time to review all the studies and draft ordinance. Mayor McArthur asked for a clarification of the definitions of ?adult bookstore? and ?novelty store.? Mr. Kuhlmann responded that an ?adult bookstore? is a business in which a significant portion of revenue, stock in trade, or portion of interior business is devoted to adult books. A ?significant portion? would be more than 50%. A novelty store sells sexual devices. Mr. Kuhlmann advised that as far as location requirements, he met with the Planning Department to discuss zones where the secondary impacts of SOBs would be less, staying away from residential zones, and taking into consideration the likely increase in crime, the character of the neighborhood, and concern for children. Possible locations were then plotted. The City?s zoning map was reviewed with buffers of 2000', 1500', 1000', and 750' from residential zones. The Planning Commission recommended that SOBs be allowed in M-1 zones. Using 1000' as a buffer, five or six SOBs would be able to locate within the City?s M-1 zones. Councilmember Isom inquired if population of the community could be used as a basis for location of SOBs. Mr. Kuhlmann replied that the courts will determine a reasonable number of means of communication, the land area, and population, and consider all these factors. City Council Minutes November 4, 1999 Page Thirteen Councilmember Isom inquired which courts made this determination. Mr. Kuhlmann responded that most of the court cases are in federal courts and the U. S. Supreme Court. Most standards are being established by federal courts. Mr. Kuhlmann advised that based on the valuations, studies, and secondary impacts, he recommended a 1000' separation between SOBs within the M-1 zone. The City?s GIS Director, Dave Evans, will produce a more refined map to better show the exact locations. City Attorney Jonathan Wright clarified that the 1000' separation is from door-to-door, not property line to property line. Mr. Kuhlmann advised the City Council also needed to determine how to measure the distance as the ordinance provides for alternatives - property line to property line, building to property line, or building to building. He stated that the first SOB to locate will dictate where others may locate. Councilmember Orton stated he would prefer to wait to make a determination on distances until a map to scale were provided. Councilmember Isom stated she would like to further study the information provided to her. City Attorney Jonathan Wright advised the City Council must be specific on how distance measurements are taken, according to a recent Utah court decision. Mr. Kuhlmann advised the ordinance provides for investigation of an applicant, with strict timelines to be indicated. He recommended a turn-around time of 20 days for the City Manager to make a decision on the application so as not to restrict free speech any longer than necessary. Mr. Kuhlmann then reviewed proposed provisions governing the annual license fee, inspection rights, advertising, lighting and signage restrictions, hours of operation, live entertainment, and newsracks. Mayor McArthur opened the public hearing. Lorri Kocinski-Puchlik, Executive Director of the St. George Area Chamber of Commerce, advised the Chamber represented 720 area businesses. She read a statement supporting the enactment of legislation to regulate SOBS while preserving their constitutional liberty. She stated it was important to promote tourism and economic development, yet allow a safe place to locate SOBs. She expressed concern about the secondary effects of SOBs on property values, crime, public safety, and the total image that St. George portrays and the Chamber?s ability to market St. George. J. T. Frandsen advised he had strong feelings on the subject and did not want an SOB in the community as the negative secondary effects are overwhelmingly convincing. He suggested the City exclude any reasonable opportunity for a SOB to locate in St. George, but if they could not, to challenge their location in court. Homer Hansen advised the City of Mesquite stood up to a SOB which located there, and St. George should do the same. He stated he would be in favor of an increase in taxes to pay for any resulting law suit. He advised the present day interpretation of the U. S. Constitution is too liberal. Joe Hagen advised that patrons of SOBs would still have to drive by residential neighborhoods to get to the SOB. He stated it was hard to believe St. George was discussing SOBs as a possibility, and he would be happy to pay higher taxes in order to fight their location here. City Council Minutes November 4, 1999 Page Fourteen Vardell Curtis, executive officer of the local real estate board, spoke in favor of the ordinance, and encouraged the Council in their decision to be proactive. He stated that should the ordinance ever be challenged, the Board of Realtors would support the ordinance to the fullest measure. He stated that while he understood SOBs could not be prohibited, they should be regulated, and he encouraged the City Council to make the ordinance as restrictive as legally possible. Councilmember Gardner inquired of Mr. Hagen if he felt the City Council should make the ordinance even more restrictive than proposed. Mr. Hagen replied the City Council should make the ordinance extremely restrictive. There being no further public comment, Mayor McArthur closed the public hearing. He recommended that based on the recommendation from the City Attorney, the matter be tabled until the next City Council meeting. A motion to table any action on this item was made by Councilmember Orton. The motion was seconded by Councilmember Isom, and all voted aye. MINUTES: Consider approval of the minutes of the City Council work meeting held October 14, 1999. A motion to approve the minutes as presented was made by Councilmember Whatcott. The motion was seconded by Councilmember Orton, and all voted aye. Consider approval of the minutes of the regular City Council meeting held October 21, 1999. A motion to approve the minutes as presented was made by Councilmember Allen. The motion was seconded by Councilmember Isom, and all voted aye. BID OPENING: Consider award of the contract for Phase 2 of the Southgate Golf Course irrigation improvements. City Manager Gary Esplin explained the original proposal was broken into two parts in order to facilitate the first phase and subject to negotiations with the low bidder to reduce the scope of the project. The City is now ready to proceed with the second phase, however drainage problems have been experienced and a high horse-power motor is needed to pump the water back to the cemetery which was not in the original bid. The second phase will cost $193,385, making the total cost of the project $441,085. This will give the City additional pond storage for watering the golf courses, cemetery and park. Funding will come from the transportation fund, as installation of the bridge is making this work necessary. However, additional property will be freed up and the City can sell it as commercial property and recoup some of its costs. Additional funds will also come from the various departments affected. A motion was made by Councilmember Isom to award the bid to Rosenberg Associates/Golf Services Group in the amount of $193,385. The motion was seconded by ...

... Consider award of bid for Palmer 4/Prelude 4 perennial rye grass for the golf courses. Purchasing Manager Connie Hood advised the price of grass seed has gone up this by 6.33%. 77 tons is needed. She recommended award of the bid in the amount of $150,612. MOTION: A motion was made by Council Member Bunker to award the bid as recommended. St. George City Council Minutes June 5, 2008 Page Four SECOND: The motion was seconded by Council Member Pike. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. AWARD OF BID: Consider award of bid for various gage and lengths of shielded cable (copper) for the new Green Valley substation. Purchasing Manager Connie Hood explained the low bidder was Northern Power in the amount of $47,241. MOTION: A motion was made by Council Member Pike to award the bid as recommended. SECOND: The motion was seconded by Council Member Bunker. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. Energy Services Director Phil Solomon explained that power lines can be placed underground, but the Energy Services Department has a policy that any line that is 69,000 volts or above is placed overhead because of economics and lack of employee training. The cost to place lines underground is four times the cost of overhead lines. The only place where high voltage lines are buried are in large urban areas where the customer base is large enough to absorb the cost. If the City were to bury high voltage lines, both impact fees and rates would be a lot greater than they are now. In Las Vegas it cost over $1.5 million dollars to bury 1000 ft. of line to the Bellagio hotel. Mayor McArthur explained that the City?s purchasing policy states that any purchase over $25,000 must be approved by the City Council. Any purchase less than $25,000 can be done through the Purchasing Department. ORDINANCE: Consider approval of an ordinance amending Title 9, Section 13, St. George City Code, dealing with permanent and temporary signs for residential developments. Community Development Director Bob Nicholson distributed a handout entitled ?Promotion Signs for Residential Development? and reviewed the proposed changes. He then reviewed the ordinance changes contained in the Council agenda packet. One of the proposed changes is that developments with more than 10 units may have up to three ?for sale? signs with the total cumulative sign area not exceeding 120 sq. ft. Action flags would not be counted in these three signs. Council Member Pike inquired if there was a proposed time limitation for use of action flags. He suggested that an extension could be made on a yearly basis if not all of the lots had been sold. Mr. Nicholson suggested that a two year time limitation on action flags be imposed, with extension on a year to year basis after that. Council Member Almquist inquired about pennants. Mr. Nicholson replied that pennants are prohibited. Council Member Bunker inquired how the Southern Utah Homebuilders Association felt about the proposed ordinance. Mr. Nicholson replied it was the builders who were mainly concerned with the ordinance. The proposed changes allow more flexibility. Deputy City Attorney Paula Houston advised that a standard to be used as a guideline would have to be established for yearly extensions of action flags. Mayor McArthur suggested that perhaps the standard could be based on the number of lots sold, such as 50% of the lots sold after two years, Mr. Nicholson clarified that if at the end of two years 50% of the lots remained unsold, this would be grounds to extend use of the action flags. Deputy City Attorney Paula Houston recommended a definite ending time, such as a five year maximum. St. George City Council Minutes June 5, 2008 Page Five Mayor McArthur suggested a five year cut-off for use of action flags be used. Council Member Shakespeare inquired if any concern with the proposed ordinance changes from businesses had been expressed. Mr. Nicholson replied that the ordinance changes deal with promotional signs for real estate and residential development. Two years ago the ordinance went through a major update on commercial advertising signs, however, there still may be some issues with banners which have not been totally resolved. Council Member Pike suggested that the City had to start somewhere and see how the proposed changes work as they can always be changed as needed. Scott Leishman, Ence Development, advised that the Southern Utah Homebuilders Association is aware of the ordinance changes and is happy with what is taking place. He stated he had two concerns with the proposed ordinance. He stated the 120 sq. ft. cumulative limitation on signs should be increased, and a five year cap on use of action flags is not long enough. Council Member Almquist commented there are several purposes for which action flags are used. He inquired of Mr. Leishman if he was trying to say that the uses of action flags should be broken down into classifications. Mr. Leishman replied that it should be broken down. Mayor McArthur commented that the proposed ordinance was at least a start. Mr. Leishman suggested that the cap on three signs should be 196 sq. ft. James Sullivan commented that Paradise Canyon took seven years to build, and there should not be a five year cap on use of action flags. Mayor McArthur replied that every new phase would add a couple of years to use of the action flags. He advised the proposed changes with regard to increasing the size of the signs and the cap on use of action flags would be sent back to the Sign Review Board to look at and make recommendations. Mr. Sullivan commented he wanted to make sure there was not a five year cap on use of action flags. MOTION: A motion was made by Council Member Pike to approve the proposed ordinance. SECOND: The motion was seconded by Council Member Bunker. VOTE: Mayor McArthur called for a roll call vote, as follows: Council Member Pike - aye Council Member Bunker - aye Council Member Almquist - aye Council Member Shakespeare - aye The vote was unanimous and the motion carried. City Attorney Shawn Guzman arrived. PUBLIC HEARING/PRELIMINARY PLAT: Public hearing to consider approval of the preliminary plat for The Park at Paradise Canyon located at 1449 North on 1400 West Street. Robert Anderson, applicant. Jay Sandberg explained that the project is under construction, but the applicants have decided to condominiumize the units. City Attorney Shawn Guzman commented that staff has looked at the project and agree that the applicants can condominiumize the units. The final plat has been scheduled on an upcoming Planning Commission agenda. Mayor McArthur opened the public hearing. There being no public comment, he closed the public hearing. St. George City Council Minutes June 5, 2008 Page Six MOTION: A motion was made by Council Member Bunker to approve the preliminary plat. SECOND: The motion was seconded by Council Member Shakespeare. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. PUBLIC HEARING/PRELIMINARY PLAT: Public hearing to consider approval of the preliminary plat for the Park Central Townhomes located on 300 South at approximately 550 East. Steve Jennings, applicant. Jay Sandberg explained that the project is located within a PD zone and surrounded by R-1-8 zoning. It was approved by the City Council on September 20, 2007 with stringent requirements, which he then reviewed. Four units are being added. All units will be single level with tile roofs and two car garages. There is a 20' setback. HOA documents will be rewritten so all the units are part of one project. There is also a provision that all the units have to be owner-occupied and cannot be rented to part-time residents. The existing irrigation ditch will be piped. Mayor McArthur opened the public hearing. There being no public comment, he closed the public hearing. MOTION: A motion was made by Council Member Pike to approve the preliminary plat. SECOND: The motion was seconded by Council Member Almquist. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. PUBLIC HEARING/PRELIMINARY PLAT: Public hearing to consider approval of the preliminary plat for Escalara Phases 3-6 located at 1900 East and 1100 North in the Middleton area. Stacey Young, applicant. Jay Sandberg advised that the Red Cliffs Park Subdivision was recently approved by the City Council. The only change from the previously approved plat is the connection road to the east has been moved to facilitate the Red Cliffs Park Subdivision. Everything else is the same. Mayor McArthur opened the public hearing. Floyd Sutton inquired if there would be access to the desert reserve. Mayor McArthur replied that there would be access. Mr. Sandberg advised that the desert reserve map shows a trail east and west along the boundary line. There being no further public comment, Mayor McArthur closed the public hearing. MOTION: A motion was made by Council Member Bunker to approve the preliminary plat. SECOND: The motion was seconded by Council Member Almquist. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. PUBLIC HEARING/PRELIMINARY PLAT: Public hearing to consider approval of the preliminary plat for Sun River Phase 29 located at about 4880 South Angel Arch Drive. Scott McCall, representative. Jay Sandberg advised that a flood plain map revision has been approved by FEMA enabling the applicant to move forward subject to certain conditions. Final approval from FEMA is needed before grading can be completed. While the number of units has gone beyond those needed for a traffic study, staff and the developer agree that a traffic study will not be done until completion of the new interchange. The Atkinville Wash flood plain is required to be restored with natural landscaping. A church site is also planned. Mayor McArthur opened the public hearing. There being no public comment, he closed the public hearing. MOTION: A motion was made by Council Member Pike to approve the preliminary plat subject to FEMA?s final approval of the flood plain map. SECOND: The motion was seconded by Council Member Bunker. St. George City Council Minutes June 5, 2008 Page Seven VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. PUBLIC HEARING: Public hearing with regard to the fiscal year 2008-2009 budget for the City of St. George. Mayor McArthur advised that this public hearing is one of two which will be held. City Manager Gary Esplin explained that this year?s budget is a couple of million down in the General Fund. It is a status quo budget. Costs have gone up significantly. There is $45 million in the General Fund. The City Council will have to make decisions with regard to rate increases. He suggested that the public comments be responded to in two weeks when the final budget is adopted. Mayor McArthur opened the public hearing. Jeannie Fowler, CAT representative for the Desert Hills neighborhood, advised there is currently no sidewalk along the community drive where the mailboxes are located and this is a safety concern for the children. She requested $15,100 from the City, the amount of the bid from Triple B Construction, for completion of the sidewalk. The community will participate in the project. 650 feet of sidewalk is needed. Wayne Staub, a resident of Dammeron Valley, inquired where the Leisure Services budget comes from. Mayor McArthur replied it comes from the General Fund. Mr. Staub inquired if it was normal to have a 41-42% benefit package for employees. City Manager Gary Esplin replied this is patterned after the rest of the State of Utah, but 41-42% sounded high. Mr. Staub advised he had questions on the Leisure Services budget related to the golf courses, golf cart leasing, professional and technical services, and lease payments. He stated that out of hundreds of line items in the budget, only three related to income. He stated it was difficult for anyone to determine what parts of the golf f program are good and bad and requested that the City Council consider special rates for county residents. He stated it was common for non-residents to pay higher fees. John Gallacher advised that there is resistance to any increase in golf fees, however delineated. One week from today there will be a public meeting at the Elks Lodge for senior citizen golfers regarding the increase in golf fees. There is going to be resistance to increased fees on behalf of senior golfers. Marti Paul thanked the City Council for their support and installation of the first dog park. Jo Litzinger thanked the City Council for the dog park. Kate Ramsussen thanked the City Council for the dog park and asked the City Council to consider more dog parks. Ed Baca inquired about the population base for which the City provides services. City Manager Gary Esplin replied the estimate is 70,000-75,000, which does not include visitors. There being no further public comment, Mayor McArthur closed the public hearing. PUBLIC HEARING: Public hearing regarding the authorization, issuance and sale of not more than $50,000,000 aggregate principal amount of Electric Revenue Bonds, Series 2008 (to be issued in one or more series and with such other series or title designation(s) as may be determined). City Manager Gary Esplin explained a public hearing is required for issuance of the bonds for the next gas turbine project. Moody?s has upgraded the City?s rating for this bond issue which will help the interest rate significantly. St. George City Council Minutes June 5, 2008 Page Eight Mayor McArthur opened the public hearing. There being no public comment, he closed the public hearing. MOTION: A motion was made by Council Member Pike to approve the issuance and sale of the bonds. SECOND: The motion was seconded by Council Member Bunker. VOTE: Mayor McArthur called for a roll call vote, as follows: Council Member Pike - aye Council Member Bunker - aye Council Member Almquist - aye Council Member Shakespeare - aye The vote was unanimous and the motion carried. BEER LICENSE/LOCAL CONSENT: Consider approval of a beer license and local consent for a restaurant liquor license for Player?s Sports Grill located at 1699 Convention Center Drive. Patrick Oki, applicant. City Manager Gary Esplin explained the restaurant is located by the Dixie Center. The application meets all requirements and staff recommends approval. MOTION: A motion was made by Council Member Pike to approve the beer license and local consent. SECOND The motion was seconded by Council Member Shakespeare. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. SPECIAL EVENT FEE WAIVER: Consider approval of a request to waive the special event permit fee for the Dixie Fiesta. The Spectrum, applicant. Council Member Bunker inquired if the City would be listed as a sponsor in the advertisements. Kevin Jenkins, representing the Spectrum, replied that the City is listed as a sponsor. Business License Officer Laura Woolsey clarified that the fee being waived is the special event fee. Mr. Jenkins commented that this same request was made last year. MOTION: A motion was made by Council Member Bunker to waive the special event fee. SECOND: The motion was seconded by Council Member Almquist. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. BEER LICENSE/LOCAL CONSENT: Consider approval of a beer license and local consent for a limited restaurant liquor license to serve beer and wine at the Panda Garden restaurant. Ivan Szu, applicant. City Manager Gary Esplin commented that the application meets all requirements and staff recommends approval. MOTION: A motion was made by Council Member Bunker to approve the beer license and local consent. SECOND: The motion was seconded by Council Member Pike. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. BEER LICENSE: Consider approval of an off-premise beer license for La Raza Market at 1397 West Sunset Blvd. #115. Patricia Del Garcia, applicant. City Manager Gary Esplin advised the application meets all requirements. MOTION: A motion was made by Council Member Pike to approve the beer license. SECOND: The motion was seconded by Council Member Shakespeare. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. St. George City Council Minutes June 5, 2008 Page Nine City Manager Gary Esplin clarified that an off-premise license means the beer is consumed off-site. FINAL PLATS: Todd Jacobson advised that the Planning Commission recommends approval of the final plat for Banded Hills Drive located off of 3000 East and 3800 South, and Coral Desert Phase 2, a three lot commercial subdivision located at Foremaster Drive and 1450 East, and Las Colinas Phases 1 and 2, located on the west side of Pioneer Road and the Calvary Chapel at approximately 4000 South and 800 West. He explained that Las Colinas Phase 1 is a 32 lot residential subdivision. There are 23 residential lots in Phase 2. Staff had concerns with the existing power line which runs through the project, but after discussion with Dixie REA and in accordance with a development agreement, the line will be moved. Council Member Almquist commented that a drainage channel off I-15 on the opposite side of the road has been changed. He inquired if drainage through the project had been altered. Mr. Jacboson replied he was not aware of the drainage change, but the project design should take care of any drainage. MOTION: A motion was made by Council Member Bunker to approve the final plats and authorize the Mayor to sign them. SECOND: The motion was seconded by Council Member Almquist. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. REQUEST FOR ARCHERY EVENT: Consider approval of a request from the Huntsman Senior Games to hold an archery event in Mathis Park. City Manager Gary Esplin advised the City has a prohibition against these types of events in the parks. Granting the request would be an exception to that policy. If the request is granted, the park should be closed for that period of time to anyone walking or jogging past the site. Mayor McArthur commented he felt the event is a good thing and would be nice to see. City Manager Gary Esplin replied that the closure would be noticed, and just the section of the park where the event will be held will be closed. The other areas of the park can still be used. MOTION: A motion was made by Council Member Shakespeare to approve use of the park for the event. SECOND: The motion was seconded by Council Member Bunker. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. ACCEPT PROPERTY DONATION: Consider acceptance of a property donation from Leucadia Financial Corporation. City Manager Gary Esplin advised the property to be donated is located between the Las Colinas project and the river where a trail is being built along the edge of the subdivision. Leucadia would like to donate 3.7 acres. Mr. Esplin advised that Jeff Morby is Leucadia?s agent and has been good to work with over the years. MOTION: A motion was made by Council Member Almquist to accept the property donation. SECOND: The motion was seconded by Council Member Pike. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. Mayor McArthur invited a Scout in the audience to introduce himself. EXTEND LEASE: Consider approval of a request to extend the lease for an air quality monitoring station located in the Vernon Worthen Park. State of Utah, Division of Facilities Construction and Management, applicant. City Manager Gary Esplin explained an air monitoring station is currently located at Worthen Park near the horseshoe pits, and has been there for five years with no problems. He recommended approval of the extension. St. George City Council Minutes June 5, 2008 Page Ten MOTION: A motion was made by Council Member Pike to approve the lease extension. SECOND: The motion was seconded by Council Member Bunker. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. SOLAR CAMPAIGN: Consider approval of the Solar Project Public Information Campaign. City Manager Gary Esplin explained that this project will be one of the first in the state. In order to make it worthwhile, the public has to be involved and the City needs to get information out about it. He recommended approval. Mayor McArthur advised the budget is $60,000. The City helped sponsor legislation which lets citizens purchase a part of the solar system and receive tax credits in exchange. The solar system will be placed by the wastewater treatment plant. MOTION: A motion was made by Council Member Shakespeare to approve the campaign. SECOND: The motion was seconded by Council Member Almquist. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. SALE OF CITY PROPERTY: Consider approval of a sale of excess City property near the 11th green at Southgate Golf Course. Ron Whitney, applicant. City Manager Gary Esplin explained staff recommends approval of the sale of surplus property to the abutting property owner for $2 per sq. ft. The property is not useful to anyone else. Mayor McArthur commented sale of the property would clean up the area, and is one of a number of such sales of surplus property to adjacent property owners. MOTION: A motion was made by Council Member Bunker to approve the sale. SECOND: The motion was seconded by Council Member Pike. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. AGREEMENT: Consider approval of an agreement for transfer of water rights between the Bloomington Country Club and the Southgate Irrigation Company. Water Services Director Barry Barnum explained the seep ditch irrigation company by Southgate is an old company with few shareholders. The City holds the majority of the shares and runs the company. Steve Larson at the St. George Golf Course is president of the company. The company has agreed to transfer...

... BID OPENINGS: Consider rejection of bids for remodel of the Sunbrook Golf Course clubhouse. All bids received were over budget. It is recommended that they all be rejected at this time. Motion made by Councilmember Robert Whatcott to reject the bids for the remodel of the Sunbrook Golf Course clubhouse, simply because they were all over budget. Motion seconded by Councilmember Rod Orton. Motion carried. Councilmember Rod Orton asked how the City would then proceed. City Manager Gary Esplin stated that the City will consider all alternatives and get back to the Mayor and Council. Consider approval of the purchase of golf course equipment for City golf courses. There were three bids received, the recommendation is go with Rocky Mountain Turf, who submitted a complete bid with a total of $114,275.00. A discount will be given if the City purchases the whole package. Motion made by Councilmember Larry Gardner to award the bid for golf course equipment for the City golf courses to Rocky Mountain Turf in the amount of $114,275.00. It was seconded by Councilmember Suzanne Allen. Motion carried. City Council Minutes September 2, 1999 Page Two Consider approval of purchase of liquid chlorine and acid for the City pools. Recommendation to award the bid to Johansen Pool Service under the State bid program. The amount of the contract will be in the amount of $30,000.00. Motion by Councilmember Rod Orton to award the liquid chlorine and acid for the pools to Johansen Pool Service. It was seconded by Councilmember Robert Whatcott. Motion carried. Consider purchase of an asphalt roller for the Streets Department. The City received two bids, the low bid submitted by Cate Equipment in the amount of $33,300.00. With options recommended by staff, the amount comes to $34,395.00. A concern was brought to Councilmember Isom?s attention, in that the public wondered if the City really needs to purchase this equipment or could it be put out to bid and let a local contractor do the work. The asphalt roller is out to bid to be used for the chip seal projects coming up. There is only one vendor who is available on an on-call basis so the City does not receive very competitive bids. City Manager Gary Esplin stated that we would not be hiring anyone additional to provide this service. We will be using existing personnel as part of our ongoing maintenance operations. By State Law, we are required to bid our new construction projects, so these projects are for ongoing maintenance that the City does annually. The City would save enough to pay for the roller in three years. It?s more cost effective to have it done in house, because we have the personnel there that are qualified to do it. Motion made to approved the purchase of a asphalt roller for the Streets Dept. from Cate Equipment for the amount of 34,395.00 by Councilmember Robert Whatcott and seconded by Councilmember Rod Orton. Motion carried. Consider award of bid for various road reconstruction projects throughout the City. Bid summary is in the possession of Council. Motion made by Councilmember Suzanne Allen to award the bid for various road reconstruction projects to Western Rock in the amount of $587,312.06. It was seconded by Councilmember Larry Gardner. Motion carried. ORDINANCES Consider approval of an ordinance vacating a portion of 400 South St. between 900 and 1000 East on the south side of the street. Boyd Iverson, applicant, is asking that the excess right-of-way be abandoned in front of his property on 400 South between 900 and 1000 East on the south side. The City will have the property appraised and it will then be sold becausee the City owns the property as it was part of the original charter that the City received from the U.S. government. The City previously abandoned the excess property to the west of Mr. Iverson. Motion to approve an ordinance vacating a portion of 400 South St. between 900 and 1000 East was made by Councilmember Larry Gardner and seconded by Councilmember Robert Whatcott. Roll call vote, all voted aye. Motion carried. Consider approval of a resolution abandoning an easement between Lots 27 and 28 of the Choco Bench Subdivision. Request from the property owner to combine 2 lots in this subdivision and do away with the easement between the two lots with the City receiving the easements necessary from the edges of the lot. Engineering Department has reviewed this and recommend abandoning this easement. Motion made to abandon the easement, as explained, for the Choco Bench phase 1, with the understanding the property owner will provide another easement in exchange. Motion by Councilmember Robert Whatcott and seconded by Councilmember Rod Orton. Roll call vote, all voted aye. Motion carried. City Council Minutes September 2, 1999 Page Three STAFF REPORTS Consider report from the planning commission meeting held August 24, 1999. The Planning Commission recommended approval of a nonconforming use to replace an older mobile home with a double-wide manufactured home where there is also an additional mobile home on the same lot. Bill Matthews, applicant. The site is located in an RE-20 Zone at 1375 North 1125 West. There are a number of mobile homes and non-conforming uses in this particular RE-20 Zone, and this lot is only 18,750 square feet in size where the zone calls for a minimum of 20,000 square feet. The proposed new manufactured home which will replace the existing mobile home will be an improvement to the site and covered parking as well as the other design standards outlined in Chapter 9 of the Zoning Ordinance will be required for the new unit. The applicant?s father in law will be living in the other existing mobile home. The Commission recommended approval subject to the new unit meeting those design standards and the removal of the other mobile home when the father in law no longer lives there. Motion to approve a non-conforming use to replace the older mobile home with a new mobile home by Councilmember Larry Gardner, seconded by Councilmember Suzanne Allen, all voted aye, motion carried. Consider a request for approval of the final plat for Sunrise Ridge Phase II. Sunrise Ridge Phase II has 8 single family lots located in an R-1-8 Zone at 40 South 2300 East. Gorm Klungervik is the applicant. This plat conforms to the preliminary plat. The Planning Commission recommended approval. Motion made to approve the final plat for the Sunrise Ridge, Phase II, and authorize the Mayor?s signature by Councilmember Suzanne Allen and seconded by Councilmember Rod Orton. All voted aye, motion carried. Consider a petition for annexation for The Ledges annexation located north of the existing City boundary adjacent to Highway U-18. The Planning Commission has forwarded to the City Council a petition to annex 3,386 acres located north of the City boundary on both sides of Highway 18, up to and around Winchester Hills. Allen Gardner, R.C. Tolman and Utah State School Trust Lands are the applicants. This area is to be known as the ?Ledges Annexation.? This normally doesn?t go to the Planning Commission first, it just goes to the City Council to decide whether to accept the petition or not, but it was brought to the Planning Commission because instead of bringing it in as a R-110 zone they want to bring it in as mining and grazing. Mining and grazing is just a holding zone, until more finite plans are developed. The Mining and Grazing Zone allows for livestock grazing, sand and gravel extraction as a conditional use, and one dwelling per 20 acres, among other permitted and conditional uses. Prior to final annexation approval, various issues, such as utilities, road planning, hillside overlay zone area, need to be resolved. Councilmember Sharon Isom addressed the audience in which quite a few members were there about the petition for annexation. She acknowledged their presence and reiterated that this was not a public hearing, but only a agenda item to consider further consideration. City Attorney Jonathan Wright explained again that the annexation process is governed by State statutes, which the City follows. The first part of the process, after a petition is received, is for the City Council to simply say whether or not they would want to consider it and have further discussion. If the City Council votes to accept the petition for consideration at that point in time it goes to the City Recorder. The City Recorder then determines whether or not the petition meets the criteria a petition must meet under State law. If it doesn?t, the City Recorder would reject it and notify the City Council that the petition has been rejected. If it does meet the criteria required, then certain time lines, public notice requirements, and opportunities for those to give input or protest or at the very least before an annexation petition or annexation ordinance is adopted a public hearing before City City Council Minutes September 2, 1999 Page Four Council. Tonight is only to let the petitioner know whether or not City Council will give further consideration for annexation. Councilmember Larry Gardner declared a conflict of interest in this matter. He is more than willing to clarify for information sake, but he will not be voting on this issue. A motion to accept the application for the area to be known as The Ledges to be considered for further action or non-action was made by Councilmember Robert Whatcott and seconded by Councilmember Rod Orton. All voted aye, with Councilmember Gardner abstaining because of a possible conflict of interest. Motion carried. Consider a request for approval of a conditional use permit for an office building to exceed the 35' height limit at 200 East north of the City Police Building. A conditional use permit was requested for an office building to exceed the 35-foot height limit to 47 feet. Steve Brown and Gary Tooke, applicants. The building is to be located in an A-P Zone, north of the Police Station along 200 East. Because 200 East will be curving around the site, essentially forming a corner lot, the building height was averaged between the north and east sides of the building at sidewalk grade. The north elevation will be two-story and the south elevation will be three-story with a finished floor to roof peak height of 59 feet. The increased height is being requested because of a taller facade that will help dress up the southern building elevation. If the taller facade is not allowed, the overall height of the building will be decreased by 14 feet and the southern elevation will have a different appearance. One Planning Commissioner stepped down when this item was discussed at the Planning Commission meeting because of a conflict of interest. The Planning Commission recommended approval. The only part that exceeds the height requirement is the peak, otherwise it meets the current ordinance requirements. The peak would give the building more personality. Steve Brown explained the back of the building. The back side you?ll see basically the same stucco color pattern with covered walkways and decorative railing. He said it should be beautiful on both sides. George Rampton spoke. He has an objection to the height of the building, he would like to see the height stay at 35'. The building is up against the red hills of Dixie, and will block the view of the hills and distract from the beauty of the hills. He wished that the ordinances be held as they are. Twelve (12) people stood in support of Mr. Rampton. Motion for approval made by Councilmember Larry Gardner, seconded by Councilmember Suzanne Allen, all voted aye, motion carried. Consider a request for approval of a conditional use permit for an LDS Institute building to exceed the 35' height limit to 38.5 feet located at the northwest corner of 1000 East and 400 South. A conditional use permit for an LDS Church Institute building to be located in an R-4 Zone at the northwest corner of 1000 East and 400 South. The LDS Church is the applicant. The request includes exceeding the 35-foot height limit to 38.5 feet. The height is measured to the midpoint of the pitched roof, and is averaged between the two street sidewalk grades. This property used to be part of the Dixie College campus but the LDS Church traded the old institute building on 100 East for this site. Councilmember Robert Whatcott stated that knowing the City Council is looking at this ordinance and that it is a good possibility that the ordinance will be changed in the next month or so, and that the building does meet all the criteria of the new ordinance and would be under the proposed height requirement. He made a motion to approve this conditional use permit for the LDS Institute Building. It was seconded by Councilmember Rod Orton. All voted aye, motion carried. City Council Minutes September 2, 1999 Page Five Consider approval of a license agreement with Mr. Kay Traveller for drainage improvements adjacent to the Tonaquint Cemetery. The drainage improvements adjacent to the new Tonaquint Cemetery are necessary temporarily until the property Mr. Traveller owns to the west of the cemetery is developed. Flooding in this area has occurred previously, because over the years there has been a dike constructed which diverts the water from it?s natural drainage area. This agreement will allow the City to breach the dike and provide drainage facilities that will take the water to the Santa Clara River and protect the Tonaquint Cemetery that is being built. Mr. Traveller has agreed to allow those improvements to go on his property on a temporary basis. The City is anticipating doing a rough grading and then when he develops he will put in the permanent drainage structure. This agreement allow us to go forward and protect our investment in the Cemetery, as explained by the City Manager. Motion for approval of the license agreement with Mr. Traveller for the drainage improvements by Councilmember Larry Gardner and seconded by Councilmember Robert Whatcott. All voted aye, motion carried. Consider a request for approval of a special event permit for October 23, 1999 at Worthen Park. Scott Taylor - President/CEO Samaritan Marketing, applicant. Samaritan Marketing is dedicated to helping small businesses, and is currently working with132 business organizations. This event would be a community party at the park, stage entertainment, games, and special events for kids and adults. 11:00 a.m. thru 9:00 p.m. There will be food sold, businesses will have booths and will sell their products, and will comply with City sales tax regulations. There will be between 30 to 50 businesses supporting this and donating. There is no profit, all money taken in will be used for advertising of the event. The Mayor questioned if the businesses participating have to be a member of this organization to be involved and if there is charge to be a member of this organization. There is a charge of $160.00 per year to be members. Samaritan Marketing is asking each business to donate $100.00 toward this event. It is for Samaritan Business owners only. There will be demos, and selling by the businesses The main purpose is not to sell products but to bring an awareness of the businesses in the community. The question by all the Council members was ? Should the City facilities that are supported by the taxpayers be afforded the use by commercial operations?? Deputy City Attorney Ron Read has authorization to grant special event permits where they have outdoor music and activities, but because of the nature of this request and our understanding of the policy of the City before , not to allow utilization of the park for commercial uses determined that he would not make that determination but allow City Council to hear it and render it?s decision on whether or not to issue this special event permit. Suggestions for alternate areas that could be used for this kind of event by the City Council were the Dixie Center, or school areas. Councilmember Robert Whatcott likes the concept of the event but feels that this situation is like the height limitation that Council is currently studying, and that is once they say yes, we have no right to say no to anybody else and literally our park becomes a park filled with commercial activity week in and week out instead of being a public park for people to enjoy. It becomes a place to advertise and is no longer a public park and he is concerned about setting that precedent. Motion for denial was made by Councilmember Suzanne Allen and seconded by Councilmember Sharon Isom. All voted aye, motion carried. Consider a proposal for food concessions at City events. Mr. Tim Tabor, applicant. This would be a mobile concessions trailer that could be moved to many of the facilities, such as Bluff St. Park and Bloomington Park where events and recreational activities are held. The ability to service alternate locations is a benefit to Leisure Services and to the participants. With the portable unit there will be no cost to the City or Leisure Services for City Council Minutes September 2, 1999 Page Six building maintenance or up keep. The portable unit is the total responsibility of the owner. The ability to take the trailer home helps with the problem of security. The trailer to be used is a 4 x 8 trailer that was built to be used as a concessions trailer. All food is prepackaged, so there will be no preparation facilities in the trailer. The trailer may be run with a generator or electrical outlets. The trailer will be operated by Tim Tabor, his daughter or other members of his family. The personnel will also be responsible for cleaning up the area around the trailer, during and after a event. Tim has talked with Herb Basso, and Herb is really interested in it because they have never been able to get anybody to work the concessions at Bluff St. Park and other locations. This service would just be at sponsored events by Leisure Services and the City, such as soccer games and football games. He would operate everywhere except at the softball fields. It would not have effect on the Little League games. Leisure Services will receive 10% of the gross during a probationary period. At the end of this period, Leisure Services and TWT Productions will look at possibly using a flat fee or continuation of percentage of gross. There will be sales tax collected. City Attorney Jonathan Wright stated that this is a concept being discussed tonight and that we will still need to send out proposals to give other operators the chance to propose as well on the concessions. We usually put out a request for proposals for concessionaires to enter into a concession contract in any location in the City. There would be set hours for different places and Tim will work with Herb Basso on the schedule. A motion to grant approval of the concept and proceed with the next step was made by Councilmember Sharon Isom, and seconded by Councilmember Rod Orton. All voted aye, motion carried. Consider a request for approval of a beer license for the snack shop at Entrada Golf Course. Steve Sharp, applicant. There is a existing beer license at this location. The person who has that license is no longer there, so this will be a new license to a new owner, but not increase the number of licenses available. The reports all came back fine. Motion to grant approval for a beer license at Entrada Golf Course was made by Councilmember Rod Orton and seconded by Councilmemb...

...solution authorizing sale of City-owned property adjacent to the Southgate Golf Course. Gary Gardner, applicant. Community Development Director Bob Nicholson explained that the City received a request from Gary Gardner for purchase or lease of approximately 3,395 sq. ft. of property to the rear of his home on Lot 33 in the Southgate Hills Subdivision. The City in the past has sold fringe property around its golf courses for $1 a sq. ft. Letters were sent to surrounding property owners notifying them of this request. Photos of the site were distributed. Council Member Orton inquired if the area would be improved and landscaped once it was purchased or leased. Mayor McArthur replied that the property owner would be responsible for maintenance of the property. Mr. Nicholson advised the home is under construction and is just about ready for occupancy, however, the applicant has been told not to occupy the home until this issue is resolved. Gary Gardner, applicant, explained that the day he took out his building permit he inquired of the City what was required to fill in the back of his lot. He was told to see Dave Terry. Dave Terry told him to make sure the fill was sloped and covered with rock to prevent erosion, and he therefore proceeded in that manner. However, during construction he received a red tag from a building inspector who said a neighbor had complained his view was being blocked. He contacted the City Attorney to discuss his options, and was advised his options consisted of removing the fill or requesting permission to purchase the property. He advised a petition had been signed by 24 of his neighbors who have no complaints about the fill. He inquired about the option of a long term lease, or suggested the City can grant anyone permission to put dirt on its property and build a home, just as long as it is in writing. City Attorney Jonathan Wright replied that the City could not allow anyone to take control of its property for free, as it has to get fair market value for the property, and Mr. Gardner has encroached onto City property. Mr. Wright explained that Mr. Gardner extended his lot by 3,000 feet in order to create a backyard, and if the City granted approval of his request, it would have to do so for the next person also. Mr. Gardner explained it was not his intent to cause problems, but there were several others who encroached on the golf course area, and he failed to understand why it is fair for one person to encroach and not another. City Attorney Jonathan Wright replied he would like to know who the property owners are who are encroaching onto City property, as they clearly cannot take over City property without paying for it. W. R. Lobato, owner of Lot 29 in Southgate Hills, distributed photos of the site, and explained the rock used by Mr. Gardner consisted of rubble and debris which was excavated to build his basement. He stated the rubble was not in harmony with the neighborhood, and he is the only one who will be directly affected by the decision of the City Council. He stated that if the Council granted Mr. Gardner's request, it would have to do so for the next person too. St. George City Council Minutes June 20, 2002 Page Three Mr. Nicholson explained that Mr. Terry gave Mr. Gardner permission to temporarily use the land until his home was completed, and the building inspector asked him to remove the dirt prior to occupancy. Council Member Gardner inquired if the issue concerned appearance rather than distance and height. Mr. Lobato replied that it was an imposition of space, implied or otherwise. However, he would not be unreasonable and would consent to what has been allowed in the neighborhood. He stated that real estate was not selling and all the help possible was needed to sell homes, and this is an impact on the sale of his home. Mr. Gardner stated that his home is 7,860 sq. ft. and that its cost had a greater impact on the value of Mr. Lobato's home than a small amount of dirt. If the lot between his home and Mr. Lobato's is filled and a retaining wall built, Mr. Lobato will not even be able to see the rock. Further, Mr. Lobato's home was for sale long before he began construction of his home, and its lack of sale has nothing to do with the back of his home, nor has it devalued Mr. Lobato's home. He stated he was anxious for a resolution so he could move into his home. He had $48,000 in additional costs to compensate for the blue clay and expansive soils, and would appreciate anything the City could do to help financially. Mayor McArthur commented the question was the encroachment onto City property. City Attorney Jonathan Wright advised that Dave Terry did not give Mr. Gardner permission to use the property, and building department staff all told Mr. Gardner he could not push the excavated dirt onto City property and that it would have to be removed. This is why there has not been an occupancy permit. He advised he also filed a notice of encroachment with the County Recorder. Council Member Gardner commented it appeared from the pictures that the fill consists of an unsightly layered slope and deserved more consideration. He suggested Mr. Gardner be given the option to remove the dirt and comply, or the property sold or leased to him with the condition that the area be properly landscaped and terraced to blend into the neighborhood. Council Member Orton agreed with Council Member Gardner, and commented that if the City is going to start selling property along the golf course in this area, it had better come up with a plan for the entire area. If the property is purchased, it should be improved to City standards to be consistent with the rest of the neighborhood. Mr. Gardner will not see his rock retaining wall, but the neighbors will, and he stated he hoped it was not the finished product and would blend in. Mr. Gardner commented he wanted the wall to look more natural, and the pictures were deceiving. Council Member Orton suggested a site visit. A site visit was scheduled for 7:00 a.m. the following morning, June 21, and this item was continued until then. A final decision will be made by the City Council at its meeting of July 11. SET PUBLIC HEARINGS: Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held June 11, 2002, recommended the following items be scheduled for public hearings to be held July 18, 2002 at 5:00 p.m.: (1) A zone change from R-1-10 to AP on 4.16 acres located on the northeast corner of 280 North Mall Drive. Brad Stucki, applicant. St. George City Council Minutes June 20, 2002 Page Four (2) A zone change from RE-37.5 to RE-20 on 4.62 acres located at 750 North 1250 West. Brad Griffiths, agent. (3) An amendment to the Zoning Ordinance, Chapter 17, Planned Development, regarding residential side and rear yard setbacks, and Chapter 24, Definitions, for basement, story, and story above grade. A motion was made by Council Member Isom and seconded by Council Member Allen to set the public hearings as recommended by the Planning Commission. Mayor McArthur called for a vote, as follows: Council Member Isom - aye Council Member Allen - aye Council Member Gardner - aye Council Member Whatcott - aye Council Member Orton - aye The vote was unanimous and the motion carried. PRELIMINARY PLAT: Associate Planner Mark Bradley explained that the Planning Commission, at its meeting held June 11, 2002, recommended approval of the preliminary plat for Tonaquint PD Commercial Center Phase II with four lots located on 1600 South off of Dixie Drive. The four lots within the subdivision are Lots 2, 3, 4 and 5 east of the new building along Dixie Drive which is Lot 1 in Phase I of the Tonaquint PD Commercial Center. Each of the proposed lots are less than half the size of Lot 1 in Phase I. There is an irrigation drainage channel which runs through Lot 5 that is in the process of being resolved. The Planning Commission recommends approval. Kay Traveller is the applicant. A motion was made by Council Member Gardner and seconded by Council Member Orton to approve the preliminary plat. Mayor McArthur called for a vote, as follows: Council Member Gardner - aye Council Member Orton - aye Council Member Allen - aye Council Member Whatcott - aye Council Member Isom - aye The vote was unanimous and the motion carried. FINAL PLAT: Associate Planner Mark Bradley explained that the Planning Commission, at its meeting held June 11, 2002, recommended approval of the final plat for Coral Desert Subdivision with three lots located at 1450 East Foremaster Drive. The west portion of 1450 East will be dedicated along with the plat. David Blake is the applicant. A motion was made by Council Member Gardner and seconded by Council Member Whatcott to approve the final plat and authorize the Mayor to sign it. Mayor McArthur called for a vote, as follows: Council Member Gardner - aye Council Member Whatcott - aye Council Member Orton - aye Council Member Isom - aye Council Member Allen - aye The vote was unanimous and the motion carried. CLARIFICATION OF HEIGHT: Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held June 11, 2002, discussed a height clarification of the proposed Senior Citizens Center at 200 North on 200 West. Height to the cupola will be St. George City Council Minutes June 20, 2002 Page Five 48 feet, with the main portion of the building at 35 feet. The main issues discussed were parking, neighborhood impacts, and existing trees. The clarification is whether the City Council understood the height to be higher than 35 feet. The Planning Commission understood it to be part of the approval. Randy Smith is the agent. A motion was made by Council Member Allen and seconded by Council Member Orton to approve the height of the cupola on the new Senior Citizens Center to 48'. Mayor McArthur called for a vote, as follows: Council Member Allen - aye Council Member Orton -aye Council Member Whatcott - aye Council Member Gardner -aye Council Member Isom - aye The vote was unanimous and the motion carried. CONDITIONAL USE PERMIT: Consider a request for approval of a conditional use permit to consider an increase in the height of an office building up to 50 feet at the highest point with most of the building at 44'2" located on the northwest corner of 1100 East 700 South. Larry Belliston, applicant. Associate Planner Mark Bradley explained that the Planning Commission, at its meeting held June 11, 2002, recommended approval of a conditional use permit for an increase in height for an office building up to 50 feet at the highest point with most of the building at 44 feet two inches. The office building will be located on the northwest corner of 1000 East 700 South. The Planning Commission's two main areas of concern were: (1) the building height in reference to the location within the community, with specific comparisons to the freeway; and (2) traffic impacts on 700 South. The applicant satisfied the height concern with photos taken from different angles and will submit a traffic impact study per the City's Traffic Engineer. The applicant will need to comply with the mitigations to address impacts of the projects. The St. George Medical Park at 736 South 900 East was approved for a 40 foot height. The actual height according to the approved set of building plans shows a height of 38.5 feet. The Coral Desert Health Facility on Foremaster Drive was approved for a height of up to 43 feet to the top of the parapet wall and 52 feet to the top of the entrance arch. The new IHC hospital was approved for a height of 96 feet to the highest point of the structure. A motion to approve the conditional use permit was made by Council Member Orton and seconded by Council Member Allen. Mayor McArthur called for a vote, as follows: Council Member Orton - aye Council Member Allen - aye Council Member Whatcott - aye Council Member Isom - aye Council Member Gardner - aye The vote was unanimous and the motion carried. CONDITIONAL USE PERMIT: Consider a request for approval of a conditional use permit to convert an existing business to a used car sales facility at 1135 East 700 South. Paul Proctor, applicant. Associate Planner Mark Bradley explained that the Planning Commission, at its meeting held June 11, 2002, recommended approval on a four to three vote subject to: (1) a letter of indemnity agreement with a condition that the conditional use permit will expire when there is a change of lessee or owner; and (2) the site will be improved to meet the Zoning Ordinance requirements, St. George City Council Minutes June 20, 2002 Page Six such as street trees, paved parking, and display areas. There are serious drainage issues at the site, and mitigation will require an elevation raise of two feet or more. In order to use the site without extensive engineering, the applicant has proposed to sign an agreement holding the City harmless from any liability of potential flooding on the property. The City Attorney has drafted a letter of indemnity for signature. Fence will also have to be reinstalled at the north property line. A motion was made by Council Member Allen and seconded by Council Member Orton to approve the conditional use permit subject to the recommendations of the Planning Commission. Mayor McArthur called for a vote, as follows: Council Member Allen - aye Council Member Orton - aye Council Member Isom - aye Council Member Gardner - aye Council Member Whatcott - aye The vote was unanimous and the motion carried. CONDITIONAL USE PERMIT: Consider a request for approval of a conditional use permit for a mental health/drug and alcohol counseling facility located in a C-3 zone at 561 E. Tabernacle. Russell and Leslie Talbot, applicants. Associate Planner Mark Bradley explained that the Planning Commission, at its meeting held June 11, 2002, recommended approval. The applicants provided a detailed letter explaining the proposed hours of operation, counseling background, etc. The daytime hours will be for individual counseling and the evening hours for group counseling. As shown on the site plan, the only proposed changes to the site would be the request to extend the driveway bridge and establishment of a sign. This building has been used for both commercial and residential. The main concern is the parking for the group counseling sessions in the evening. The applicants advise that most of the group will not be driving. The applicant would like to use a metal plate to extend the driveway bridge instead of using concrete. A motion was made by Council Member Whatcott and seconded by Council Member Gardner to approve the request with the requirement that the driveway bridge be extended permanently with concrete, rather than with a metal plate. Mayor McArthur called for a vote, as follows: Council Member Whatcott - aye Council Member Gardner - aye Council Member Allen - aye Council Member Isom - aye Council Member Orton - aye The vote was unanimous and the motion carried. CONDITIONAL USE PERMIT: Consider a request for approval of a conditional use permit to increase the height of an accessory building up to 25 feet located at 716 Traveller Terrace. Kay Traveller, applicant. Associate Planner Mark Bradley explained that the Planning Commission, at its meeting held June 11, 2002, recommended approval. The building is proposed to be a detached garage/accessory building, and was originally proposed as a two story accessory building. It was addressed, however, as a single story building due to requirements in the supplementary chapter of the Zoning Ordinance: "No accessory building shall be erected to a height greater than one story or 15 feet unless recommended by the Planning Commission and approved by the City Council as a conditional use permit (Section 15-4). The applicant requests approval of a two story building instead of one story. St. George City Council Minutes June 20, 2002 Page Seven Kay Traveller, applicant, explained the accessory building would be located 20'-30' from the nearest property line. City Attorney Jonathan Wright advised that the Zoning Ordinance does not allow two stories, and simply refers to height, not stories. An accessory building cannot be higher than one story or 15' without a conditional use permit, but cannot be two stories in any event. Mr. Traveller advised the accessory building will be a garage with a storage and hobby room on the second floor. Mr. Wright advised the accessory building would have to be open to the rafters, with no second story rooms. The City Council can grant a conditional use permit for any height, but not for two stories. Council Member Gardner inquired why the Zoning Ordinance did not provide for flexibility to change the number of stories as well as the height with a conditional use permit. City Attorney Jonathan Wright replied that if one exception was allowed, they would all have to be allowed. Mr. Traveller commented that there are a number of accessory buildings in town with a mother-in-law room above the garage. City Attorney Jonathan Wright replied that the ordinance allowed them in the past, but was amended to prohibit them. A motion was made by Council Member Whatcott and seconded by Council Member Isom to approve the conditional use permit for a one story accessory building up to 25 feet in height. Mayor McArthur called for a vote, as follows: Council Member Whatcott - aye Council Member Isom - aye Council Member Orton - aye Council Member Gardner - aye Council Member Allen - aye The vote was unanimous and the motion carried. ANNOUNCEMENT RE DARTS FUNDING: Mayor McArthur announced that anyone present to make comments concerning funding of the DARTS system as part of the City's budget adoption would be welcome to make them, but the City Council would not authorize any expenditures for this system until a later time. The City Council just recently received a study of the DARTS system done by a consultant and has not had time to digest the information. The City's annual budget will be adopted at this meeting, as required by law, with funds left in place for the DARTS system, but this decision will be made at another City Council meeting in July. PUBLIC HEARING/ANNEXATION ORDINANCE: Public hearing to consider a petition for annexation of approximately 14.571 acres located in the Little Valley area of the City. Community Development Director Bob Nicholson explained that the City previously received a request from Gary Milne to annex approximately 14.57 acres along 3430 East at about 2100 South to the City of St. George. No protests were received. The Planning Commission recommends zoning of A-1. Mayor McArthur opened the public hearing. There being no public comments, he closed the public hearing and called for a motion. St. George City Council Minutes June 20, 2002 Page Eight A motion was made by Council Member Whatcott and seconded by Council Member Isom to approve, by ordinance, the Milne Addition to the City of St. George. Mayor McArthur called for a roll call vote, as follows: Council Member Whatcott - aye Council Member Isom - aye Council Member Orton - aye Council Member Gardner - aye Council Member Allen - aye The vote was unanimous and the motion carried. PUBLIC HEARING/ZONE CHANGE/ORDINANCE: Public hearing to consider a request for a zone change from R-1-10 Single Family Residential to AP Administrative Professional Office for property located at approximately 115 South Mall Drive. Rocky Mountain Corporation and Kent Heideman, applicants. Community Development Director Bob Nicholson explained this item should follow adoption of the General Plan, as it is not consistent with the current General Plan adopted in 1995. Mayor McArthur advised that the public hearing on the General Plan would be held, but a decision by the City Council on this particular issue would be continued until the next meeting. Mr. Nicholson advised that the Planning Commission recommends approval of the zone change and the Amended General Plan. PUBLIC HEARING/IMPACT FEE SCHEDULE/ORDINANCE: Public hearing to receive input regarding adoption of the City of St. George impact fee schedule. Water and Power Director Wayne McArthur distributed discussion guidelines. With regard to water, he recommended impact fees in an amount up to 75% of the maximum allowed, from $1,600 ERU to $2,250 for a 3/4" meter or ERU. The maximum allowable by law was established as a compromise between the Alpha Study and Kemp Study. 80% of the maximum allowable would be $2,400, 85% would be $2,550, 90% would be $2,700, and 100% would be $3,000. Comparisons with impact fees charged by Hurricane, Ivins, Santa Clara and Washington puts the City below all of these cities, and well below some of them. With regard to power impact fees, the proposed rate increase is based on a three year pro forma cash flow analysis and an increase to $2,265 for a 200 amp panel is recommended, up from $1,500. However, the City is considering entering into a long term contract for power with one supplier, and if this works out, it might affect the proposed power impact fee. Council Member Gardner inquired if it would be best to hold off on any increase to the power impact fees until it is determined whether or not the City will enter into a long term contract for power. Mr. McArthur replied that there were still too many unknowns, and recommended that the City Council consider the impact fee increase now, and if the agreement is entered into, the impact fees can be reviewed at that time. He advised that the Power Department was losing $200,000 to $300,000 per month, and the impact fee increase is needed now for revenue. Mayor McArthur inquired if setting impact fees at 75% of the maximum would pay for capital improvements. Mr. McArthur replied that there are only certain ways impact fees can be used. They cannot be used to improve the level of service, but they can be used to buy into the system. St. George City Council Minutes June 20, 2002 Page Nine Council Member Orton advised that 80% of the maximum power impact fee would be $2,420, 85% would be $2,570, 90% would be $2,720, and 100% would be $3,020. Mr. McArthur advised that the recommendation from the Water and Power Board is that power impact fees be set at 75% of the maximum. Council Member Gardner commented that the Alpha and Kemp studies referenced power impact fees according to amp size, but the discussion now is about ERUs. Mr. McArthur clarified that a 200 amp panel is residential, and if a larger panel is put in, the impact fee will be based on the incremental amount of power drawn through that size of panel. Mayor McArthur explained that if the City sets impact fees at 100% of the maximum allowed, it could be challenged in court. City Attorney Jonathan Wright clarified that 100% of the impact fee would be paid, which is 75% of the study. Mayor McArthur opened the public hearing. Lucille Boren inquired why the City was issuing permits for new homes during a time of drought. She inquired if owners of single family residences had to pay impact fees. She was advised that everyone who builds a new home pays impact fees. Mayor McArthur clarified that if someone buys a used home, there are no impact fees due the City, but anyone building a new home will pay impact fees. Historically, PUDs have paid less impact fees than single family residences. Ms. Boren inquired if golf courses paid impact fees. Mayor McArthur replied that any connection to the system requires an impact fee. Ms. Boren explained that she is on a limited income and cannot afford certain prescriptions because of rising expenses. Mayor McArthur explained that culinary water is not used to water the City's golf courses, and in many cases golf courses are watered by well water. Ms. Boren inquired why the well water could not be used for culinary purposes. Mayor McArthur replied that the water was not culinary quality. Ms. Boren inquired if the City was going to continue to allow new housing developments, as this does not provide the City with more water or power. Mayor McArthur replied this was the purpose of impact fees. Tyler Nelson, representing the AOPC, congratulated the Mayor and Council on the City's Water Efficient Landscape Guide, and reported she had heard landscapers were not in favor of it as their reputations depended on the grass looking great. She also expressed appreciation to the Wastewater Department for inspecting sewer systems in PUDs and advised that ten have been accepted so far. She explained that the AOPC currently has 80 association members and represents 6,000 homes. With regard to impact fees, someone has to pick up the actual cost of supplying infrastructure for all the new development, and impact fees charged to developers and homebuilders help pay for part of the cost to supply this infrastructure. She inquired why the City was only considering increasing water and power impact fees, when real infrastructure costs affect streets, fire protection, police protection and schools. She explained St. George City Council Minutes June 20, 2002 Page Ten that the difference between real sustainable growth and artificial growth is that sustainable growth pays for itself. The current growth rate of 7.5% results in a 100% increase in the resources needed to rebuild infrastructure every 10 years. This is not sustainable growth and real costs are just now beginning to roll in. The current water and power impact fees are far below the cost of furnishing resources, and ratepayers are picking up almost half the cost of supplying water and power to new structures. The water impact fee is currently $1,600 when the actual cost is $2,800. The new proposed impact fee will only cover $500 of this $1,200 difference. The City is proposing that it is fair for ratepayers to subsidize builders into the future, and if growth has been good for everyone, why is it costing ratepayers $1,200 for each new home built in the last two years. The proposed impact fees fall way short of covering the actual cost. The current power impact fee is $1,500, when the actual cost is $3,200. This $1,700 difference again means each new home, even after the proposed increase of $900, leaves ratepayers with another $800 not paid for by new development. If growth is good, then why is it costing ratepayers $1,700 for power for each new home built? If growth is good for everyone, then why has it been costing ratepayers a combined total of $3,300 for each new home built in the last two years just to supply water and power? In summary, growth that is sustainable pays its own way, and water and power ratepayers in St. George should not be forced to subsidize excessive growth so that a few men can make a fortune. She recommended that all impact fees be raised, and to a level to pay the cost of future development. She further suggested that the City inspect new PUD developments to assure requirements are met, instead of allowing them to avoid costs by putting in one meter to serve 28-35 homes. Council Member Gardner commented that the community's growth rate was about 3%. Community Development Director Bob Nicholson advised that the City's growth rate is now between 4% and 5%, but varies from year to year based on the number of building permits issued. Council Member Gardner commented that the demand on the system is partly created by the purchase of new electronic appliances, etc. by current residents, which makes more demand on the system, and it is not just new growth which impacts the system. Gil Nicola asked the mayor to repeat the amount of savings achieved in water and power over the last year. Mayor McArthur replied that the figures he had are for water only, and currently today's water savings are 8% over last year at this time. In months previous this amount has been as high as 18%. Mr. Nicola inquired about savings in power. Water and Power Director Wayne McArthur replied that the City was currently running 12%+ over last year at this time. Mr. Nicola commented he did not believe the City was going to meet power supply demands with the increased demand on the system. He inquired if there was any yearly discussion about adjusting impact fees since 1995. Mayor McArthur replied that any adjustment to impact fees must be based on a study of the capital facilities plan, and this will be reviewed every five years. Mr. Nicola commented that it seemed appropriate to make a review a great deal more often than has been done in the past, and growth should be paying more of its own way, and this should not be put on the ratepayer. Council Member Gardner commented that the Water and Power Department walks a fine line, and while conservation may be good in some respects, if no one is using the water or power, the City still has to pay for it. He commented St. George City Council Minutes June 20, 2002 Page Eleven there was adequate water and power but everyone should be wise in their use. If everyone cuts back, the City will go into the hole, and in fact some cities have had to raise rates because conservation had been so successful the cities could not meet their bond payments. Mr. Nicola commented that while he has never made the argument that growth was not important, he felt subsidized growth is not something the City should be doing. Joe Caby commented that ten years ago some citizens were fighting for 3% growth and were defeated. 3% then was a lot less than today. Jim Thorley inquired about the increased percentage in power over the last 10-15 years. Water and Power Director Wayne McArthur replied that rates were increased in 1991, and then again this year. This years power rate increase was 40%. Mr. Thorley challenged Ms. Nelson's figures and her statement that existing residents are subsidizing new residents. He commented that by law all impact fees can do is pay for the impact new homes have on the system. He inquired of Ms. Nelson where she obtained her figures. Ms. Nelson replied she obtained her figures from the City's own study. Mr. Thorley inquired if the City's cost for water for each new home was truly $2,250. Mr. McArthur replied that the City's cost was actually $3,000 for water for each new home, and this $3,000 includes the cost of infrastructure needed. Mr. Thorley inquired if $3,000 was the City's present cost, or future cost. He commented his power bill has not gone up other than the 40% increase, and has not even kept up with the cost of living over the last 20 years. Council Member Gardner commented that last year the City grew 3%, yet water use went up by 6%-7%, which means that existing residents were using twice as much. Mr. Thorley commented they should then pay twice as much. Council Member Gardner commented in that scenario, new growth subsidized existing residents. Ms. Nelson inquired about the need to build new water tanks. Council Member Gardner replied that part of the water tank is devoted to water for existing citizens who want to plant more grass, as well as for new residents. It is not fair for existing people to pay for total growth, nor is it fair for new growth to subsidize existing residents. Mr. Thorley commented that a true environmentalist is one whom has already built his home. Ms. Nelson commented there were currently 1,200 homes for sale in St. George. Mr. Thorley commented that he did not like to see the attitude that now we're here, let's sock it to everybody who comes. Council Member Gardner commented that residents of St. George have access to some of the cheapest power rates in the state. Mr. Nicola commented that a footnote to the City's Water Development Impact Fee Study says that state law allows existing residential to subsidize new St. George City Council Minutes June 20, 2002 Page Twelve development, but new development cannot subsidize existing residents. Existing residents will subsidize new development if impact fees are set lower than the maximum allowed. He advised that when he inquired why impact fees were set at 75% in 1995, he was advised it was because staff recommended it. He inquired of the City Council if staff recommended impact fees be set at 50%, would they accept that? He commented that impact fees must have been set at 75% for some reason, and that reason was probably to stimulate growth. The question is how much growth do we have infrastructure for. Mayor McArthur advised that the building trade in St. George supports impact fees because it realizes the importance of providing infrastructure. Council Member Allen commented that the 75% figure was not just pulled out of the air, as the City commissioned studies from professionals across the country and held many meetings on the matter. A lot of consideration was given to this figure, and it was arrived at after a lot of compromise and discussion. Paul Carter, a member of the AOPC, expressed concern that the Power Department was experiencing a deficit of $200,000 to $300,000 each month. He stated he hoped the Mayor and Council would take into consideration this deficit, as the City cannot operate in a deficit. If this means raising impact fees, then it should do so to continue to provide the quality of life currently enjoyed in St. George. Mayor McArthur advised that by law, impact fees cannot be used to get the City out of a deficit, but with a combination of rates and impact fees, it is trying to reach its goal of a 18%-20% reserve. Lucille Boren inquired if the City considered using reclaimed water for irrigating lawns. Mayor McArthur replied that this was currently in the works, and next year the City will build its reuse facility to treat waste water and use it to water its golf courses. Jim Guard commented he was not sure the comparison of...

...y not make a profit but the large deficits have ended. He explained in the golf fund it shows that there is a deficit. It is a result of capital projects approved by Council to be paid for by a loan. The interest is shown on the books, although payments aren't be due until 2007. Revenues in the golf department are better than in previous years. Council Member Orton complimented the staff for keeping within the budget. Council Member Orton made a motion to approve the financial statement for June 2002. Council Member Isom seconded the motion. The vote was as follows: Council Member Whatcott: aye Council Member Orton: aye Council Member Isom: aye Council Member Allen: aye Council Member Gardner: aye Motion carried Bid Openings: Consider award of bid for the purchase of mobile radios and accessories for the Police Department City Manager Esplin indicated the recommendation is to purchase 8 mobile radios and accessories under the State contract with Motorola in the total amount of $86,773.75. Mr. Riggs, of the Police Department, indicated the radios will be purchased under a grant. He explained the repeater burned up some time ago and replacement parts are no longer available. The repeater will be replaced and a second one added. The grant is for 2 digital repeaters and 8 radios. The Mayor asked if officers will be able to communicate throughout the State? Mr. Riggs indicated they won't be able to communicate with those on the 800 mhz band, but a normal scanner won't pick these radios up and officers will be able to communicate with older radios. Council Member Gardner made a motion to award the purchase of mobile radios and accessories for the Police Department under the State contract in the amount of $86,773.75. Council Member Allen seconded the motion. The vote was as follows: Council Member Whatcott: aye Council Member Orton: aye Council Member Isom: aye Council Member Allen: aye Council Member Gardner: aye Motion carried Consider award of bid for a blanket contract for alum for the Quail Creek Water Treatment Plant (QCWTP). City Manager Esplin explained this is a blanket contract for a necessary chemical for the QCWTP. He recommended accepting the bid from Thatcher Chemical, the only vendor to respond to the bid request. The purchase order will be issued for the fiscal year, not to exceed $30,000. Deputy Director Solomon explained that when water comes into treatment plant, it is mixed with alum to remove the dirt. It is the primary chemical used to treat the water. Council Member Gardner made a motion to award the bid to Thatcher Chemical, not to exceed $30,000. Council Member Whatcott seconded the motion. The vote was as follows: Council Member Whatcott: aye Council Member Orton: aye Council Member Isom: aye Council Member Allen: aye Council Member Gardner: aye Motion carried Consider award of bid for a blanket contract for PAC for the Quail Creek Water Treatment Plant. Deputy Director Solomon explained PAC stands for power activated charcoal. It is used to remove taste and odor from the water. He explained both this and the previous blanket contract numbers are based on the previous years numbers. The price is almost the same although alum has increased slightly. Council Member Gardner made a motion to award the bid to Thatcher Chemical for the purchase of PAC, not to exceed $30,000. Council Member Isom seconded the motion. The vote was as follows: Council Member Whatcott: aye Council Member Orton: aye Council Member Isom: aye Council Member Allen: aye Council Member Gardner: aye Motion carried ORDINANCES Consider approval of ordinance amending Title 5, Chapter 2, Section 15, and St. George City Code, relating to proximity limits for issuance of beer licenses. City Manager Esplin explained that Acting City Attorney Read has drafted new language to deal with some concerns expressed in previous meetings. Acting City Attorney Read indicated there is language for a variance in the ordinance. He drafted the language so it would meet the requirements of the first element in the ordinance. The second element would have to be met by the applicant. This would make it one step easier for an applicant requesting a license where there an existing a violation of the distance requirement. City Manager Esplin explained if Council approves this amendment, an applicant would have to meet both criteria. The applicant would automatically meet the first criteria if there is already an existing violation. The second element would still have to be met. The burden of proof is on the applicant to show the existing encroachment and their application does not create a detrimental effect. Council Member Orton asked if the Council can do this by granting variances on a case-by-case basis. The Council discussed if it would be better to leave the ordinance as it is rather than approve the amendment. The percentage of existing licenses that are in violation was discussed. It was estimated 5% to 10% may be in violation. The definitions in the ordinance, such as what defines a church and City park and are they clearly defined was discussed. The Mayor summarized that from the discussion the Council feels it is better to take no action leaving the ordinance as it is written. Council Member Orton made a motion to leave the ordinance as it is. Council Member Isom seconded the motion. Council Member Gardner suggested the issue be tabled rather than act on it. City Manager Esplin advised if the Council passes the amendment under discussion, the applicant would still have to come forward to argue the second issue. He expressed concern that as the master plan is completed and areas are designated as neighborhood/commercial, a new church, which can go in any zone, may prevent a business from opening. He suggested the ordinance be left as allowing the Council to review variance requests on a case-by-case basis. The Mayor advised there is a motion and called for vote The vote was as follows: Council Member Whatcott: aye Council Member Orton: aye Council Member Isom: aye Council Member Allen: aye Council Member Gardner: aye Motion carried Consider approval of a resolution authorizing the issuance and sale of not more than $3,100, 000 of Golf Course Revenue Refunding Bonds, Series 2002, of the City of St. George, Utah, fixing the maximum number of years over which the bonds may mature, the maximum interest rate which the bonds may bear, and the maximum discount from par at which the bonds may be sold; providing for the publication of a notice of bonds to be issued; and providing for the running of the contest period; and related matters. City Manager Esplin indicated with the interest rate having gone down, refinancing makes sense, it will result in a present value savings of approximately $100,000. Council Member Gardner made a motion to approve the resolution authorizing the issuance and sale of not more than $3,100, 000 of Golf Course Revenue Refunding Bonds, Series 2002, of the City of St. George, Utah, fixing the maximum number of years over which the bonds may mature, the maximum interest rate which the bonds may bear, and the maximum discount from par at which the bonds may be sold; providing for the publication of a notice of bonds to be issued; and providing for the running of the contest period. Council Member Isom seconded the motion. The Mayor called for a vote as follows: Council Member Whatcott: aye Council Member Orton: aye Council Member Isom: aye Council Member Allen: aye Council Member Gardner: aye Motion carried Consider approval of a resolution authorizing the execution and delivery of the (1) water transportation agreement (60" line) between the City and the Washington County Water Conservancy District; and (2) the water transportation agreement (30/24" line) between the City and the Washington County Water Conservancy District; and related matters. City Manager Esplin explained this has been a discussion item at a previous meeting. He indicated basically this resolution will authorize the City to participate with the WCWCD and other cities that decide to go forward with the 60" water line and participation in the 24/30" line, the size of this line has not been determined yet. He indicated staff is in discussions with Washington, Santa Clara, Ivins and the WCWCD. Washington City is committed to the 60" line, Ivins City has agreed to go forward, Santa Clara City has not made a final decision on participation. He indicated staff is asking for approval to go forward with the concept which means the City would have 67.36% use in the 60" line, and 47% of 24" or 30" inch line. The only caveat is if Santa Clara City chooses not to participate, one of the participants will have to pick up an additional 6% of the project, which is the amount of the line allocated to Santa Clara City. It would have to be discussed among the participants as to how to allocate that 6%. The City may have to be prepared to take the entire 6% although staff would prefer to share that with the other participants. This line will be important for the next 20 to 30 years. He explained the bonds need to be issued by September 1, 2002 in order realize a savings in the cost of issuing the bonds. Additionally, the City can not afford to have the 60" line delayed, it needs to be completed by next May or June in case the area does not have the rain and snowfall needed to alleviate the drought. He is asking the Council to approve subject to the final details to be worked out by City Attorney and staff. He indicated this project is in the capital improvement budget in the Water Department. Council Member Allen asked if Santa Clara City does decide to opt out, can it opt back in if their anticipated water sources don't materialize. City Manager Esplin explained if that situation arises, Santa Clara City would have to pay a fee for the cost of carrying their percentage of the project. If their well comes in as they anticipate, they may not need this water to meet their build out estimates. The Council discussed the issues important to all the communities such as the proposed arsenic rules that are not based on growth. Council Member Orton made a motion by resolution authorizing the execution and delivery of the (1) water transportation agreement (60" line) between the City and the Washington County Water Conservancy District; and (2) the water transportation agreement (30/24" line) between the City and the Washington County Water Conservancy District and to give staff the opportunity to pick up Santa Clara City's share if needed subject to changes by the City Attorney or staff. Council Member Whatcott seconded the motion. The Mayor called for a vote as follows: Council Member Whatcott: aye Council Member Orton: aye Council Member Isom: aye Council Member Allen: aye Council Member Gardner: aye Motion carried Consider Approval of a resolution indicating the City's support for the U.S. Bureau of Reclamation and their various projects. City Manager Esplin indicated this is a general resolution of support for the Bureau of Reclamation (BOR) indicating the City of St. George has been the recipient of benefits of those projects in both water and power. Council Member Isom made a motion to approve the resolution indicating the City's support for the U.S. Bureau of Reclamation and their various projects. Council Member Allen seconded the motion. The Mayor called for a vote as follows: Council Member Gardner: aye Council Member Allen: aye Council Member Isom: aye Council Member Orton: aye Council Member Whatcott: aye Motion carried. The Mayor noted that Becky Mickelsen, who represented the City of St. George as Miss St. George at the County Fair arrived. He invited her to introduce herself to the Council and to demonstrate her talent, which is playing the violin. Ms. Mickelsen apologized for being late. She played a classical piece on the violin for the group. The Mayor complimented Ms. Mickelsen on her presentation. Public Hearings Public hearing to consider approval of an amendment to the Hillside Overlay Zone to include the Ledges Addition located between the former north City limit line and the south boundary of Winchester Hills. Council Member Gardner declared a conflict of interest. Community Development Director Nicholson explained the public hearing. He indicated that normally when property is annexed into the City it is done under the Hillside Overlay Zone so that the provisions of the Hillside Ordinance apply. It affects property with slopes of 15% or more. The mining of the cinder cone could continue under the hillside ordinance until the resource is exhausted, the area will be left in a level condition. He indicated the Planning Commission recommends approval. Council Member Orton asked if future mining will be allowed. Community Development Director Nicholson indicated an applicant would come before the Planning Commission and the City Council for approval to open another mine. The Mayor declared the Public Hearing open and invited anyone interested to come to the microphone. Seeing no one requesting to speak the Mayor closed the Public Hearing and asked the Council for a decision. Council Member Allen made a motion to approve an amendment to the Hillside Overlay Zone to include the Ledges Addition located between the former north City limit line and the south boundary of Winchester Hills and exclude the cinder cone. Council Member Whatcott seconded the motion. The Mayor called for a vote as follows: Council Member Whatcott: aye Council Member Orton: aye Council Member Isom: aye Council Member Allen: aye Council Member Gardner: abstain Motion carried, the overlay was approved with exemption of the cinder cone. Public hearing to consider a request for approval of a zone change from A-20 Agricultural 20 acre minimum lot size to RE-12.5 Residential Estates 12,500 sq. ft. minimum lot size on 39 acres located at 2300 East 2450 South. Rick Salisbury, applicant. Community Development Director Nicholson explained the request for the zone change. He indicated it is within the Little Valley sewer improvement district and water pressure should be enhanced with Bloomington Area Tank and pump station on line. The Planning Commission recommends approval. Council Member Orton asked if this is an updated map. Community Development Director Nicholson indicated the map is updated, the area is west of Little Valley Road. The Mayor declared the public hearing open and invited anyone interested to come to the microphone, seeing none, he closed the public hearing and asked the Council for a decision. Council Member Isom made a motion to approve the zone change from A-20 Agricultural 20 acre minimum lot size to RE-12.5 Residential Estates 12,500 sq. ft. minimum lot size on 39 acres located at 2300 East 2450 South. Council Member Allen seconded the motion. Council Member Whatcott commented the question has been raised in the Little Valley area concerning the ability to move livestock, specifically horses being able to get to and from trails. There is nothing to protect access to the trails. He explained he is not opposed to the zone change, but thinks the Council is premature in blocking out 39 acres without access to the trails. Council Member Orton commented the land is all privately owned. Council Member Whatcott commented that in R-12.5 zoning one large livestock animal is allowed. Residents will have the ability to board a horse on their property but there will be no ability to get the horse onto trails. He asked how does the Council address the question. The Council discussed the issue of access to trails. The difference between that area and the Dixie Downs is that there is the HCP for people to ride in near the Dixie Downs area, although there is no way to access it. The Council discussed that by the time the property in question is developed there will be a trail for horses. Access easements have been required in other areas that have trails. Community Development Director Nicholson indicated he can look at the trail access issue and also see if the irrigation right of way can used as a horse trail access. The Mayor commented that if there is a way to this, it should be done. Council Member Whatcott commented that the Council is short sighted if it doesn't look at the future and possible equestrian activities that may be included. City Manager Esplin suggested identifying where the trails go to determine if proposed development would block them. If it does, as part of the planning process, the staff needs to plan for an equestrian access route to the trails. It is something that needs to be looked at it and planned for now. Community Development Director Nicholson indicated he would ask developers when they come in with their plats if they can put a 10 or 15-foot easement for a trail access. Council Member Isom amended the motion to say that the developers will work with the City on equestrian trails if a solution can be reached. Council Member Allen seconded the motion. The Mayor asked if the developer was in attendance and could speak to this issue. City Manager Esplin expressed the concern that other areas with larger lots that may have horses and need a way to get the through the 39 acres. There needs to be a way to connect to trails for those with horses. Mr. Newberger of Pope Engineering indicated that he is sure there is something that can be worked out to provide equestrian access. The Mayor called for a vote as follows: Council Member Gardner: aye Council Member Allen: aye Council Member Isom: aye Council Member Orton: aye Council Member Whatcott: aye Motion carries. Public hearing to consider amending the 2002 – 2003 fiscal budget for the City of St. George and making necessary adjustments. City Manager Esplin explained some revenues have been added to the budget. As a result of the growth in the area, there is an additional $65,000 in property tax revenue. That revenue will be allocated to purchase two off road motorcycles needed by City Police Department to deal with the ATV problem and also allocated to the Capital Project Fund for the City building, specifically for parking lot improvements. The other item to amend is to show revenues and expenditures to accommodate the purchase of the Staska property for the soccer complex in the Little Valley area. The Mayor declared the public hearing open, and invited anyone wishing to speak to come to the microphone. Seeing none he closed the hearing and asked the Council for a decision. Council Member Allen made a motion to amend the 2002 – 2003 fiscal budget for the City of St. George and to make the necessary adjustments. Council Member Isom seconded the motion. The Mayor called for a vote as follows: Council Member Whatcott: aye Council Member Orton: aye Council Member Isom: aye Council Member Allen: aye Council Member Gardner: aye Motion carried Consider approval of a resolution indicating the City's support for the APPA position on market power. City Manager Esplin indicated this resolution is similar to the BOR resolution. This resolution addresses closing loopholes in market pricing, it supports the APPA's position on public power, it is a very general resolution. Council Member Garden made a motion to approve the resolution indicating the City's support for the APPA position on market power. Council Member Isom seconded the motion. The Mayor called for a vote as follows: Council Member Gardner: aye Council Member Allen: aye Council Member Isom: aye Council Member Orton: aye Council Member Whatcott: aye Motion Carried. Consider approval of a resolution authorizing the sale of property along the Sunbrook Golf course to the adjacent property owners City Manager Esplin explained this is property the golf course does not need. He proposed to declare it surplus and value the property at one dollar per square foot. This would be consistent with what has been done with other surplus property adjacent to City golf courses Council Member Isom made a motion to approve the resolution declaring the property surplus and authorizing the sale of property along the Sunbrook Golf Course to the adjacent property owners. Council Member Orton seconded ...

... for the purchase of merchandise, office, and snack bar equipment from the Golf Pros as part of the re-organization beginning July 1, 2014; 5) To reduce full-time salaries and increase part-time pro shop wages budgets due to re-organizing and moving Eron Deming to Southgate Golf, with his former position at Sunbrook to be back-filled by part-time employees; 6) To carry forward the 2013 Edward Byrnes Memorial Justice Assistance Grant (JAG) which was programmed for body-worn cameras and not expended during the prior fiscal years pending evaluation of vendors, which is now completed and the equipment is ready to be ordered; 7) To separate the CCJJ’s budget (Drug Task Force State Grant) into two separate budgets and to adjust the revenue estimate from $100,110 to $106,000 based on the actual grant awards. The grants are the CCJJ/State Task Force Grant (STFG) and the State Asset Forfeiture Grant (SAFG); 8) To create the Fiscal Year 2014-15 expenditure and revenue budget for the St. George Resource Center (Switchpoint); 9) To carry over the Columbarium Niche Wall approved in the prior years budget, and ordered, but the vendor was unable to deliver on or before June 30, 2014; and 10) To budget for the refunding of the 2004 G.O. Refunding Bonds. Mayor Pike stated that he feels it is appropriate to use the savings from refunding of the bond for the All Abilities Park. St. George City Council Minutes July 17, 2014 Page Ten Support Services Manager Marc Mortensen introduced Carol Hollowell, the Director of the Resource Center. He mentioned that millions of dollars have been received through grants. It is incredible to see what they have done so far. Carol Hollowell presented a powerpoint presentation showing the progress of the Resource Center. To date, total volunteers hours are close to 2,000 hours. The name of the Resource Center is now SwitchPoint. She feels the name is appropriate since the concept is to help people by giving them new direction and having resources available for them. The bulk of the federal grants received are 3-year grants and are for services that are not currently being offered in Washington County. The phone number for the facility will be 627-HOME. Councilmember Hughes thanked Ms. Hollowell and Matt Loo for all of the work they have done. He has heard nothing but positive feedback from the community. Ms. Hollowell stated that St. George is going to be a model for best practices. Mayor Pike explained that this is not all about the City, there are several organizations involved. He mentioned that he and others have met with the Dixie Care and Share Board Members. Although they will not be in the building, they will be partnering with the City in other efforts. The City is very appreciative of what the Dixie Care and Share has done for the past 33 years. Councilmember Hughes stated that he wished to clarify item 4. He explained that the Golf Pros were previously independent contractors; however, they are now employees. The City has agreed to purchase some of their equipment and merchandise. Mayor Pike explained that the City is trying to improve golf operations. Golf is a big boon economically to the community. The goal is to continue to operate in a way to attract people to come visit St. George. Support Services Marc Mortensen stated that Director of Golf Operations Colby Cowan negotiated with the Golf Pros to purchase their equipment and merchandise. The items purchased...

...that the Public Works Department has absorbed new development and that the golf courses report to him. Additionally, he will deal with affordable or transitional housing. The golf courses will take over running the pro shops and concessions. Director of Golf Operations Colby Cowan explained that several agencies got together and performed an environmental impact study. Golf brings in over $800 million into the Utah economy and 6,900 jobs. He mentioned that Governor Herbert declared May as Golf Month in Utah. City Manager Gary Esplin provided an update on the transition in the Golf Division, which will take effect July 1, 2014. He stated that Golf Course Maintenance Manager Jerome Jones will be retiring June 20, 2014...

...r repairs and sediment removal from the Santa Clara River at the Southgate Golf Course caused by the two flood events in August and September 2014; 13) To budget for repairs of the substantial damage caused to the Middleton Wash Trail from the two flood events in August and September 2014; 14) To increase the budget for the Tonaquint Cemetery Secondary roadway project to pay property taxes as per the donation agreement, add participation with Questar to extend the gas line, and add geotechnical testing; 15) To budget for the demolition of West Cove Apartment buildings as per the Administrative Code Enforcement decision and court order. The property owner will be required to reimburse the City for the demolition costs; 16) To budget for creating two new positions for the Millcreek Generation Facility and reducing the scope of work for the maintenance contract with G.E. (Budget amount is for the remaining 7 months of the fiscal year form December 1, 2014); 17) to recognize proceeds from the sale of property to Dixie Power for a substation adjacent to the Seegmiller Park with the proceeds being used to add additional amenities to the Hela Seegmiller Historic Farm; 18) To budget for emergency replacement of the Dinosaur Museum boiler which failed and could not be repaired, requiring that a new boiler be installed immediately; 19) To write off a portion of the accrued interest on an assessment form District 80-1 as per a settlement agreement with a title company. The settlement fully reimburses both the principal and interest originally assessed to the parcel and paid by the City on the assessment bond; 20) to budget for the KONY Coins for Kids – Operating Expenses reimbursement which was approved in the 2013-14 budget but not incurred until the current year. Costs are fully reimbursable by CDBG grant funds; 21) To budget for the installation of wheelchair securement upgrades to 7 buses due to increasing ridership of individuals requiring this amenity. The upgrades are funded 80% by federal grant and 20% City match; 22) To increase the Public Works Capital Project Fund budget to fund repairs for damage caused by the August/September 2014 thunderstorm flooding events to the City Creek drainage (Sunset Boulevard) and Halfway Wash drainage at 540 N. Dixie Drive. Funding will come from the Drainage Utility Fee fund; 23) To budget for the cost of participation between the City, the School District, and the private developer for roadway improvements to 190 E. near Snow Park, Dixie Middle School, and the Fiesta Fun Center; and 23) to budget for arbitrage compliance review which occurs every five years and was not included in the original budget. Mayor Pike opened the public hearing. There being no public comment, he closed the public hearing. MOTION: A motion was made by Councilmember Hughes to approve the amendments to the 2014-15 budget. 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 St. George City Council Minutes January 22, 2015 Page Nine Councilmember Randall – aye Councilmember Bowcutt – aye Councilmember Arial – aye The vote was unanimous and the motion carried. FINANCIAL REPORT: Consider approval of the financial report for December, 2014. City Manager Gary Esplin advised the report shows that the City is right in line with the projections. The General Fund is a little under because there is a $6 million transfer that has only been transferred at $2 million. Sales tax is up. Councilmember Almquist inquired about the Fire Impact Fund. There was a $4,000 budget; however, $124,000 was spent. He asked what was purchased. City Manager Gary Esplin stated that he does not know what the details are. Councilmember Almquist commented that it is nice to see the donations coming in for SwitchPoint. MOTION: A motion was made by Councilmember Hughes to approve the financial report for December 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. AWARD OF BID: Consider award of bid to install 36,000 sq. feet of 3 ½” thick asphalt on 190 East. City Manager Gary Esplin advised that this item was just approved in the budget amendments. Connie Hood explained that Western Rock was the low bidder at $54,147. Mayor Pike commented that this will not only benefit Fiesta Fun, but also the School District and parents. City Manager Gary Esplin commented that this road could possibly connect the parking lot at the high school. MOTION: A motion was made by Councilmember Randall to approve the bid to Western Rock in the amount of $54,147 for the paving of 190 East. St. George City Council Minutes January 22, 2015 Page Ten 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. AWARD OF BID: Consider award of bid to Sunroc Corporation to build the Indian Hills Storm Drain, golf course segment. City Manager Gary Esplin advised that this item is part of the Indian Hills Drive project. It is necessary for the golf course. Connie Hood explained that ten bids were received, five of them being with $1,000 of each other. Sunroc is the low bidder at $54,448. MOTION: A motion was made by Councilmember Hughes to award the bid for the Indian Hills Storm Darin to Sunroc Corporation in the amount of $54,448. 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 RESOLUTION: Consider approval of a resolution matching funds to purchase equipment used to implement a leak detection program as well as Water and Wastewater system modeling software. City Manager Gary Esplin explained that this will allow the City to match funds with a grant received from the Bureau of Reclamation to help with conservation plans to implement a leak detection program and a modeling system for Water and Wastewater systems. Rene Fleming stated that not only does staff want the customers to be wise water users, but also the system operators to be able to improve efficiency. She will be requesting funds to purchase equipment to implement a leak detection program and to also purchase Water and Wastewater system modeling software. The total project will be approximately $70,000 of which the City would have to match half. Mayor Pike commented that this will be a positive thing. MOTION: A motion was made by Councilmember Hughes to approve the resolution for the matching funds for the grant to purchase the said equipment. St. George City Council Minutes January 22, 2015 Page Eleven SECOND: The motion was seconded by Councilmember Arial. 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. Councilmember Hughes inquired if the cost also covers the operator as well. Ms. Fleming explained that the cost to purchase the equipment will include training and the crews will be cross trained. REQUEST FOR EVENT AT RIDGE TOP COMPLEX AND BEER GARDEN: Consider approval of a request to hold the Retro Rock Festival with a beer garden at the Ridge Top Complex. Kjirsten Strong, applicant. City Manager Gary Esplin advised this is a request to include a beer garden at the Retro Rock Festival at the Ridge Top Complex. Since it is a City owned property, the request needs to be approved by the City Council. The request for the beer garden is separate from the request to use the Ridge Top Complex. Kjirsten Strong, applicant, explained they are hoping to be approved for the Retro Rock Fest in addition to a beer garden as part of the event. Curtis Strong stated that they would like to hold the event even if the beer garden is not approved. He commented that beer is sold at City golf courses. They want to be transparent and have open communication about the possibility of this event. Although the beer garden will be a small scale, they have committed to holding this event for three years. This will be a diverse concert and will be their first attempt. They work with fifteen different businesses that give back to the community and would like to continue to build the event. All of their events are family events. They would be open to control the hours of the beer garden. It is proposed that it be in a separate area with separate admission and will include food. He explained that Wasatch would take care of the garden that would be barricaded. ID’s would be checked at the main gate as well as in the beer garden area. Beer would not be allowed out of the area. Sonny Boys would be catering the event; this is a service they provide on a regular basis. Beer would be the only thing allowed. Tailgating was discussed with the Police Department. This event is not about the beer, it is about the entertainment. They want to work with the Police Department. The musical festival will feature Quiet Riot, Warrant and 21 cover bands. It will also feature a rib festival and possible lawnmower races. Maverik has shown interest in this event as they have with their past events. They will do various sound checks at different locations throughout the City. City Attorney Shawn Guzman stated that the City has allowed beer sales at the golf courses, but this has not been allowed on City property in the past. If approved, he asks that the Council authorize staff to work with the City Manager to set the parameters such as the limits of insurance. Additionally, he would want to check with the City’s liability insurance carrier to make sure that they are okay with alcohol sales with this type of St. George City Council Minutes January 22, 2015 Page Twelve event on City property. Beer gardens were not approved at the air shows that were held in the past. He explained that the Council does not need to take action in this item since the event is item 6B. The applicant would have to apply for a beer license and return for approval. City Manager Gary Esplin explained that the event needs to be scheduled. There are some questions with regard the insurance. Item 6B is different from item 6A. He would like to see the applicants return with a plan showing where the beer garden will be placed. Beer sales have not been allowed at the Sunbowl or other City property, other than the golf courses. He suggests staff look at other cities to see what they do. If the beer garden is approved, there will be additional requests. He suggests approving the concert at this time. MOTION: A motion was made by Councilmember Hughes to approve the Retro Rock Fest at the Ridge Top Complex. 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. REQUEST FOR SPECIAL EVENT AT TOWN SQUARE: Consider approval of a request to hold the Red Rock BBQ Fest in the southwest parking lot of Town Square. Kjirsten Strong, applicant. City Manager Gary Esplin explained that staff has reviewed this applicant and this is the type of event that Town Square was built for. Mr. Strong stated that the Fire Department had concerns; however, they have been worked out. This is an amateur event and will have live music. MOTION: A motion was made by Councilmember Arial to approve the request to hold the Red Rock BBQ Fest in the southwest parking lot of Town Square. 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. SET PUBLIC HEARINGS: John Willis advised that at its meeting on January 13, 2015, the Planning Commission recommended setting public hearings on February 5, 2015 to consider: 1) a General Plan St. George City Council Minutes January 22, 2015 Page Thirteen amendment from Low Density Residential, Medium Density Residential, Open Space and Commercial to Medium Density Residential, Professional Office, Open Space and Commercial on 105.9 acres generally located between 3000 East and the Virgin River and fronts on Mall Drive; 2) a General Plan amendment from Golf Course and Open Space to Low Density Residential on 3.966 acres of thr...

...advised that at the request of City management, the ban on smoking on City golf courses has been removed from the ordinance. Council Member Allen commented that City parks include the ballfields. City Attorney Shawn Guzman advised that the ban on smoking will be posted on site. Trails are also considered parks for this purpose. MOTION: A motion was made by Council Member Orton to approve the ordinance. St. George City Council Minutes June 21, 2007 Page Three SECOND: The motion was seconded by Council Member Allen. VOTE: Mayor McArthur called for a roll call vote, as follows: Council Member Orton - aye Council Member Allen - aye Council Member Bunker - aye Council Member Gardner - aye Council Member Whatcott - aye The vote was unanimous and the motion carried. RESOLUTION: Consider approval of a resolution setting fees for services at the Reuse Center. Public Works Director Larry Bulloch advised that several years ago the City set up a reuse center on Brigham Road to provide a place for people to dispose of material that can be reprocessed and reused, such as asphalt, concrete and green waste. However, certain green waste cannot be composted such as cactus, pampas grass, oleanders or palm fronds. This waste turns into a big expense for the City to sift through and retrieve those items and haul them to the landfill and pay a disposal fee. There are two options - to prohibit this disposal, or to charge a fee for disposal. The majority of landscapers who use the facility prefer the latter option, recognizing that it creates a cost to operate and dispose of these items. They are willing to pay a fee, and staff believes it is best to provide this service so that the unuseable green waste does not end up in washes and open spaces. Mayor McArthur advised that the City?s charge will be higher than the cost to dump at the landfill so that it does not compete with the landfill. Mr. Bulloch recommended a fee of $25 per ton for residential users and $40 a ton for commercial users. The fee will be prorated based on weight. The City has contacted Allied and the Solid Waste District and both are agreeable to allowing the City to begin hauling all of the waste itself. A new truck will be needed every five years at a cost of $90,000. Revenue received from the service will pay for the cost of the truck the first year, and then maintain the operation thereafter. The idea is not to make money, but to cover the City?s costs. MOTION: A motion was made by Council Member Gardner to approve the resolution. SECOND: The motion was seconded by Council Member Bunker. VOTE: Mayor McArthur called for a roll call vote, as follows: Council Member Gardner - aye Council Member Bunker - aye Council Member Allen - aye Council Member Whatcott - aye Council Member Orton - aye The vote was unanimous and the motion carried. RESOLUTION: Consider approval of a resolution abandoning existing public utility easements located near Calvary Chapel at the intersection of Pioneer Road and Sugar Leo Drive. City Attorney Shawn Guzman explained that there is a slight problem with the legal description, and he recommended approval subject to approval of the final legal description. Water Services Director Barry Barnum explained that a sewer line from the Ranches to Sun River is being put in and this resolution will allow the City to abandon the old easement which is no longer needed and the Calvary Chapel will give the City a new easement. MOTION: A motion was made by Council Member Gardner to approve the resolution. SECOND: The motion was seconded by Council Member Allen. VOTE: Mayor McArthur called for a roll call vote, as follows: St. George City Council Minutes June 21, 2007 Page Four Council Member Gardner - aye Council Member Allen - aye Council Member Orton - aye Council Member Bunker - aye Council Member Whatcott - aye The vote was unanimous and the motion carried. Mr. Barnum updated the City Council on water conservation efforts and thanked the public for the tremendous response in conservation. RESOLUTION: Consider approval of a resolution accepting the annexation petition for Property Resreve, Inc. City Attorney Shawn Guzman explained that the bulk of PRI?s property is already within the boundaries of the City. The property is located in the Fields area by 3000 East. MOTION: A motion was made by Council Member Allen to approve the resolution. SECOND: The motion was seconded by Council Member Orton. VOTE: Mayor McArthur called for a roll call vote, as follows: Council Member Allen - aye Council Member Orton - aye Council Member Whatcott - aye Council Member Bunker - aye Council Member Gardner - aye The vote was unanimous and the motion carried. RESOLUTION: Consider approval of a resolution amending the City of St. George water rate schedule. Budget and Financial Planning Manager Deanna Brklacich explained that a 5% increase is recommended as part of the budget. Water Services Director Barry Barnum explained the water rates have been the same for the past five years, but costs continue to grow. The City is finding itself in a budget shortfall due to rising costs which requires a rate increase. Mayor McArthur commented that the City Council?s philosophy has been not to raise rates unless there is a need. Council Member Whatcott commented that while the City has increased costs, conservation and the efficiency of the Water Department has kept the City?s rates at the level they are at, but this increase is necessary in order to keep up with activity. Mr. Barnum advised that irrigation rates would also increase 5%. MOTION: A motion was made by Council Member Orton to approve the resolution. SECOND: The motion was seconded by Council Member Whatcott. VOTE: Mayor McArthur called for a roll call vote, as follows: Council Member Orton - aye Council Member Whatcott - aye Council Member Bunker - aye Council Member Gardner - aye Council Member Allen - aye The vote was unanimous and the motion carried. St. George City Council Minutes June 21, 2007 Page Five RESOLUTION: Consider approval of a resolution amending golf fees at the City of St. George golf courses. Development Services Director Matt Loo explained that with the price of everything going up, the same pressures are felt at the golf courses to provide a good product at a fair price. Staff proposes raising the rates 3% - 3.5%. For nine holes this equates to an increase of 50?, and for 18 holes the increase is $1.00. A $1.00 increase for golf carts is also proposed. Council Member Allen commented that citizens have expressed concern that the cache card cannot be reloaded. Mr. Loo replied that the cache card can now be reloaded for $150. Council Member Whatcott commented that recognizing that the punch card, which the cache card replaced, was $160, the cache card can be reloaded at about the same cost. Mr. Loo commented that the City has 33 full time employees to manage and govern 72 holes of golf. He advised that he researched the top 50 municipal golf courses, and they do frequent small adjustments in their rates rather ...

...;           Update from the Golf Division.   Colby Cowan, Director of Golf Operations & Eron Deming the Head Golf Pro at Southgate presented a PowerPoint highlighting the following topics: Fiscal Year Revenue Comparisons; Figures showing growth from National Golf Foundation; Example RFP with Sleepy Ridge Weddings; Concept Drawing for Southgate including adding a Driving Range with additional lighting.   Support Services Director Marc Mortensen explained that that Council has approved a budget amount of 250,000 out of the Capital Expenses for the upgrade of the St. George Golf course clubhouse as well as the Southgate Golf Course driving range.  Funding from this allocation along with the Sleepy Ridge proposal would create a clubhouse far nicer and more quality for the area.  A partnership with Dixie State College for the updated and expanded driving range and lighting would be an additional source of revenue and help unify the College with the residents of St. George. He reiterated that the proposed projects would not require any additional funding to implement, just a reallocation of the funding that has already been approved.   St. George City Council Minutes January 23, 2020 Page Two   Councilmembers discussed different options and need to update and create a more appealing area for the city’s residents as well as the many tourists that frequent the course bringing in additional outside revenue.  Funding allocation amounts from both Sleepy Hollow and Dixie State College were discussed.  Merchandising and branding of individual golf courses was also discussed.  After lengthy discussion Council agr...

...e is listed “Indoor entertainment activities such as paintball, miniature golf, arcade.” The issues involved are: Is an indoor archery range similar to an indoor entertainment activity? Should it be listed as a specific item? Should it be a permitted use or a conditional use permit?The C-3 (General Commercial) zone is the proper zone for this use and staff recommends that this use be considered as a permitted use similar to “paintball” or “miniature golf,” since there is no negative land use impacts associated with indoor archery. This site does not appear capable of supporting special events. Ray Snyder had talked to the fire department and it comes down to the fact that this building is for retail use. Ray Snyder stated that the applicants are here tonight. Commissioner Read asked what requirements are in place for a general archery range that is not nationally certified. Tom Jazwieckit, the applicant, came to the podium. He is the owner of the Bargain Hut and he explained that they will need to have it approved by the National Field Archery Association because they will be the Jazwieckit’s insurance carrier. He has spoken to the director of the Utah NFAA and a local person named Dallas Smith will come in to consult regarding the safety requirements. He is authorized by the NFAA to approve the range. They wish to be approved by the NFAA, so they would not be looking at other private insurances which would be available. He said their intent would be to eventually had a league so they could then qualify for national tournaments. He said they do understand that the fire department put the limit of 25 people at a time.Commissioner Burks asked the hours of operation. The reply was that they are currently open from 9:00 a.m. until 6:00 p.m., but if they later were able to have a league it would run no later than 9:00 p.m.Commissioner Nobis questioned the construction of the wall being built to separate it from the store. The response was that it would be 4X8 panels with ¾” plywood on each side, to basically deflect. This is what Bass Pro Shops in Las Vegas uses.Assistant City Attorney Joseph Farnsworth said this motion tonight is to see if this is comparable to the uses Ray mentioned this evening, considering the safety issues of archery vs. paintball. MOTION: Commissioner Taylor stated he recognizes the advantage in the comments of Commissioner Read, that by using a CUP it gives an opportunity as a community to determine the number of such facilities that may be available in the community because of the requirement of a CUP. He thinks the dangers are rather minimal compared with that of firearms because of the possibility of ricochet or rebound being minimized and the fact that these people want to comply with the national organization is a positive; however if we made it a permitted others would be able to establish such a range without the intent to comply, so he does believe the CUP concept gives some advantage as a community to determine the numbers and the conditions under which these kinds of things might develop. In harmony with that, he moves to approve this as a conditional use permit.Assistant City Attorney Joseph Farnsworth interceded that we cannot approve this as a conditional use permit.Commissioner Taylor corrected his motion to not consider it as a permitted use, but that it does require additional permitting and is not a permitted use for this zone under the current ordinance, as would other kinds of things that were recreational activities. Commissioner Hullinger seconded it. All voted aye, motion passes. 6. DISCUSSION ITEMDetermine whether the demolition and rebuilding of an existing McDonalds on St George Blvd may require less parking spaces than the standard parking ratio due to crediting vehicle stacking. Section 10-19-5. Case No. 2009-DI-006Ray Snyder presented this discussion item and photos were shown. Ray stated that the new site plan as presented would be deficient in parking. The applicant wishes to discuss Section 10-19-5 that states; “Notwithstanding all provisions of this section, the Planning Commission shall take into account in each instance of nonresidential parking the type of development, use, location, adjoining uses and possible future uses in setting parking requirements, and it shall recommend to the city council a requirement of the number of spaces that it deems reasonable necessary in each instance for all employees, business vehicles and equipment, customers, clients and patients of such nonresidential property.”The site is located at the southwest corner of St George Blvd and 800 East. The addressis 798 E St George Blvd. The zoning is C-2 (Highway Commercial)The existing building is 4,510 square feet / 100 = 45 spaces required. There are 36 spaces on site and 9 spaces on the adjacent parking lot of Cinnamon Hills (for employees) for a total of 45. The proposed building is 430 SF larger at 4,940 square feet / 100 = 49 spaces required. The applicant proposes 34 spaces on site which would be 15 short. The 9 off-site spaces could not be counted unless a shared parking agreement was provided that demonstrated that Cinnamon Hills had extra spaces to provide. Ray said the applicant has not be able to do that. Analysis: The applicant has broken down the floor plan as follows; 1) office area = 134 SF, 2) Freezer and Dry Storage = 814 SF, 3) Bathroom = 322 SF, 4) Kitchen and Support = 962 SF, 5) Dining and Service Area = 1,823 SF, and 6) Play Area = 810 SF The new building total gross square footage = 4,865 SF If the play area (810 SF) and office (134) were removed then restaurant parking might be 4,865 – 3,921 SF / 100 = 39 spaces. If the office were evaluated as 134 SF / 250 = 0.53 spaces then the total spaces required would be 39.53 = 40 spaces required.This item was discussed at the June 30, 2009 PSR (Planning Staff Review) meeting. The following key issues were discussed;1. The applicant inquired if the stacking / staging of cars waiting in line for the drive thru could be given credit for parking spaces. The argument in support of this is that 70% of their business is drive-thru. Staff takes the position that the parking standard requires parking spaces for gross building square footage only and does not mention any allowance for crediting for drive-thru. Historically no other restaurants have been calculated for drive thru and precedence would be established if this were approved.2. Staff entertained the thought that the play area square footage could be removed from the parking calculations. This has not been done before, but could be considered as a possibility. 3. Staff would support removing the office area from 1:100 calculation and allowing a 1:250 to be used.4. 49 spaces are needed on site and 15 spaces would be deficient, or if the play area is not counted and the office is calculated at 1:250 then 40 spaces are needed and the site would then be deficient 9 spaces5. Calculating for a restaurant is based on gross square footage per code. Kitchens, restrooms, hallways, and freezers are all counted in the calculation and not separated out.6. Two dual drive-thru lanes and menu boards are proposed. Ray said they would like to have that, however if they had only one perhaps they could pick up some parking spaces. 7. Staff has concerns for the proximity of exiting onto 800 East Street in relationship to the intersection, it would be more ideal to move it further south.8. According to the Fire Department a fire suppression system is required.9. Staff recommended that the applicant design a smaller building with less square footage, move the building 4 to 5 feet, add a detention basin, and provide a floor plan showing square footage of areas (so the play area could be considered).10. The applicant chooses to discuss the parking requirements with the PC.Farley Eskelson, with Dominion Engineering, came to the podium. He stated that Steve Jenkins, with McDonald’s Corporation, is also present. Mr. Eskelson said that McDonald’s is looking to update older restaurants. The incline existing is treacherous so they would like to get rid of that. They wanted to meet with the Planning Commission to discuss parking in order to see if they could move forward with their plans or not. When they met with staff the play area and office space were discussed. He understands that freezer area is also counted in the gross floor area. He stated that in the approval process for banks the drive thorough was used and cars going through were used as additional parking. He said that with 70% of the business going through the drive through’s and having double drive through’s, you can pull them through and get them in and out quicker. Mr. Eskelson said the way this site is, with the slope, with the width, with the length, he can’t configure it differently without using the existing drive through which is treacherous. They will keep the landscape to the west intact because they are mature, pretty trees. Mr. Eskelson said that this parking is the best they can do and they need to know if they are able to go forward with this project. Commissioner Read asked how they are getting rid of the incline. Farley said they have lowered the front of the play place down lower. They have taken the original parking at the play place out so the building can be set a little lower. There is going to be a 2 feet wall along 800 East with an 11 foot sidewalk from the back of the curb to the wall. There will be a sharper incline going through the ordering, looking to the east you will be sitting on the slope and when you finish ordering you will be coming up an incline to the back of the building and it will level off to go through the two windows.Commissioner Read asked if Cinnamon Hills had been approached for a shared parking agreement.Steve Jenkins with McDonald’s stated that Cinnamon Hills has been approached, however they were the former owner but when he sold the franchise he neglected to point out that he had allowed the 9 parking stalls that had been available previously to be rented to other people. Commissioner Read asked the amount of noon time workers present and the answer was 12 employees at peak times. Steve Jenkins said that because of the challenging drive through many people choose to go in, order at the counter and then get back in their car and leave. He said the drive through now is a safety issue. Acting Chairman Bracken asked if there was any way to count parking in the stacked positioning. Assistant City Attorney Joseph Farnsworth stated that his recommendation is that you can’t count it; nothing in the ordinance allows for counting stacking as parking spaces. Additionally, he feels that it would set precedence for any other restaurant. Farley mentioned that when he met with staff it was discussed about the bank using some stalls for their drive through. He also stated that the amount of business that goes through the drive should be a consideration. He also stated that in the ordinance it discusses the Planning Commission looking at each non residential uses to determine whether there is enough parking or not. This is his reasoning for coming before the Commissioners to discuss this. Assistant City Attorney Joseph Farnsworth stated that he does not know anything about a bank drive through situation that Mr. Eskelson is referring to, nor does Ray Snyder.Ray stated that he does not recall that being discussed and that there is nothing in our code for banks. Commissioner Taylor asked why the size they are asking for is quite critical if 70% of their business is done through the drive through. He asked if they ever fill the dining room entirely. Steve Jenkins stated that the only time the dining room is filled entirely is at lunchtime. He said the reason they are restricted for the size of the restaurant is because 70% of their business goes through the drive through; to facilitate that they need adequate product. Slides were shown of the freezer, cooler and shelving storage of the product. He said if you get 3 people back there it is crowded. Acting Chairman Bracken asked if the freezer area could be counted as storage, because that is what it is. Assistant City Attorney Joseph Farnsworth stated that as far as he knows this has not ever been a consideration for any other typical drive through restaurant. It has always been the gross area of a restaurant regardless of the lay out and his legal concern is that this does set precedence. Steve Jenkins stated that the majority of municipalities that they approach count the parking by seating capacity.Commissioner Campbell stated that he thinks the cooler could be considered equipment rather than part of the building. Commissioner Taylor said he thinks that what the Planning Commission and City Council tries to do is to recognize the needs of the community members as they drive into a parking lot and drive into a business. They don’t want to go into a situation where the parking lot is crowded and they need to take the last space or wait for someone to pull out before they can. We have had that problem with a few businesses and that problem existed because they gave ground in a few places and then you have overcrowded situations and everyone suffers. He asked if they have looked at every possible arrangement of the building on the property. They may even ask if they need to seat that many people. Councilwoman Shakespeare said she was in a McDonald’s in New York where the dining was upstairs. She asked if they considered a second story dining idea for some of the customers and some of the dining on the first floor and it could open some land space for parking. Acting Chairman Bracken said the problem came about because originally when it came about there were nine additional parking spaces that went with this building. As time went along the buyer found that they didn’t need those spaces and made an arrangement to lease them to Cinnamon Hills instead. That was not looked at when McDonald’s was done and they were short nine spaces. Steve Jensen said the prior owner is the owner of Cinnamon Hills. He sold just the McDonald’s franchise and didn’t tell anybody about the nine spots that he gave away that were not his to give away. Steve also said they tried 5 different layouts to accomplish their goal.Commissioner Campbell asked that since 70% of their business is through the drive through, why can’t they reduce the size of the building in the play and seating area? Farley said if they take the play place out it would be 810 sq. ft. but we are not counting it now, so that would not give them enough space. Ray said staff was trying to be helpful and asked if the playing area could not be counted. He said typically the parking is one per 100 as gross floor for a restaurant. Commissioner Nobis mentioned that the majority of customers would have children in the play area and would be using the parking spaces. Commissioner Read mentioned that he thinks there is a difference between the all sit down restaurants and the ones that the majority of business is done through the drive through. The City should look at it more and factors that would allow stacking in a drive through situation and distinguish the two restaurants. Commissioner Campbell said the play place could be a play area and not be counted if the dining part of it was taken out. Steve Jenkins said they need seating to accommodate the mother with a young child climbing and another child in her lap.Farley stated that McDonald’s has numbers showing that a double drive through and stacking is for convenience to get in. All has been calculated. The double drive through gets them in and gets them out. That is their business and that is what they know.Assistant City Attorney Farnsworth said his caution to the Planning Commission is that this does set a precedence and it should be taken into account.Acting Chairman Bracken said it should also be taken into account that they are building a smaller building in totality from what they had before and in his estimation the City was a little bit responsible for allowing those nine spaces to be taken away from this. Commissioner Nobis is questioning the total square footage of the new footprint vs. the old footprint. He said the new building is slightly bigger. Farley stated that was correct; the new building is slightly bigger. He said he has tried all things and is still unable to get the required number of parking spaces and accomplish what he needs to accomplish.Steve Jenkins said the usable seating capacity is reduced with the new building, however the footprint is larger. He asked them to consider that they are a quick service restaurant. Assistant City Attorney Farnsworth said that if we did not count the storage area we would be making an exception for this restaurant. Legally, he does not think that is the right course of action. Perhaps the best thing to do is to change it to a difference between sit down restaurants and fast food restaurants. Tonight the question before the Planning Commission is whether or not you should count the drive through spots as part of their parking towards the parking requirement. If you do count it, how many do you count? The determination tonight is whether or not to count the stalls and to what extent. Commissioner Read said that Section 10-19-5 gives the Planning Commission the option to reduce the number by looking at the circumstances. He thinks they are asking to be reduced to 35 spaces due to their unique situation. Assistant City Attorney Joseph Farnsworth said the commissioners can recommend to City Council the number of spaces it deems reasonably necessary. Ray Snyder pointed that that they would need to determine the 34 existing spaces.Commissioner Campbell asked about the area that the freezer would be in and if part of the play area were removed, how much square footage would that be? They calculated that 10 less parking spaces would be needed using those calculations.Assistant City Attorney Joseph Farnsworth said that if they do feel comfortable making recommendations for a different number, state the specific reasons and findings why this site for this McDonald’s restaurant is different, what makes this one unique.MOTION: Commissioner Read made a motion to recommend the applicant to come back to the next Planning Commission meeting and have the City notice it up for all considerations that can be considered under Section 10-19-5 and bring it back to the Commissioners. Commissioner Burks seconded it. All voted aye, motion passes. Ray Snyder clarified with Assistant City Attorney Farnsworth that they need to come back to the next planning commission meeting if they have everything prepared in time and that there is no requirement under the code that a public hearing will be needed. Assistant City Attorney Joseph Farnsworth stated that is correct.7. PD ZONE AMENDMENT – PUBLIC HEARING (5:00 P.M.)Consider a request to modify the list of approved uses for the Sunbrook Ranch PD Commercial zone located at 415 South Dixie Drive by adding “dances for the general public” to the list of allowed uses. Ms. Andrea Riggs, applicant. Case No. 2008-ZC-017. (Note: This item was tabled at the June 23, 200 and July 14, 2009, Planning Commission meeting.)Craig Harvey presented this request and mentioned that this item has been tabled at two previous PC meetings to allow for a site visit on June 30th at 7:00 p.m. to see the facility and listen to the sound levels proposed for the dances. It was also tabled for a legal opinion on a temporary zoning action.The request is to consider a request to modify the list of approved uses for the Sunbrook Ranch PD Commercial zone located at 415 S. Dixie Drive by adding “dances for the general public” to the list of allowed uses.On Sept 4, 2008, the City Council approved a zone change for this property from M-2 (Manufacturing) to PD-COM (Planned Development Commercial) and PD-RES (Planned Development Residential) for the 17.35 acre property. A variety of residential and commercial uses were approved for the property including indoor soccer, retail shops, fitness and wellness facilities, call center, assisted and independent senior living units, and other uses. The applicant, Ms. Andrea Riggs, has a business license to do dance lessons, dance instruction and operate a fitness business at this location. She would now like approval to also have dances in the evening open to the public 2-3 nights per week. The dances would have a different focus, such as, “Over 40’s night”, Country/Line Dancing night, 80’s night, Singles night, and Disco night. The applicant requests approval to stay open until 11:30 pm for the dance nights, and fitness classes held 3 nights/ week (already permitted under the PD Zone) would run until 10 pm.Since this was not part of the original request or approval this proposed additional use requires approval from the City Council, upon a recommendation from the Planning Commission.Property owners within 500’ of the subject property have been notified of this public hearing so if the neighbors have concerns they have been invited to both the PC and CC hearings on this request. This PD zone amendment has also been noticed in the newspaper for 10 days prior to the public hearing.Issues:1. Neighborhood compatibility Dances, if not adequately supervised with appropriate security can be a source of excessive noise and loitering late into the night. The applicant states she will have the ‘necessary security’ for any weekend event which is geared toward younger groups. Also, the applicant has abandoned the idea of having some music outside, and now agrees to limit music to indoors.2. Parking The property has been approved for a variety of uses although at present there are very few up and running. The indoor soccer has begun and is approved for nightly soccer. The dance assembly area is approximately 4,900 sq ft which could accommodate a large number of persons.(capacity cannot exceed 950 under the Fire Dept occupancy limits). However under the city Parking standards, there must be at least one parking space for every 3.5 persons. Therefore an occupancy limit of 950persons would require 271 parking spaces. Therefore the PC should recommend a maximum capacity limit based on facility size (ie, 4,900 sq ft) and the available number of paved parking spaces. There are 280 parking spaces on the premises.3. Security The applicant should agree to provide security when such is deemed necessary by the St George Police Dept.4. Fire Code Requirements Any approval should be subject to meeting the fire code requirements as set forth by Kevin Taylor, Fire Marshall. The applicant has summarized those requirements in her Addendum.5. The applicant has taken steps to address noise, parking, fire code, and security issues. A representative from the Police Dept (Captain Rich Farnsworth) addressed security concerns at the last PC meeting. See the applicants “Addendum #2 dated July 8, 2009 for her revised dance proposal.6. The Assistant City Attorney (Joseph Farnsworth) has issued an opinion that zoning cannot be temporary for this request, and voluntary time restrictions offered by the applicant are not suitable because it amounts to a temporary zoning action.7. At the last PC meeting it was mentioned that the city “Public Dance Hall” ordinance makes it unlawful for noise to be heard beyond 100’ from the premises where the sound originates. Therefore the city can rely on this ordinance to address noise concerns( see Ordinance 3-2A-4 attached).8. A 6’ solid fence or wall is required adjacent to the residential properties on the north and south sides. Such a wall presently exists along most of the property line, however there are a couple of gaps on the south (or east) side near the driveway, and when cars exit the property at night the headlights shine into the residential property. The commercial property owner (Marv Blosch) has been made aware of this problem and has agreed to correct it.The public hearing was opened.Andrea Riggs, the applicant came to the podium. She said being open on weekends until 11:30 p.m. is a big deal to her. She discussed this with a few neighbors and they had made suggestions. She said the opportunity for her and for her business is at this facility and this facility only. She said this is a retirement community here; however it is also a college community and has high school students here. She believes the Commissioners understand her intentions.Connie Hauser came to the podium. She said she attends the Zumba classes and stated that it has been a lot of fun for her. When she heard about the dance club, she was excited. She is a resident of Sunbrook, the parent of four teenaged children and she feels that the children here need something to do. She always feels that a dance club gives adults such as her something to do also. She feels that it presents a good option for people.Ms. Hutchens came to the podium. She works for the Learning Center for Families and said that she feels this is great to have a place to go to de-stress for a night. She feels that they need something like this on this end of town.Fred Tucker said he represents a small portion of the college age students in this community. He thinks the city needs a program like this to the City and feels that it will be a positive influence in the area and will people something different to do. The public hearing was closed to the public.Commissioner Read asked how to add in the restrictions or conditions that had been discussed. Assistant City Attorney Farnsworth said that if the Planning Commission does decide that they do want to recommend approval to the City Council, it would be by amending the PD text to include this as a permitted use with the following conditions and outlining the ones considered appropriate. The findings should say why this PD zone is suited for this use, whereas other PD zones in other parts of the City may not be as uniquely suited for this use. That would help protect the City from future applicants coming in where the site may not work well. Commissioner Burks mentioned security and the need to have it available when all events are taking place, not just the dancing part of it.Assistant City Attorney Joseph Farnsworth mentioned Code 3-2A-4 and that it mentions security being in place for public dance halls. The City Code also has requirements that state they must be over 21 years old and they can’t have a criminal history in the previous 2 years or during the course of employment. As far as whether or not tonight you can mandate the security for the other uses there, that is not an issue before the Planning Commission tonight. Commissioner Taylor wonders if some other alternative that could restrain the days and hours of the week.Assistant City Attorney Farnsworth said you could amend the PD text of the ordinance of this particular application to show that their situation is unique and give specific findings as to why. You need to be as specific as possible.MOTION: Commissioner Hullinger made a motion to amend the PD text for the following reasons: the proximity of the neighbors, that they walked the perimeter and the distance is more than the 100 ft. in the dance club ordinance, the client is willing to provide security, and the dance club will be closed at 9:30 p.m. Monday through Thursday and Friday and Sat closing at 11:30 p.m., With those findings she makes a motion to amend the PD text. DISCUSSION: Commissioner Nobis mentioned the need to address the parking, limiting the number of people, that it needs to meet the fire codes and they need to have a special event permit for the weekends.Commissioner Hullinger said that she accepts that.Commissioner Nobis said he has come up with 270 parking spaces if you have the 950 people that were discussed. Commissioner Taylor asked if she was ok with the hours of operation and the answer was yes. Today Ms Riggs offered to have the hours be Monday through Thursday until 9:30 p.m. and Friday and Saturday until 11:30 p.m. It will be closed on Sunday. Commissioner Nobis questioned if she mentioned security and Commissioner Hullinger said yes she did, the applicant is willing to provide security. Commissioner Read stated he would like to see in there that based on what Captain Farnsworth told them last time that she can provide private security for up to 100 people, after 100 people she needs to go to public security based on whatever Captain Farnsworth recommends, you need to follow the ordinance for the distance and the decibels, the doors being closed need to be stated specifically, specifically stating, so there are no issues, the policy board being up that no alcohol, a dress code, once they leave they pay to reenter, the outside security with a 15 minute restriction, one someone comes out the dance hall they are gone and not out in the parking lot the rest of the night. He thinks they need something that at the end of the music at 11:30, music shuts down and doesn’t keep playing and security has the parking lot cleared by midnight. He also thinks they need further restriction on the number of people even though parking lets you go up to 950, he thinks that’s too many in that location there which is between two subdivisions. Even though fire code and parking would let them go to 950 people, he thinks that is too many.Commissioner Hullinger asked if he thought 500 people was reasonable. Commissioner Read asked the applicant how many she was expecting. Andrea Riggs responded that 500 would be plenty. Commissioner Read said the City would allow a special events permit anytime you need it because they can approve specifics, but any outside event live band and any time you expect over 500 people would require a special events permit. Commissioner Hullinger said she accepts all of that in her motion. MOTION SECONDED: Commissioner Taylor seconded the motion. All voted aye, motion passes. Ms. Riggs came to the podium to explain her conversation with the police officer. Ms. Riggs said he stated that a sign should be up saying the rules, that there is a dress code, no gang affiliated representation, not being able to reenter, once you are out you are out and you have to pay to get back in, if you are sitting out in the parking lot then basically you will be kicked out. If there was a problem, he wanted to be notified, for example if someone came drunk, he would want to be notified of the potential situation. She said they are happy to do whatever they need to do. FURTHER DISCUSSION ON THE MOTION: Commissioner Read questioned Assistant City Attorney Farnsworth about being more restrictive so there is no precedent setting down the road. He wondering if they could add in that it has been commercial use for 50 years with Moore Business Forms there, so we don’t have a new development being able to come in adjacent to neighbors, whereas this one has already been established as some kind of use that is not conducive to the neighborhood already.Assistant City Attorney Farnsworth stated that would be a great finding to make to make sure this approval was site specific. Commissioner Read mentioned that he added it after the fact.Assistant City Attorney Farnsworth said that he can say it was one of the reasons why he made that motion.Commissioner Read said an industrial zone then, with the uses being the uses that are there. Assistant City Attorney Farnsworth said to make it clear you can say not in residential for the past 30 some years that it’s been commercial or industrial or non residential use. Commissioner Read said on the dress code normal decency; lewdness provisions if anything revealing of a sexual nature you can take care of with the police anyway. 8. PUBLIC HEARING ON REVISED ANNEXATION POLICY PLAN (5:00 P.M.)Ray Snyder presented this policy plan and pointed out the process for adopting the revised annexation plan. Ray said he is not aware of any comments being received. The Acting Chairman opened the public hearing and invited all to come forward.No one came forward.MOTION: Commissioner Nobis made a motion to approve the revised annexation plan as designated by item # 8. Motion was seconded by Commissioner Taylor. All voted aye, motion passes. 9. ZONING REGULATION AMENDMENT (5:00 P.M.)A. A discussion of a proposal to provide provisions for “Short-term Rentals” by modifying Title 10 “Zoning Regulations,” Chapter 14 “Supplementary and Qualifying Regulations,” Section 10-14-22 “Short Term Leases of Residential Properties”; by changing Section 10-14-22-E “Residential Lease, Short Term, Prohibited” to provide for exceptions to allow short term rentals. Case No. 2009-DI-004.Assistant City Attorney Farnsworth presented this proposed code amendment, which is to allow short-term rentals where appropriate and where the transient nature of the occupants does not create a negative impact to the residential neighborhood. Protect residential neighborhoods and property values by promoting quiet, stable neighborhoods and limiting the commercial, transient nature created by short-term rentals.“Short-term rental” means the use, occupancy, rent or lease of a residential property or a portion thereof, for remuneration for a period of 30 days or less.Short-term rentals are presently allowed in commercial zones (ie, hotels), Bed & Breakfast Inns in Landmark sites, in a Resort Overlay Zone, and in specific areas of certain Planned Development projects which have short-term rentals approved as one of the PD zone uses. The Planned Development Residential projects with short term rentals include Las Palmas & Sports Village at Green Valley, Entrada, Sun River, and Sunbrook has a hotel site approved but not yet built. Also, there are a limited number (approx 10) of condo units in the Bloomington Gardens area which were leased through Holiday Resort Realty and was deemed an allowed use as part of the Bloomington area annexation to the city in 1982. 1. In PD Residential Zones with at least 100 dwelling units, short-term rental units could be allowed under two (2) options; 1) First would be the large PD projects which have an 18 hole regulation golf course and which designate a specific area or phase to be used for short term rentals, similar to the Entrada project which has a certain area designated for short-term rentals, 2) The second option is for smaller projects (with at least 100 dwelling units) where short term rentals could be approved if 100 % written approvals were obtained from existing property owners within the project. The existing PD Residential projects with short-term rentals as an approved use are all larger projects with a golf course as part of their amenity package (except Green Valley). The combined requirement of 100 dwelling units and either 100 % written consents from property owners, or having an 18-hole golf course will limit the number of residential projects seeking city approval to allow short-term rentals.2. Another option is to require all projects with multiple short term rentals to meet the requirements of the Resort Overlay Zone, i.e, (1) a golf course or access to an adjacent golf course, (2) a swimming pool and at least 6 tennis courts, (3) an on-si...

...it up. Betty Hacket expressed concern regarding furnishing water to the golf courses. She thinks the golf courses should be paying for it. Bob Rosond found the letter rather confusing. The services are unbilled but the costs are included in the rates. He thinks the letter should more clearly state how these unbilled services are being paid for. Mayor Pike commented that the City is all of us, we own the City. We are all paying for the costs one way or another. St. George City Council Minutes June 18, 2015 Page Ten City Attorney Guzman stated this is the second year this letter has been sent out. Staff has gone through several versions to make it as clear as possible and can work to make the letter clearer next year. Ed Baca said he’d like to address one issue on the new budget for 2015 -16, the building of public restrooms for the SunTran service. He asked if the budget includes the costs for the requirements for the ADA. He referred to the Red Hills Golf Course and the restrooms not being handicap accessible. He stated that having watched and studied the council for a number of years, that the parks and recreation activities generates tax funds which feeds the general fund and allows the City to provide services. He commented that during the work meeting when the Legal Department reviewed its budget with the council, the council adjourned to a closed session. In the interest of transparency, he asked if anything can be disclosed and if not, why. Mayor Pike commented that with respect to the Dixie Red Hills Golf course a committee is going to be created to work with the director of golf and Matt Loo to begin working on a design and fund raising for a new club house at Dixie Red Hills Golf Course that will include ADA required facilities. City Attorney Guzman responded to Mr. Baca, that if he understands the question, it was why the council went into a closed session. It was to provide an update for all open claims. Seeing no one else wishing to comment, Mayor Pike closed the public hearing. Administrative Services Director Brklacich commented that she appreciates the feedback from the public. She stated that all services are metered and that is how staff is able to come up with the amount of unbilled services. She indicated that with the exception of Dixie Power, rates for St. George Energy Services Department (SGESD) are the lowest in the area. And for water rates we are also the lowest based on comparing 30,000 gallons. There was discussion regarding when the approved budget will be posted. It will be on the website in the next 30 days. Also discussed was the requirement to have a balanced budget. Mayor Pike called for a motion on the FY 2015 – 16 budget. Councilmember Almquist commented that prior to the economic downturn there were plans to remodel the Red Hills Golf Course facilities. He commented that it’s good to see this proje...

...it up. Betty Hacket expressed concern regarding furnishing water to the golf courses. She thinks the golf courses should be paying for it. Bob Rosond found the letter rather confusing. The services are unbilled but the costs are included in the rates. He thinks the letter should more clearly state how these unbilled services are being paid for. Mayor Pike commented that the City is all of us, we own the City. We are all paying for the costs one way or another. St. George City Council Minutes June 18, 2015 Page Ten City Attorney Guzman stated this is the second year this letter has been sent out. Staff has gone through several versions to make it as clear as possible and can work to make the letter clearer next year. Ed Baca said he’d like to address one issue on the new budget for 2015 -16, the building of public restrooms for the SunTran service. He asked if the budget includes the costs for the requirements for the ADA. He referred to the Red Hills Golf Course and the restrooms not being handicap accessible. He stated that having watched and studied the council for a number of years, that the parks and recreation activities generates tax funds which feeds the general fund and allows the City to provide services. He commented that during the work meeting when the Legal Department reviewed its budget with the council, the council adjourned to a closed session. In the interest of transparency, he asked if anything can be disclosed and if not, why. Mayor Pike commented that with respect to the Dixie Red Hills Golf course a committee is going to be created to work with the director of golf and Matt Loo to begin working on a design and fund raising for a new club house at Dixie Red Hills Golf Course that will include ADA required facilities. City Attorney Guzman responded to Mr. Baca, that if he understands the question, it was why the council went into a closed session. It was to provide an update for all open claims. Seeing no one else wishing to comment, Mayor Pike closed the public hearing. Administrative Services Director Brklacich commented that she appreciates the feedback from the public. She stated that all services are metered and that is how staff is able to come up with the amount of unbilled services. She indicated that with the exception of Dixie Power, rates for St. George Energy Services Department (SGESD) are the lowest in the area. And for water rates we are also the lowest based on comparing 30,000 gallons. There was discussion regarding when the approved budget will be posted. It will be on the website in the next 30 days. Also discussed was the requirement to have a balanced budget. Mayor Pike called for a motion on the FY 2015 – 16 budget. Councilmember Almquist commented that prior to the economic downturn there were plans to remodel the Red Hills Golf Course facilities. He commented that it’s good to see this proje...

...e is listed “Indoor entertainment activities such as paintball, miniature golf, arcade.” The issues involved are: Is an indoor archery range similar to an indoor entertainment activity? Should it be listed as a specific item? Should it be a permitted use or a conditional use permit?The C-3 (General Commercial) zone is the proper zone for this use and staff recommends that this use be considered as a permitted use similar to “paintball” or “miniature golf,” since there is no negative land use impacts associated with indoor archery. This site does not appear capable of supporting special events. Ray Snyder had talked to the fire department and it comes down to the fact that this building is for retail use. Ray Snyder stated that the applicants are here tonight. Commissioner Read asked what requirements are in place for a general archery range that is not nationally certified. Tom Jazwieckit, the applicant, came to the podium. He is the owner of the Bargain Hut and he explained that they will need to have it approved by the National Field Archery Association because they will be the Jazwieckit’s insurance carrier. He has spoken to the director of the Utah NFAA and a local person named Dallas Smith will come in to consult regarding the safety requirements. He is authorized by the NFAA to approve the range. They wish to be approved by the NFAA, so they would not be looking at other private insurances which would be available. He said their intent would be to eventually had a league so they could then qualify for national tournaments. He said they do understand that the fire department put the limit of 25 people at a time.Commissioner Burks asked the hours of operation. The reply was that they are currently open from 9:00 a.m. until 6:00 p.m., but if they later were able to have a league it would run no later than 9:00 p.m.Commissioner Nobis questioned the construction of the wall being built to separate it from the store. The response was that it would be 4X8 panels with ¾” plywood on each side, to basically deflect. This is what Bass Pro Shops in Las Vegas uses.Assistant City Attorney Joseph Farnsworth said this motion tonight is to see if this is comparable to the uses Ray mentioned this evening, considering the safety issues of archery vs. paintball. MOTION: Commissioner Taylor stated he recognizes the advantage in the comments of Commissioner Read, that by using a CUP it gives an opportunity as a community to determine the number of such facilities that may be available in the community because of the requirement of a CUP. He thinks the dangers are rather minimal compared with that of firearms because of the possibility of ricochet or rebound being minimized and the fact that these people want to comply with the national organization is a positive; however if we made it a permitted others would be able to establish such a range without the intent to comply, so he does believe the CUP concept gives some advantage as a community to determine the numbers and the conditions under which these kinds of things might develop. In harmony with that, he moves to approve this as a conditional use permit.Assistant City Attorney Joseph Farnsworth interceded that we cannot approve this as a conditional use permit.Commissioner Taylor corrected his motion to not consider it as a permitted use, but that it does require additional permitting and is not a permitted use for this zone under the current ordinance, as would other kinds of things that were recreational activities. Commissioner Hullinger seconded it. All voted aye, motion passes. 6. DISCUSSION ITEMDetermine whether the demolition and rebuilding of an existing McDonalds on St George Blvd may require less parking spaces than the standard parking ratio due to crediting vehicle stacking. Section 10-19-5. Case No. 2009-DI-006Ray Snyder presented this discussion item and photos were shown. Ray stated that the new site plan as presented would be deficient in parking. The applicant wishes to discuss Section 10-19-5 that states; “Notwithstanding all provisions of this section, the Planning Commission shall take into account in each instance of nonresidential parking the type of development, use, location, adjoining uses and possible future uses in setting parking requirements, and it shall recommend to the city council a requirement of the number of spaces that it deems reasonable necessary in each instance for all employees, business vehicles and equipment, customers, clients and patients of such nonresidential property.”The site is located at the southwest corner of St George Blvd and 800 East. The addressis 798 E St George Blvd. The zoning is C-2 (Highway Commercial)The existing building is 4,510 square feet / 100 = 45 spaces required. There are 36 spaces on site and 9 spaces on the adjacent parking lot of Cinnamon Hills (for employees) for a total of 45. The proposed building is 430 SF larger at 4,940 square feet / 100 = 49 spaces required. The applicant proposes 34 spaces on site which would be 15 short. The 9 off-site spaces could not be counted unless a shared parking agreement was provided that demonstrated that Cinnamon Hills had extra spaces to provide. Ray said the applicant has not be able to do that. Analysis: The applicant has broken down the floor plan as follows; 1) office area = 134 SF, 2) Freezer and Dry Storage = 814 SF, 3) Bathroom = 322 SF, 4) Kitchen and Support = 962 SF, 5) Dining and Service Area = 1,823 SF, and 6) Play Area = 810 SF The new building total gross square footage = 4,865 SF If the play area (810 SF) and office (134) were removed then restaurant parking might be 4,865 – 3,921 SF / 100 = 39 spaces. If the office were evaluated as 134 SF / 250 = 0.53 spaces then the total spaces required would be 39.53 = 40 spaces required.This item was discussed at the June 30, 2009 PSR (Planning Staff Review) meeting. The following key issues were discussed;1. The applicant inquired if the stacking / staging of cars waiting in line for the drive thru could be given credit for parking spaces. The argument in support of this is that 70% of their business is drive-thru. Staff takes the position that the parking standard requires parking spaces for gross building square footage only and does not mention any allowance for crediting for drive-thru. Historically no other restaurants have been calculated for drive thru and precedence would be established if this were approved.2. Staff entertained the thought that the play area square footage could be removed from the parking calculations. This has not been done before, but could be considered as a possibility. 3. Staff would support removing the office area from 1:100 calculation and allowing a 1:250 to be used.4. 49 spaces are needed on site and 15 spaces would be deficient, or if the play area is not counted and the office is calculated at 1:250 then 40 spaces are needed and the site would then be deficient 9 spaces5. Calculating for a restaurant is based on gross square footage per code. Kitchens, restrooms, hallways, and freezers are all counted in the calculation and not separated out.6. Two dual drive-thru lanes and menu boards are proposed. Ray said they would like to have that, however if they had only one perhaps they could pick up some parking spaces. 7. Staff has concerns for the proximity of exiting onto 800 East Street in relationship to the intersection, it would be more ideal to move it further south.8. According to the Fire Department a fire suppression system is required.9. Staff recommended that the applicant design a smaller building with less square footage, move the building 4 to 5 feet, add a detention basin, and provide a floor plan showing square footage of areas (so the play area could be considered).10. The applicant chooses to discuss the parking requirements with the PC.Farley Eskelson, with Dominion Engineering, came to the podium. He stated that Steve Jenkins, with McDonald’s Corporation, is also present. Mr. Eskelson said that McDonald’s is looking to update older restaurants. The incline existing is treacherous so they would like to get rid of that. They wanted to meet with the Planning Commission to discuss parking in order to see if they could move forward with their plans or not. When they met with staff the play area and office space were discussed. He understands that freezer area is also counted in the gross floor area. He stated that in the approval process for banks the drive thorough was used and cars going through were used as additional parking. He said that with 70% of the business going through the drive through’s and having double drive through’s, you can pull them through and get them in and out quicker. Mr. Eskelson said the way this site is, with the slope, with the width, with the length, he can’t configure it differently without using the existing drive through which is treacherous. They will keep the landscape to the west intact because they are mature, pretty trees. Mr. Eskelson said that this parking is the best they can do and they need to know if they are able to go forward with this project. Commissioner Read asked how they are getting rid of the incline. Farley said they have lowered the front of the play place down lower. They have taken the original parking at the play place out so the building can be set a little lower. There is going to be a 2 feet wall along 800 East with an 11 foot sidewalk from the back of the curb to the wall. There will be a sharper incline going through the ordering, looking to the east you will be sitting on the slope and when you finish ordering you will be coming up an incline to the back of the building and it will level off to go through the two windows.Commissioner Read asked if Cinnamon Hills had been approached for a shared parking agreement.Steve Jenkins with McDonald’s stated that Cinnamon Hills has been approached, however they were the former owner but when he sold the franchise he neglected to point out that he had allowed the 9 parking stalls that had been available previously to be rented to other people. Commissioner Read asked the amount of noon time workers present and the answer was 12 employees at peak times. Steve Jenkins said that because of the challenging drive through many people choose to go in, order at the counter and then get back in their car and leave. He said the drive through now is a safety issue. Acting Chairman Bracken asked if there was any way to count parking in the stacked positioning. Assistant City Attorney Joseph Farnsworth stated that his recommendation is that you can’t count it; nothing in the ordinance allows for counting stacking as parking spaces. Additionally, he feels that it would set precedence for any other restaurant. Farley mentioned that when he met with staff it was discussed about the bank using some stalls for their drive through. He also stated that the amount of business that goes through the drive should be a consideration. He also stated that in the ordinance it discusses the Planning Commission looking at each non residential uses to determine whether there is enough parking or not. This is his reasoning for coming before the Commissioners to discuss this. Assistant City Attorney Joseph Farnsworth stated that he does not know anything about a bank drive through situation that Mr. Eskelson is referring to, nor does Ray Snyder.Ray stated that he does not recall that being discussed and that there is nothing in our code for banks. Commissioner Taylor asked why the size they are asking for is quite critical if 70% of their business is done through the drive through. He asked if they ever fill the dining room entirely. Steve Jenkins stated that the only time the dining room is filled entirely is at lunchtime. He said the reason they are restricted for the size of the restaurant is because 70% of their business goes through the drive through; to facilitate that they need adequate product. Slides were shown of the freezer, cooler and shelving storage of the product. He said if you get 3 people back there it is crowded. Acting Chairman Bracken asked if the freezer area could be counted as storage, because that is what it is. Assistant City Attorney Joseph Farnsworth stated that as far as he knows this has not ever been a consideration for any other typical drive through restaurant. It has always been the gross area of a restaurant regardless of the lay out and his legal concern is that this does set precedence. Steve Jenkins stated that the majority of municipalities that they approach count the parking by seating capacity.Commissioner Campbell stated that he thinks the cooler could be considered equipment rather than part of the building. Commissioner Taylor said he thinks that what the Planning Commission and City Council tries to do is to recognize the needs of the community members as they drive into a parking lot and drive into a business. They don’t want to go into a situation where the parking lot is crowded and they need to take the last space or wait for someone to pull out before they can. We have had that problem with a few businesses and that problem existed because they gave ground in a few places and then you have overcrowded situations and everyone suffers. He asked if they have looked at every possible arrangement of the building on the property. They may even ask if they need to seat that many people. Councilwoman Shakespeare said she was in a McDonald’s in New York where the dining was upstairs. She asked if they considered a second story dining idea for some of the customers and some of the dining on the first floor and it could open some land space for parking. Acting Chairman Bracken said the problem came about because originally when it came about there were nine additional parking spaces that went with this building. As time went along the buyer found that they didn’t need those spaces and made an arrangement to lease them to Cinnamon Hills instead. That was not looked at when McDonald’s was done and they were short nine spaces. Steve Jensen said the prior owner is the owner of Cinnamon Hills. He sold just the McDonald’s franchise and didn’t tell anybody about the nine spots that he gave away that were not his to give away. Steve also said they tried 5 different layouts to accomplish their goal.Commissioner Campbell asked that since 70% of their business is through the drive through, why can’t they reduce the size of the building in the play and seating area? Farley said if they take the play place out it would be 810 sq. ft. but we are not counting it now, so that would not give them enough space. Ray said staff was trying to be helpful and asked if the playing area could not be counted. He said typically the parking is one per 100 as gross floor for a restaurant. Commissioner Nobis mentioned that the majority of customers would have children in the play area and would be using the parking spaces. Commissioner Read mentioned that he thinks there is a difference between the all sit down restaurants and the ones that the majority of business is done through the drive through. The City should look at it more and factors that would allow stacking in a drive through situation and distinguish the two restaurants. Commissioner Campbell said the play place could be a play area and not be counted if the dining part of it was taken out. Steve Jenkins said they need seating to accommodate the mother with a young child climbing and another child in her lap.Farley stated that McDonald’s has numbers showing that a double drive through and stacking is for convenience to get in. All has been calculated. The double drive through gets them in and gets them out. That is their business and that is what they know.Assistant City Attorney Farnsworth said his caution to the Planning Commission is that this does set a precedence and it should be taken into account.Acting Chairman Bracken said it should also be taken into account that they are building a smaller building in totality from what they had before and in his estimation the City was a little bit responsible for allowing those nine spaces to be taken away from this. Commissioner Nobis is questioning the total square footage of the new footprint vs. the old footprint. He said the new building is slightly bigger. Farley stated that was correct; the new building is slightly bigger. He said he has tried all things and is still unable to get the required number of parking spaces and accomplish what he needs to accomplish.Steve Jenkins said the usable seating capacity is reduced with the new building, however the footprint is larger. He asked them to consider that they are a quick service restaurant. Assistant City Attorney Farnsworth said that if we did not count the storage area we would be making an exception for this restaurant. Legally, he does not think that is the right course of action. Perhaps the best thing to do is to change it to a difference between sit down restaurants and fast food restaurants. Tonight the question before the Planning Commission is whether or not you should count the drive through spots as part of their parking towards the parking requirement. If you do count it, how many do you count? The determination tonight is whether or not to count the stalls and to what extent. Commissioner Read said that Section 10-19-5 gives the Planning Commission the option to reduce the number by looking at the circumstances. He thinks they are asking to be reduced to 35 spaces due to their unique situation. Assistant City Attorney Joseph Farnsworth said the commissioners can recommend to City Council the number of spaces it deems reasonably necessary. Ray Snyder pointed that that they would need to determine the 34 existing spaces.Commissioner Campbell asked about the area that the freezer would be in and if part of the play area were removed, how much square footage would that be? They calculated that 10 less parking spaces would be needed using those calculations.Assistant City Attorney Joseph Farnsworth said that if they do feel comfortable making recommendations for a different number, state the specific reasons and findings why this site for this McDonald’s restaurant is different, what makes this one unique.MOTION: Commissioner Read made a motion to recommend the applicant to come back to the next Planning Commission meeting and have the City notice it up for all considerations that can be considered under Section 10-19-5 and bring it back to the Commissioners. Commissioner Burks seconded it. All voted aye, motion passes. Ray Snyder clarified with Assistant City Attorney Farnsworth that they need to come back to the next planning commission meeting if they have everything prepared in time and that there is no requirement under the code that a public hearing will be needed. Assistant City Attorney Joseph Farnsworth stated that is correct.7. PD ZONE AMENDMENT – PUBLIC HEARING (5:00 P.M.)Consider a request to modify the list of approved uses for the Sunbrook Ranch PD Commercial zone located at 415 South Dixie Drive by adding “dances for the general public” to the list of allowed uses. Ms. Andrea Riggs, applicant. Case No. 2008-ZC-017. (Note: This item was tabled at the June 23, 200 and July 14, 2009, Planning Commission meeting.)Craig Harvey presented this request and mentioned that this item has been tabled at two previous PC meetings to allow for a site visit on June 30th at 7:00 p.m. to see the facility and listen to the sound levels proposed for the dances. It was also tabled for a legal opinion on a temporary zoning action.The request is to consider a request to modify the list of approved uses for the Sunbrook Ranch PD Commercial zone located at 415 S. Dixie Drive by adding “dances for the general public” to the list of allowed uses.On Sept 4, 2008, the City Council approved a zone change for this property from M-2 (Manufacturing) to PD-COM (Planned Development Commercial) and PD-RES (Planned Development Residential) for the 17.35 acre property. A variety of residential and commercial uses were approved for the property including indoor soccer, retail shops, fitness and wellness facilities, call center, assisted and independent senior living units, and other uses. The applicant, Ms. Andrea Riggs, has a business license to do dance lessons, dance instruction and operate a fitness business at this location. She would now like approval to also have dances in the evening open to the public 2-3 nights per week. The dances would have a different focus, such as, “Over 40’s night”, Country/Line Dancing night, 80’s night, Singles night, and Disco night. The applicant requests approval to stay open until 11:30 pm for the dance nights, and fitness classes held 3 nights/ week (already permitted under the PD Zone) would run until 10 pm.Since this was not part of the original request or approval this proposed additional use requires approval from the City Council, upon a recommendation from the Planning Commission.Property owners within 500’ of the subject property have been notified of this public hearing so if the neighbors have concerns they have been invited to both the PC and CC hearings on this request. This PD zone amendment has also been noticed in the newspaper for 10 days prior to the public hearing.Issues:1. Neighborhood compatibility Dances, if not adequately supervised with appropriate security can be a source of excessive noise and loitering late into the night. The applicant states she will have the ‘necessary security’ for any weekend event which is geared toward younger groups. Also, the applicant has abandoned the idea of having some music outside, and now agrees to limit music to indoors.2. Parking The property has been approved for a variety of uses although at present there are very few up and running. The indoor soccer has begun and is approved for nightly soccer. The dance assembly area is approximately 4,900 sq ft which could accommodate a large number of persons.(capacity cannot exceed 950 under the Fire Dept occupancy limits). However under the city Parking standards, there must be at least one parking space for every 3.5 persons. Therefore an occupancy limit of 950persons would require 271 parking spaces. Therefore the PC should recommend a maximum capacity limit based on facility size (ie, 4,900 sq ft) and the available number of paved parking spaces. There are 280 parking spaces on the premises.3. Security The applicant should agree to provide security when such is deemed necessary by the St George Police Dept.4. Fire Code Requirements Any approval should be subject to meeting the fire code requirements as set forth by Kevin Taylor, Fire Marshall. The applicant has summarized those requirements in her Addendum.5. The applicant has taken steps to address noise, parking, fire code, and security issues. A representative from the Police Dept (Captain Rich Farnsworth) addressed security concerns at the last PC meeting. See the applicants “Addendum #2 dated July 8, 2009 for her revised dance proposal.6. The Assistant City Attorney (Joseph Farnsworth) has issued an opinion that zoning cannot be temporary for this request, and voluntary time restrictions offered by the applicant are not suitable because it amounts to a temporary zoning action.7. At the last PC meeting it was mentioned that the city “Public Dance Hall” ordinance makes it unlawful for noise to be heard beyond 100’ from the premises where the sound originates. Therefore the city can rely on this ordinance to address noise concerns( see Ordinance 3-2A-4 attached).8. A 6’ solid fence or wall is required adjacent to the residential properties on the north and south sides. Such a wall presently exists along most of the property line, however there are a couple of gaps on the south (or east) side near the driveway, and when cars exit the property at night the headlights shine into the residential property. The commercial property owner (Marv Blosch) has been made aware of this problem and has agreed to correct it.The public hearing was opened.Andrea Riggs, the applicant came to the podium. She said being open on weekends until 11:30 p.m. is a big deal to her. She discussed this with a few neighbors and they had made suggestions. She said the opportunity for her and for her business is at this facility and this facility only. She said this is a retirement community here; however it is also a college community and has high school students here. She believes the Commissioners understand her intentions.Connie Hauser came to the podium. She said she attends the Zumba classes and stated that it has been a lot of fun for her. When she heard about the dance club, she was excited. She is a resident of Sunbrook, the parent of four teenaged children and she feels that the children here need something to do. She always feels that a dance club gives adults such as her something to do also. She feels that it presents a good option for people.Ms. Hutchens came to the podium. She works for the Learning Center for Families and said that she feels this is great to have a place to go to de-stress for a night. She feels that they need something like this on this end of town.Fred Tucker said he represents a small portion of the college age students in this community. He thinks the city needs a program like this to the City and feels that it will be a positive influence in the area and will people something different to do. The public hearing was closed to the public.Commissioner Read asked how to add in the restrictions or conditions that had been discussed. Assistant City Attorney Farnsworth said that if the Planning Commission does decide that they do want to recommend approval to the City Council, it would be by amending the PD text to include this as a permitted use with the following conditions and outlining the ones considered appropriate. The findings should say why this PD zone is suited for this use, whereas other PD zones in other parts of the City may not be as uniquely suited for this use. That would help protect the City from future applicants coming in where the site may not work well. Commissioner Burks mentioned security and the need to have it available when all events are taking place, not just the dancing part of it.Assistant City Attorney Joseph Farnsworth mentioned Code 3-2A-4 and that it mentions security being in place for public dance halls. The City Code also has requirements that state they must be over 21 years old and they can’t have a criminal history in the previous 2 years or during the course of employment. As far as whether or not tonight you can mandate the security for the other uses there, that is not an issue before the Planning Commission tonight. Commissioner Taylor wonders if some other alternative that could restrain the days and hours of the week.Assistant City Attorney Farnsworth said you could amend the PD text of the ordinance of this particular application to show that their situation is unique and give specific findings as to why. You need to be as specific as possible.MOTION: Commissioner Hullinger made a motion to amend the PD text for the following reasons: the proximity of the neighbors, that they walked the perimeter and the distance is more than the 100 ft. in the dance club ordinance, the client is willing to provide security, and the dance club will be closed at 9:30 p.m. Monday through Thursday and Friday and Sat closing at 11:30 p.m., With those findings she makes a motion to amend the PD text. DISCUSSION: Commissioner Nobis mentioned the need to address the parking, limiting the number of people, that it needs to meet the fire codes and they need to have a special event permit for the weekends.Commissioner Hullinger said that she accepts that.Commissioner Nobis said he has come up with 270 parking spaces if you have the 950 people that were discussed. Commissioner Taylor asked if she was ok with the hours of operation and the answer was yes. Today Ms Riggs offered to have the hours be Monday through Thursday until 9:30 p.m. and Friday and Saturday until 11:30 p.m. It will be closed on Sunday. Commissioner Nobis questioned if she mentioned security and Commissioner Hullinger said yes she did, the applicant is willing to provide security. Commissioner Read stated he would like to see in there that based on what Captain Farnsworth told them last time that she can provide private security for up to 100 people, after 100 people she needs to go to public security based on whatever Captain Farnsworth recommends, you need to follow the ordinance for the distance and the decibels, the doors being closed need to be stated specifically, specifically stating, so there are no issues, the policy board being up that no alcohol, a dress code, once they leave they pay to reenter, the outside security with a 15 minute restriction, one someone comes out the dance hall they are gone and not out in the parking lot the rest of the night. He thinks they need something that at the end of the music at 11:30, music shuts down and doesn’t keep playing and security has the parking lot cleared by midnight. He also thinks they need further restriction on the number of people even though parking lets you go up to 950, he thinks that’s too many in that location there which is between two subdivisions. Even though fire code and parking would let them go to 950 people, he thinks that is too many.Commissioner Hullinger asked if he thought 500 people was reasonable. Commissioner Read asked the applicant how many she was expecting. Andrea Riggs responded that 500 would be plenty. Commissioner Read said the City would allow a special events permit anytime you need it because they can approve specifics, but any outside event live band and any time you expect over 500 people would require a special events permit. Commissioner Hullinger said she accepts all of that in her motion. MOTION SECONDED: Commissioner Taylor seconded the motion. All voted aye, motion passes. Ms. Riggs came to the podium to explain her conversation with the police officer. Ms. Riggs said he stated that a sign should be up saying the rules, that there is a dress code, no gang affiliated representation, not being able to reenter, once you are out you are out and you have to pay to get back in, if you are sitting out in the parking lot then basically you will be kicked out. If there was a problem, he wanted to be notified, for example if someone came drunk, he would want to be notified of the potential situation. She said they are happy to do whatever they need to do. FURTHER DISCUSSION ON THE MOTION: Commissioner Read questioned Assistant City Attorney Farnsworth about being more restrictive so there is no precedent setting down the road. He wondering if they could add in that it has been commercial use for 50 years with Moore Business Forms there, so we don’t have a new development being able to come in adjacent to neighbors, whereas this one has already been established as some kind of use that is not conducive to the neighborhood already.Assistant City Attorney Farnsworth stated that would be a great finding to make to make sure this approval was site specific. Commissioner Read mentioned that he added it after the fact.Assistant City Attorney Farnsworth said that he can say it was one of the reasons why he made that motion.Commissioner Read said an industrial zone then, with the uses being the uses that are there. Assistant City Attorney Farnsworth said to make it clear you can say not in residential for the past 30 some years that it’s been commercial or industrial or non residential use. Commissioner Read said on the dress code normal decency; lewdness provisions if anything revealing of a sexual nature you can take care of with the police anyway. 8. PUBLIC HEARING ON REVISED ANNEXATION POLICY PLAN (5:00 P.M.)Ray Snyder presented this policy plan and pointed out the process for adopting the revised annexation plan. Ray said he is not aware of any comments being received. The Acting Chairman opened the public hearing and invited all to come forward.No one came forward.MOTION: Commissioner Nobis made a motion to approve the revised annexation plan as designated by item # 8. Motion was seconded by Commissioner Taylor. All voted aye, motion passes. 9. ZONING REGULATION AMENDMENT (5:00 P.M.)A. A discussion of a proposal to provide provisions for “Short-term Rentals” by modifying Title 10 “Zoning Regulations,” Chapter 14 “Supplementary and Qualifying Regulations,” Section 10-14-22 “Short Term Leases of Residential Properties”; by changing Section 10-14-22-E “Residential Lease, Short Term, Prohibited” to provide for exceptions to allow short term rentals. Case No. 2009-DI-004.Assistant City Attorney Farnsworth presented this proposed code amendment, which is to allow short-term rentals where appropriate and where the transient nature of the occupants does not create a negative impact to the residential neighborhood. Protect residential neighborhoods and property values by promoting quiet, stable neighborhoods and limiting the commercial, transient nature created by short-term rentals.“Short-term rental” means the use, occupancy, rent or lease of a residential property or a portion thereof, for remuneration for a period of 30 days or less.Short-term rentals are presently allowed in commercial zones (ie, hotels), Bed & Breakfast Inns in Landmark sites, in a Resort Overlay Zone, and in specific areas of certain Planned Development projects which have short-term rentals approved as one of the PD zone uses. The Planned Development Residential projects with short term rentals include Las Palmas & Sports Village at Green Valley, Entrada, Sun River, and Sunbrook has a hotel site approved but not yet built. Also, there are a limited number (approx 10) of condo units in the Bloomington Gardens area which were leased through Holiday Resort Realty and was deemed an allowed use as part of the Bloomington area annexation to the city in 1982. 1. In PD Residential Zones with at least 100 dwelling units, short-term rental units could be allowed under two (2) options; 1) First would be the large PD projects which have an 18 hole regulation golf course and which designate a specific area or phase to be used for short term rentals, similar to the Entrada project which has a certain area designated for short-term rentals, 2) The second option is for smaller projects (with at least 100 dwelling units) where short term rentals could be approved if 100 % written approvals were obtained from existing property owners within the project. The existing PD Residential projects with short-term rentals as an approved use are all larger projects with a golf course as part of their amenity package (except Green Valley). The combined requirement of 100 dwelling units and either 100 % written consents from property owners, or having an 18-hole golf course will limit the number of residential projects seeking city approval to allow short-term rentals.2. Another option is to require all projects with multiple short term rentals to meet the requirements of the Resort Overlay Zone, i.e, (1) a golf course or access to an adjacent golf course, (2) a swimming pool and at least 6 tennis courts, (3) an on-si...

...r repairs and sediment removal from the Santa Clara River at the Southgate Golf Course caused by the two flood events in August and September 2014; 13) To budget for repairs of the substantial damage caused to the Middleton Wash Trail from the two flood events in August and September 2014; 14) To increase the budget for the Tonaquint Cemetery Secondary roadway project to pay property taxes as per the donation agreement, add participation with Questar to extend the gas line, and add geotechnical testing; 15) To budget for the demolition of West Cove Apartment buildings as per the Administrative Code Enforcement decision and court order. The property owner will be required to reimburse the City for the demolition costs; 16) To budget for creating two new positions for the Millcreek Generation Facility and reducing the scope of work for the maintenance contract with G.E. (Budget amount is for the remaining 7 months of the fiscal year form December 1, 2014); 17) to recognize proceeds from the sale of property to Dixie Power for a substation adjacent to the Seegmiller Park with the proceeds being used to add additional amenities to the Hela Seegmiller Historic Farm; 18) To budget for emergency replacement of the Dinosaur Museum boiler which failed and could not be repaired, requiring that a new boiler be installed immediately; 19) To write off a portion of the accrued interest on an assessment form District 80-1 as per a settlement agreement with a title company. The settlement fully reimburses both the principal and interest originally assessed to the parcel and paid by the City on the assessment bond; 20) to budget for the KONY Coins for Kids – Operating Expenses reimbursement which was approved in the 2013-14 budget but not incurred until the current year. Costs are fully reimbursable by CDBG grant funds; 21) To budget for the installation of wheelchair securement upgrades to 7 buses due to increasing ridership of individuals requiring this amenity. The upgrades are funded 80% by federal grant and 20% City match; 22) To increase the Public Works Capital Project Fund budget to fund repairs for damage caused by the August/September 2014 thunderstorm flooding events to the City Creek drainage (Sunset Boulevard) and Halfway Wash drainage at 540 N. Dixie Drive. Funding will come from the Drainage Utility Fee fund; 23) To budget for the cost of participation between the City, the School District, and the private developer for roadway improvements to 190 E. near Snow Park, Dixie Middle School, and the Fiesta Fun Center; and 23) to budget for arbitrage compliance review which occurs every five years and was not included in the original budget. Mayor Pike opened the public hearing. There being no public comment, he closed the public hearing. MOTION: A motion was made by Councilmember Hughes to approve the amendments to the 2014-15 budget. 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 St. George City Council Minutes January 22, 2015 Page Nine Councilmember Randall – aye Councilmember Bowcutt – aye Councilmember Arial – aye The vote was unanimous and the motion carried. FINANCIAL REPORT: Consider approval of the financial report for December, 2014. City Manager Gary Esplin advised the report shows that the City is right in line with the projections. The General Fund is a little under because there is a $6 million transfer that has only been transferred at $2 million. Sales tax is up. Councilmember Almquist inquired about the Fire Impact Fund. There was a $4,000 budget; however, $124,000 was spent. He asked what was purchased. City Manager Gary Esplin stated that he does not know what the details are. Councilmember Almquist commented that it is nice to see the donations coming in for SwitchPoint. MOTION: A motion was made by Councilmember Hughes to approve the financial report for December 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. AWARD OF BID: Consider award of bid to install 36,000 sq. feet of 3 ½” thick asphalt on 190 East. City Manager Gary Esplin advised that this item was just approved in the budget amendments. Connie Hood explained that Western Rock was the low bidder at $54,147. Mayor Pike commented that this will not only benefit Fiesta Fun, but also the School District and parents. City Manager Gary Esplin commented that this road could possibly connect the parking lot at the high school. MOTION: A motion was made by Councilmember Randall to approve the bid to Western Rock in the amount of $54,147 for the paving of 190 East. St. George City Council Minutes January 22, 2015 Page Ten 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. AWARD OF BID: Consider award of bid to Sunroc Corporation to build the Indian Hills Storm Drain, golf course segment. City Manager Gary Esplin advised that this item is part of the Indian Hills Drive project. It is necessary for the golf course. Connie Hood explained that ten bids were received, five of them being with $1,000 of each other. Sunroc is the low bidder at $54,448. MOTION: A motion was made by Councilmember Hughes to award the bid for the Indian Hills Storm Darin to Sunroc Corporation in the amount of $54,448. 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 RESOLUTION: Consider approval of a resolution matching funds to purchase equipment used to implement a leak detection program as well as Water and Wastewater system modeling software. City Manager Gary Esplin explained that this will allow the City to match funds with a grant received from the Bureau of Reclamation to help with conservation plans to implement a leak detection program and a modeling system for Water and Wastewater systems. Rene Fleming stated that not only does staff want the customers to be wise water users, but also the system operators to be able to improve efficiency. She will be requesting funds to purchase equipment to implement a leak detection program and to also purchase Water and Wastewater system modeling software. The total project will be approximately $70,000 of which the City would have to match half. Mayor Pike commented that this will be a positive thing. MOTION: A motion was made by Councilmember Hughes to approve the resolution for the matching funds for the grant to purchase the said equipment. St. George City Council Minutes January 22, 2015 Page Eleven SECOND: The motion was seconded by Councilmember Arial. 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. Councilmember Hughes inquired if the cost also covers the operator as well. Ms. Fleming explained that the cost to purchase the equipment will include training and the crews will be cross trained. REQUEST FOR EVENT AT RIDGE TOP COMPLEX AND BEER GARDEN: Consider approval of a request to hold the Retro Rock Festival with a beer garden at the Ridge Top Complex. Kjirsten Strong, applicant. City Manager Gary Esplin advised this is a request to include a beer garden at the Retro Rock Festival at the Ridge Top Complex. Since it is a City owned property, the request needs to be approved by the City Council. The request for the beer garden is separate from the request to use the Ridge Top Complex. Kjirsten Strong, applicant, explained they are hoping to be approved for the Retro Rock Fest in addition to a beer garden as part of the event. Curtis Strong stated that they would like to hold the event even if the beer garden is not approved. He commented that beer is sold at City golf courses. They want to be transparent and have open communication about the possibility of this event. Although the beer garden will be a small scale, they have committed to holding this event for three years. This will be a diverse concert and will be their first attempt. They work with fifteen different businesses that give back to the community and would like to continue to build the event. All of their events are family events. They would be open to control the hours of the beer garden. It is proposed that it be in a separate area with separate admission and will include food. He explained that Wasatch would take care of the garden that would be barricaded. ID’s would be checked at the main gate as well as in the beer garden area. Beer would not be allowed out of the area. Sonny Boys would be catering the event; this is a service they provide on a regular basis. Beer would be the only thing allowed. Tailgating was discussed with the Police Department. This event is not about the beer, it is about the entertainment. They want to work with the Police Department. The musical festival will feature Quiet Riot, Warrant and 21 cover bands. It will also feature a rib festival and possible lawnmower races. Maverik has shown interest in this event as they have with their past events. They will do various sound checks at different locations throughout the City. City Attorney Shawn Guzman stated that the City has allowed beer sales at the golf courses, but this has not been allowed on City property in the past. If approved, he asks that the Council authorize staff to work with the City Manager to set the parameters such as the limits of insurance. Additionally, he would want to check with the City’s liability insurance carrier to make sure that they are okay with alcohol sales with this type of St. George City Council Minutes January 22, 2015 Page Twelve event on City property. Beer gardens were not approved at the air shows that were held in the past. He explained that the Council does not need to take action in this item since the event is item 6B. The applicant would have to apply for a beer license and return for approval. City Manager Gary Esplin explained that the event needs to be scheduled. There are some questions with regard the insurance. Item 6B is different from item 6A. He would like to see the applicants return with a plan showing where the beer garden will be placed. Beer sales have not been allowed at the Sunbowl or other City property, other than the golf courses. He suggests staff look at other cities to see what they do. If the beer garden is approved, there will be additional requests. He suggests approving the concert at this time. MOTION: A motion was made by Councilmember Hughes to approve the Retro Rock Fest at the Ridge Top Complex. 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. REQUEST FOR SPECIAL EVENT AT TOWN SQUARE: Consider approval of a request to hold the Red Rock BBQ Fest in the southwest parking lot of Town Square. Kjirsten Strong, applicant. City Manager Gary Esplin explained that staff has reviewed this applicant and this is the type of event that Town Square was built for. Mr. Strong stated that the Fire Department had concerns; however, they have been worked out. This is an amateur event and will have live music. MOTION: A motion was made by Councilmember Arial to approve the request to hold the Red Rock BBQ Fest in the southwest parking lot of Town Square. 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. SET PUBLIC HEARINGS: John Willis advised that at its meeting on January 13, 2015, the Planning Commission recommended setting public hearings on February 5, 2015 to consider: 1) a General Plan St. George City Council Minutes January 22, 2015 Page Thirteen amendment from Low Density Residential, Medium Density Residential, Open Space and Commercial to Medium Density Residential, Professional Office, Open Space and Commercial on 105.9 acres generally located between 3000 East and the Virgin River and fronts on Mall Drive; 2) a General Plan amendment from Golf Course and Open Space to Low Density Residential on 3.966 acres of thr...

...rrently recycling, such as collecting and recycling aluminum cans from the golf courses, and recycling paper products. The City also has a policy of purchasing recycled products if they are within 5% of the lowest price. City Manager Gary Esplin advised the City has made a major investment in its Reuse Center on Brigham Road which recycles green waste. The City also recycles cement and asphalt at that location for use as road base. Mayor McArthur advised that sludge from the City?s Wastewater Treatment Plant is recycled by mixing it with the green waste from the Reuse Center to make compost. This compost is available to the public at $30 per ton. He advised, however, that recycling in general is handled through the Washington County Solid Waste District, and any efforts toward recycling must begin on a small basis and expand. Bonnie Deem introduced Tia and Sherry Garr who presented a recycling program that will be taken to the local schools to educate children about recycling. Mrs. Deem advised the neighborhood recycling program which began with just seven blocks now includes 75 blocks. Jennifer Ott, Executive Director of the Recycling Coalition of Utah, advised her organization can be used as a resource for information and networking for communities interested in recycling. She offered her assistance in developing a feasible recycling program for St. George. Councilmember Gardner advised he supported a community effort to recycle, but that it would be hard to supplement a program that does not pay for itself, and creative ideas were needed to make it work. Ms. Ott advised there is very little grant money available for recycling programs. Mayor McArthur advised that many communities are not recycling because of the prohibitive cost and fluctuation in the market. Ms. Deem advised that all items for recycling picked up by her volunteers are turned over to Recycle USA. She advised more volunteers were needed to help with the program, with the main emphasis being working with the schools to educate the children about recycling. Mayor McArthur suggested that Ms. Deem contact the Washington County Solid Waste District about institution of a recycling program. Councilmember Gardner suggested that perhaps the savings from the lower solid waste collection fees could be diverted to the recycling program. Mayor McArthur commented the savings are insignificant compared to the cost of a recycling program An unidentified man from the audience inquired if there were any way the City could advertise the recycling program in its utility billings and determine a level of support for such a program. Mayor McArthur replied that could be done the next time there is a City-wide survey. City Manager Gary Esplin commented the parameters and cost of a recycling program would have to be determined. Councilmember Rod Orton commented most large grocery stores in the area are already recycling cardboard. Roene Wilkinson advised she has been in the recycling business for 15 years, and helped institute recycling programs in Salt Lake City and Sandy. She advised that a recycling program is very costly. She offered her help in instituting a program in St. George. Mayor McArthur encouraged Ms. Deem and volunteers to continue with their recycling efforts and to contact the Washington County Solid Waste District. INCREASE IN JUNIOR GOLF FEES: Leisure Services Director Kent Perkins distributed a memo concerning 2000 junior golf rates. He advised staff proposes to raise junior golf fees by $1 per round. This is not an attempt to augment golf revenues, as the increase will be used entirely within the JAG program and will be used to implement a summer marshal program to teach junior golfers proper on-course golf etiquette. He advised this education process would ultimately help protect the golf courses and improve the overall program. It was the consensus of t...

...ned that she hears a complaint daily about the City watering its parks and golf courses in the middle of the day. She inquired if it would be possible to water at night only. City Manager Gary Esplin replied that the City's system cannot water all the facilities with irrigation water during night time hours only. However, the City should be watering at night whenever possible. He explained that the City's Conservation Committee will be recommending a fee schedule for water. Additionally, information should be disseminated to the public so those who criticize the City's golf courses can be informed about the revenue they generate to pay bonds, etc., and their impact on the hotels, motels, and shops. Golf courses are not just recreation, but economic development, and they affect the economy. Council Member Orton suggested that the public be educated through use of the newspaper and radio on the importance of water conservation, and the economic impact of golf courses on the local economy. St. George City Council Minutes April 25, 2002 Page Four Council Member Allen commented a citizen inquired why he should conserve when he is being billed for a 5,000 gallon minimum each month. City Manager Gary Esplin replied that this 5,000 gallons is used up by indoor water use, and the minimum used to be 15,000 gallons a month. Council Member Whatcott commented that it would be impossible to quantify the number of people who moved to St. George because of the many golf courses. PRESENTATION FROM UAMPS: Water and Power Director Wayne McArthur introduced Doug Hunter from UAMPS and advised he would explain the current status of some of UAMPS' programs and answer any questions. There has been a lot of concern about deregulation of the industry and the volatility of the market and how this impacts the City. Mr. Hunter distributed copies of a power point presentation entitled Cost Recovery Charge, attached hereto as Exhibit "A" and reviewed it with those present. After the presentation, Council Member Whatcott inquired of Mr. Hunter who authorized the subscription of power. Mr. Hunter replied it was done after input from members. He explained that this input is requested in the winter so power can be purchased in February and March when the cost is at its lowest point in the year. This year Caterpillar and Cummings sold mobile diesel generators to a number of cities who therefore did not subscribe. UAMPS realized they were not getting the subscriptions needed and found someone to buy the power. Council Member Whatcott stated that the City purchased some of those mobile diesel generators, and he found it hard to believe that its Power Department would recommend purchasing them after UAMPS had purchased power at a high rate. The City did not subscribe to some of the expensive power, yet it was also stuck with the 5.5 million dollar debacle. He stated that a letter from UAMPS stated that some budgeting reduction should eliminate pressure on the need to increase rates, yet the City's Power Department lost $12.5 million in the last year. He requested an explanation of the statement in the letter. Mr. Hunter replied that he took the budget for the upcoming years and reduced all costs to take pressure off the situation and reduce the budget. Council Member Whatcott inquired why the principal was not being paid down so that interest could be reduced as well. He inquired if there were a prepayment penalty. Mr. Hunter replied that there was not a monetary prepayment penalty, but the payment is not yet due, and can only be made on certain dates. The Board will make the decision when to make the payment. Council Member Whatcott commented that in reading the letter and listening to the presentation, he did not hear anything about mistakes made by UAMPS, as basically everything was attributed to being out of the control of UAMPS, and no one at UAMPS was taking responsibility for what has happened. St. George City Council Minutes April 25, 2002 Page Five Mr. Hunter advised that UAMPS acted prudently given the information it had at the time, and it did all it could to alleviate the situation. However, if he had it to do all over again, he would do it different. Council Member Whatcott commented the lack of subscription was not out of the control of UAMPS. Mr. Hunter replied that UAMPS followed its normal procedure. Council Member Whatcott commented that the error of judgment was very expensive and questioned Mr. Hunter's assertion that UAMPS acted prudently. He questioned whether the risk factor was considered when playing with city funds in a volatile market and if a risk analysis was performed before purchasing the power. Mr. Hunter replied that UAMPS used a forward curve to analyze power prices, and looked at what prices would be if UAMPS did not buy forward in the summer and just a day or hour ahead. An analysis was performed, as well as a detailed loan analysis on what was available. It normally takes somewhere up to 30 days to get the subscriptions in, and in the time frame UAMPS was looking at, there were a number of people to buy the power. However, it just sat there, and he takes the blame. In the future he would just sell it. By taking it back to the Board, this caused a ten day delay and the market fell out. Council Member Whatcott commented that the City has taken a huge hit that it will feel for at least the next five years at a minimum, and when these situations happen, everyone conserves. He questioned if UAMPS was giving any wage increases in this time of a money crunch. Mr. Hunter replied that there were no wage increases, as they were not in the budget. However, he received an increase because he was offered another job but the Board wanted to retain him. The matter was discussed in executive sessions, and he was not present. Mr. Whatcott replied in that event, he would have a discussion with the City's Water and Power Department. Council Member Allen inquired if new procedures or safeguards had been implemented. Mr. Hunter replied that he would vote for non-purchase until someone comes to them, and he would not buy any power on the market to subscribe as has been done in the past. JOINT MEETING WITH WASHINGTON CITY COUNCIL: Also present were Washington City Council Members Jean Arbuckle, Rick White, Mike Heaton, and Roger Bundy. Public Works Director Larry Bulloch distributed copies of a proposed City of Washington Airport Overlay Zone hand-out, attached hereto as Exhibit "B." Washington City Manager Kevin Watt advised that the Washington City Council was willing to adopt the overlay zone, but it would be a hard sell to adopt it with any more than what the FAA has already approved. Also, it is felt that the plan submitted to the FAA is what St. George would like. Washington City is looking at ways to work with St. George and sell the idea to property owners in Washington City in order to move forward. St. George City Council Minutes April 25, 2002 Page Six Washington does not want to obstruct the new airport, but also must be accountable to its citizens. Mayor McArthur advised it was his understanding that a compromise has been reached while still adopting the overlay zone to protect the site for the future. Public Works Director Larry Bulloch advised that the second runway does not have to be shown on the zoning map, but the zone that protects it must be shown. This softens the impression that the second runway will be built for sure, and then someday in the future if it is determined to be a realistic project, then it could be added back on. The City's consultant, Mr. Dunkelberg, advises this is acceptable, and the second runway could be shown in the General Plan as a possibility in the future. Another thing which was asked by Washington City is if the City could change the reference to museums as a prohibited use to a conditional use. This change has been completed as it is felt that some types of museums would be acceptable. Property owners asked if the horizontal surface above the secondary runway which would limit height could be changed, and this is 150 feet. There was another question raised about the reference to prohibiting publicly funded parks and recreation areas, as there is a golf course adjacent to the Salt Lake airport. However, regulations have since been changed and today golf courses are prohibited by the FAA due to problems with attracting bird...

...oyalty Rewards program membership can be purchased at any of the four city golf courses.  

...e surrounding cul-de-sacs and homes in a long strip of land which mimics a golf fairway.  A looped walking path winds its way through the park, l...

...y irrigation water to several City facilities including parks, cemeteries, golf courses, and sports complexes, as well as other large irrigators such ...

...st kept secret. Located at 1851 South Dixie Drive, just west of South Gate Golf Course, Tonaquint Nature Center offers outdoor education programs, spe...

...tration forms are submitted to the school's front office. Introduction to Golf Dates: TBA 2:15-4:00 pm   Introduction to Archery Dates:&nbs...

...t of their growth in the sport. Outside of tennis he enjoys playing chess, golf, traveling, and spending time with his family. A random piece of trivi...

...ted within the first few minutes of going into cardiac arrest.  Most golf courses and recreation sites throughout the city have AEDs available.&...

...revenues go to them as well. Councilmember Hughes inquired about moving golf into the General Fund. How does the City keep track of what the gap is there? City Manager Gary Esplin explained that staff is monitoring that. The trends are good. There is a gap; however, actual revenues are up. There are thirteen golf courses in the County. Essentially, there is significant competition between the courses June through October, which is a challenge. He commented that City golf courses are in better condition than they have ever been. Administrative Services Manager Deanna Brklacich presented a PowerPoint presentation covering the following topics: Administrative Services Department Organizational Chart; Fiscal Year 2014 Percentage for Each Payment Method; Utility Payment Method – Volume and Type Over 5 Years; Utility Payment – Trend by Method of Payment Over 5 Years; Utility E-bills – First 18 Months; Other Stats; and Department Goals. Mayor Pike commented that some of the boards he sits on have discussed investment strategy; most money has to be invested with the State. He asked if the City has had similar discussion. City Manager Gary Esplin explained that there have been discussions on this issue previously. Staff will be looking into other investment tools that other cities are exploring. There is approximately $85 million that are not operating dollars. Staff has always been very conservative. Ms. Brklacich explained that the State Money Management Act is a law the City has to follow. Human Resources Director Judith Mayfield presented a PowerPoint presentation covering the following topics: Human Resources Department; Opportunities; Compensation Program; Determining Job Position Range; HRIS; Employee Classification; Performance Appraisal Program – December 1, 2002 through November 30, 2009; Performance Appraisal Program – December 1, 2009 to current; Training & Development – 2014; and HR Policies & Procedures. City Attorney Shawn Guzman presented a PowerPoint presentation covering the following topics: Legal Services 2014; Legal Services – Organization Chart; and Diana Hamblin Paralegal/Legal Services Secretary. Diana Hamblin introduced herself and spoke about what she does for the department. City Attorney Shawn Guzman continued with his PowerPoint presentation covering the following topics: 2014 Numbers; Number of Criminal Cases Filed By The City in 2014; Number of Cases Handled By The Washington County Justice Court in 2014; Justice Court – Total Caseload Comps; Number of Cases Exceeding Target Dates; Court Dates; Robert Cosson Chief Prosecuting Attorney 7 Years; Cassandra Warren Office Manager/Legal Secretary; and Legal Secretaries. St. George City Council Minutes February 12, 2015 Page Three Cassandra Warren introduced herself and spoke about what she does for the department. City Attorney Shawn Guzman continued with his PowerPoint presentation covering the following topics: Claims 2014; Number of Claims in 2014; Liability Claims 2010 – 2014; 80 – Number of Worker’s Compensation Claims in 2014; Worker’s Compensation Claims 2011-2014; Annette Johnson Claims Manager; and Duties. Annette Johnson introduced herself and spoke about what she does for the department. City Attorney Shawn Guzman continued with his PowerPoint presentation covering the following topics: Civil Matters; Paula Houston Deputy City Attorney; Victoria Hales Assistant City Attorney; and Departments. Victoria Hales introduced herself and spoke about what she does for the department. Paula Houston introduced herself and spoke about what she does for the department. City Attorney Shawn Guzman continued with his PowerPoint presentation covering the following topics: City Attorney Departments; Challenges; 11+1 Number of Incredible, Dedicated Staff in Legal Services; and Wish List. Economic and Housing Development Director Matt Loo presented a PowerPoint presentation covering the following topics: Economic & Housing Development; Top 25 Cleanest U. S. Cities for Year-round Particle Pollution; Business Licensing; Golf Division; SwitchPoint; Friends of SwitchPoint; Updates For First 4 Months; and It’s About the 65%. Councilmember Randall asked Mr. Loo if the police substation at SwitchPoint is setup and if it helps. Mr. Loo explained that it is open and helps greatly. Sergeant Cowan is stationed there full time. Councilmember Hughes asked what SwitchPoint’s relationship is with the Dixie Care & Share. Mr. Loo explained that the Dixie Care & Share has moved into a different business model. They will call it Welcome Homes; it will be a transitional housing model. He is involved with their committee and meets with them monthly. Support Services Manager Marc Mortensen presented a PowerPoint presentation covering the following topics: Support Services; Fleet Services; Fleet Facts; Vehicles in Fleet & Fleet Value (Current Cash Value); Fuel Costs; Work Orders/Repair Costs; Biggest Challenges; Technology Services; Work Orders; Ticket Allocations; 2014-2015 Accomplishments; Cityworks; SGCityAppInternal; Upcoming Projects; Facility Services; 2014-2015 Accomplishments; Roof Repairs; Upcoming Projects; and Public Information. Mayor Pike called for a 15 minute recess. St. George City Council Minutes February 12, 2015 Page Four Water Services Director Scott Taylor presented a PowerPoint presentation covering the following topics: City of St. George Water Services Department February 2015; 2014 Water Services Department Summary; 2014 Water Services Department Projects; Stone Cliffs Water Tank Project; Lagoon Sewer Lift Station Replacement & Clay Sewer Pipe Repair; Mainline Break Repair; Concerns and Challenges; Aging Infrastructure; Nutrient Removal: Wastewater Treatment Plant; Wastewater Challenges: Nutrient Removal; Arsenic Treatment: Water Source; Gunlock Well Field Arsenic Removal; and Capital Improvement Projects 2015 – 2025. Councilmember Hughes asked what kind of a plan staff has for aging pipeline. Mr. Taylor explained that staff will be doing an in-depth study for the next ten years. Cityworks has been a great tool. With Cityworks, staff can pin point where a break occurred and produce an asset management plan. He stated that the downtown section needs to be replaced. Infrastructure is looked at each year; however, there may need to be better planning for the future. City Manager Gary Esplin explained that in the past, the Water Department has been operated on a thin margin. The City is now building reserve funds and getting to the point to where more money can be put into infrastructure. Councilmember Almquist asked how many millions of gallons of reclaimed water are used a day. Mr. Taylor stated that the plant can produce approximately 7.5 million gallons a day. He explained that the biggest problem is that inflow to the plant fluctuates throughout the day. Councilmember Randall asked how water levels are going to be this summer. Mr. Taylor stated that culinary drinking water will be fine; however, farmers will suffer. There was a call on the water rights last year. Any water rights after 1897 were not allowed to be used. Every year, everyone’s allotment is established. City Manager Gary Esplin commented that City parks and golf courses use reuse water from the Virgin River. There may be a problem with this water source in the Bloomington Hills/St. George Golf area. Mr. Taylor explained that during the summer, residents as...

...thern Parkway also bisects the property. The applicants propose an 18 hole golf course along the Ft. Pierce Wash, a portion of which is on City property. They have done a traffic impact study. Recently the City and UDOT requested their northern interchange be moved 1300 feet to the south for better spacing between interchanges, and this has affected some of their zoning districts. The applicants and staff have been working on this for a year and have worked through floodplain issues, road layout, and trails. All traffic crossings will require bridges through the Ft. Pierce Wash. Proposed schools and churches will have to be accessed off side streets and not from major arterial roads. There is a trail network. Staff feels the applicant has done a good job in staying out of the floodplain. There is no disturbance within the ten year floodplain, and within the 100 year floodplain there will be a golf course. The proposed resort hotel is a concept only at this time and will require a height variance. It will have to be brought back at a later date for consideration. A portion of the 100 year floodplain encroaches onto proposed commercial property, but not residential. An alternate use for the 38 acre portion of golf course could be industrial, but that will require the applicants to come back for an amendment to their application. For now it is assumed the acreage shown as golf course will be golf course. When the City Council approved the density bonus overlay area, this property was removed based on the applicant?s commitment to follow the same intent. They verbally stated they would provide neighborhood parks as part of the subdivision process, and will include this in the development agreement. They will provide parks in all residential areas St. George City Council Minutes March 6, 2008 Page Six by providing the land and improving the park. There are 6,317 dwelling units in the project. He then presented a power point presentation including an overview, issues, slope map, land use map, land use plan, walking distances, open space and trails, and circulation. Council Member Bunker inquired if there were any blue clay in the area, and if all drainage drained into the Ft. Pierce Wash. Mr. Nicholson replied that all drainage does drain into the Ft. Pierce Wash, and soil testing will be required before subdivision plats are presented to the City council. Curt Gordon, representing Desert Canyons Development, advised they have done a thorough analysis of the soils and there are some clay soils. Appropriate engineering methods will be used to deal with them. The circulation plan had to be changed slightly due to moving the interchange. This has also affected the loop road system. No increase in density is being asked for. He stated they would have a draft of the development agreement to the City next week. Council Member Almquist asked if there were a preferred direction for landing at the new airport. Mr. Gordon replied that departure would take place over their western boundary, with a golf course planned underneath this area. Mayor McArthur opened the pub...

...announced that the City is going to do a thorough review of the St. George Golf Course. It has been noticed that there have been great improvements at the golf courses; however, this course needs to be looked at in terms of its viability as a golf course. For the sake of transparency, he wanted the public to know that this will be a public process and that no decisions have been made. Councilmember Arial stated that the golf courses have been an amazing thing for the City. They are the third economic driver for the County. She is pleased that the evaluation is being done. Mayor Pike mentioned that the City operates four of the twelve golf courses in the County. RESOLUTION/CURBSIDE RESIDENTIAL RECYCLING COLLECTION AGREEMENT: Consider approval of a Resolution approving the Curbside Residential Recycling Collection Agreement between the Washington County Special Service District No. 1 and Dixie Waste Services, and authorizing the execution of an Agreement between the Washington County Special Service District No. 1 and the City. City Manager Gary Esplin stated that the Mayor and Council have been closely involved with this project. He believes that a discussion needs to take place on the overall ideas St. George City Council Minutes July 9, 2015 Page Two and issues; therefore, he suggested postponing the item until all of the issues are resolved. Mayor Pike asked City Attorney Shawn Guzman to highlight the key points of the ordinance. City Attorney Shawn Guzman explained that staff is trying to fold the recycling component into the existing ordinance. Staff was directed to create an opt-out provision and that it goes with the customer, not with the land. Finance staff will have to keep track of those that opt-out. There are two agreements, one between the Solid Waste District and Dixie Waste and the other between the City and the Solid Waste District. The City was asked to approve both. They have some clarifications that they would like to discuss with the District. Faye Reber, representing the Solid Waste District, explained that they have until September 1 to adopt the ordinances; setting it on an agenda in August is fine. Mayor Pike commented that he wants the public to be aware that this is coming. Residents will be notified and the opt-out period will start no sooner than September 1st, giving them 60 days. The consensus of the Council is to have an opt-out option. City Manager Gary Esplin stated that prior to creating the ordinance, the Council needs to clarify their intent of opting out for residents who may move after opting out. Mr. Reber explained that the model ordinance addresses that concern. The District has talked about the ease of administration. The sample ordinance also seems to be more consistent as they want to go as a County, to encourage citizens to recycle. He realizes the concerns of the cities; they drafted the model knowing that each city would want to change the opt-out rules to better fit their own situation. Mayor Pike stated that anyone that is a new move in to the City, it would be a mandatory opt in program. The only people who get to choose to opt out are current residents. If they opt out and move, he asked if they should be treated as a new resident. Mr. Reber advised this is a five year contract. They anticipate combining recycling with regular waste pick up when they go out to bid in five years. Councilmember Almquist added, if a resident does not opt out in a certain time frame, they are in. Councilmember Arial asked if they opt out, can they opt in at any time. Mayor Pike replied yes. He added that the City would charge a flat $4 per month for collection. The agreement between the Solid Waste District and Dixie Waste is at $3.82 for the opt-out and the City would receive $.18 for administrative costs. If the County reaches 70% participation, the cost would go down to a total of $3.00 per month. Councilmember Randall stated that she is in favor of opt-out, and that the option goes with the individual as they move. She has confidence in staff that they can make this work. Councilmember Arial commented that she would like to give everyone an opportunity to make a decision to opt-in or opt-out. St. George City Council Minutes July 9, 2015 Page Three Councilmember Hughes agreed with Councilmember Arial. He stated that he believes the 70% participation can be reached. Recycling is not free, there is always a charge. This is a great start and will save space at the landfill. Councilmember Almquist commented that the opt-out option is good as well as the option staying with the person. He asked City Attorney Shawn Guzman to address if someone owns a house and opts-out but they rent their home to someone who wants to opt-in. City Manager Gary Esplin explained that it depends on who pays the utility bills. If the owner pays the bill and the renter wants to recycle, they will have to use the recycling bins. City Attorney Shawn Guzman noted that Administrative Services Director Deanna Brklacich and her staff have looked into this. He explained after October 31, 2015, if there are new renters who have never had a utility account with the City, they would be in the mandatory category. Councilmember Bowcutt commented that he believes the opt-out option should go with the person. Mayor Pike stated the City plans to proceed with the opt-out option staying with the person at a total cost of $4.00 per month. There will be a 60 day period in which residents can opt-out. Residents will be notified in a number of ways. Councilmember Almquist asked City Attorney Shawn Guzman to add a clause that enables the Council to review administrative costs as $.18 is fairly thin. City Attorney Shawn Guzman explained that the Council has the right to do that at any time; the proposed ordinance covers that. AWARD OF BID: Consider award of bid for the annual purchase of rye grass for the City golf courses and ball fields. City Manager Gary Esplin advised that the...

...al rip rap to protect the slopes. The wash comes down through the existing golf course, and with the flood plain in the Middleton Wash, there is some potential for erosion. Rip rap and barrier protection will be added. Council Member Bunker inquired if it would be made attractive. Mr. Draper replied that there would be improved landscaping throughout the project. Further the buildings are two, four and six units, not five units. This is the first phase of hopefully two to three in order to clean up the area. Open space will be kept throughout the flood plain. Mayor McArthur opened the public hearing. Bill Powell, President of Twin Lakes RV Park Assocation, advised that the lift station has been out of order for three months and a temporary pump is being used to keep the sewage flowing. He inquired if the City was interested in going in with Twin Lakes A La Mode to build a new lift station. He stated that the Association had a business agreement with Twin Lakes A La Mode to work out the sewer project. The Association has to pump the tank periodically and he inquired if the City would be able to help them do this from time to time due to the expense. City Manager Gary Esplin advised that this is a private sewer. St. George City Council Minutes November 1, 2007 Page Seven Council Member Orton inquired if this problem would be solved when Twin Lakes A La Mode put in a new line. Mr. Draper replied that it would. He advised that a new lift station will be needed, and depending on schedules, hopefully within six months. Mr. Powell inquired if the former Highland Drive would be made a main road and their private road a secondary road. He inquired if they would have to turn their road over to the applicants. Mr. Draper advised that they have looked at different options of tying the roadway in. Twin Lakes will be the primary road, and they will tie into that. Mayor McArthur advised Mr. Powell that the private road was theirs. City Attorney Shawn Guzman commented that the plat shows a right-of-way for a future road in the area dedicated by Ron Stout. Mr. Draper replied that this was not correct, and the applicant only owns south of the Twin Lakes intersection. Gary Hughes, a resident on Twin Lakes Drive, advised that he paid a premium price for one of the newer homes. He advised his concerns were that the first phase of townhomes might devalue the single family homes, and he was concerned with their height. He stated he did not want to lose his view. He stated it was his understanding the whole project was open space and had been changed by the City and would never be changed back to open space. He stated he was never notified of this change. John Willis replied that where the townhomes are being built is zoned R-3. Down below is open space where the golf course was located. The R-3 zoning extends all the way up, and has always been zoned R-3. The open space will remain open space as a lot of it is in the flood plain and he did not foresee it being developed. City Manager Gary Esplin advised that the Atkins zoned the property 20 years ago. There is R-3 zoning located below Mr. Hughes and open space by the wash. The maximum height of the units which can be built is 35'. Mr. Draper advised that their object was not to have real big height. All of the units are built-in or walk-outs or reverse walk-outs to utilize the slope and minimize the height of the buildings, especially below the homes. There will be a 10' retaining wall, and no encroachment to the view. City Manager Gary Esplin clarified that this is not a PD zone but is R-3, and the applicant can go to 35' without coming to the City Council for approval. This is what is allowed in the Zoning Ordinance. There being no further public comment, Mayor McArthur closed the public hearing. Council Member Allen inquired of Mr. Draper if the applicants had ownership of the old golf course. Mr. Draper replied that they owned most of it. Council Member Allen inquired about plans to upgrade it. Mr. Draper replied that they hoped to upgrade it. Part of it will need to have a zone change from Open Space in the area not in the wash toward Twin Lakes Parkway. They are also hoping to close on some additional property soon to acquire the rest of the golf course. This will come in as part of the second phase. Council Member Allen inquired about the netting which was all over the sidewalk. St. George City Council Minutes November 1, 2007 Page Eight A man from the audience advised that it had already been picked up. MOTION: A motion was made by Council Member Gardner to approve the preliminary plat. SECOND: The motion was seconded by Council Member Allen. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. PUBLIC HEARING/ZONE CHANGE/ORDINANCE: Public hearing to consider approval of a zone change from A-1 to RE-12.5 on 8.75 acres located at approximately 1800 South on 3000 East. James and Claudia Eardley, applicants. Community Development Director Bob Nicholson explained that the two parcels combined total 8.75 acres. The applicant is requesting a zone change to RE-12.5, 12,500 sq. ft. minimum lot size. The density barely exceeds two units per acre which is the base density for the Little Valley area. 15% is proposed to be set aside for an equestrian facility which will be owned and maintained by the HOA. The applicants have offered a 20' trail easement by 3000 East and will end up with 18 lots. The Planning Commission recommends approval. The request is consistent with the Little Valley plan. The trail will have to be worked in with the ditch and power lines. Mayor McArthur opened the public hearing. Bob Willard commented that in his view nothing had changed. He stated he felt A-1 is an adequate zone with a minimum lot size of one acre. He advised he lives across the street from the subject property, and the applicant?s higher density housing will butt up to his property. He stated he moved to this area specifically to have A-1 zoning. If the request is approved, it will diminish the entire reason he moved there, and many neighbors feel the same. He stated he did not see the need for the zone change, but had no problem with the applicant breaking up his property into one acre parcels. He stated he was opposed to any zoning which would allow the applicant to do more than that. Karen Willard stated she was appalled the Planning Commission approved this request. She advised she lives across the street from the subject property. She said there was talk of creating a buffer zone between those with A-1 zoning, and there is no buffer. All the density will be right next to their property. This does not follow what the Council has been purporting for many months. She suggested the equestrian area be located to the east where the adjoining property is zoned A-1 and the houses located on 3000 East. She stated the proposal was obscene to her and needed to go back to the drawing board. There being no further public comment, Mayor McArthur closed the public hearing. Mayor McArthen then excused himself from the meeting. APPOINT MAYOR PRO TEM: MOTION: A motion was made by Council Member Bunker to appoint Council Member Rod Orton as Mayor Pro Tem. SECOND: The motion was seconded by Council Member Allen. VOTE: All voted aye. The motion carried. PUBLIC HEARING (CONTINUED) Council Member Whatcott advised that RE-12.5 zoning allows one large animal and in the past the City has used RE-12.5 zoning as a buffer between larger and smaller lots because of the ability to have an animal. Mayor Pro Tem Orton commented that the request is consistent with what the City has been working on for two years and the applicants are within their rights to request this zoning. Mr. Nicholson explained that the trail will be on the east side of 3000 East where it has been planned for a number of years. St. George City Council Minutes November 1, 2007 Page Nine Council Member Gardner commented that the ditch will have to be covered over in order to use it as a trail. He stated his concern was in the interim if there was any usability for equestrians until the ditch was covered over. Mr. Nicholson commented that the Planning Commission felt acre lots would be inefficient and nothing more than sprawl and would not end up with attractive results. Mayor Pro Tem Orton commented that he happened to be in Mr. Nicholson?s office when Mrs. Eardley came in and she was agreeable with everything and staff helped with the design. RE-12.5 zoning has been used as a buffer in many areas. Council Member Allen inquired as to the reason the open area is planned next to the road rather than next to the Willards. Mayor Pro Tem Orton replied that it is a narrow piece of property and he did not know how else it could fit. Mr. Nicholson replied that the applicant planned their equestrian facilities where a majority are already located. Council Member Allen commented that across the street from Judd Palmer will be open space. Council Member Gardner advised that the base density in the area is two units per acre which equates to half-acre lots. The City has also allowed a density bonus as long as there is dedicated open space. In this case it is a small parcel and that open space is the equestrian facilities to be used by everyone in the subdivision. City Manager Gary Esplin commented in this case the applicant is asking for 2.05 units per acre, and in his opinion, the applicants have gone beyond what is required by the City by dedicating 15% in open space and a 20' trail easement. Council Member Gardner commented that he understood the Willard?s position. Mayor Pro Tem Orton commented that RE-12.5 zoning is still an AG zone and acts as a buffer. Council Member Gardner inquired if all the stalls could be located in the common area. City Attorney Shawn Guzman replied that if the lots are structured such that they share the common area, all the stalls could be placed in that common area. Mayor Pro Tem Orton advised that he would be voting. MOTION: A motion was made by Council Member Whatcott to approve the zone change. SECOND: The motion was seconded by Council Member Allen. Council Member Gardner inquired if a development agreement would be required in addition to the zone change. City Manager Gary Esplin replied that a development would be required. Community Development Director Bob Nicholson advised that a note would also be placed on the plat. City Manager Gary Esplin advised that a note on the plat or a development agreement is needed showing what will be built in order to get the extra density of 2.05 units per acre. City Attorney Shawn Guzman advised that a development agreement was preferable. St. George City Council Minutes November 1, 2007 Page Ten AMENDED MOTION: Council Member Whatcott amended his motion to include the provision that a development agreement with the applicants must be executed. SECOND: Council Member Allen seconded the motion. City Manager Gary Esplin advised that the development agreement would be brought to the City Council for approval with the preliminary plat. VOTE: Mayor Pro Tem Orton called for a roll call vote, as follows: Council Member Whatcott - aye Council Member Allen - aye Council Member Bunker - aye Council Member Gardner - aye Mayor Pro Tem Orton - aye The vote was unanimous and the motion carried. PUBLIC HEARING/ZONE CHANGE/ORDINANCE: Public hearing to consider approval of a zone change from A-1 to PD Commercial on 49.3 acres located in the Little Valley area at approximately 3000 South and 1870 East between the Ft. Pierce Wash and Horsemans Park. Bryce Christensen, applicant. Community Development Director Bob Nicholson advised the property is zoned A-1. The General Plan shows the area as Open Space due to the flood plain area. The most recent FEMA maps shrunk the flood plain boundary, and there is a new flood plain and erosion hazard boundary map. The Ft. Pierce Wash has been the dividing line between manufacturing and industrial and agricultural or residential on the east side. The request was heard by the Planning Commission three weeks ago and the Planning Commission recommended the property within the erosion hazard boundary not contain any structures. The applicant is proposing two different PD Commercial zones. The north end will be a retail nursery use and outside plant storage. Further south near the intersection with Horsemans Park he is proposing neighborhood commercial uses listed in the applicant?s text. Further to the south is a series of proposed uses which fall within the category of commercial or light industrial uses. The Planning Commission reviewed the list of uses and deleted a number of them, and the applicant concurred. A letter went out to the neighbors showing the deleted uses. The applicant is proposing to relocate his truck yard and gravel operation further south. The truck yard and gravel operation are operating under a conditional use permit with a ten year plan to remove the gravel. That conditional use permit has expired and the applicant is now trying to get some permanent zoning in place. He is proposing a 15' trail easement along the wash as part of the City?s master trail plan, which coincides with the floodway line. The Planning Commission recommends approval subject to the deleted uses and no permanent structures within the erosion hazard boundary. There could, however, be uses such as storage that do not entail a permanent structure. Council Member Whatcott requested a definition of ?truck terminal?. He inquired what the use was now. He stated the last thing the City wanted was another Flying J in this location. Mr. Nicholson replied that the applicant?s intent is to continue the operation he now has. Council Member Whatcott requested that the definition of ?truck terminal? be refined. Mr. Nicholson replied he would narrow down the definition to ?private?. Council Member Allen suggested that metal fabrication and welding shop both be limited to indoors only. St. George City Council Minutes November 1, 2007 Page Eleven Jeff Mathis, MRW Design, representing the applicant, stated the proposed plan is a great way to provide a buffer. The current A-1 zone allows a cattle feed yard or pig feeding lot. The proposed PD zone will allow the residents to see exactly what will be there and have the opportunity for input. By having two zones, everything the applicant does would be adjacent to Horsemans on the east and the existing gravel yard on the west. The property is bounded on the west and south by M-1 zoning and the north portion is the only portion where it touches a residential zone. Mayor McArthur opened the public hearing. He asked each person wishing to speak to limit their comments to three minutes and to not repeat what others have said. The City Council has been studying this issue for a long time and is aware of most of the concerns. Bill Frazier advised that no one lives closer to the project than he does. He moved here a few years ago and loves it. He loves Little Valley, and Bryce is a good guy. However, this is the wrong plan for Little Valley. The City is growing, and while many hate that, it is a great place and many people want to live here. Because of the airport this area will be one of the first places that visitors see and it must be responsibly zoned. It will be a prime inlet into the City. The plan as proposed does not provide an encompassing plan but a mish mash of 50 potential uses. This change does not bind subsequent owners and opens it up for future development or sale of the land. He stated he was not against growth but wanted the area responsibly planned. He advised he moved from Southern California because he was tired of the smog and was surprised that his oldest son has now developed respiratory problems. His disabled father had to leave the area. His father?s oxygen filters, which are supposed to last 90 days, had to be changed every 20 days because the area is so dusty. He again stated this is the wrong plan and not specific enough. He suggested the matter be remanded to the Planning Commission to make the plan more specific. The current plan does not provide what the Little Valley area needs with regard to aesthetics. Susan Frazier advised she represented several member of the Knolls community and Meadow Valley. The baseball fields are not useable by the residents in the area but they generate great revenue for the City. A park has been planned with no projected completion date. There are two new schools in the area and over 600 homes and Quality Construction is causing pollution with their asphalt trucks and never cover their loads. Bryce always covers his loads. PCI is in the business of tearing down mountainsides. She advised that everyone moved here knowing industries were located around them. She inquired about the current master plan for Little Valley and asked if the City Council could make up their minds. She stated there was a huge conflict of interest. She asked for simple, accurate and honest clarification of the master plan. She commented that the City has not been completely honest with the residents in this area. The lives and health of 2500 people are being impacted by the decisions being made. She stated she researched and learned that Quality was given permission as long as they disclosed, but they have not. Some residents were told there would be a golf course behind their homes. Many met with Bryce and worked through most of the zoning issues. He has been cooperative in covering his trucks and in dust control. She stated she agreed that Bryce should be able to continue his existing operation if his facility would not change and there would be no new trucks and he agreed to the list of deleted businesses. However, the Star Nursery site would be a gravel storage yard. She stated that one of the bigger issues is PCI?s destruction of the mountainside and pollutants and continued operation with extension permits and no license. She stated there are new asthma cases in the Knolls. Mayor Pro Tem asked Ms. Frazier to please keep her comments to three minutes. Ms. Frazier continued that air quality, safety and congestion are major concerns. Mayor Pro Tem Orton asked the audience to please refrain from applauding and stated that comments should be kept to the matter at hand. The City will not be able to solve all the concerns in Little Valley, and this public hearing is for a zone change for Bryce Christensen. St. George City Council Minutes November 1, 2007 Page Twelve Jeff Frazier inquired of Bryce Christensen the depth and dimensions of his pit. Mr. Christensen replied the pit is 60 feet deep and 4 acres wide. Jeff Frazier commented that while he was not opposed to commercial, and Bryce has a right to develop his land, everything on the west side of the wash is industrial and the other side is a planned community. If the conditional use permit has expired, he suggested that the hole be filled up and Mr. Christensen be allowed to develop something commercial, but something that goes with the rest of the neighborhood and not a misplaced mining pit. Council Member Allen commented that the area is a mining pit because that is where the gravel is located. Council Member Whatcott advised that gravel extractors in this area have been mining long before nearby residential developments were built. When the mining is complete, the applicant will be required to fill in the hole. Jeff Frazier inquired how much longer the pit would be mined. Council Member Whatcott replied that when the applicant reaches clay, he will be required to fill it up and level it off. Mike McGregor commented he felt Bryce does an exceptionally good job of controlling dust and traffic and is an outstanding citizen of St. George and should be entitled to mine the rest of the material. If the City does not give him permission to mine, he can do the same thing with a grading permit. The area in question will never make a suitable place for housing of any kind because of flood plain issues. A small neighborhood commercial development is conducive to what is across the wash. Ron Tremaine, a resident of the Knolls, thanked Bryce for being a good citizen and cleaning up the situation much better than PCI. He stated what he was concerned most about was the zone change. There will be a 90' road through Mr. Christensen?s property all the way from Horsemans Park. The road concerns him more than the mining operation and will create many trucks on the road feeding into the Knolls and onto River Road. This will create a lot of congestion next to the schools and soccer fields and is a concern for the children living in the area. Residents have not been apprised of the road and have not been told of the Planning Commission?s intent with regard to the zoning issue. This was done without the residents of the Knolls being told. He asked the City Council to consider the needs of the Knolls as discussed. Mayor Pro Tem Orton advised that there has been a master planned road there for many years. Community Development Director Bob Nicholson explained that the road has been on the Road Master Plan for ten years or so. It parallels the Horsemans Park property and continues south. It parallels the Ft. Pierce Wash and intersects with a major road that runs east and west and will take traffic off Horsemans Park road. The road will take a portion of Bryce?s property. It will be a 90' four lane roadway. The City?s policy is to send a letter to residents within 500 feet of the zone change, and this is why not all residents of the Knolls knew about the Planning Commission hearing. It was suggested to the Planning Commission that they could continue the public hearing, but they felt comfortable so they moved forward. The City notices all public hearings and does not try to keep them secret. Mayor Pro Tem Orton commented that the City is not required to send letters to residents within 500' of a zone change, but does so as a courtesy and to try and get the message out. Paul Iverson commented there seemed to be a consensus that the residents do not want the road, but he is for the road. It makes a natural divider and makes the proposed zoning very natural. He stated he would welcome some commercial in that area so he St. George City Council Minutes November 1, 2007 Page Thirteen does not have to travel so far to get something. He stated he was in favor of the proposal. Cliff Ames, a resident of the Knolls, advised he has lived there for two to two and a half years and its is a great place to live. The biggest problem in t he area is there are soccer fields, parks, and two schools intermixed with big trucks. The entire area needs to be master planned. Bryce is the best neighbor the area can have, and his trucks are covered and clean and he does a heck of a good job. But this does not mean the trucks will not run over children. He suggested the City Council take a look at what is already there and do a master plan that makes sense. He suggested the City Council grant Mr. Christensen a conditional use permit until the problem gets solved. Council Member Bunker commented that the City does have a master plan for the Little Valley area. The gravel pit has been there for the a long time, and is suddenly clashing with what has been built. Mr. Ames commented that big trucks and little kids on bikes are going up and down the same roads. Mayor Pro Tem Orton replied this problem is not just limited to Little Valley but is in every neighborhood due to the population growth. Shauna Ceralinen commented that the corner where the four lane road is proposed is very dangerous. Her second to the oldest child just got her drivers license and she does not want her to turn left onto River Road. She advised that a large truck just about clipped her at this location. She stated it was crazy to bring more traffic there on the turn and it needs to be straightened out. With regard to air quality, she jogs every morning and as she goes along Horsemans Parkway, she has to literally duck if a big truck is coming because so much dirt is blown into her face. She stated she was not blaming Bryce. She stated the quality of the air could be seen from anywhere in St. George. She stated she would appreciate it if the City would help protect the area children. Mayor Pro Tem Orton clarified that the road is a master planned road and that is not going to change. City Manager Gary Esplin commented that the City spent two and a half years on the master plan, and if there are traffic problems, additional roads must be built. The master plan shows a 90' road through this area to serve future development in the area. When it is built next to Bryce, there will have to be a traffic signal on River Road at the intersection when warranted. Council Member Allen commented that the new road would pull traffic away from the schools and neighborhoods. Council Member Gardner commented that the road will go both ways, north and south. With regard to master plan connectivity, there will be master planned trails so the children do not have to use the busy roads. City Manager Gary Esplin commented that the park will be out to bid within the next 30-45 days. The first phase will include the park and soccer complex and is being built for the needs of the community only and to accommodate kids in the City?s soccer program. It will not be used for tournaments. There will be a trail that ties into the new school. Council Member Gardner inquired how the trail would tie into the subdivision. City Manager Gary Esplin replied that the City owns the property on the north side of the road, and there might be connection in-between some of the lots. There is supposed to be an easement that allows it to come down from the subdivision. St. George City Council Minutes November 1, 2007 Page Fourteen Council Member Gardner commented that the concerns of the neighborhood are legitimate, and if a little stretch of connectivity to the subdivision has not been included, the City may need to take a look at that design. City Manager Gary Esplin commented that the trail is being designed as part of the development of the park. The first phase uses up the entire budget. As part of the second phase perhaps staff can figure out how to connect the second phase to the first. Council Member Gardner commented that this connectivity was critical. Community Development Director Bob Nicholson commented that there are not very many north south roads. The nearest is Little Valley Road and it is only two lanes with homes fronting it. There is no opportunity to expand it. This proposed four lane road is very needed, as there are no other four lane roads until 3000 East. Council Member Whatcott commented the problem right now is not located in the zone change area, but north of it from River Road to Horsemans Park Road as the children go to school. This area will be a problem as long as there are trucks there unless a sidewalk is built with a buffer so that the children can ride their bikes. That is the issue and it will get worse as the area develops. The City needs to seriously take a look at this. A stipulation needs to be made that Bryce will put this in when he develops, or the City should put it in now. Council Member Gardner commented that this is a legitimate concern of the neighborhood. Perhaps the City needs to change its priorities and get it done. Council Member Allen stated that she has received several phone calls and e-mails from parents validly concerned about their children and the lack of sidewalks. City Manager Gary Esplin commented that if the City Council feels strongly about it, the trail could be extended as part of the first phase of the park and soccer complex. Council Member Whatcott commented that while this is a totally separate issue from the zone change, it needs to be addressed. Council Member Gardner commented that everyone is concerned about air quality. The City has tried to obtain more construction water in the area and Bill Swensen has been policing the area regularly to make sure those involved meet guidelines. Bryce has gone above and beyond what is required to meet those guidelines, and most of the others have too, but it is a hard thing to monitor 24 hours a day, and any time there is an extended dry season, it gets worse. He stated he did not know all the answers, but staff is working closely with those doing the excavation to solicit their cooperation, and they have been willing. City Manager Gary Esplin advised that the dust control ordinance will be on the next City Council agenda. Staff has been working on it for the past six months trying to put some teeth into it so they can cite offenders. City Attorney Shawn Guzman advised it is being called the ?Fugitive Dust ordinance?. Bill Swensen commented that the concerns of the citizens are a reality and the City is doing something about it. The ordinance will be on the agenda in two weeks. It is very thorough and has teeth which the City will use if necessary. The contractors have been responding. The ordinance is supported by contractors, citizens and the public employees around the County. PCI is on board as well as Sunroc, Western, and Bryce. As a result of the ordinance residents will see a dramatic improvement in the Little Valley area. City Attorney Shawn Guzman advised that the ordinance will apply to contractors grading throughout the community, not just in the Little Valley area. St. George City Council Minutes November 1, 2007 Page Fifteen Council Member Allen commented that the air quality problems in southern Utah, according to the EPA, are caused by dust. Council Member Gardner commented that he has tried to see where the dust is coming from, and some of it is coming from Arizona where there is a mine just across the border. Also dirt gets moved by the wind, and this is a common problem for all, not just Little Valley. Council Member Bunker inquired if the new ordinance addressed covered loads. Mr. Swensen replied that it did. All loads will be covered excluding hot asphalt and large boulders. Council Member Whatcott commented that he hoped the ordinance would make a difference, but without question, the Little Valley area has the most dust of anyone. City Attorney Shawn Guzman commented that the hours of operation will also be regulated. Bill Swensen commented the ordinance requires the use of water for prewatering before there is a dust problem. Community Development Director Bob Nicholson explained how a PD zone works, and that when the actual buildings are proposed, the public will have a chance to look at them and the elevations and site plan. Tonight the applicant is requesting approval for uses. Mayor Pro Tem Orton explained that each time something is proposed in a PD project, the City Council will see it. Council Member Allen commented that the PD zone approval runs with the land, and even if the land were sold, it would still be zoned PD Commercial and the neighbors would have the opportunity to see everything proposed. The City also now asks for a materials board so the City Council can see even the materials used on the buildings. Mayor Pro Tem Orton stated that in fairness to the applicant, the discussion should focus on the applicant?s request. Rod Ohlwiler, a resident of the Knolls and real estate broker, commented that he was familiar with the zoning but his concern is how it affects the surrounding master plan. Mr. Christensen?s conditional use permit has expired, and if the City allows him to continue for the time being until he is at the stage where he is ready to fill in the pit, then he would be ready at that time to request commercial zoning. He stated he did not understand the hurry to have commercial zoning as long as he is still mining the gravel pit. Bryce Christensen, applicant, advised he has been operating his mining operation long before the Knolls was there. He has been working on this plan for seven years. Mr. Ohlwiler stated he was not opposed to a nursery with plants. Mr. Christensen advised that the nursery is proposing to put in a landscape yard with landscape rocks, just like the landscape rocks residents of the Knolls have purchased from him. Community Development Director Bob Nicholson commented that the property is zoned A-1 and conditional uses relate directly to some sort of agricultural commercial use. If just plant storage were proposed, it would fit in the A-1 zone. But because a retail store is wanted, this is where it transitions into commercial. St. George City Council Minutes November 1, 2007 Page Sixteen Council Member Gardner commented that the zone change made a lot of sense, and allowing an extension of the conditional use permit would not change anything. The only way to solve the issues with connectivity and dust control is with the zone change. Mr. Nicholson advised that greenhouses and plant nurseries are allowed in the A-1 zone, but not retail sales. Mayor Pro Tem Orton again reminded that the issue at hand is the zone change. An unidentified man from the audience commented that rock storage would create more big truck traffic. City Attorney Shawn Guzman reminded audience members that for recording purposes it would be helpful if one person was recognized by the Mayor Pro Tem before speaking. Cheryl Brandt stated she could not understand how the City Council could make a decision when they had no idea what the applicant wanted to put in. She asked if the list could be narrowed to the top five. Mayor Pro Tem Orton replied that the commercial zone had to be in place before the applicant can make application for anything. The City Council cannot approve a zone change based on what will be there. Council Member Whatcott explained the difference between commercial and PD zoning. Tim Stewart stated he felt the cart was being put before the horse. He stated the zone change should be tabled until the issue of Horseman Park Road and River Road is dealt with and the bridge is finished, the light is in and traffic is not increased there. Approving the zone change will increase traffic, and everyone has had a close call there with a truck or someone coming over the bridge that they can?t see. It is irresponsible to approve the zone change when traffic has not been addressed. Also, ten years ago when Mr. Christensen was given the conditional use permit, it was temporary and had an expiration date because the City knew residential was coming in. Residential and mining are like oil and water and do not mix. He stated he could understand putting in a buffer, and he would like to work with Bryce to do that, but until the traffic issues are solved, the zone change would be irresponsible. Council Member Whatcott commented that it is the developer who puts in the changes, and in order to do that he has to have the zone. The problem, however, needs to be solved before additional traffic is allowed. Council Member Gardner inquired when a light at this location would be installed. Public Works Director Larry Bulloch replied that right now a signal is not warranted. Council Member Allen inquired how a warrant was determined. Mr. Bulloch replied that a warrant is established by national standards, and each intersection is evaluated based on conditions to determine what is the best thing to provide for traffic flow. The City monitors all of the major intersections regularly to see if a signal is the right solution. This location does not warrant a signal, but this does not mean it won?t warrant one in the future. The bridge is in transition and will be removed someday. In the meantime another bridge has been provided traffic purposes and as an upgrade is needed, the old one will come out and the new one will match the elevation of the higher structure. Council Member Gardner inquired if visibility would be improved. Mr. Bulloch replied that staff could look at that. Council Member Allen inquired where the bridge replacement was on the priority list. St. George City Council Minutes November 1, 2007 Page Seventeen Mr. Bulloch replied that it is not programmed for the immediate future. It is a multi-million dollar project, and priorities right now are the Southern Parkway and Bluff Street and Dixie Drive interchanges. Council Member Whatcott commented that the bridge should be a top priority in order to make this corner safer. City Manager Gary Esplin commented that a national standard warrant must be met so cities can defend themselves if there are problems. Safety is another issue, however, and maybe in this case a light should be installed before the warrant is met. Council Member Gardner commented that the safety issue at this corner is unique because of the number of trucks and the alignment. City Manager Gary Esplin commented that he was not sure the proposed zone change would increase truck traffic. Council Member Gardner commented that an issue has been brought forth that the City needs to be sensitive to and it should give a signal back to the neighborhood that it is willing to address the problem. Council Member Whatcott stated that the zone change could increase truck traffic, but at that point Bryce would have to eliminate that problem before he was allowed to develop in that zone. Without the zone change the problem never gets fixed nor would the City have access to financial help from Bryce. City Attorney Shawn Guzman advised that the City does not require a traffic study for a zone change. A traffic study is done when a project is proposed and is paid for by the applicant, and in a case like this would include either participation or installing the traffic light. Jim Able, a resident of the Knolls, commented that if the zone change is allowed it will be like letting the genie out of the bottle. If the applicant comes back and the proposed project fits the guidelines, it is much tougher to say no than if the City were to hold off on the zone change now. The entire road is an unfinished project and from a priority standpoint seems better to delay any decision now and allow some issues to be worked through rather than passing the decision to a future City Council since the make-up of the City Council will change at the beginning of the year. He stated he felt the applicant was trying to rush the zone change through with the current City Council. Council Member Gardner commented that the problems already existing are independent of what happens with the zone change. Mike McGregor stated he would like to comment on the contention about what constitutes a rock pit for decorative rock. There are a lot of them around town and they are basically piles of gravel or contained cement areas with specialized gravel. They are not obnoxious in any way; they create no traffic, no dust, are innocuous and almost look like vacant property in activity and in storage. Elizabeth Able suggested the matter be tabled for now. She stated the property should remain as is. She expressed concern about the safety of kids riding their bikes. She recommended the Bryce?s conditional use permit be extended. She stated her father had a sand and gravel pit and heavy equipment, and Bryce is careful. However, she is concerned about the buses and kids and trucks. She suggested a culvert be put in across the river by Desert Sands by the sewer for access into the industrial park. This would completely alleviate all truck traffic on the road. Lubelle Riley expressed concern with the diesel fumes in the area, especially in the morning. Bryce Christensen, applicant, advised that Sunroc has a couple hundred trucks, and he has 16. His trucks are fairly new and are electronic and the emissions cannot be seen. St. George City Council Minutes November 1, 2007 Page Eighteen Sunroc starts their operation at 3:00 in the morning. The proposed road is master planned and roads are needed. The EPA regulates air quality and they visited him a few months ago and gave him an ?A?. Lanie Barton commented her concern is with the kids and adding more trucks onto the road. To rezone the property would be asking for more trouble. Alice Gardner commented she is concerned about the safety of the road, and the master plan should be looked at to see if another road could direct traffic away from River Road and the entrance to the neighborhood. She stated she was against the zone change and the area should be kept residential. Community Development Director Bob Nicholson advised the applicant proposes a nursery, neighborhood commercial, and the lower 30 acres with heavier uses. In addition to his yard there could be other contractor shops. Council Member Whatcott commented that the infrastructure has to be in in order to accommodate the additional trucks. If the City continues to do as it has always done, the developer builds the road. There is no reason to leave the area zoned AG-1 because the road will never get built otherwise. Changing the zone does not mean instant trucks. If the applicant wants to use the property for PD Commecial, the infrastructure has to be put in place before that can happen. Marcy Welch advised that she works for Bryce Christensen. She said they try hard every day to make the drivers be good and do everything the City wants them to do. It is not just Bryce?s trucks that are causing a problem at the intersection. River Road is a main road and the problem will still be there long after they are gone. Once the new road is built, the trucks won?t be there anymore. There being no further public comment, Mayor Pro Tem Orton closed the public hearing. Council Member Bunker commented that some of the uses proposed for the southern portion concern her. She stated she liked the plan for the northern park and the nursery. She inquired if it would be possible to make a motion to approve a portion of the plan and leave the other for more evaluation. City Manager Gary Esplin advised that the City Council has the right to approve uses and eliminate any that are offensive. Council Member Gardner advised that in a PD the applicant has to have specific approval for whatever is brought in. City Manager Gary Esplin commented that the City Council has to approve the uses as they come in, but the requirements for that approval at that point are different. If the City Council now has any problems with uses, they should eliminate them. Community Development Director Bob Nicholson read the proposed uses and those eliminated by the Planning Commission. Denny Torres advised he lived behind Horseman Park Road. His concern is with the truck traffic and noise and trucks blowing smog into his backyard. Addressing Mayor Pro Tem Orton, Mr. Torres said he had no respect for him and that Mayor Pro Tem Orton didn?t care about the residents? concerns. Mayor Pro Tem Orton called for a break. Upon conclusion of the break, the meeting resumed. Council Member Bunker commented she did not have a problem with the nursery if the decorative rock were eliminated. St. George City Council Minutes November 1, 2007 Page Nineteen Council Member Gardner commented that Mr. Christensen is not opposed to coming back to the City Council any time there is a proposed use, and he is not concerned with entitlement of the list. Community Development Director Bob Nicholson advised the purpose of the PD zone is to know the uses and the City Council would be granting some degree of entitlement to the proposed uses. The question is if the City Council is comfortable with the list of uses. The applicant will have to show building elevations, but if approved, the contractor yard is on the approved list of uses. Council Member Bunker commented that she had a problem with a lot of the uses and wondered if it would be better to approve some and have a work meeting to discuss what it is the City wants in this area. City Manager Gary Esplin advised there were a few alternatives. If the City Council is comfortable with zoning on the north end, it could approve the PD zone and include in the lower portion only those uses Mr. Christensen would need to continue his operation, and allow other uses in the lower portion to come back at a later time. That way the applicant would have the ability to continue his gravel, sand and trucking operation. No other businesses would be allowed to go in until he gets through extracting all the gravel. Mr. Christensen commented that this would work for him. Mayor Pro Tem Orton commented that on break he was made aware of concerns about other uses being put in right now. No business would be allowed to go in in any portion until all the improvements were made, including road, sewer and everything else the City requires to be in place. City Manager Gary Esplin explained that if for instance a storage facility wanted to be located there, that use would be looked at with regard to the impact on infrastructure. A full road may not be required - it would be based on the individual business and effect on the situation as it currently exists. Surely the City Council would not approve anything else there until there is another road. An improved asphalt road is needed. The City does not allow access to businesses on dirt roads. Council Member Gardner stated that as a property owner Mr. Christensen is legitimately making a request. The City Council has visited the site a number of times and has heard the concerns of the neighborhood which are legitimate. It is obvious there is a huge dust issue and the City is addressing it. The neighborhood is concerned about traffic and kids on the road at the same time. If City property can solve the problem, the City should move forward with a plan for connectivity immediately and direct staff to do that from the entrance of the Knolls to the south where the school will be. Connectivity should be made a part of Phase One of the park to help solve this problem immediately. The City will look at a light and the bridge. Because of the uniqueness of the trucks and schools and that intersection, the bridge needs to be looked at, and the City will respond to this. MOTION: A motion was made by Council Member Gardner to grant the zone change, indicating that it complies with the City?s long term master plan, and is an appropriate use for the specific property. When the road is built it will become more evident that it is the right use and will help solve problems and identify the eventual use of the property. He clarified that the lower portion of the property from the dark line south would remain in the use that Bryce Christensen Excavating is doing right now and any other use would have to be approved in the years to come. This provides opportunity for retail on the northern piece. SECOND: The motion was seconded by Council Member Allen. Community Development Director Bob Nicholson clarified that Mr. Christensen?s present use of the property includes gravel extraction, a truck yard, and truck repair shop. St. George City Council Minutes November 1, 2007 Page Twenty Council Member Gardner inquired of Mr. Christensen if he repaired his trucks on site. Mayor Pro Tem Orton commented that Mr. Christensen could do no more than he was doing now. Mr. Christensen verified that he repaired his trucks on site. Council Member Gardner commented he did not find that use offensive, but consistent with the present uses. Mr. Nicholson clarified that the allowed uses would be for gravel extraction, a truck yard, and servicing of Mr. Christensen?s own fleet. Council Member Bunker inquired if Council Member Gardner?s motion approved all the uses listed for the northern portion, including a nursery with landscape rock. Council Member Gardner clarified that it did. Council Member Whatcott commented that the problem is that one business alone does not require the additional road improvements, or the stop light at River Road, or the bridge to be reconfigured so that the concrete barriers do not block the line of sight. If this is done individually, the improvements will never get to where they need to be, but cumulatively they do. He stated he agreed with the concept and is in favor of the zone change, but is worried about the mechanics of making it work. Council Member Allen commented that staff has now been instructed to look at the traffic problem with the bridge. Council Member Gardner commented that his understanding of how this will work is that the suggested use will not add to the number of trucks and would be very minimal. If the City did nothing, there would still be a problem. The City needs to step up and look to see what it can do to resolve the problems. He stated he did not think the City could impose the solution totally on a zone change. City Manager Gary Esplin clarified that the City can only require what the applicant?s business is required to improve. As an example, he stated the first, second and third businesses would not be required to make improvements, but when the fourth business came in, the threshold would be met and the fourth business would then have to pay for everything. He stated that if Star Nursery located here, under the current motion, they would have to present their plans, elevations, layout, materials, etc. for approval before they could begin building. There would also have to be an engineering site analysis, traffic study, and they would have to pay for a portion of what they add to the problem. Council Member Whatcott commented that in a PD, the City has the right to impose restrictions. City Attorney Shawn Guzman clarified that for a parcel within a PD zone to be developed, the City can require the plan for the entire parcel to see where the buildings will be located. If the applicant wants a change later on, he would have to come back to the City Council and show the change. The City also approves the uses within the PD zone. A preliminary traffic study could be done based on the entire piece, but this is something the City has not done before. Or a development agreement can be used. Council Member Whatcott commented that the problem is the Knolls. He inquired who owned the property from the back walls and if they were required to put in a trail on that side of the road or a sidewalk because they owned the property. In order to get the infrastructure in and eliminate safety issues, a PD zone gives the City the ability to make sure it is right when the development goes in. St. George City Council Minutes November 1, 2007 Page Twenty One Council Member Allen expressed concern with the zone change if it did not include improvements for the businesses. A conditional use permit is different than a zone change. There is already an existing business and the improvements should go in. City Attorney Shawn Guzman advised that Mr. Christensen?s use of the property was pre-existing. Council Member Allen commented that his use was through a conditional use permit. She commented that if Mr. Christensen continued the existing use of his property for another 20 years, this would mean the road would not get improved for 20 years. City Attorney Shawn Guzman replied that unless he changed some aspect of the business, this would be correct. What he is doing now does not trigger the City?s ability to make him complete the roadway or to provide funds to help. Community Development Director Bob Nicholson explained that the conditional use permit has expired. The truck facility there now will move to the south, so a new application is required. Mr. Christensen stated that he was not going to move the truck facility. City Manager Gary Esplin commented that the conditional use has expired, but the City at some time agreed with his phasing and use of the property before there were any adjacent homes. To say that the applicant doesn?t have the right to be there is not fair to the original intent. City Attorney Shawn Guzman stated he disagreed with Bob Nicholson and that if Mr. Christensen continued what he is doing now, this would not trigger the City?s ability to say it wants a traffic study and require offsite improvements. Council Member Gardner commented that a lot of time and money has been wasted on traffic studies just to find out that improvements are not justified. Perhaps a small contribution would be appropriate after some calculation is made and the applicant is willing to address the issue. If it needs to be tweaked in a work meeting, he stated he would be willing to table the matter. Council Member Allen commented that in her mind the road should be finished. Bryce Christensen, applicant, commented that the frontage road goes nowhere. He stated he would participate when the time comes which is when the population warrants the road. Council Member Allen inquired about the intersection on River Road. Mr. Christensen replied that the City has a development agreement with Quality to finish the road to his property. The dirt has been dug out and cut back into the wash. He stated he felt the road should be three to four feet higher to protect homes and property to the north. When the nursery is put in, he will develop the frontage for the nursery. He stated the frontage road would have nowhere to go until there is development to the south. Council Member Allen inquired about completion of Horsemans Park Road. City Manager Gary Esplin replied that maybe the City could finish it to solve the concern about it. Bryce just wants to operate like he is now and perhaps the northern portion could be approved with a development agreement. The City Council could also grant a conditional use permit for as long as he is operating today on the south portion but indicate that when the road goes somewhere to the south, and the eventual plan is to take it to Commerce Drive, Bryce would agree to dedicate and improve his portion at that time. A conditional use permit would allow his existing uses until the gravel is gone. He recommended that the City Council proceed with the zone change on the northern portion of the property along with approval of the proposed uses, but when it is St. George City Council Minutes November 1, 2007 Page Twenty Two developed Mr. Christensen will have to come to the City for a development agreement to address the improvements. Council Member Gardner clarified that a development agreement would not be needed until Mr. Christensen came in with a proposed development on the northern portion. City Manager Gary Esplin recommended that the applicant?s current operation should be allowed through a conditional use permit to continue the gravel extraction and existing uses until the gravel is gone. Part of the conditional use permit would be that the applicant agrees to dedicate and improve his frontage along the main road when the road goes somewhere to the south, or is needed by the City. AMENDED MOTION: Council Member Gardner amended his previous motion to grant the zone change on the northern piece of property. When a use is proposed, a development agreement will identify what improvements need to go in at that time. The lighter shaded area is approved for a conditional use permit with a development agreement that says when the property is improved or the City needs the road further to the south, at that point in time the property would participate in development of the road. City Attorney Shawn Guzman clarified that the lighter shaded area referred to is on the zone change exhibit map dated November 1, 2007. SECOND: The motion was seconded by Council Member Allen. VOTE: Mayor Pro Tem Orton called for a roll call vote, as follows: Council Member Gardner - aye Council Member Allen - aye Council Member Bunker - aye Council Member Whatcott - aye Mayor Pro Tem Orton - aye The vote was unanimous and the motion carried. Council Member Allen commended the audience on its patience. She stated that Mr. Torres? remark was very uncalled for and embarrassing to the group. Mayor Pro Tem Orton commented that this City Council has worked and sweated over Little Valley more than any other area of the City and has done what?s best for the whole community in St. George. PUBLIC HEARING/RESOLUTION: Public hearing to consider amendments to the fiscal year 2007-2008 budget for the City of St. George. City Manager Gary Esplin recommended adjustments to the budget based on the salary market survey. Mayor Pro Tem Orton opened the public hearing. There being no public comment, he closed the public hearing. City Manager Gary Esplin explained that the salary survey uses 26 cities with a population of 25,000 or more and uses some counties where there are no similar positions. Special districts are used for fire and water positions. The average increase is 4.5%. Council Member Allen commented that the City budgeted $600,000 for salary adjustments. City Manager Gary Esplin stated that the cost went up more than anticipated. St. George City Council Minutes November 1, 2007 Page Twenty Three Council Member Allen commented that the City does a salary survey and adjusts salaries every year, not just this year. MOTION: A motion was made by Council Member Gardner to approve the resolution. SECOND: The motion was seconded by Council Member Bunker. VOTE: Mayor Pro Tem Orton called for a roll call vote, as follows: Council Member Gardner - aye Council Member Bunker - aye Council Member Whatcott - aye Council Member Allen - aye Mayor Pro Tem Orton - aye The vote was unanimous and the motion carried. CONDITIONAL USE PERMIT: Consider approval of a conditional use permit to establish a car wash in a C-1 zone located at the southwest corner of Ft. Pierce Drive and River Road. Jeff Morby, applicant. City Planner Ray Snyder explained that the applicant?s original request was for a zone change to PD, but was withdrawn. They instead submitted a request to amend the City Code by adding car washes in the C-1 zone with a conditional use permit. The applicant has spent a lot of time working on the driveway locations. There are no driveways on Ft. Pierce. The City Traffic Engineer is in support of the proposal for a right-in right-out only. The Planning Commission recommends approval subject to the following conditions: (1) Install two speed bumps on the east side of the building to discourage traffic passing through the property to use as a short cut to River Road and bypass the signalized intersection of River Road and Ft. Pierce Drive. (2) Install additional landscaping on the south wall between this commercial site and adjoining residential property. Create tree canopies that intermingle. (3) Install a right-in and right-out only driveway on River Road. (4) The hours of operation shall be controlled to only 7:00 a.m. to 10:00 p.m. year round. (5) The site shall incorporate dark sky style lighting. A photometric plan shall be submitted during the plan check process for staff review. (6) The vacuums shall be clustered as close as possible to the landscaping on the north side of the property. Staff shall verify during the plan check process. (7) The block wall on the south side of the property between the commercial site the adjacent residential property shall meet city ordinance for walls. Staff shall verify during the plan check process. (8) The washing bays shall have plastic or vinyl sheeting. Mr. Snyder advised that two letters in opposition to the request have been received. Larry Blake, applicant, advised that he has owned the property for 15 years and has pushed the accesses as far south as possible, and agreed that there would be no access on Ft. Pierce. Also, the building was moved as far north as possible to make it fit into the area. Council Member Whatcott inquired if there was a right hand turn lane into the project from River Road. Mr. Blake replied that they have already had to push the accesses as far south as possible in order to utilize the property for anything. A right hand turn lane will not fit. They ended up with a remnant piece of property after the road went in, for which they had to give up some property. They also participated in a special improvement district. St. George City Council Minutes November 1, 2007 Page Twenty Four Council Member Whatcott commented that cars traveling 40 mph will have to stop for cars turning into the car wash. Mr. Blake replied there is the same problem with the convenience store across the street. He again advised that when they agreed with the City where the accesses would be and that there would be no access to Ft. Pierce, this is what they ended up with. Jeff Morby, applicant, explained that they have been working on this project for two years and met with Aron Baker several times on access. It is not the best, but it is about all that can be done because of their participation in the special improvement district, and allowing the City to bring a drain down took 20 feet of their property. Their intent is to be a good neighbor. The elevations are upscale, and together with the landscaping will improve the corner. Mike Call, a resident of the Sunrise View Townhomes, advised he has lived in Bloomington Hills for 23 years. The townhomes are located adjacent to the car wash. He expressed concern with turning on to Ft. Pierce Drive. He advised there is no turn lane onto 1400 East, and traffic backs up causing gridlock. It is difficult to turn left into Mr. D?s, and there is a new subdivision in the works south of Ft. Pierce. He stated he did not want the obnoxious noise from vacuums, stereos, and beeping coin machines, littering, traffic and pollution which this business will bring into a nice neighborhood. Mayor Pro Tem Orton advised that the property is zoned commercial, and the proposed use would generate less traffic than other uses. Ms. Wagoner stated the proposed project would add to the traffic and it now takes her five minutes to get out of her driveway in the morning. Mr. Call suggested the property could be used for extra parking for Mr. D?s. Mayor Pro Tem Orton replied that the applicants have a right to a commercial use. Ms. Wagoner stated there were safety issues crossing the street. Council Member Gardner commented the car wash is a conditional use in a commercial zone. There are a lot of other uses which could go in without the City Council ever seeing them. The property will be developed. Mayor Pro Tem Orton advised that the property is zoned commercial and the applicants have a right to put anything on the property that is on the list of approved commercial uses. Council Member Allen commented that a car wash seemed to be less of an impact and a better use than another convenience store, which the applicants could put there. City Manager Gary Esplin explained that there are certain uses in the commercial zone which require a conditional use permit, and certain uses which do not. If the applicants wanted to build a convenience store on the property, they could do so without City Council approval. A car wash requires a conditional use permit. City Planner Ray Snyder showed the list of commercial uses to Ms. Wagoner. Mr. Call commented his biggest concern is the loitering and after hours noise. He understands the applicants own the property and have earned the right to do what they want. Colette Bergeron commented that this corner is a death trap. She inquired if the City or applicant would be willing to pay for a big lawsuit when someone is killed there. She stated that one gentleman who could not be here this evening suggested that River Road be widened. St. George City Council Minutes November 1, 2007 Page Twenty Five Mayor Pro Tem Orton replied that the road is master planned and the applicants have met every rule placed on them by the City. They have a piece of property and have rights. Further, the traffic will not be created by this project, as the traffic is already there. Barbara Biggs, a homeowner across from Sunrise View, inquired if there would be a left turn lane onto 1400, or a stop sign coming from Ft. Pierce going east on the corner. She advised this corner is a deathtrap. She commented that with this plan, the majority of homeowners will come out into 1400 and make more traffic on that corner. She stated that the traffic study must have been done on a Sunday or at night, because Ft. Pierce is a very busy road. Council Member Gardner inquired if there was a way to have a double turn lane to go north. Mayor Pro Tem Orton replied that staff has written down this suggestion and will check on it. Council Member Whatcott commented that the area is not wide enough for a double turn lane. Elizabeth Able advised that she has lived in the area for three years. She suggested that a little median be installed off 700 South where the gas station is by Little Ceasars. She also suggested installation of a median by the golf course and widening the road a little for a turn lane. Larry Blake...

...Extended” a residential subdivision plat. Located adjacent to the Entrada Golf Course on the east side of Snow Canyon Parkway and the north side of Entrada Trail at approximately 2400 West and 3000 North. Zoned PD (Planned Development). Mr. Marc Brown with Brown Consulting Engineers is the representative. Case No. 2010-FPA-021B. Consider a final plat request for “Kachina Springs South– Amended and Extended” a residential subdivision plat. Located adjacent to the Entrada Golf Course on the east side of Snow Canyon Parkway and the south side of Entrada Trail at approximately 2400 West and 2800 North. Zoned PD (Planned Development). Mr. Marc Brown with Brown Consulting Engineers is the representative. Case No. 2010-FPA-022C. Consider a final plat request for “Kachina Springs East at Entrada – Amended and Extended” a residential subdivision plat. Located adjacent to the Entrada Golf Course on the east side of Entrada trail at approximately 2300 West and 3000 North. Zoned PD (Planned Development). Mr. Marc Brown with Brown Consulting Engineers is the representative. Case No. 2010-FPA-023PLANNING COMMISSIONDecember 21, 2010Page TwoD. Consider a final plat request for “Kachina Springs East Phase 2 – Amended and Extended” a residential subdivision plat. Located adjacent to the Entrada Golf Course on the east side of Snow Canyon Parkway and the south side of Entrada Trail at approximately 2300 West and 2800 North. Zoned PD (Planned Development). Mr. Marc Brown with Brown Consulting Engineers is the representative. Case No. 2010-FPA-024E. Consider a final plat request for “The Inns at Entrada – Amended and Extended” a residential subdivision plat. Located adjacent to the Entrada Golf Course on the west side of Snow Canyon Parkway and to the north of Entrada Trail at approximately 2600 West and 2800 North. Zoned PD (Planned Development). Mr. Marc Brown with Brown Consulting Engineers is the representative. Case No. 2010-FPA-025Wes Jenkins Development Services Manager said staff recommends that the first five final plats be taken as one motion. He read the final plats into record. The purpose of amending the final plat of Kachina Springs at Entrada is to exchange property between the Entrada at Snow Canyon Country Club and the Entrada Property Owners Association. MOTION: Commissioner Burks made a motion to recommend to City Council approval of the five final plats for Kachina Springs read into record and authorize Chairman to sign. Commissioner Hullinger seconded the motion. All voted aye.F. Consider a final plat request for “Whisper Ridge Phase 2 – Amended and Extended” a residential subdivision plat located on the north side of Indian Hills Drive at approximately 1100 West and 950 South the property is zoned R-1-10 (Single Family Residential 10,000 square feet minimum lot size). Mr. Jim Raines, Bush & Gudgell is the representative. Case No. 2010-FPA-028Wes Jenkins Development Services Manager said they are adding Lot 26 to Phase 2. It was originally going to be another phase with about 5 homes. But now they would like to change their request for a one lot home. He spoke on the hillside and said they will be disturbing less of the hillside because it will be for one home now instead of 5. He spoke on the landscaping planned for the driveway entrance to the home. A water line easement will be required for the 50 ft. drive so they can maintain a fire hydrant.Deputy City Attorney Paula informed the board that they need to be specific about abandoning the public street, which is a separate act. MOTION: Commissioner Taylor made a motion to recommend to City Council approval for Whisper Ridge Phase 2 – Amended and Extended and to include abandonment of the platted road as well as amending the subdivision for Lot 26 as shown on the plat. Commissioner Burks seconded the motion. All voted aye.PLANNING COMMISSIONDecember 21, 2010Page ThreeG. Consider a final plat request for “251 West Hilton Drive Plaza – Amended” a one (1) lot commercial subdivision plat located at 251 Hilton Drive (north of the Southgate Golf Course and west of St George Ford) the property is zoned PD (Planned D...

...also other commercial activities in Open Space zones such as the Red Hills Golf Course as a private person operates the clubhouse and concessions and makes money. This is also true of the Southgate Golf Course and the St. George Golf Course. The Jacksons are doing private recreation which is allowed. They plan to plant pasture, gravel roads and parking, install white vinyl fencing around the property, install sprinkling systems in the arena to keep the dust down and make a first rate facility. The flood left a lot of silt in the entire area and it does not work well for horses and the applicants have been trying to deal with it. However, when the wind blows, it blows the silt, whether on horse property or not. There are also ATV users who operate illegally in the area and tear up the river beds. The ACE judge found that this facility was not responsible for the increase in dust due to ATV riders and trucks going to the sewer plant and due to the wind. The Jacksons keep the property clean and do what they can to alleviate any impacts. The closest stall is 558' away from the closest home, and the ordinance requires only a 100' separation. The facility is used by 4H, Dixie High FFA, elementary schools, and even has been visited by a delegation from Ibigawa, Japan. He inquired if this kind of facility is not allowed in the Open Space zone, where it would be allowed. Council Member Whatcott commented that the horses have infringed upon the neighborhood. St. George City Council Minutes January 4, 2007 Page Five Mr. Kuhlmann replied that the horses have been there for 12 years, and before that cattle were run on that same ground. The ground upon which the subdivision was built used to be a feedyard. Council Member Orton inquired how building permits were obtained to build the barn, etc. Mr. Kuhlmann replied that a building permit is not required for a barn as it is an agriculture use. The City red tagged it but state law allows it to be built without a permit, so the red tag was lifted. City Attorney Shawn Guzman advised that the Open Space zone does allow corrals and incidental structures. Mr. Kuhlmann replied that only fences, gravel, pasture and sprinklers will be built within the floodway. City ordinance allows a private recreation facility within an Open Space zone. He inquired if the use is allowed or not, and if not, where it would be allowed within the City. City Attorney Shawn Guzman advised that the purpose of the Open Space zone is to protect the natural and scenic resources of the City. There are zones within the City which permit horses. He stated that boarding horses and providing riding lessons is a commercial activity. He stated that permitted uses within the Open Space zone allow grazing, public and private recreation facilities, parks, raising of crops, gardening, etc. Conditional uses include an airport, animals, cemeteries, golf courses, mineral and dirt extraction, utilities, schools, churches and public buildings. Commercial feed lot operations are not permitted, and the intent is not to have commercial operations. The Jacksons are able to keep horses that they own. He stated the Planning Commission determined that a public or private recreation facility is for the owner?s use only. Mayor McArthur advised that this was not a public hearing and public comment would not be taken. Council Member Bunker advised she agreed with the Planning Commission that the operation was not a permitted use and the type of business is not conducive to a neighborhood or city park and negatively impacts the area. MOTION: A motion was made by Council Member Bunker to deny the request. The motion died for lack of a second. Council Member Gardner commented it appeared to him that most of the concern is about nuisance issues, and if these issues are dealt with the use is appropriate. Council Member Bunker advised that most of the concerns expressed at the Planning Commission meeting dealt with noise, smells and flies. Council Member Allen inquired if concerns were expressed about parking or traffic. Council Member Bunker replied that there were none. Council Member Orton commented that he has horses but he agreed with Council Member Bunker. Washington County provides a great equestrian facility. He stated the homes were there before the commercial operation. Mr. Kuhlmann advised that comments at the Planning Commission meeting were about nuisances, not use issues. The ACE judge said the facility was a benefit to the community and that it was a legal and lawful use. He stated the applicants would like the City Council to make a determination if a commercial use is allowed in an Open Space zone, and if this is a private recreational facility or not, and if not, why. St. George City Council Minutes January 4, 2007 Page Six City Attorney Shawn Guzman clarified that nuisances were considered by the ACE judge, and it is not his purview to make determinations on whether the zone is appropriate for the use. The issue is if this use is allowed in this instance, then it is appropriate in every open space zone. Staff has made a determination that the use is not appropriate. Deputy City Attorney Paula Houston advised that the Planning Commission discussed the nuisance and complaints and also talked about commercial use and different types of uses that could be considered commercial. This, in their opinion, is a commercial use and does not fall under the definition of private or public recreation facility and is more in line with a big commercial activity. City Attorney Shawn Guzman stated that legal staff agrees with the Planning Commission?s interpretation. Council Member Allen commented that if this had been presented to the neighborhood during the planning stage, it may have been accepted. She inquired if the facility served mostly neighborhood kids or kids throughout the county. Council Member Orton commented that if this facility is permitted, it will have to be permitted in any Open Space zone and there could be hundreds of similar commercial operations. Council Member Gardner commented that in reality the City owned most of the open space up and down the river. Council Member Orton replied that on his side of the river all the open space is owned by individuals and there could be 25 commercial operations there. The open space across from the Bloomington Park is owned by one individual, and this would mean he could have 60-80 horses there. Council Member Gardner commented that if you took the commercial aspect out of it, zoning allows four horses per acre. Most of the open space areas up and down the river are in the flood plain and the City controls them. City Manager Gary Esplin stated that open space along the river by The Springs is privately owned on both sides of the river, as well as other places throughout the City. People are still able to use the open space behind their homes for personal use, but the applicant has gone beyond this when he changed the use to commercial. Council Member Allen inquired if a business license were required. City Attorney Shawn Guzman replied that the City would not issue a business license because the business is being conducted illegally. Community Development Director Bob Nicholson advised that Open Space makes up 25%-30% of the area of the City. City Manager Gary Esplin stated that staff?s concern is that if it is allowed here, it will happen in other places. MOTION: A motion to table the matter until the next meeting was made by Council Member Allen. SECOND The motion was seconded by Council Member Gardner. Gary Kuhlmann advised that he would be out of state on January 18, and requested the matter be continued until the first meeting in February. He also requested a public hearing. City Manager Gary Esplin advised that any public hearing should be on the issue of commercial uses in Open Space zones. St. George City Council Minutes January 4, 2007 Page Seven Council Member Gardner suggested that the City declare uses in the Open Space zones as conditional uses so the City can decide if the use fits or not and the applicant can present whether or not this use in this setting makes sense, and then deal with the nuisances and inconvenience to the neighbors while allowing an opportunity for those who want to use the facility. Council Member Allen advised that the Land Use Act now prevents a city from making a determination on conditional uses in that manner. Community Development Director Bob Nicholson advised the issue is not if horses are allowed. If the applicant?s line of thought is followed, what would prevent a private recreation facility to consist of a go cart track or driving range with lights or batting cages. This is not the intention of the Open Space zone and the Planning Commission understood that and that is why they made the determination that this use did not fit within the definition of a private recreation facility. VOTE: Mayor McArthur called for a vote as follows: Council Member Allen - aye Council Member Gardner - aye Council Member Orton - aye Council Member Bunker - no Council Member Whatcott - no The motion carried. Mayor McArthur advised that the matter would be scheduled for the February 1 City Council meeting and would not be a public hearing. Council Member Gardner commented he thought he seconded a motion to set a public hearing. Council Member Allen replied that her motion was simply to table the matter. Mayor McArthur announced that the Cottam issue on River Road was not on the agenda and will be scheduled when all necessary information is received. He then called for a five minute break. Upon conclusion of the break the meeting resumed. PUBLIC HEARING/ZONE CHANGE/ORDINANCE: Public hearing to consider a zone change from R-1-10 to PD Residential on 2.24 acres for Wailea Falls Phase 4 located west of Dixie Drive and north of the Santa Clara River. Brian McMullen, applicant. Jay Sandberg reviewed pictures of the site. He advised that Phases 1 through 4have already been approved, with Phases 1 through 3 already built. The applicant would like to add 2.24 acres to Phase 4. 106 units have been approved thus far, and the addition of 2.24 acres would add six units. The overall density of the project will not change. The City Council tabled this project in December because it wanted to look at an affordable housing component, however the developer has asked that the matter be moved forward for consideration feeling the increase in units was insignificant. Additionally, by adding the acreage to the project, the density of the project was decreased slightly. There is concern in the neighborhood about the number of units accessing one street. The applicant proposes to improve the frontage when the road is developed, but there are no immediate plans to develop it now. However, it is a prescriptive right of way and can be used as emergency access, and no second access is planned as part of this project. There is an area that can be used as a turnaround, and eventually it will be a good second access to the development. 112 homes access the development on one road. The applicants are using tuning fork accesses to the units. Staff encourages the developer to meet with the neighborhood and resolve outstanding issues with regard to landscaping, etc. St. George City Council Minutes January 4, 2007 Page Eight Rick Rosenberg, representing Stonebridge Development, explained that Wailea is a gated community and another gate is planned as part of Phase 4. The overall project density does not increase but there will be an additional six units. The applicant will also install fairly extensive rip rap as well as improve access to the City?s maintenance facility. Council Member Whatcott advised that he has received e-mails from residents concerned about the mound of dirt which is accruing. He stated that it should be cleaned up now. Mr. Rosenberg replied that the dirt has been stockpiled for use as fill material against the ledge. If the City desires, the applicant can get a permit and move the dirt immediately. The dirt has been generated from the first phases, knowing that it would be needed in later phases. He advised that the applicant will install street improvements on the City side with a turnaround and gate. City Manager Gary Esplin inquired about the ownership of the prescriptive easement for the portion which runs through Santa Clara, as the City must have access for emergency vehicles. Mr. Rosenberg replied that he would meet with the city attorneys and see if legal documents need to be drawn up or if there are rights under the prescriptive easement. He explained that the applicant has used some of the TND design standards. The units have rear-loaded garages. All roads will be built with this phase. Mayor McArthur advised that some of the residents are concerned that their rock walls are not high enough, and some yards are bare with just dirt. Mr. Rosenberg replied that Brian McMullin, the applicant, is present. He has spoken to several of the concerned residents and is willing to meet with them on site. Brian McMullin, applicant, stated they are concerned about allowing residents to walk directly to the golf course, therefore he does not want to create flat areas. He stated that he could build the rock walls higher, but he did not want to fill in dips that would allow people to walk to the golf course. City Manager Gary Esplin stated that staff?s biggest conce...

...carried.   AWARD OF BID: Consider award of bid for the purchase of golf course maintenance equipment for the Golf Division.   City Manager Esplin explained the purchases were approved in the budget although it varies on the type of equipment based on the golf course.  The total amount is slightly over the budgeted amount, but an allocation in the current budget will be reduced to compensate.   Councilmember Baca asked regarding the difference in the lawn mowers for the golf course versus the cemetery.   City Manager Esplin explained some can be used on any parks; the only specialized equipment specific to golf courses is the greens mowers.   Purchasing Manager Hood defined the equipment and the total price of $236,370.89   MOTION:      A motion was made by Councilmember Hughes to approve $236,370.89 for the purchase of Reelmaster, Groundsmaster, Multipro and Greensmaster for the golf courses.           ...

...Extended” a residential subdivision plat. Located adjacent to the Entrada Golf Course on the east side of Snow Canyon Parkway and the north side of Entrada Trail at approximately 2400 West and 3000 North. Zoned PD (Planned Development). Mr. Marc Brown with Brown Consulting Engineers is the representative. Case No. 2010-FPA-021.B. Consider a final plat request for “Kachina South– Amended and Extended” a residential subdivision plat. Located adjacent to the Entrada Golf Course on the east side of Snow Canyon Parkway and the south side of Entrada Trail at approximately 2400 West and 2800 North. Zoned PD (Planned Development). Mr. Marc Brown with Brown Consulting Engineers is the representative. Case No. 2010-FPA-022.C. Consider a final plat request for “Kachina Springs East at Entrada – Amended and Extended” a residential subdivision plat. Located adjacent to the Entrada Golf Course on the east side of Entrada trail at approximately 2300 West and 3000 North. Zoned PD (Planned Development). Mr. Marc Brown with Brown Consulting Engineers is the representative. Case No. 2010-FPA-023.D. Consider a final plat request for “Kachina Springs East Phase 2 – Amended and Extended” a residential subdivision plat. Located adjacent to the Entrada Golf Course on the east side of Snow Canyon Parkway and the south side of Entrada Trail at approximately 2300 West and 2800 North. Zoned PD (Planned Development). Mr. Marc Brown with Brown Consulting Engineers is the representative. Case No. 2010-FPA-024.E. Consider a final plat request for “The Inns at Entrada – Amended and Extended” a residential subdivision plat. Located adjacent to the Entrada Golf Course on the west side of Snow Canyon Parkway and to the north of Entrada Trail at approximately 2600 West and 2800 North. Zoned PD (Planned Development). Mr. Marc Brown with Brown Consulting Engineers is the representative. Case No. 2010-FPA-025.F. Consider a final plat request for “Whisper Ridge Phase 2 – Amended and Extended” a residential subdivision plat. Located on the north side of Indian Hills Drive at approximately 1100 West and 950 South. Zoned R-1-10 (Single Family Residential 10,000 square feet minimum lot size). Mr. Jim Raines, Bush & Gudgell is the representative. Case No. 2010-FPA-028.H. Consider a final plat request for “251 West Hilton Drive Plaza – Amended” a one (1) lot commercial subdivision plat. Located at 251 Hilton Drive (north of the Southgate Golf Course and west of St George Ford). Zoned PD (Planned Development). M...

...quest for a zone change from OS Open Space on the Bloomington Country Club golf course to R-1-10 Single Family Residential 10,000 sq. ft. minimum lot size on .760 acre on Bloomington Drive West. Don Oborn, applicant. Community Development Director Bob Nicholson advised the subject property is located on the fringe of the golf course. The applicant tentatively proposes three lots. There is a restroom on the subject property, and several residents St. George City Council Minutes December 13, 2001 Page Fourteen have expressed concern that they do not want it in their backyards. There is also concern about loss of views. The Planning Commission recommended approval in the absence of any negative comments from neighbors. Mayor McArthur commented that the City has received several requests similar to this over the years, and inquired if any of them had been granted. Mr. Nicholson replied that six to seven years ago a similar request was received for eight to ten lots, and the City Council approved three. Any time Open Space is rezoned around a golf course there is controversy. Council Member Orton declared a possible conflict of interest as he is a member of the Country Club, but advised he would vote. Don Oborn, Vice President of the Bloomington Country Club, advised two membership meetings were held where this issue was discussed with the consensus being to proceed. The property consists of 400 sq. ft. of open space, with 300' proposed for development. Two areas on either side will be left as open space. He advised he personally visited with adjacent property owners and did not receive one negative response. The proposal will improve the area. There is also a serious problem with security on the golf course, and greens adjacent to the area have been damaged every year by motorcycles and four wheelers. Fencing is not desired. The restroom will be relocated. The Country Club has received tentative offers to purchase the land. Council Member Orton advised that the City Council has been working to obtain open space. He inquired if the property could be donated to the City for use as a park. Mr. Oborn replied it was not a good option to donate the land for a park as the area is too small, and would not solve the other problems. The Country Club would also like the money from sale of the lots. He advised he did not foresee another similar request from the Country Club. One tee will have to be moved, as well as a cart path, and the restroom will be relocated and landscaped. Mayor McArthur opened the public hearing. Marty Scilatta, past president of the Bloomington Country Club, advised he was not opposed to the rezoning, but was opposed to the fact that Mr. Oborn could not say where the restroom would be located. He stated he lived next to the 13th tee and understands the Club?s inclination is to move the restroom toward the back of his home. He proposed that the proposal be altered to two lots instead of three and allow the restroom to remain where it is. He stated he did not remember any membership meeting where this subject was addressed, and while the Board makes the decisions, the membership must approve them. He advised that Mr. Oborn will not be on the board as of January 1, and it is not known what the new trustees will want to do with this request. He stated that one of the reasons he purchased his lot was because of the view and the master planned community. The lots which were created a few years ago do not intrude on the fairway, but creation of these lots will. He advised that relocating the restroom will require that it be hooked to the City?s sewer system and the Country Club does not have any idea how much it will cost to move it. He stated that while he realized these issues did not apply to the zone change, they are important. The purpose of the sale is to get revenue for the Club, and there are other ways of raising revenue rather than altering a master planned community. He suggested the matter be tabled until a location for the restroom is identified. Richard Abbott, President of the Board of Trustees, advised that the zone change would be an improvement to the area, as well as resolve safety concerns and raise revenue for the Club. He stated he advised Mr. Scilatta that the location of the restroom would not be determined until City approval was obtained, and he was sorry the internal problems of the Board were brought to St. George City Council Minutes December 13, 2001 Page Fifteen the Council?s attention. The Board is fully in favor of the project, and the two new Trustees coming on to the Board in January are aware of the project. Council Member Orton inquired if the neighbors across the street had been consulted about losing their views. Mr. Oborn replied that he spoke with them and they have no problem with the project. When the restroom is moved it can be lowered, and will be landscaped. Mr. Scilatta advised he did not want hard feelings, but would like to know where the restroom is going to be located. Connie Keate advised that she was grateful for the opportunity to see the vistas from the property, and would rather see the view than more homes. The original planner and designer of Bloomington was inspired to keep some of the area open space, and there are still 11 vacant lots around the golf course with 12 on the interior. Ken Keate endorsed the comments made by his wife and stated if 50' were left on each side of the proposed lots, the golf course would not have any more security than it does now. He advised ...

...has been added as an addendum because it will be necessary to overseed the golf courses next week. He asked that Council consider awarding the bid to Scotts Seed, which is a state contract, in the amount of $55,580. Council Members commented that they wanted it known that the golf courses do not use culinary water on the grass. Council Member Gardner made a motion to accept the bid from Scotts Seed for grass seed to overseed the City golf courses and Snow Park Softball Complex in the amount of $55,580. Council Member Whatcott seconded the motion. Mayor McArthur called for a vote, and the City Council voted as follows: Council Member Gardner - aye Council Member Orton - aye Council Member Whatcott - aye Council Member Allen - aye The motion passed unanimously. PUBLIC HEARINGS: Amendment to Chapter 21 of the Zoning Ordinance Bob Nicholson asked Council to consider an amendment to Chapter 21 of the Zoning Ordinance to allow more small animals in the A-1 zone with a conditional use permit, and to clarify some inconsistencies in Section 21-6.3, City of St. George, applicant. At present the ordinance allows 30 small animals per acre and no recourse for business owners to request more. Mr. Nicholson felt this would give Council more flexibility in dealing with the public. Also, a conditional use permit can be rescinded at any time for noncompliance. Mayor McArthur declared the public hearing open and asked if anyone had come to speak to this issue. Gary Kuhlmann thanked staff for working with his client, who is the parrot barn owner. He asked that Council consider making this type of operation a permitted use and not a conditional use. He stated that the other restrictions of the ordinance would be self-limiting and that making this a permitted use would allow a property owner to work directly with staff rather than coming before Council. Jonathan Wright commented that these are residential size lots and such businesses will have impacts on other residents. He felt it would be wiser for Council to have conditional use discretion in these cases. Mr. Kuhlmann stated that at one time home occupations were considered conditional use permits. He indicated that as there had never been any problems, the ordinance was changed. He felt this situation was similar to the home occupation ordinance. He also felt that if a business owner had to show Council what their business would be like, they would have to invest the money to build the buildings and stock them with no assurances that a conditional use permit would be granted. Mr. Wright stated that, while we do not want to add an additional burden to either the Council or the business owners, we are talking about raising livestock St. George City Council Minutes August 3, 2000 Page Three in a residential area and if it is made a permitted use, the Council will have no control. Mr. Kuhlmann conceded that he could live with the language, but would like to see it changed. Thomas Hall - He expressed his opinion that this change to the ordinance would not protect the agriculture zone within the City. He felt it would encourage people to build large buildings for their commercial enterprises and destroy the open space. He then read portions of several ordinances and Utah State laws which, to him, proved that no wild animals could be kept by anyone. Mr. Wright reminded him that this is a zoning issue and does not have anything to do with the permits needed to raise certain types of animals. At this time Council is just addressing the numbers of small animals that can be housed in this zone. Council Member Whatcott asked if the number of animals is increased are we creating a commercial activity instead of agricultural. Council Member Gardner joked that while it does not always seem that way, agricultural ventures are meant to be commercial, not just an expensive hobby. Council Member Whatcott acknowledged the joke and changed his question to ask if this change will blur the line between agricultural and commercial zones. Council Member Orton made a motion that Council reject the amendment to Chapter 21 of the Zoning Ordinance allowing more small animals in the A-1 zone with a conditional use permit. Councilman Whatcott seconded. Council Member Gardner expressed his mixed feeling, but also felt that building some flexibility into the ordinance would be helpful in the future. Council Member Allen also expressed such feelings. She said she would like to see Council have the option to either accept or reject an application. Drew Ferwerda - Expressed his opinion that if the ordinance is written to minimize impacts on people, his birds would have less impact than cows or other large animals. Mayor McArthur called for any other comments. Hearing none he declared the public hearing closed and asked the Council Members to vote on the motion before them. The results of a roll call vote was as follows: Council Member Whatcott Aye Council Member Orton Aye Council Member Allen Nay Council Member Gardner Nay Mayor McArthur Nay The motion failed. Council Member Gardner made a motion that Council approve the amendment to Chapter 21 of the Zoning Ordinance allowing more small animals in the A-1 zone with a conditional use permit and to clarify some inconsistencies in Section 21-6.3. Council Member Allen seconded and Mayor McArthur called for questions or discussion. Council Member Whatcott asked for further clarification of the amendment. He was told that the numbers and parameters are set in the ordinance. This St. George City Council Minutes August 3, 2000 Page Four change will only provide a way for someone to ask for additional animals, a request that must be justified. Council Member Whatcott also asked for a definition of small animals. Bob Nicholson read the definition from the ordinance of large animals and indicated all others are small animals. Hearing no further comments or discussion, Mayor McArthur called for the Council to respond to the motion before them in a roll call vote as follows: Council Member Gardner Aye Council Member Allen Aye Council Member Orton Nay Council Member Whatcott Aye The motion passed. Amendment to Sections 6-7 of the Zoning Ordinance Bob Nicholson asked Council to consider an amendment to Chapters 6-7 of the Zoning Ordinance to remove the height limitation of parking lot light standards while still emphasizing that the light sources are to be hooded to prevent off-site illumination. City of St. George, applicant. Mr. Nicholson explained that enforcement of the 16-foot height limitation had been overlooked and consequently many parking lots now have light poles taller than 16 feet, but all are hooded. He told Council that the language of the ordinance is consistent with five of the six cities he surveyed and less restrictive that the sixth city. The Planning Commission has reviewed this ordinance and recommends Council approval. Mayor McArthur opened the public hearing and asked if anyone had come to speak to this item. Hearing no requests to speak, he closed the public hearing and asked for questions from the Council. Hearing none, he called for a motion. Council Member Gardner made a motion that Council approve an ordinance amending Section 6-7 of the Zoning Ordinance to remove the height limitation of parking lot light standards while still emphasizing that the light sources are to be hooded to prevent off-site illumination. Council Member Allen seconded and the Mayor called for a roll call vote as follows: Council Member Orton Aye Council Member Whatcott Aye Council Member Gardner Aye Council Member Allen Aye The motion passed unanimously. RESOLUTIONS: Resolution Concerning Golf Course Revenue Bonds Gary Esplin asked that Council consider approval of a resolution of the City Council of the City of St. George, Washington County, Utah (the Issuer), finalizing the term and conditions of the issuance and sale by the Issuer of its Golf Course Revenue Bonds, Series 2000, in the aggregate principal amount of $899,551.80; awarding and confirming the sale of said Series 2000 bonds; authorizing the execution by the Issuer of a second supplemental indenture of trust, and other documents required in connection therewith; authorizing and approving a bond purchase contract; and authorizing the taking of all other actions necessary to the consummation of the transaction contemplated by this resolution; providing a severability clause; repealing resolutions and orders in conflict; providing an effective date; and related matters. St. George City Council Minutes August 3, 2000 Page Five Mayor McArthur called for questions. As this had been discussed extensively in other meetings, there were none. Council Member Whatcott make a motion that Council approve a resolution of the City Council of the City of St. George, Washington County, Utah (the Issuer), finalizing the terms and conditions of the issuance and sale by the Issuer of its Golf Course Revenue Bonds, Series 2000, in the aggregate principal amount o...

...ion of surplus property and sale of said property adjacent to the Sunbrook Golf Course. City Manager Gary Esplin advised that Wayne Carlson, the developer adjacent to the Sunbrook Golf Course, requests that the City sell him surplus property adjacent to Hole No. 7 on the point at Sunbrook. The property is out of play, and Mr. Carlson would like to use the area to expand his landscaping. Staff supports the request. Mayor McArthur arrived. The price of the property will be $1 per sq. ft. and Mr. Carlson will pay for materials and labor associated with replacement of golf course irrigation components. A motion was made by Councilmember Gardner to approve sale of the surplus property as requested. The motion was seconded by Councilmember Allen, and all voted aye. AGREEMENT WITH UAMPS: Consider approval of a Member Services Project Agreement between the City of St. George and UAMPS regarding cost of service and unbundling analysis survey. City Manager Gary Esplin advised that as deregulation approaches, the City would like to know more about what could happen by surveying the community, as well as obtaining better cost figures. The Water and Power Board recommends approval. A motion was made by Councilmember Isom to approve the agreement as presented. The motion was seconded by Councilmember Gardner, and all voted aye. City Manager Gary Esplin advised the City?s share of the project would total $22,619, with a total project cost of $232,928. St. George City Council Minutes April 6, 2000 Page Five AGREEMENT FOR TELECOMMUNICATION STUDY: Consider approval of an agreement to conduct a study of the telecommunication market. City Manager Gary Esplin advised this item and the one immediately following are related. The City Council previously gave instruction to the Water and Power Department to pursue the feasibility of a telecommunication program in the City. The amount of the agreement with Uptown would be in an amount not to exceed $5,000. The Water and Power Board recommends approval. Councilmember Gardner inquired if it would be possible to the see the list of questions used in the survey. City Manager Gary Esplin replied they would be made available. A motion was made by Councilmember Orton to approve the agreement as recommended by the Water and Power Board. The motion was seconded by Councilmember Whatcott, and all voted aye. AGREEMENT TO REVIEW TELECOMMUNICATION SURVEY DATA: Consider approval of an agreement to review data received from the market research study regarding a telecommunication program. City Manager Gary Esplin advised this agreement with SDS would be to review the data obtained in the survey previously discussed. The cost of the contract would be $7,500. A motion was made by Councilmember Orton to approve the agreement as recommended. The motion was seconded by Councilmember Gardner, and all voted aye. APPOINTMENTS: Consider appointments to various boards and commissions of the City. Mayor McArthur recommended Marc Mortensen be appointed as a member of the CEC. A motion was made by Councilmember Isom to appoint Marc Mortensen to the CEC. The motion was seconded by Councilmember Allen, and all voted aye. Councilmember Whatcott advised the next CEC meeting would be in two weeks as they meet only once a month. APPROVAL OF MINUTES: Consider approval of the minutes of the City Council work meeting held March 9, 2000. A motion was made by Councilmember Gardner to approve the minutes as presented. The motion was seconded by Councilmember Isom, and all voted aye. Consider approval of the minutes of the regular City Council meeting held March 16, 2000. A motion was made by Councilmember Gardner to approve the minutes as presented. The motion was seconded by Councilmember Isom, and all voted aye. Consider approval of the minutes of the City Council work meeting held March 23, 2000. St. George City Council Minutes April 6, 2000 Page Six A motion was made by Councilmember Gardner to approve the minutes as presented. The motion was seconded by Councilmember Orton, and all voted aye. SISTER CITY: Mayor McArthur advised as previously discussed, Bacup, England is desirous of forming a sister-city relationship with St. George for cultural exchange. There will be no financial obligation on the City?s part. A motion was made by Councilmember Isom to approve a sister-city relationship with Bacup, England. The motion was seconded by Councilmember Allen, and all voted aye. FENCE AROUND DINOSAUR TRACKS: Councilmember Whatcott inquired on progress to protect the dinosaur tracks on Sheldon Johnson?s property. Public Information Officer Marc Mortensen advised he is in the process of receiving bids for fencing of the area. ART FESTIVAL: Mayor McArthur announced the Arts Festival will be held the weekend of April 21. REPORT ON CIB GRANT: Mayor McArthur reported he just returned from a meeting in Salt Lake City concerning a CIB grant for the remodeling of the Woodward Building. A $150,000 grant was awarded to the City, and a loan in the amount of $350,000 at 2.5% interest for 20 years. PUBLIC HEARING/ZONE CHANGE ORDINANCE: Public hearing to consider a request for a zone change from R-1-10 Single Family Residential 10,000 sq. ft. minimum lot size, and R-1-8 Single Family Residential 8,000 sq. ft. minimum lot size, to R-1-6 Single Family Residential 6,000 sq. ft. minimum lot size on 20.519 acres located on the east side of 2450 East and between 50 South and Riverside Drive. Jeff Chapman, applicant. Associate Planner Jim McGuire advised the Planning Commission recommended approval of the zone change for property located south of the City?s new park. A lot layout has been submitted. The development will be a continuation of the Slick Rock Ridge Subdivision. The General Plan Land Use Map designates the site as medium density residential, and the zone change request conforms to that land use designation. Surrounding zoning is R-1-6 to the west, MH-6 and PD-MH to the east, R-1-8 to the north, and R-1-10 to the south. Mayor McArthur opened the public hearing. There being no public comment, Mayor McArthur closed the public hearing. A motion was made by Councilmember Whatcott to approve the zone change by ordinance. The motion was seconded by Councilmember Allen. A roll call vote was taken and all voted aye. PUBLIC HEARING/ZONE CHANGE ORDINANCE: Public hearing to consider a request for a zone change from OS Open Space to R-1-10 Single Family Residential 10,000 sq. ft. minimum lot size on 9.956 acres located north of Bloomington Country Club No. 7 between Kolob Drive and Los Padres Drive. State School Trust Lands/Don Leavitt, applicant. Associate Planner Jim McGuire advised the applicant is requesting a zone change to accommodate development as this site was not included in the original Bloomington master plan. If the zone change is approved, the St. George City Council Minutes April 6, 2000 Page Seven applicant plans to develop a subdivision with a loop road that will connect the dead-end streets of Kolob Drive and Los Padres Drive. The site is located in the Bloomington Ridge section of the Hillside Development Overlay Zone and is near a rock fall danger area identified on one of the geologic hazard maps. The Hillside Review Board felt it was feasible to develop a subdivision at that location. They recommended approval on a 4-0 vote with the understanding that the applicant has resolved rock fall hazards, drainage, and conveyance of land to adjoining property owners to the south, and that when the plat is submitted, it will be presented to the Board for review. The General Plan designates the site as Open Space, but it is adjacent to a low density residential designation. Since the land use map is not boundary specific, a general plan amendment is not required. Surrounding zoning is OS to the north, east and west, and R-1-10 to the south. The main issue is the nature of the request and the extent of the request in relation to the hillside. An alternative to the applicant?s request is R-1-10 zoning for the southern half or 2/3 of the site, and open space for the hillside area with slopes above 25%. This would allow for a row of lots adjacent to the existing homes with a road on the outside or northern edge. A new road will greatly assist in solving existing drainage problems because storm water could be contained within the street. The alternative will also help protect the aesthetic value of the hillside. The Planning Commission recommended approval. There has been opposition to the request from neighboring property owners. A field trip to the site was taken by the City Council last week. Staff recommends approval of a single loaded street. Mayor McArthur advised he would like to hear more about the drainage plan. Mr. McGuire advised the applicant?s engineer represented drainage could be handled by the new street, as well as help existing drainage problems in the area. Councilmember Allen commented that during the Planning Commission field trip she walked the site and studied it extensively. Don Leavitt, representing School and Institutional Trust Lands, applicant, advised he has been sensitive to the issues, and feels the proposed plan corrects existing drainage issues in the area. Rock fall concerns have been reviewed extensively by geologists, and five rocks will be dealt with before development. Councilmember Allen commented there are several areas in Bloomington where homes have been built adjacent to a rock hillside that look worse than what the applicant is proposing. Councilmember Gardner commented there was a misunderstanding about why the property was not developed at the time Bloomington was developed. The property was owned then by the BLM, and Terracor did not have control of or access to the property. Councilmember Orton commented it was obvious the intent was to continue development in that area as the road comes to an abrupt stop. Mr. Leavitt advised the property in question was acquired from an indemnification list as part of an exchange, and was never in private ownership. Councilmember Orton inquired about liability issues. City Attorney Jonathan Wright advised that with the evidence presented, the City has the discretion to make a zone change or plat approval decision and would be immune from liability under the Utah Governmental Immunity Act. A note on the plat about the rock fall area may be appropriate, however. St. George City Council Minutes April 6, 2000 Page Eight Councilmember Gardner commented that while open space and hillsides are to be appreciated, at the same time the property owner should have the opportunity to proceed with development of its property. Councilmember Whatcott advised a letter he received indicated that Lou Brown from the State promised homeowners they would be given the first option to purchase land all the way back to the rocks. Mr. Leavitt responded he did not know anything about that, but at this time it is not being entertained. He advised there are many encroachments onto the property that will have to be solved and dealt with on an owner-by-owner basis. Mayor McArthur opened the public hearing. John Berger, a geologist who served on the Hillside Review Board for four years, advised that any other similar geologic situation would have been deemed inadvisable to permit. He stated he could demonstrate the rocks have been there only a short time (1000 years or less), and rock fall is an ongoing process. He advised the lack of lichen on the rocks would also indicate the rocks have been there only a short time. He advised the Colorado Plateau area in general is subject to considerable erosion, and the shape of the rocks indicate they have not been there long. He stated it was his opinion and experience it would be hazardous to put homes between the rocks and cliff faces. Councilmember Gardner inquired if removal of five rocks which pose a danger, as proposed by the State Trust Lands, would pacify him. Mr. Berger replied this would not pacify him as the rocks had already fallen, and he was looking to the future. Councilmember Gardner inquired if he were suggesting the entire area not be developed, or just right to and underneath the cliffs. Mr. Berger suggested no building take place north of the proposed loop road. Councilmember Orton inquired if this area were the most dangerous in Bloomington for rock fall. Mr. Berger replied there were other areas in Bloomington more dangerous. Mr. McGuire pointed out those lots were approved when Bloomington was part of the County. Lloyd Paulson, a civil engineer, advised he has been working on hillside development since 1951 in Los Angeles, has been handling emergency disasters in L.A. for over 20 years, and knows the hazards and dangers related to rock fall and landslides. He advised he was aware of several cases in California where a public agency was held liable for damages as a result of a landslide because of negligence in permitting construction to occur. City Attorney Jonathan Wright advised that may be the case in California, but Utah has a governmental immunity statute. He asked Mr. Paulson if he was aware of any cases in Utah. He advised he would be happy to review any Utah cases Mr. Paulson could produce. Mr. Paulson advised the property in question was available to Terracor at the time of development as a neighbor had contacted the BLM and made arrangements to purchase 5-7 acres from them. He advised the state St. George City Council Minutes April 6, 2000 Page Nine geologist was instrumental in seeing the property was not developed as it is not safe for development, and there is a geologic report which designates these lots as not acceptable for part of a subdivision. He recommended that development be permitted to occur, but nothing north of the loop road. He stated he believed construction of the street would remove the drainage hazard in the area. Lance Pinnell advised his major area of study was environmental sciences, and he has done major impact reports for the city of Los Angeles. He has also seen the results of rock fall and flooding. He had a conversation with an attorney who advised if the City approved the zone change in the face of expert testimony that a dangerous condition exists, there is every possibility the case could be decided against the City. His recommendation was that development be kept south of the road. There being no further public comment, Mayor McArthur closed the public hearing. Councilmember Whatcott advised he required some assurance that what has been said will happen with regard to drainage, and how the City would review the work to assure it will take care of the problem. Associate Planner Jim McGuire advised City engineers think the drainage problems can be mitigated by construction of the road as they do not want any potential maintenance problems. He expressed concern that because the zone change request is not for a PD, conditions cannot be imposed to restrict development only on the south side of the road. He suggested the boundary of the zone change be brought down away from the 25% slopes. Public Works Director Larry Bulloch commented the question is what level of risk the City is willing to take. The reasonableness of the project must be addressed, and if certain rocks pose obvious hazards, they should be removed or stabilized, but a certain amount of risk cannot be totally eliminated. City Manager Gary Esplin stated there are existing rock fall and drainage problems. Drainage problems cannot be addressed unless the City takes on the responsibility, and until development occurs, the City cannot tell the developer to solve the drainage problems. The Bloomington subdivision was inherited along with all its problems, and this project at least gives the City an opportunity to zone the property for development. Actual development plans have not been presented yet, and until they have been reviewed and approved by the JUC, and stamped by a licensed engineer of the developer, the City would only then know the scope of existing problems and could make sure they were addressed. Curtis Dyke of Bush and Gudgell advised he is the civil engineer for the project. He was asked to review the property as it pertains to drainage and walked the area extensively. He advised if the drainage water were channelized, it would create a bigger problem. Rather, the water should be cut off by the road to protect the existing homes. He stated the proposed development will solve drainage issues pertaining to existing homes, and property owners have been pleased to know someone is trying to solve the drainage problems. He advised if homes were allowed to be built on the north side of the road, space should be left between them to allow the drainage to come through to the road. Don Leavitt requested the entire area be included in the zone change, with final determination to be worked out after that has been done. City Attorney Jonathan Wright advised that assuming the City Council were to zone those areas that may have potential problems as R-1-10, which is St. George City Council Minutes April 6, 2000 Page Ten now open space, and the property is sold to a new developer on the basis it is zoned R-1-10, those issues then could not be resolved to City satisfaction and the City would have a lawsuit involving a denial to develop zoned land. Mr. Leavitt replied there would be several declarations on the plat dealing with this area and any developer would know the developable area. Mayor McArthur suggested the areas above a 25% slope be removed from the zone change request. Mr. Leavitt replied the area of marketable space is of value to the Trust, even though it cannot be built upon, and deletion of the slope area from the zone change would affect the ability to maintain values. City Attorney Jonathan Wright advised if the applicant is representing it is not going to build on slopes greater than 25%, those slopes do not need to be zoned R-1-10. Councilmember Gardner asked if the slope areas were zoned R-1-10, could a stipulation be attached that it could not be built upon. City Manager Gary Esplin advised if the property were zoned R-1-10, the owner would have use of it as R-1-10 property, regardless of who that owner was. Open space designation would affect the lot setbacks as it could not be included in the lot for setbacks. The ordinance allows development of slopes up to 40%. An unidentified man in the audience advised that two peninsulas identified on the map were actually channels, not hillsides, and could be filled in and used as R-1-10. City Manager Gary Esplin advised an open space zoning designation would not prohibit the developer from filling in wash areas. The wash areas could be filled in as long as this was acceptable to City Engineers. City Attorney Jonathan Wright advised there were many uses for open space property, such as for a park or golf course. Councilmember Gardner suggested the yellow area on the map be designated as open space, but the ravines could be included in the zone change as R-1-10. Mr. Leavitt stated it would be possible to do a conceptual map indicating everything coming in as R-1-10, then the drainage issue and northeast corner could be dealt with later. City Attorney Jonathan Wright again stated that once property is zoned R-1-10, the City could not prevent someone from using it as R-1-10. Mr. Leavitt advised he did not want complications as the drainage issue on the northeast side was dealt with. City Attorney Jonathan Wright advised drainage issues do not change with the zone and must be taken care of regardless of the zone. He suggested the zone change request might be premature until more of a concept was had to make a viable R-1-10 zone. Mr. Leavitt stated his request was fair. City Attorney Jonathan Wright commented that Mr. Leavitt was not showing the area as lots, yet wanted R-1-10 zoning. St. George City Council Minutes April 6, 2000 Page Eleven Mr. Leavitt stated if the City wanted to move the lot lines to match the yellow area on the map, that would be fine. Councilmember Gardner commented the inversions or washes should be included in the R-1-10 zoning and allowed to be filled in. He made a motion to grant the zone change for the green and blue areas of the map, and for the yellow areas that are washes or drainage areas. City Attorney Jonathan Wright asked that the area of the motion be identified on the map. Councilmember Whatcott commented if the applicant would work with staff, some of the yellow areas may turn into blue if the ravines are filled in, and open space could be useable as R-1-10. He seconded by the motion made by Councilmember Gardner. Councilmember Orton asked the motion include a stipulation that the approval be subject to City staff?s approval of the new lines on the map. City Attorney Jonathan Wright advised exact legal descriptions would be needed. Councilmember Gardner commented the extended lot lines could go clear to the top of the hill and be sold as open space or part of the lot, but the open space area could not be built on. Councilmember Orton inquired if City staff were comfortable with the motion. Staff replied they were. A roll call vote was taken and all voted aye. Mayor McArthur called for a five minute break. PUBLIC HEARING/AMEND PD BY ORDINANCE Public hearing to consider a proposed amendment to the PD zone at McArthur?s Landing on the southwest corner of River Road and Riverside Drive. Rich Lewis, applicant. Associate Planner Jim McGuire advised action was needed to finalize the layout of the development on the east side of the Post Office. The building elevations and allowed uses are to remain as previously approved. The proposed amendment also utilizes the landscape transfer previously approved. The layout shows the existing bank, a fast food restaurant pad with drive-through service, and three retail buildings. There will be no residential units. The required number of parking spaces is shown on the private property, and the applicant is hoping to develop extra parking on the small piece of City property next to River Road. The development will stand on its own in meeting parking requirements. The site has been designed to connect the east side of the PD with the west side by way of a drive and parking area behind the Post Office. The building on the south end of the development will be two stories with underground parking, for a total or three levels. The other buildings on the east side will be single story. The long building on the west side of the restaurant pad will screen the parking and delivery area of the Post Office. A ten foot trail easement is being shown along the south side of the development. The Planning Commission recommended approval. Mayor McArthur inquired if the trail easement had been signed. City Manager Gary Esplin advised it was critical to resolve all issues on the exchange of land and trail easement tonight. The issues of terrain and location of the bridge are complicated, but consensus has been had. St. George City Council Minutes April 6, 2000 Page Twelve Rich Lewis advised the elevations are similar to that of the bank and Post Office. The trail alignment is being worked on, and he is asking for 18' of City property along River Road for a parking area. This has been agreed to conceptually. City Manager Gary Esplin advised staff recommends giving the applicant 18' of property in exchange for landscaping the balance of City property. The applicant also agrees to knock down the hill and flatten the trail in exchange for his right to use the excavated material. Mr. Lewis advised in order to keep the elevations from not being too steep, the top of the hillside must be excavated. Slopes must also be dealt with. As far as landscaping, he agreed with Deputy City Attorney Ron Read on the landscaping plan. Watering will be his responsibility. City Manager Gary Esplin advised Mr. Lewis will deed to the City the balance of the property which is located on the south side of the trail as well as provide an easement. Timing is of the essence because of the grant for the Riverside Drive Trail. This is the last piece of property needed in order to secure the grant. Mr. Lewis advised the trade would consist of a partial trade and partial gift, and because he is giving a lot more than he is getting, he wants some advantage. The agreement is the City would have 30 days to decide what they wanted to do with the excavated materials. After moving the excavated material from the site, it would then be the City?s responsibility to move it again, store it, etc. Mayor McArthur opened the public hearing. There being no public comment, Mayor McArthur closed the public hearing. A motion was made by Councilmember Gardner to approve amendment to the McArthur?s Landing PD zone as requested subject to the trade of properties and signing of the easement for a trail. The motion was seconded by Councilmember Isom. Mayor McArthur called for a roll call vote, and all voted aye. PUBLIC HEARING/AMEND ZONING ORDINANCE: Public hearing to consider an amendment to the Zoning Ordinance by adding a new chapter, Chapter 23-B, City of St. George Replacement Airport Overlay Zone for the proposed new airport to be located east of Little Valley at the old CAA runway. City of St. George, applicant Public Works Director Larry Bulloch displayed a map of compatible land uses around the airport. The Planning Commission recommended approval with modification to change the overlay zone to reflect only portions within the City of St. George. It was also suggested that a conditional use provision be added for hotels, motels, convention center, and accessory uses. Leucadia requested clarification in the section addressing guidelines and policies which would be used to implement the ordinance. It was rewritten to indicate the developer would do the impact assessment on the influence area to assure compliance with the intent of the ordinance. Leucadia also asked for the second runway to be shortened to 5000', and this adjustment was made. Leucadia also asked that the City cooperate in seeking UDOT?s approval for additional access and off-ramps into the South Block area, and the City cooperate in earmarking water rights for the South Block. Mayor McArthur commented that many other uses could be added to the flight path area, such as for an aircraft museum or other historical facilities. St. George City Council Minutes April 6, 2000 Page Thirteen He suggested instead of prohibiting many uses, they be made conditional uses. Councilmember Isom suggested all the prohibited uses be made conditional uses. City Attorney Jonathan Wright advised the problem with a conditional use is that it is not discretionary. The use has to be allowed unless there is some reason it is not appropriate. Mr. Bulloch advised all non-airport related uses could be prohibited. City Attorney Jonathan Wright clarified non-airport related uses would be prohibited in the flight pattern area only, not the entire overlay zone. Councilmember Whatcott inquired what would happen if Leucadia built a golf course and wanted to sell it to the City, but the City could not buy it because a public golf course is prohibited in the overlay zone. Mr. Bulloch replied fede...

...ficant unplanned expenses this year due to the volatile power market. The golf course fund is also down 7% in revenue this past year which the City is trying to rectify. Other than that, the City had a very good year financially and revenues were significantly higher than expenditures allowing for a transfer of funds to the capital project fund. In response to an inquiry from Council Member Orton about police fees, City Manager Gary Esplin explained that last year more funds were budgeted for than St. George City Council Minutes August 16, 2001 Page Two collected with regard to the School Resource Officer program, but a new formula is now in place beginning July 1, 2001. Council Member Allen inquired if the dispute between the City and County over dispatch fees had been resolved. Mr. Esplin advised that it had not. Mayor McArthur advised that a meeting would be scheduled with the County Commission on several other issues as well. A motion was made by Council Member Allen and seconded by Council Member Gardner to approve the financial statement as presented. Mayor McArthur called for a vote, as follows: Council Member Allen - aye Council Member Gardner - aye Council Member Whatcott - aye Council Member Isom - aye Council Member Orton - aye The vote was unanimous and the motion carried. AWARD OF BID: Consider award of bid for the Bloomington Hills irrigation project. Bids received are as follows: Quality Excavation $201,500 L&M Engineering and Const. Inc. $224,478.50 City Manager Gary Esplin advised staff’s recommendation is to award the bid to the low bidder, Quality Excavation, in the amount of $201,500. Water and Power Engineer Barbara Berrett explained this project involves installation of an irrigation line to feed the Bloomington Hills area by the new high school on Brigham Road. It will also feed churches and parks in the area. The project is planned to be finished as quickly as possible. Council Member Gardner inquired if any discussions had taken place about making irrigation water available to anyone in the area who desired it as a result of this new line. Ms. Berrett replied that this was considered as part of the study, but only for large users such as schools, parks, and churches in the area. A 100,000 gallon tank has also been planned as part of this project. A motion was made by Council Member Orton and seconded by Council Member Isom to award the bid to the low bidder, Quality Excavation, in the amount of $201,500. Mayor McArthur called for a bid, as follows: Council Member Orton - aye Council Member Isom - aye Council Member Whatcott - aye Council Member Allen - aye Council Member Gardner - aye The vote was unanimous and the motion carried. AWARD OF BID: Consider award of bid for the 3050 East drainage project. Bids received are as follows: St. George City Council Minutes August 16, 2001 Page Three Sunroc Corporation $1,622,957.74 Quality Excavation $1,725,000 Interstate Rock Products $1,977.914.24 The engineer’s estimate is $1,903,996.94 City Manager Gary Esplin explained extra projects have been added to this long-awaited project in order to realize savings by not having to cut and repave the street. This project will include a new road, a major storm drain on 3050 East, and new irrigation system bringing water from the Sandberg Pond to water schools and parks in the area. Staff’s recommendation is to award the bid to the low bidder, Sunroc Corporation, in the amount of $1,622,957.74. Council Member Orton expressed concern that the bid came in lower than the engineer’s estimate. Mayor McArthur explained that the City will be saving 30% in overall costs by completing the irrigation and drainage simultaneously with the roadway resurfacing. A motion was made by Council Member Orton and seconded by Council Member Isom to award the bid to the low bidder, Sunroc Corporation, in the amount of $1,622,957.74. Mayor McArthur called for a vote, as follows: Council Member Orton - aye Council Member Isom - aye Council Member Gardner - aye Council Member Allen - aye Council Member Whatcott - aye The vote was unanimous and the motion carried. Assistant City Engineer Jay Sandberg advised the contract states the contractor has 90 days to complete all work on 750 North and north of 750 North. Work around the high school has to be completed by December 1. The contractor is doing everything it can to get started. The contractor will first connect 850 North between 2450 East and the high school, and will then work on 3050 East. Existing materials on the site will be used for additional savings. Council Member Whatcott inquired about a safety hazard created by 3050 North to the industrial park as it banks to the right and narrows quickly. Mr. Sandberg replied that this was not part of the project, but the City tried to include it in a special improvement district two years ago but was unsuccessful. However, staff will look at widening this area. AWARD OF BID: Consider award of bid for the purchase of golf carts. Bids were received as follows: Yamaha $178,268.70 E-Z-Go $197,327.25 Par Car $321,279 Club Car $207,690.50 City Manager Gary Esplin advised staff recommends award to the low bidder, Yamaha, in the amount of $178,268.70. He explained this award of bid is a proposal to lease golf carts for five years in order to redo the City’s fleet. The City is trying to replace golf carts on a regular basis so that it does not have to replace all the carts in one year. The proposal is to trade in 95 carts and use the remainder at Red Hills, Southgate and St. George Golf Club. This will enable the City to go for two budget years before having to purchase carts for these three St. George City Council Minutes August 16, 2001 Page Four courses. This will also increase the number of carts at the St. George Golf Club from 50 to 66. A motion was made by Council Member Whatco...

...l Members that the Lion’s Club had requested a waiver of fees for a golf tournament to be held at the Red Hills Golf Course on May 24 to benefit charity. He said that this is for a great cause, but historically the City has not waived fees at the golf courses. He also said that given the circumstances with regard to golf revenues, he did not feel it would be a good idea. He suggested that the City could possibly waive the fees for an after-dark game. Council Member Whatcott made a motion thanking the Lion’s for their generosity to the community, but denying the green fee wavier for a golf tournament to be held at the Red Hills Golf Course on May 24, unless they would like to play after dark. Council...

..., explained that access to the home he is building north of the Twin Lakes Golf Course is needed further north of the Red Rock Road intersection, and City staff suggested an access off ?Turtle Road? which requires that he cross a small portion of City property. The location is 300' north of Ruesch Machine where dirt has been pushed into the wash. This location has already been approved for a water line, but now a right-of-way is needed in order to drive through to his property. City Manager Gary Esplin expressed concern that the City did know the width or exact future location of the road in this general area. Staff has no problem letting Mr. Stout proceed on a temporary basis, but if this access is permanently needed for Mr. Stout?s subdivision, the City should receive compensation for the right-of-way or the property should be sold. Mr. Stout replied that the property he would like to access across is located in the wash, and any future road in this area would need to be widened and curves taken out. Mr. Esplin stated for the record that if any useable City property is needed to access Mr. Stout?s subdivision, a land swap or sale would need to be done. Mr. Stout replied that he would have no problem with a land swap or purchase. Mr. Esplin stated for the record that due to safety concerns with the intersection, only one home is allowed and no more homes can be built until this issue is resolved. A motion was made by Council Member Gardner to approve the request. Mr. Esplin clarified that any approval would allow access to one unit at this time, and the matter would be resolved before other units could be platted and built. City Attorney Shawn Guzman suggested a time frame be established. City Manager Gary Esplin suggested a one year time frame. Council Member Gardner agreed to add a one year limit to his motion, at which time the matter would be reviewed. The motion was then seconded by Council Member Orton. Mayor McArthur called for a vote, and all voted aye. The motion carried. CONSTRUCTION MANAGEMENT CONTRACT: Consider approval of a construction management contract with Carter Burgess for the River Road Phase II project. City Manager Gary Esplin explained that the standard contract is for the extension of Riverside Drive from River road to the east side of the East Black Ridge. Staff recommends approval. A motion was made by Council Member Gardner and seconded by Council Member Allen to approve the contract. Mayor McArthur called for a vote, and all voted aye. The motion carried. Council Member Gardner commented that citizens in the area who will be affected by the 200 East connection to Skyline Drive were complimentary of staff. St. George City Council Minutes April 1, 2004 Page Four CHANGE ORDER: Consider approval of a change order to the Dixie Drive bridge construction management contract. City Manager Gary Esplin explained that the change order is really an extension of the contract because of changes made to the bridge. Public Works Director Larry Bulloch advised that the change order is for engineering work related to widening the bridge. A motion was made by Council Member Allen and seconded by Council Member Orton to approve the change order. Mayor McArthur called for a vote, and all voted aye. The motion carried. APPOINTMENTS: Appointments to boards and commissions. Mayor McArthur recommended the following appointments to the newly created Dinosaur Track Site Advisory Board: Darcy Stewart - one year Gary Watts - two years Lyman Hafen - two years Future City Council Member - one year Marshall Topham - two years A motion was made by Council Member Allen and seconded by Council Member Whatcott to make the appointments as recommended by Mayor McArthur. Mayor McArthur called for a vote, and all voted aye. The motion carried. APPROVAL OF MINUTES: Consider approval of the minutes of the regular City Council meeting held March 4, 2004. A motion was made by Council Member Orton and seconded by Council Member Allen to approve the minutes as presented. Mayor McArthur called for a vote, and all voted aye. The motion carried. Consider approval of the minutes of the special City Council meeting held March 11, 2004. A motion was made by Council Member Whatcott and seconded by Council Member Orton to approve the minutes as presented. Mayor McArthur called for a vote, and all voted aye. The motion carried. MISCELLANEOUS: Council Member Gardner advised that he has been asked if the City would spray the caterpillar nests in the trees around Brooks Pond. City Manager Gary Esplin replied that he would check into it. REPORT FROM FIRE DEPARTMENT: Fire Chief Robert Stoker advised that the Department has been doing a lot of work on the Regional Hazmat Team. The Department has received equipment from the grant awarded last year. REPORT FROM POLICE DEPARTMENT: Police Chief Marlon Stratton explained that Spring Break begins next week and the police will be on the streets in full force. The only help received this year will be from the Utah Highway Patrol. PUBLIC HEARING/AMEND PD ZONE/ORDINANCE: Public hearing to consider an amendment to the Sunbrook Planned Development zone to add six acres to the project, modify density and unit types in various areas, and include a bed and breakfast or 14 unit condominium building near the Sunbrook Golf Course Clubhouse. Sunbrook Communities, LC, applicant. Associate Planner Mark Bradley explained that the proposed change will increase the Sunbrook PD area to 571 acres, with a net density of 3.75 units per acre, excluding the golf course. The Planning Commission recommended approval with two conditions: (1) the .83 acre site on Dixie Drive be changed from Commercial to Professional Office, and (2) either the bed and breakfast inn or the 14 unit condo is acceptable for the site next to the golf course clubhouse. With regard to parking, there is a recorded agreement for parking and cross-access but it does not address this type of use. St. George City Council Minutes April 1, 2004 Page Five Rick Rosenberg, representing the applicant, explained that a ten-plex of condo units with an Italian villa concept is proposed, with underground parking. 11 buildings are proposed for the site and the biggest change in density will be from this product. All access will be off Dolche Vista Drive. A traffic impact study was done for Sunbrook, as well as a traffic model produced as part of the zone change request. It recommended additional turning lanes to be built as time goes on and traffic increases. These turning lanes have been incorporated into the new plan. He explained that he met with Kent Perkins and the BLM about converting some hillside into a four acre park. This is a new add-on to the project site in order to have some permanent open space , and the rest of the six acres will be developed in low density residential, similar to the French Quarter. The most controversial issue has been the bed and breakfast site, and current management favors the 14 unit condo project as a better use. It is proposed to expand the parking lot and work with the City to pick up an additional 66 parking stalls. This would meet Sunbrook?s parking requirements and expand the stalls the City can use for tournaments and high use periods. The plan at present is conceptual. Meetings were held with the Sunbrook Homeowners Association and Crystal Lakes Homeowners Association, and Crystal Lakes expressed concern about the box canyon wash which flows through the project and comes near the Crystal Lakes entrance and downstream which has become clogged with vegetation and debris. Sunbrook has agreed to clean the wash within allowable limits of the State and Federal permitting process. All storm drainage off the hillside is being collected and added to the wash, but this should not impact Crystal Lakes. Some of the medium density area in hillside crevices will be hard to design, and the density asked for is a pleasant target, but will be difficult to achieve. Designated parking for the condos will be worked out separately. City Manager Gary Esplin commented that Sunbrook has been an excellent partner and improvements made on Number One of the Point have been a positive benefit to the City. Staff feels comfortable trying to work out continued use of shared parking. There has always been a problem with Number Two on the Point with sloughing-off of the soil, and whatever Sunbrook does will benefit the golf course by cleaning up the area, but it must be done with due consideration of the soil condition. Mr. Esplin advised that the area for potential golf course expansion should be protected, and the map presented does not i...

...800 East and Highland Drive to show the proximity of this property and the golf course. St. George City Council Minutes March 18, 2004 Page Ten Tom Thomas - His family has lived in Middleton for three generations. He stated that this General Land Use Map amendment has been presented twice before and denied both time. He wants Middleton to remain residential. Claron Bradshaw - Owns the golf course and subdivision. He thought this application was to build a church and he does not feel a church building would fit in the area with the golf course. Council Members asked if there are plans to rebuild the golf course. Mr. Bradshaw said, ?yes?. Ross Mickelson - Resident. He asked that the area be kept residential. Greg Mickelson - Resident. He told Council Members that there are many children in the neighborhood who cross 1700 East to play at the park. Since 1700 East is the only access to the property, he felt it would increase the traffic considerably and put the children at greater risk. Ronda Wiggington - She stated that she is the resident who owns the property with the billboard over the back yard. She walked through Middleton collecting signatures on a petition against the commercial designation. She stated that 150 residents had signed against the General Land Use Map amendment, two wanted it and several did not care one way or another. Paul Bevin - Lives at 750 North 1800 East, four residential lots east of the proposed General Land Use Map amendment. He felt that Middleton should get the same consideration for preservation as the downtown area. He stated that over the past 10 years there have been several attempts to change the use. He said a sign had been erected on this property six months ago advertising its sale as C-3. Neighbors complained and it was removed. Mr. Bevin presented a letter to Council Member Allen asking her to recuse herself because her husband owns the abutting property, which she did as a courtesy to Mr. Bevin. He noted that the Planning Commission voted against the General Land Use Map amendment 5-0. He talked about other illegal business in the area and the fact that he is working with Brad Young to remove these businesses. Kevin Wilkinson - He stated that Myrna Stout had not mentioned her ties to property in Middleton at the Planning Commission meeting. He said this property keeps coming back before the Planning Commission and Council to try and find a zone that will fit the property. He said PD Commercial seems the correct designation to him. He also stated that there are approximately 8,000 to10,000 lots coming on market this year and this is not either prime residential or prime commercial. He felt that PD Commercial would be its best use. Hearing no further comment. Mayor McArthur declared the Public Hearing closed and called for questions and comments. All agreed that it is a difficult piece of property to use. Council Member Gardner reiterated the City?s commitment to preserve neighborhoods, but agreed this is a tough decision. He wondered if visiting the site would help. Council Member Whatcott said he is not opposed to revisiting the site, but with the redesign of Highland Drive, he felt any decision made tonight would be premature. However, he was bothered by the fact that someone is speculating on the land. Hearing no further questions or comments, Mayor McArthur called for a motion. Council Member Whatcott made a motion to deny the amendment to the General Plan Land Use Map for property located at 1700 East Highland Drive from low density residential to St. George City Council Minutes March 18, 2004 Page Eleven commercial. Utah/Nevada Association of the Seventh Day Adventist Church, applicant. The motion was seconded by Council Member Orton It was decided to revisit the issue after the golf course is refurbished. Proposed amendments to the General Plan Land Use Map can be reheard every three months. The motion passed unanimously on a roll call vote as follows: Council Member Whatcott Aye Council Member Orton Aye Council Member Gardner Aye At this point in the meeting Mayor McArthur called for a recess. Amend St. George City Code, Section 10-8-5(D)(1) - Bob Nicholson asked that the Council consider an amendment to St. George City Code, Section 10-8-5(D)(1) regarding front yard setbacks in a PD residential zone. The amendment would be to approve a 20-foot front yard setback from a public street and increase the rear yard setback by five feet, while maintaining a 25 ft. minimum setback to the garage in a PD Zone. Rick Rosenberg, applicant. Mr. Nicholson said the concern of the Engineering Department is the amount of extended cab vehicles which are 21 ft. long or longer. When parked in front of the garage, these vehicles extend over the public sidewalk and cause risk factors. He stated that Bloomington Hills and all R-6 residential zones currently have a 20 ft set back. It can work, but staff feels the need for the added buffer. He also explained that in R-1-6 and RCC zones, the 20 ft. setback is measured from the right-of-way/property line so the setback is still approximately 5 ft. greater than on a private street where the 20 ft. setback is measured from the curb line. He further stated that approval of a 20 ft. setback would require an additional 5 ft. setback in the rear yard. Setback to the garage would remain at a minimum of 25 ft. He told Council Members that the Planning Commission recommended approval. Council Members asked if this request is driven by a specific project. Rick Rosenberg said he has two projects which could benefit from approval. He explained that most people in the real estate market today seem to want a larger backyard and less front yard. Hearing no further comments, Mayor McArthur declared the Public Hearing open and invited anyone who wished to speak to this issue to come to the podium and state their name for the record. No one came forward and the Mayor declared the Public Hearing closed. Council Member Whatcott stated that the R-1-6 zone has a 20 ft. setback but the street is wider than in a PD. He questioned which is better, a smaller setback on a wider street or a larger setback on a smaller street. He felt it would be a good idea to review the various setbacks and standardize them for the benefit of the public and the inspectors. A discussion ensued regarding different setbacks, sidewalks and street widths. Council Member Allen reminded other Council Members of neighborhoods they have seen in other cities which incorporate clustering, alleys and homes within 10 ft. or less of the street. She felt some of those avenues should be explored as well. Carol Sapp - Said builders in the area have questioned the use of 20 ft. setbacks and wondered why that number was chosen. She felt this is an issue which should be market St. George City Council Minutes March 18, 2004 Page Twelve driven and she would welcome the opportunity to discuss it with staff and Council in a work meeting. Jay Sandberg - Stated that staff feels this is a safety issue because of the trend to longer vehicles. He said PD zones had evolved from 5 ft. setbacks to 10 ft. and then 20ft. He felt these issues should be based on form and function as needs evolve. He was not opposed to larger setbacks in the rear yard. Hearing no further discussion. Mayor McArthur called for a motion. Council Member Whatcott made a motion, seconded by Council Member Orton, to allow the Planning Commission and City Council, by way of ordinance, to allow 20 ft. setbacks in the front yard while increasing the rear set back by 5 ft. and keeping the 25 ft. setback for the garage. The motion passed unanimously by a roll call vote as follows: Council Member Gardner Aye Council Member Allen Aye Council Member Orton Aye Council Member Whatcott Aye Council Members Gardner and Whatcott felt this needed item further discussion at a later date. STAFF REPORTS Planning Commission Report Mark Bradley asked that Public Hearings be set for the following items on April 18, 2004: Final Plats Knolls at Little Valley, Phase Meadow Valley Estates, Phase I Cove Creek Commercial Subdivision Conditional Use Permits Pre-School in a R-1-6 zone Pre-School in a R-1-8 zone Hillside Development Permit 3 Amigos Meat Market Council Member Gardner made a motion to set Public Hearings on April 18, 2004 for the items mentioned above. Council Member Orton seconded and the motion passed unanimously. FINAL PLAT Mark Bradley asked that Council consider approval for a final plat for the Estates at Bloomington with 24 single family lots located at Los Padres Drive and Kolob Drive, Frank Lindhardt, applicant. Mayor McArthur called for a motion. Council Member Orton made a motion to approve the final plat for the Estates at Bloomington with 24 single family lots located at Los Padres Drive and Kolob Drive, Frank Lindhardt, applicant and authorize the Mayor to sign the plat. Council Member Gardner seconded and the motion passed unanimously. CONDITIONAL USE PERMIT Ray Snyder asked that Council consider a Conditional Use Permit for a detached garage St. George City Council Minutes March 18, 2004 Page Thirteen with a height of 16 feet 6 inches located at 2570 East 2300 South Circle, Robin Vaughn, applicant. Mr. Snyder indicated that in their packet was a site plan of this home which sits on a corner lot. The planned structure is 10 ft. from the primary structure and, as requested by staff, 4 ft. from the property line. He showed photos of the difference in topography with the other lots and elevations and floor plans. He told Council Members that the only issue before them today is the height issue. Staff recommend approvals. Council Members asked if the neighbors had concerns? Mr. Snyder indicated he had received one telephone call from a woman who lives across the street. She was more concerned that it not be used as a second dwelling, than the height. Mr. Snyder indicated he had faxed her a map and had not heard from her again. Hearing no further questions or comments Mayor McArthur called for a motion. Council Member Orton made a motion to approve a Conditional Use Permit for a detached garage with a height of 16 feet 6 inches located at 2570 East 2300 South Circle, Robin Vaughn, applicant. Council Member Gardner seconded. The motion passed unanimously. CONDITIONAL USE PERMIT - Ray Snyder asked Council Members to consider approval of a Conditional Use Permit to construct a five-story Hilton Garden Inn with a height up to 63 feet 8 inches to the roof peak and 55 feet to the roof midpoint, located on Convention Center Drive north of the Dixie Center. Ellsworth Paulsen Construction, applicant. Council Members acknowledged that they had seen these plans before as the applicant worked their way through the process and had no further questions. Mayor McArthur called for a motion. Council Member Gardner made a motion, which was seconded by Council Member Whatcott, to approve a request for a Conditional Use Permit to construct a five-story Hilton Garden Inn with a height up to 63 feet 8 inches to the roof peak and 55 feet to the roof midpoint, located on Convention Center Drive north of the Dixie Center. Ellsworth Paulsen Construction, applicant. The motion passed unanimously. Kevin Ence, project representative, approached Council and thanked them for the opportunity to build this project. He acknowledged they have been working on this project for over a year with the Army Corp of Engineers and the Hillside Review Committee, etc. He said they hope to start construction in Spring 2004 and finish by Summer 2005. He said they have a bank, restaurant and several other businesses committed. CONDITIONAL USE PERMIT - Ray Snyder asked that Council consider approval of a Conditional Use Permit to construct a four-story Marriott Courtyard Hotel up to 54 feet in height to the roof peak and approximately 48 feet to the roof midpoint, located at 170 South 1470 East, east of River Road. River Road Commercial, LLC, applicant. Mr. Synder showed slides with views of the project site from differing viewpoints and comparable buildings. He said he felt the location is good and that a five-story Crystal Inn has been approved on the other side. He also felt the building would not block the view of the historical district. Hearing no further questions or comments, Mayor McArthur called for a motion. Council Member Orton made a motion to approve a request for a Conditional Use Permit to construct a four-story Marriott Courtyard Hotel up to 54 feet in height to the roof peak and approximately 48 feet to the roof midpoint, located at 170 South 1470 East, east of River St. George City Council Minutes March 18, 2004 Page Fourteen Road. River Road Commercial, LLC, applicant. Council Member Allen seconded and the motion passed unanimously Council welcomed Mr. Ball, CEO of Ball Ventures to the podium. He thanked the Council for the opportunity to build this project and promised it would be a wonderful addition to the community. He told them it would be connected to the Dixie Center by a walkway and house an upscale restaurant, lounge and 4000 sq. ft. of conference space as well as an outdoor pool and reception area. He thought construction could begin on April 15 and they would be open by Spring 2005. STAFF REPORTS Exemption from Conservation Rate - Phillip Peterson asked that Council consider approval of an application for exemption from the water conservation rates for commercial users if their winter and summer water use varies by 20% or less. He said there appears to be about 90 accounts that could fall into this category. He said it is doable for staff and for the computer system, if Council approves the program. Having discussed this program extensively, Mayor McArthur called for a motion. Council Member Gardner moved to approve a program whereby commercial users may apply for an exemption from the water conservation rates if their winter and summer water use varies by 20% or less. Council Member Whatcott said he understands the fairness of the program and the need to encourage wise water use, but wondered what affect this would have on the Water Department?s budget if 90 accounts were to be exempted. Mr. Peterson replied that the conservation rate cash flow is not incorporated into the Water Department?s budget or Capital Improvement Plan and, therefore, would not have any adverse affect. Council Member Whatcott asked why 20% was the number used. Mr. Peterson said that is the amount of reduction in water usage that the City hopes to promote, so that became the number to use. With those explanations, Council Member Whatcott seconded the motion and it passed unanimously. WATER SHARE TRADE Gary Esplin asked that the Council consider a trade with Jack and Donna Adams of three Millcreek Water Company shares for three shares of Washington Field Canal Company water. He said these shares are roughly equivalent on a gallon per gallon basis. He said the City is are not currently using all its Millcreek water, while Washington Field water can be used at the St George and Southgate golf courses. Hearing no further questions or comments, Mayor McArthur c...

...n carried. AWARD OF BID: Consider award of bid for grass seed for the golf courses and softball facility. Purchasing Agent Sue Swensen stated they did received 5 bids. A very specific blend of seed was specified. The low bidder decided to submit an alternate seed. They are recommending that they go with the second bidder Helena Chemical. The amount of the bid is $101,680. MOTION: A motion was made by Council Member Orton to award the bid to the second low bidder, Helena Chemical, in the amount of $101,680. SECOND: The motion was seconded by Council Member Bunker. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. AWARD OF BID: Consider award of bid for two Harley Davidson motorcycles for the Pole Department. City Manager Gary Esplin stated that at the last meeting, July 15th, they approved the purchase of the Harley Davidson motorcycles on the State contract. Before they took the forms and moved forward with that, the local Harley Davidson motorcycle store matched the bid. So he wants to bring this back to council. Under the City?s policy they do have the local preference for local bidders. Instead of going with a State contract on this one that the City sets up a contract with the local Harley Davidson shop. MOTION: A motion was made by Council Member Whatcott to change the bid to Zion Harley Davidson and have the local vendor meet the request. SECOND: The motion was seconded by Council Member Gardner. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. BEER LICENSE: Consider approval of beer licenses for the Sunmart 887, Sunmart 953, Sunmart 890, Sunmart 954, and Sunmart 957 convenience stores (the former Tri-Mart stores). Petroleum Wholesale, LP, applicant. City Manager Gary Esplin stated this is a request for several beer licenses for a new owner of the previous owned Tri-Valley. There will be five beer licenses for the Petroleum Wholesale, LP. Council Member Whatcott asked the City Attorney Shawn Guzman if they would need to state the five stores as part of the motion? City Attorney Shawn Guzman replied for the council to say ?as noted in the agenda.? Council Member Orton inquired on most beer licenses don?t they put the license in the name of the managers or is it just the company? Business License Specialist Laura Woolsey stated the license is under the president or the vice president, someone who has a strong holding in the company. In this case, it is the president of the company that is applying for this beer license. MOTION: A motion was made by Council Member Whatcott to approve the beer licenses for the five Sunmart stores as listed in the agenda. SECOND: The motion was seconded by Council Member Orton. St. George City Council Minutes August 5, 2004 Page Four VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. BEER LICENSE: Consider approval of a beer license for Steve?s Mini Mart at 851 W. Sunset Blvd. Cameron Lorn Hanson, applicant. City Manager Gary Esplin stated this is another change of ownership request for a beer license. MOTION: A motion was made by Council Member Orton to approve the beer licenses for Steve?s Mini Mart as listed in the agenda. SECOND: The motion was seconded by Council Member Whatcott. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. TRAILER LEASE: Consider approval of a Dinosaur Track Site gift shop trailer lease. City Manager Gary Esplin said this is a request for a gift shop trailer that is being donated to the Dinosaur Track by Darcy Stewart. The lease is about a $1.00 a year. The City Attorney has drawn up the lease agreement. Council Member Whatcott stated that Mr. Stewart has been very generous and working very well with the Dinosaur Tracks owning the property across the street. MOTION: A motion was made by Council Member Whatcott to approve the lease agreement for the trailer being donated by Darcy Stewart. SECOND: The motion was seconded by Council Member Gardner. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. Council Member Bunker would like to suggest that the Council make a formal thank you to Mr. Stewart. BUSINESS LICENSE: Consider approval of an ice cream truck mobile catering license. Eugene Okos, applicant. City Manager Gary Esplin said they have reviewed the license application and it does have to be approved by the Mayor and City Council with an approved route plan. It is the suggestion from our Business License Officer that the following conditions be placed on this license. No vending is allowed in City facilities with contract concessions, no parking for extended periods of time, and no vending during special activities (i.e., First Night, Marathons, etc. ) Cheryl Yenzer asked if there was a regulation on the noise level? Mayor McArthur replied there was a noise ordinance. He asked Chief of Police Marlon Stratton what the noise level was for the City. Chief of Police Stratton replied in excess of 200 ft. Cheryl Yenzer also questioned about the time of operation. Business License Specialist Laura Woolsey stated that the time of operation is not specified in the zoning ordinance. The applicant is requesting 8-10 p.m. so if you want to limit that make it part of the motion. City Attorney Shawn Guzman stated it would have to be done across the board though. He stated the ordinance might have to be changed. Perhaps change the time to dusk. MOTION: A motion was made by Council Member Whatcott to approve the ice cream truck mobile catering license. SECOND: The motion was seconded by Council Member Orton. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. St. George City Council Minutes August 5, 2004 Page Five SET PUBLIC HEARINGS: Community Development Director Bob Nicholson reported that the Planning Commission, at its meeting held July 27, 2004, recommended that public hearings be scheduled for September 2, 2004 at 5:00 p.m., or any date thereafter, to consider the following items: 1. A zone change request from R-1-10 (Single-Family Residential) to M-1 (Manufacturing) on 514.335 acres located on River Road and south of the existing Ft. Pierce Industrial Park and north of the ?white dome? geological hillside formation. Gilbert Jennings is the applicant. Community Development Director Bob Nicholson stated that the Planning Commission recommended approval with a 6-0 vote subject to revising the northwesterly boundary line adjacent to Price City Hills to be within the slope percentage of less than 15%. This is to avoid hillside development permit requirements as required by the applicant. 2. A zone change request from RE-12.5 (Residential Estates) to R-1-10 (Single-Family Residential) on 22.57 acres located at 1900 East and Middleton Drive. DKGMC L.C./NHB Family Partners, applicants. Community Development Director Bob Nicholson stated the Planning Commission recommended denial to the Council with a vote of 4-2. The majority of the Planning Commission felt the animal rights of the existing property owners would be in jeopardy with a zone change that prohibits animal rights, along with several other factors. MOTION: A motion was made by Council Member Orton to schedule the public hearings for September 2, 2004 at 5:00 p.m. as recommended by the Planning Commission. SECOND: The motion was seconded by Council Member Bunker. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. FINAL PLAT: Community Development Director Bob Nicholson reported the Planning Commission, at its meeting held July 27, 2004, recommended approval of the following final plats. This final plat is not on your agenda tonight stated Bob. It is Wailea Falls at Sunbrook. This was tabled at the last meeting because of some landscape issues. The issue is the improvements that need to occur between the cart path and to the units themselves. This hasn?t been done. Brian McMullin is here to represent the applicant. Brian stated it is not complete. Their understanding was that they would complete between the property lines and the golf course as they completed the homes. Apparently this is not what the City wanted. So they are prepared to move forward and landscape that area and have it done within 60 to 90 days prior to any CO?s given on the houses they have under construction. Mayor McArthur questioned if this was covering even the ones that were already constructed? City Manager Gary Esplin stated the change made was for the new plat. Where they were designing the cart path. The old one was already done. So the problem there, which needs to be addressed, they are going to do this as the units get built even on the first phase. That will leave gaps in-between so it looks like it is not finished. Brian McMullin said one of the other issues out there is a pile of rock. They actually moved that rock over to another project. Since then they have created another pile of rocks and they would like to move that pile of rock into a nearby hole on this project. The council did not want us to do any more grading out there but they could push this pile of rocks into the hole and mitigate the lava pile. They have not disturbed any of the black lava rock. St. George City Council Minutes August 5, 2004 Page Six City Manager Gary Esplin stated that if Council added to the motion that it is their intent to complete the landscaping adjacent to the golf course prior to construction of the homes. MOTION: A motion was made by Council Member Gardner to approve the final plat Wailea Falls Phase 2 at Stonebridge with the stipulation that the landscaping adjacent to the golf course be completed prior to construction of the homes and with authorization for the Mayor to sign. SECOND: The motion was seconded by Council Member Orton. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. PRELIMINARY PLAT: Consider a preliminary plat request for Tuscany Ridge with 100 single-family residential lots located at 360 North and 1600 West. Brent Goodwin, applicant. Bob Nicholson stated that Tuscany Ridge is in an R-1-8 zone. The site is basically located on Sunset and behind Sunset Elementary. There is one lot that needs to be enlarged. Mayor McArthur asked if there was a discussion when they will finish 540 North. Rick Rosenberg stated the first phase will connect up to 360 North on the bottom. They will go ahead and put the improvements in across the frontage of Phase 2 at the same time as Phase 1. MOTION: A motion was made by Council Member Orton to approve the preliminary plat for Tuscany Ridge with the condition on the changing of the phases SECOND: The motion was seconded by Council Member Gardner. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. PRELIMINARY PLAT: Consider a preliminary plat request for Tonaquint Hills with 5 commercial lots located west of Dixie Drive at approximately 1500 South. Gail Maxwell, representative. Bob Nicholson presented Tonaquint Hills Subdivision for 5 lots located just west of Dixie Drive and 100 South. There was a little issue that came up with the Planning Commission where the staff will have to sit down with the developer and get the location of a road in the valley and where it will tie into Dixie Drive. It will need to be resolved. MOTION: A motion was made by Council Member Whatcott to approve the preliminary plat for Tonaquint Hills. SECOND: The motion was seconded by Council Member Bunker. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. HILLSIDE PERMIT: Consider a request for a hillside development permit for a proposed roadway within the Sunbrook Planned Development. The proposed intersection is located off of Sunbrook Drive between Crystal Lakes Drive and Dixie Drive. Sun Hill Homes, applicant. Assistant Planner Ray Snyder presented the hillside request which is located at Sunbrook Drive and Dixie Drive. The site was excavated and disturbed during the early 1990's. At that time there was a dirt road put in. The proposed road will follow along that route. The site does contain expansive soils. Three-fourths of the way up is really the subject area. Distance here is where the golf cart will go under and wind their way down. St. George City Council Minutes August 5, 2004 Page Seven Mayor McArthur asked if the developer will put the cart path under or is this something the City will have to do? City Manager Gary Esplin replied staff has a discussion going on with this right now. When the golf course was built in 1989 the idea was to run the cart path along the r...

... $1700 per ton for a total of $125,800. This seed will be used for all the golf courses, ballfields and cemeteries. Helena is now a local vendor. The price went down 5.3% from last year. MOTION: A motion was made by Councilmember Shakespeare to award the bid to Helena as recommended. SECOND: The motion was seconded by Councilmember Almquist. VOTE: Mayor McArthur called for a vote, as follows: Councilmember Shakespeare - aye Councilmember Almquist - aye Councilmember Bunker - aye Councilmember Pike - aye Councilmember Nickle - aye The vote was unanimous and the motion carried. CHANGE ORDER: Consider approval of a change order for additional improvements in the paving and lighting project at the Replacement Airport. Purchasing Manager Connie Hood advised the amount of the change order is $1,906,020. City Manager Gary Esplin explained the correct amount is $1,791,479 for widening of Taxiway B and other improvements as discussed previously. This extra work is still within the overall budget of $160,000,000 for the airport. MOTION: A motion was made by Councilmember Nickle to approve the change order in the amount of $1,791,479. SECOND: The motion was seconded by Councilmember Almquist. St. George City Council Minutes May 6, 2010 Page Four VOTE: Mayor McArthur called for a vote, as follows: Councilmember Nickle - aye Councilmember Almquist - aye Councilmember Shakespeare - aye Councilmember Pike - aye Councilmember Bunker - aye The vote was unanimous and the motion carried. PUBLIC HEARING/PLAT AMENDMENT: Public hearing to consider approval of a plat amendment to adjust the lot lines between Lot 32 of Artesia Terrace Subdivision and Lot 7 of Augustus Point Subdivision and to realign the public utility easements along the new lot lines. Ben Shakespeare, applicant. Councilmember Shakepspeare declared a conflict of interest and left the dais. Community Development Director Bob Nicholson displayed exhibits of the current lot configuration. He explained that the individual lot owners want to adjust the boundaries. At the time of subdivision platting there was not good coordination between the two subdivisions and easements did not correspond with lot lines. The request has been reviewed by staff and the Planning Commission and both recommend approval. Approval is also needed to amend the plats and abandon the easements. New easements will be dedicated as part of the plats. Mayor McArthur opened the public hearing. There being no public comment, he closed the public hearing. MOTION: A motion was made by Councilmember Almquist to approve the plat amendment and realignment of easements. SECOND: The motion was seconded by Councilmember Bunker. VOTE: Mayor McArthur called for a vote, as follows: Councilmember Almquist - aye Councilmember Bunker - aye Councilmember Pike - aye Councilmember Shakespeare - aye Councilmember Nickle - aye The vote was unanimous and the motion carried. Councilmember Shakespeare returned to the dias. PUBLIC HEARING/ZONE CHANGE/ORDINANCE: Public hearing to consider approval of a zone change on a portion of lot from Open Space to R-1-10 located at 1443 W. Fairway Road. Paul Linford, applicant. City Planner Craig Harvey explained the owner would like to change a portion of his property currently zoned Open Space to R-1-10 in order to put a small storage structure on the property. The Open Space zone does not allow this. There are two options - to rezone the entire property, or rezone just enough to allow the applicant to build the structure. The Planning Commission recommended that only the portion of the lot needed for the structure be rezoned. Only 3'10" of the structure will be above street level and the views of neighbors will not be obstructed. Paul Linford, applicant, advised that he spoke with developers in the area and none could recall an instance where a residential lot had two zoning classifications imposed upon it. He stated he felt discriminated against because his lot had dual classifications. He stated he has gone to a great deal of expense to create a sideyard that will beautify the area. There will be no obstructions to neighboring views. The grade has been dropped eight feet below street level and he has no intention of building anything to obstruct views of the golf course or Arizona strip. He stated he wanted to enjoy the same zoning class as his neighbors and is willing to record an addendum to his deed that would restrict the lot from ever being subdivided or building anything over 4' high. St. George City Council Minutes May 6, 2010 Page Five Mayor McArthur opened the public hearing. There being no public comment, he closed the public hearing. City Manager Gary Esplin commented that this particular parcel of property was not part of the original Bloomington subdivision. A number of years ago the City was contacted by the Bloomington Country Club who wanted to subdivide properties to generate income. When they were developed they were sold as golf course frontage, even though they did not have frontage. Some lots which were proposed were not approved. A few lots had restrictions with double zoning. There are other lots in the City with dual zoning, such as lots along the river, etc. The Planning Commission thought their recommendation served the applicant’s purpose and keeps intact the integrity of the previous agreement with the Bloomington Country Club and residents when the public hearing was held. Staff supports the Planning Commission’s recommendation. MOTION: A motion was made by Councilmember Nickle to approve the Planning Commission’s recommendation to rezone a portion of the property to allow Mr. Linford to build his building while keeping the remainder in Open Space. SECOND: The motion was seconded by Councilmember Bunker. VOTE: Mayor McArthur called for a roll call vote, as follows: Councilmember Nickle - aye Councilmember Bunker - aye Councilmember Shakespeare - aye Councilmember Pike - aye Councilmember Almquist - aye The vote was unanimous and the motion carried. PUBLIC HEARING/ZONE CHANGE/ORDINANCE: Public hearing to consider approval of a zone change for all of Block 30, Plat B, St. George City Survey, from R-1-C to RCC, consisting of approximately 6.2 acres located between 300 South and 400 South and between 400 East and 500 East. James and Karen Nicks, applicants. City Planner Craig Harvey explained this block is the only block in the City zoned R-1-C and is a single family conservation zone. There are, however, quite a number of multi-family homes on the block. Both the RCC and R-1-C zones are medium density residential. The R-1-C zone allows only single family homes on lots of 8,000 sq. ft. or larger. In the RCC zone, duplexes or other multi-family dwellings are designated as conditional uses and must meet certain design standards. The primary purpose of both the R-1-C and RCC zones is to preserve the downtown character of the zones. Neighbors are concerned that if the zone is changed, then more duplexes will be built on the block. There are only four lots in the entire block on which duplexes could be built. Two petitions were circulated, with 57% of the property owners agreeing with the zone change request, 16% against the zone change, and 27% not signing the petition at all. The Planning Commission recommends approval. James Nicks, applicant, explained he purchased the house from a friend and then found out there were a number of problems with the home and it had to be torn down. He is now upside down in the property. The neighborhood will not retain the value of a single family home and he would like to obtain a conditional use permit to build a duplex on the property. He stated he was planning on potentially living in one of the duplexes if he could obtain the financing. Mayor McArthur opened the public hearing. Connie Stewart commented there are already parking problems on the block caused by multi-family dwellings. She stated she wanted the R-1-C zoning to remain in place. Georgia Barker commented that multi-family dwellings create parking problems. She urged the Mayor and City Council to deny the request. Sharon James read a statement in opposition to the request. Dick Werner expressed opposition to the request because of its possible effect on property taxes. St. George City Council Minutes May 6, 2010 Page Six Sharon James commented that with regard to the second petition, it was never brought around for her signature, and more neighbors would have signed against the zone change if they had been presented with the petition. Mr. Nicks advised that he knocked on every door, but did not get a response every time. He circulated two different petitions and took four turns around the block. There being no further public comment, Mayor McArthur closed the public hearing. Councilmember Shakespeare commented she was involved in the process when the downtown was rezoned. The RCC zone was a compromise with those who wanted to develop and those who wanted to preserve. She inquired why the City would want to open the door to more multi-family homes in this area when it is trying to protect owner occupancy. She stated that rentals can become a health and safety issue for neighborhoods and the R-1-C zone is a protection for this neighborhood and the community as a whole. She stated she was opposed to the zone change request. Councilmember Almquist commented that only four lots on the block meet the requirements for multi-family dwellings and the Nicks’ lot is one of those. Councilmember Bunker commented that in the election process her whole focus was on neighborhoods and retaining their stability and building them into single family walkable neighborhoods, especially in the downtown area. She stated that while the Nicks are good friends, she has to look beyond the emotion and relationship and go with the integrity of the neighborhood. She stated that single family homes are needed to keep the downtown vibrant. MOTION: A motion was made by Councilmember Shakespeare to deny the request. SECOND: The motion was seconded by Councilmember Bunker. VOTE: Mayor McArthur called for a roll call vote, as follows: Councilmember Shakespeare - aye Councilmember Bunker - aye Councilmember Pike - aye Councilmember Almquist - no Councilmember Nickle - no The motion carried. RESOLUTION: Consider approval of a resolution adjusting common boundary lines with Washington City. Community Development Director Bob Nicholson explained a resolution is needed to declare the City’s intent to adjust boundary lines with Washington City. Both cities will run this process concurrently. The first step is to declare the intention to adjust the boundaries. Once the resolution is adopted there is a 60 day public notice period and public hearings before the ordinance can be adopted. Mayor McArthur explained the property being de-annexed by the City of St. George is on the north end of the runway. MOTION: A motion was made by Councilmember Pike to approve the resolution. SECOND: The motion was seconded by Councilmember Almquist. VOTE: Mayor McArthur called for a roll call vote, as follows: Councilmember Pike - aye Councilmember Almquist - aye Councilmember Shakespeare - aye Councilmember Bunker - aye Councilmember Nickle - aye The vote was unanimous and the motion carried. RESOLUTION: Consider approval of a resolution adopting the City’s preliminary budget for fiscal year 2010-2011. St. George City Council Minutes May 6, 2010 Page Seven City Manager Gary Esplin explained that under State law, the budget officer has to submit to the governing body the proposed preliminary budget at the first meeting in May. The budget is accepted and then the public hearing process begins. The General Fund this year is $40,431,927. Last year the General Fund was $40,902,400. Enterprise funds are around $100,000,000. There is no proposed property tax increase and no changes in any fee structure in the General Fund. There will be discussion with regard to the Energy Services Department and a recommendation from the Water and Power Board. There will also be ongoing reorganization and staffing level reviews which are not reflected in the budget. He complimented Budget and Financial Planning Manager Deanna Brklacich for an incredible job putting the budget together. He commented that the budget would be on-line tomorrow with public hearings held in May and June and final adoption of the budget by the end of June. MOTION: A motion was made by Councilmember Bunker to approve the resolution adopting the preliminary budget. SECOND: The motion was seconded by Councilmember Almquist. VOTE: Mayor McArthur called for a roll call vote, as follows: Councilmember Bunker - aye Councilmember Almquist - aye Councilmember Shakespeare - aye Councilmember Nickle - aye Councilmember Pike - aye The vote was unanimous and the motion carried. BEER LICENSE: Consider approval of an off-premise beer license for Walgreens located a 391 W. St. George Blvd. Margarita Kellen, applicant. City Manager Gary Esplin explained that approval is needed for two locations, one on St. George Blvd. and another on Sunset Blvd. The applicant is the same for both locations. The application meets City requirements. MOTION: A motion was made by Councilmember Pike to approve the license for both locations. SECOND: The motion was seconded by Councilmember Nickle. VOTE: Mayor McArthur called for a vote, as follows: Councilmember Pike - aye Councilmember Nickle - aye Councilmember Almquist - aye Councilmember Bunker - aye Councilmember Shakespeare - aye The vote was unanimous and the motion carried. EXTEND MAJOR COMMERCIAL STREET DESIGNATION/ORDINANCE: Consider extending the “major commercial street” designation on River Road from 300 South to 700 South. Dixie Regional Medical Center, applicant. and Consider approval of an ordinance amending Section 9-13-4(B)(1)(c), St. George City Code, to extend the “Major Commercial Street” designation on River Road from 300 South to 700 South. City Manager Gary Esplin explained there is an addendum to the agenda for approval of an ordinance if the Council decides to extend the major commercial street designation. When the Sign Ordinance was amended it required monument signs rather than pole signs on certain streets that were not designated as major commercial streets. On River Road that major commercial street determination went to 300 South. Councilmember Pike commented that for the record, he works for IHC who is the applicant, but on the advice of the City Attorney, he is going to participate in the discussion and vote as the items do not impact him directly or financially. St. George City Council Minutes May 6, 2010 Page Eight Community Development Director Bob Nicholson explained that as part of the Sign Code, certain streets have been designated as major commercial streets. When a street has 70% or more frontage zoned commercial, the City Council shall consider designating such street as major commercial. In this case staff looked at the frontage on River Road to 700 South, and 88% of it is zoned commercial. Dixie Regional Medical Center has requested permission to place a 22' tall sign to be located on Medical Center Drive and River Road. Mayor McArthur inquired if a lower, wider sign would not accommodate IHC’s need. Mr. Nicholson replied that the applicant can have a sign up to 15' tall under the current code. Terri Draper, representing Dixie Regional Medical Center, advised that a directional sign is needed as people are having difficulty finding the Sports and Performance Center. The sign also needs to be elevated so it can be better seen. Space will be left on the sign for future development. The primary reason the sign is needed is to provide directions and identify the area. DRMC is conscious of aesthetics but needs to adequately direct people and feels a 22' sign is adequate. It needs to be visible for those not familiar with the campus. Councilmember Pike inquired about a wider sign. Ms. Draper replied a taller sign is more visible. Councilmember Almquist commented that DRMC took a 15' wider sign and made it 22' and narrower. Ms. Draper replied this was to be consistent with other IHC facilities. Councilmember Almquist inquired why the sign was made narrower. Ms. Draper replied there is the option of doing more smaller, directional signs, but IHC’s professional design company would like all signage for facilities to look the same and there is more room for copy on larger signs. IHC would like to place this larger sign so they do not have to replace it when more buildings are built on the campus. The copy on the sign must be large enough to be read by people traveling 40 mph in their vehicles. Councilmember Almquist commented that by deleting the logo at the top of the sign the sign could be reduced to 18' in height. Ms. Draper replied they are working within parameters for corporate guidelines. A vertical sign allows room for additions while providing what is needed today. City Manager Gary Esplin advised that when staff originally received this request, there was concern that the taller sign was not necessary. However, they eventually felt a directional sign was needed as there is confusion at that intersection. This is the main entrance to the hospital. They could also have placed another sign along River Road, so staff feels this sign is a good compromise. Staff supports the request as long as it is agreed to keep the sign on 700 South and River Road to a maximum of 15' in height. Councilmember Almquist said he did not want to set a precedent and what was to prohibit the request to designate River Road down to 900 South as a major commercial street for signage. He stated there is a lot of wasted space on the sign. He stated he felt the logo could be made smaller. City Manager Gary Esplin inquired of Mr. Nicholson if he knew of other properties on River Road from 300 to 700 South that this change might affect. Mr. Nicholson replied that Verizon has inquired about signage and could possibly request a taller sign. Mr. Esplin replied he thought the area where Verizon is located is a PD and the signage plan was already in place. Mr. Nicholson replied that nothing could prevent them from asking for an amended PD. St. George City Council Minutes May 6, 2010 Page Nine Mr. Esplin commented in his opinion River Road is a major commercial street. Councilmember Almquist commented there is not a single pole sign on the main street in Logan yet everyone still finds their way around. City Manager Gary Esplin replied that the City Council should look at the project campus, the acreage, the College building, and two more buildings yet to be built. There is a combination of services and DRMC is looking for a way to direct traffic to the buildings. Mr. Nicholson advised that sign spacing is one monument sign per every 200' of frontage and one pole sign for every 300' of frontage. Councilmember Bunker expressed concern about what other businesses along River Road would be able to do. City Manager Gary Esplin replied that the City would have to give its approval. Councilmember Pike commented that while he prefers monument signs, this request comes as a result of feedback from people who have been confused and don’t know where the buildings are located. He stated he would support the request from a directional standpoint, and in order to do that it has be to big enough and wide enough. MOTION: A motion was made by Councilmember Bunker to approve adoption of the ordinance amendment and approve the request for major commercial street designation to 700 South. SECOND: The motion was seconded by Councilmember Shakespeare. VOTE: Mayor McArthur called for a roll call vote, as follows: Councilmember Bunker - aye Councilmember Shakespeare - aye Councilmember Nickle - aye Councilmember Pike - aye Councilmember Almquist - no The motion carried. REQUEST TO PURCHASE CITY PROPERTY: Consider a request to purchase City property at 2350 East 3000 South. John Fleming, applicant. Mayor McArthur announced that this item is not a public hearing. City Manager Gary Esplin explained when the City purchased this entire property it was a farm owned by the Rosenbruchs. The City knew the School would be looking for a site in that area, and as predicted, the City sold some of the property to the School District. Mr. Fleming came to the City when it was in the middle of a master plan amendment process and wanted to develop his property. He is the adjacent property owner. At that time staff and the City Council allowed Mr. Fleming to go forward with his zone change request. The City owns two acres to the west of his property bordering the street, and it also owns the balance of property around the school to the south and west. It purchased 30+ acres and sold 11 to the School District. At that time the City Council allowed the zone change to go forward, but then Mr. Flemings project was turned down and he redid his plans and resubmitted them to staff. He asked staff if he should include the City’s two acres in his project. At that time the City Attorney advised staff that it would be presumptuous of staff to rely on actions of the previous City Council. Staff’s recommendation is to find out how the new City Council feels about declaring this property surplus and selling it to the adjacent property owner. Mr. Fleming has circulated a map showing the parcels of property mentioned. The purpose of this agenda item is to determine if the property is surplus to the City’s needs. Councilmember Bunker inquired what the City would do with the property if it didn’t sell it to Mr. Fleming. Councilmember Pike replied it is a two acre parcel and is across the street from the school. With everything the City has invested in this area, he suggested the City hold onto it and not sell it. St. George City Council Minutes May 6, 2010 Page Ten Councilmember Shakespeare agreed with Councilmember Pike. Councilmember Pike commented that the City owns other land by the school and it should sit on the land and wait and see. Councilmember Shakespeare suggested the two acre parcel could be used as a community garden which would be beneficial to teach the school children how to garden. Councilmember Pike commented that the school might someday need additional parking. John Fleming, applicant, commented that he has spent years and tens of thousands of dollars proposing various developments and came to rely on staff and City Council and management that this is the highest and best use for the property. He stated with or without the City’s piece, he was going to build on his property. He stated he has worked with staff for years on access and now he will have to develop it differently. He stated he was not clear on why the City did not want to sell the property and developing the contiguous property with his makes the most sense. Community Development Director Bob Nicholson advised that the two acre parcel is currently zoned AG-1. City Attorney Shawn Guzman advised that the highest and best use for the property is not a factor in deciding whether or not to sell the property. To sell property is in the sole discretion of the City Council and is not based on the highest and best use. Mr. Fleming inquired about what would happen to the development of the property next door and access as discussed with the previous City Council. Mr. Guzman replied that this was still not a factor, and the decision of whether to sell the property or not is not based on adjacent property issues or access. Councilmember Nickle commented he did not like the feeling of this City Council being bound by decisions of previous City Councils, as everything changes. He stated he agreed with Councilmember Pike and it might be beneficial to retain the property. Mr. Fleming commented that this issue has been considered for years by other City Councils and planning staff, and while he is not saying this City Council should be bound by decisions of past City Councils, this project has had a lot of consideration over time. MOTION: A motion was made by Councilmember Pike to deny the request to sell the City property. SECOND: The motion was seconded by Councilmember Shakespeare. VOTE: Mayor McArthur called for a vote, as follows: Councilmember Pike - aye Councilmember Shakespeare - aye Councilmember Bunker - aye Councilmember Almquist - aye Councilmember Nickle - aye The vote was unanimous and the motion carried. CHANGE ORDER/BETTERMENT AGREEMENT: Consider approval of a change order for Phase 2 of the Southgate Golf Course Remodel/Dixie Drive Interchange Project. Rick Rosenberg advised that as of today two of the greens are completely sodded, and another is 70% sodded. Three fairways have been seeded. City Manager Gary Esplin explained the interchange project is a state project but the City will benefit from the new interchange and new connection for traffic in the City. Mr. Rosenberg is the engineer for the project, paid by the state. The City’s employees have done the design of the golf course remodel and it will be ready for play October 1. The state reco...

... due to a shortfall in revenues they are requesting a fee increase for the Golf Courses. City Manager Gary Esplin explained that there has been a decrease in the number of rounds that are being played. He said that if they don?t increase the golf fees, the $200,000 difference between revenues and expenses would have to come from another area or source. There was a general discussion about customer service at the various courses and about having different rates for seniors and for residents. Mr. Loo replied that they have a secret shopper program that had been implemented and he would be getting feedback from them. City Manager Gary Esplin stated that he felt the golf rates, with the recommended increases, would be comparable to other courses in the area. There was discussion about the cash cards and looking at ways to reward the golfers who golf more frequently or for people who are property owners in St. George. He stated that they would continue to explore ways to address the concerns about customer service and golf rates. Mr. Loo handed out a concept for the Red Hills Club House. ...

...ay periods. Expenses are being monitored closely. Weather has impacted the golf course fund. The General Fund is basically okay. MOTION: A motion was made by Councilmember Pike to approve the financial statement. SECOND: The motion was seconded by Councilmember Almquist. VOTE: Mayor Pro Tem Bunker called for a vote, as follows: Councilmember Pike - aye Councilmember Almquist - aye Mayor Pro Tem Bunker - aye Councilmember Shakespeare - aye Councilmember Nickle - aye The vote was unanimous and the motion carried. AWARD OF BID: Consider award of bid for two International chassis for the Energy Services Department. Purchasing Manager Connie Hood explained this is a state bid with Rush Truck Center of Salt Lake City for two chassis cabs for the Energy Services Department. They will become two bucket trucks when outfitted. The amount is $171,204. St. George City Council Minutes January 20, 2011 Page Two City Manager Gary Esplin advised this expenditure was approved as part of the budget process. MOTION: A motion was made by Councilmember Shakespeare to award the bid as recommended. SECOND: The motion was seconded by Councilmember Nickle. VOTE: Mayor Pro Tem Bunker called for a vote, as follows: Councilmember Pike - aye Councilmember Almquist - aye Mayor Pro Tem Bunker - aye Councilmember Shakespeare - aye Councilmember Nickle - aye The vote was unanimous and the motion carried. APPROVAL OF AGREEMENT: Consider approval of a Project Services Agreement with TIC to perform a Combined Cycle Feasibility Study for the Millcreek Generation Facility. Purchasing Manager Connie Hood advised the amount of the contract is $34,568. City Manager Gary Esplin explained the Energy Services Department is looking at every possible way to reduce their costs and this is a great example. Exhaust heat from the two gas turbines can possibly be captured to fuel a steam boiler and secondary turbine/generator. MOTION: A motion was made by Councilmember Almquist to approve the agreement. SECOND: The motion was seconded by Councilmember Pike. VOTE: Mayor Pro Tem Bunker called for a vote, as follows: Councilmember Pike - aye Councilmember Almquist - aye Mayor Pro Tem Bunker - aye Councilmember Shakespeare - aye Councilmember Nickle - aye The vote was unanimous and the motion carried. RESOLUTION: Consider approval of a resolution terminating the Shooting Park interlocal agreement. City Manager Gary Esplin explained the City has received a request from Washington County to terminate the Shooting Park interlocal agreement. Several years ago the interlocal agreement was created so that local communities could help to make the facility work. The County has decided it would like to create a special service district instead to run that operation. The interlocal agreement therefore needs to be terminated. MOTION: A motion was made by Councilmember Pike to approve the resolution. SECOND: The motion was seconded by Councilmember Shakespeare. VOTE: Mayor Pro Tem Bunker called for a roll call vote, as follows: Councilmember Pike - aye Councilmember Almquist - aye Mayor Pro Tem Bunker - aye Councilmember Shakespeare - aye Councilmember Nickle - aye The vote was unanimous and the motion carried. RESOLUTION: Consider approval of a resolution for grant funds for expansion of the Reuse Plant. City Manager Gary Esplin clarified the expansion is at the Wastewater reuse plant, not the reuse plant on Brigham Road. St. George City Council Minutes January 20, 2011 Page Three Conservation Coordinator René Fleming explained the plant will be expanded to 13 million gallons. The facility was designed for full expansion, but there was only funding for the first two bays. If awarded, the grant will cover half the cost of completing the third bay for more reuse water capacity. This will allow the City to use more irrigation quality water. The total project is estimated to cost $1,258,000, and the grant request is for $629,000 from the Bureau of Reclamation. City Manager Gary Esplin explained a resolution is needed to approve matching funds. He advised that right now reuse water is used to water City parks, golf courses, and cemeteries. The reuse line is also being extended to the new airport. Ms. Fleming advised the award date is July 1. The entire project will come before the City Council again as part of the budgeting process next fiscal year. Mr. Esplin advised the reuse line runs from the plant to the Ivins reservoir. MOTION: A motion was made by Councilmember Nickle to approve the resolution. SECOND: The motion was seconded by Councilmember Shakespeare. VOTE: Mayor Pro Tem Bunker called for a roll call vote, as follows: Councilmember Pike - aye Councilmember Almquist - aye Mayor Pro Tem Bunker - aye Councilmember Shakespeare - aye Councilmember Nickle - aye The vote was unanimous and the motion carried. HANGAR AGREEMENT: Consider approval of a private hangar agreement with TBM Aviation. City Manager Gary Esplin explained this is a standard lease offered to all private hangar owners at the airport. MOTION: A motion was made by Councilmember Pike to approve the agreement. SECOND: The motion was seconded by Councilmember Nickle. VOTE: Mayor Pro Tem Bunker called for a vote, as follows: Councilmember Pike - aye Councilmember Almquist - aye Mayor Pro Tem Bunker - aye Councilmember Shakespeare - aye Councilmember Nickle - aye The vote was unanimous and the motion carried. LEASE AGREEMENT: Consider approval of a lease agreement with the Dixie Applied Technology Center for the lease of the Tonaquint Retail Center. City Manager Gary Esplin explained it is proposed that economic development funds be used to purchase the Tonaquint Retail Center, and then lease it to the DXATC. DXATC is currently leasing space from Dixie College. Terms of the lease include the payment of $175,000 a year, they will pay the utilities and insurance, with the City having the right to approve any subleases. Staff feels it is a good investment and is a win-win for everyone. City Attorney Shawn Guzman advised the initial term of the lease is for six years, with four one-year options for renewal thereafter. He requested that approval be made subject to legal review. City Manager Gary Esplin stated the actual purchase document will be brought to the City Council for approval. MOTION: A motion was made by Councilmember Almquist to approve the agreement subject to legal review. SECOND: The motion was seconded by Councilmember Pike. VOTE: Mayor Pro Tem Bunker called for a vote, as follows: St. George City Council Minutes January 20, 2011 Page Four Councilmember Pike - aye Councilmember Almquist - aye Mayor Pro Tem Bunker - aye Councilmember Shakespeare - aye Councilmember Nickle - aye The vote was unanimous and the motion carried. DEED EXCESS PROPERTY: Consider approval to deed excess property from the Southgate Golf Course to UDOT for the Dixie Drive Interchange project. City Manager Gary Esplin recommended deeding property to UDOT for the new roadway and interchange. This area is north of Dixie Drive from the old bridge to the interchange, and is property adjacent to the St. George Ford area and office buildings. In exchange, the City received property for new Southgate golf holes. MOTION: A motion was made by Councilmember Shakespeare to approve deeding the property. SECOND: The motion was seconded by Councilmember Nickle. VOTE: Mayor Pro Tem Bunker called for a vote, as follows: Councilmember Pike - aye Councilmember Almquist - aye Mayor Pro Tem Bunker - aye Councilmember Shakespeare - aye Councilmember Nickle - aye The vote was unanimous and the motion carried. SET PUBLIC HEARING: Bob Nicholson advised the Planning Commission, at its meeting held January 11, 2011, recommended that a public hearing be scheduled for February 3 to consider an amendment to the Hidden Valley Fossil Hills PD zone to allow the use of 1.033 acres of Open Space adjacent to Lot 140 of Phase 6 for a private garden, extension of the residential backyard with a swimming pool and golf chipping green. The applicant is Jeff Johansen. MOTION: A motion w...

...ort will come out of the fund balance. He inquired about the status of the golf courses with regard to maintenance and accessibility to citizens. He stated he became aware the City is now a Class Two city, but he has not seen any reports on this and inquired if the City will be managed differently, if there will be an impact on cost, if more meetings are required, and if the form of government is going to change. Mayor McArthur affirmed that the City is now a Class Two city and the City Council is required to meet only once a month, however the St. George City Council will continue to meet weekly. The City meets all requirements. City Manager Gary Esplin explained that City employees did not receive raises this year and will not receive raises next year. The City went out to bid on insurance and deductibles were changed, but employees still have insurance. The City offers a very good package, if not better than what is offered in the private sector. With regard to the new fire station, there are enough funds in the current budget and if costs come in as anticipated enough impact fees will be accumulated to pay for the new station. Equipment will have to be juggled to make the station operational. The City has applied for a grant to staff the station, but if it is not successful, existing staff will be allocated. It may have to be staffed with certified part-time staff. The City is also applying for stimulus funds for the cost of the fire station. He explained that no increases in water and power fees are projected in this year?s budget. With regard to the fund balance, the State allows the general fund to carry 18% of anticipated revenues in the fund balance. The City of St. George carries 10-12%.The City is keeping sufficient revenue in contingency funds for the airport litigation. With regard to the golf courses, they are slow across the country and are down significantly in revenue. The City?s courses are down 13-15% in revenue this year. The City will try to cut down its debt service to provide operating costs, and no increases are proposed. Staff will look at the current rate structure and have a recommendation for the Council when the season starts. Rounds are up but revenues are down which shows that the City has been giving discounts. Council Member Pike commented that the transfer of the $500,000 from the Economic Development Fund to the Golf Fund is consistent with prior years. City Manager Gary Esplin commented that golf courses provide sales tax and revenue for the motels and restaurants. Once the debt service is paid off the golf courses can begin to pay back the Economic Development Fund. Coun...

...ng.    Gregg Kemp asked if the City provides utilities to the golf courses without charge.   Administrative Services Director Trevor Coombs replied not all of golf courses are provided services at no charge. The golf courses are only about $10,000 of the total $390,000 amount; the remainder is water for the parks.    Water Services Director Scott Taylor explained all city owned golf courses are on irrigation water which includes treated reuse water.  Golf courses pay for the share assessments they own in irrigation companies...

...d. APPROVAL OF LEASE: Consider approval of a lease with Intermountain Golf Cars for 162 electric golf carts for the Red Hills, Southgate, and St. George Golf Club golf courses. Purchasing Manager Connie Hood recommended approval of a lease with Intermountain Golf Cars in the amount of $566,457.30. Development Services Director M...

... to consider amending The Ledges Planned Development Plan by modifying the golf course, buffer area, approved units, area allocations of units and densities, short term rentals, and elevations for the east side of The Ledges.  Development Solutions, applicant.   Planning & Zoning Manager John Willis presented the request to amend The Ledges Planned Development Plan by modifying the golf course, buffer area, approved units, area allocations of units and densities, short term rentals, and elevations for the east side of The Ledges.  He presented a PowerPoint presentation covering the following topics: summary of request; aerial map; general plan map; zoning map; original concept plan; current PD development plan; original and currently approved map of the buffer area; proposed development plan; buffer areas example; short term rental proposal; map of existing and proposed short term rentals; photos of sample elevations; photos of sample landscaping and lighting; and photos of sample signage.  After taking public comment and a lengthy discussion, the Planning Commission recommended approval with the following conditions:   1.    Must comply with short term rental requirements per City ordinance. 2.    The Ledges PD will be limited to 2,358 units. 3.    Development along the west and furthest north boundary be limited to 1.2 units per acres and no less than 50’ setback to the main dwelling. 4.    100’ setback buffer be provided along JEL Ranch Subdivision and the north boundary of Winchester Hills.   St. George City Council Minutes September 7, 2017 Page Eleven   5.    Elevation approvals will be limited to the style provided in the exhibits.  Any buildings or proposed elevations that are not similar to the existing escapes subdivision or clubhouse will require a PD amendment. 6.    Reallocation of units and options for detached and attached units is being considered. 7.    PD-R requires that 30% of the development be open space.  The applicant must satisfy that requirement.   Stacy Young, representative for the applicant, explained the application only amends a portion of the Ledges.  It is one master plan, but has two HOA’s and two developers for the project.  In some respect, this amendment is a reversion to the original master plan adopted in 2004, primarily for the lack of feasibility for an 18-hole golf course.  He noted that this proposal is 400 fewer units than originally planned under the original PD and outlined how the units will be redistributed.  There are no proposed changes to the design standard.  He explained the second golf course is not being proposed any longer and noted they will be in excess of the PD requirements for open space.  They are proposing the buffer to create an open space buffer for the neighborhoods.  He explained how the proposed buffer was drafted.  Additionally, they felt it made more sense to provide lot sizes that are compatible with the area.  He has spoken with a number of the Winchester Hills residents to get their input.   Mayor Pike opened the public hearing.  He noted that the comments should be regarding this specific request.   Attorney Lewis Reece who represents Valderra Development presented a packet to the Council.  He noted this is a very involved project and gave a brief history of the property.  His clients are the only party who have successor and interest rights and assignment as declarant on this project.  He outlined their objections as follows:   1.      Changes are being made to the master plan by parties who were not original applicants. 2.      They were not notified when the first amendment was approved; however, they did receive a vague notice for this second proposal. 3.      They would like to enter into a development agreement with these developers. 4.      His clients were not given enough information to make an informed decision.    He noted that just recently, the City began approving applications for development in the area because there hadn’t been power previously.  Other issues that need to be discussed are reuse water on the golf courses.  They are trying to reach an agreement or be a part of t...

...wners and neighbors. AWARD OF BID: Consider award of bid to seal the golf course parking lots. Purchasing Manager Connie Hood advised the request is to award the bid to Holbrook Asphalt in the amount of $98,641.46 to seal all golf course parking lots. City Manager Gary Esplin stated the amount over the budgeted funds in the golf course will be covered by pavement management funds in the Streets Department. MOTION: A motion was made by Councilmember Almquist to approve the golf parking seal in the amount of $98,641.46 to Holbrook Asphalt. SECOND: The motion was seconded by Councilmember Hughes. VOTE: Mayor McArthur called for a vote, as follows: Councilmember Bunker - aye Councilmember Almquist - aye Councilmember Pike - aye Councilmember Hughes - aye Councilmember Nickle - aye The vote was unanimous and the motion carried. AWARD OF BID: Consider award of bid for a front end loader for the Water Distribution Division. Purchasing Manager Connie Hood advised the bid is off the State Contract to purchase a front end loader with Honnen Equipment, a local vendor, in the amount of $130,917.00. MOTION: A motion was made by Councilmember Bunker to approve the bid award for the front end loader in the amount of $130,917.00. SECOND: The motion was seconded by Councilmember Nickle. VOTE: Mayor McArthur called for a vote, as follows: Councilmember Bunker - aye Councilmember Almquist - aye Councilmember Pike - aye Councilmember Hughes - aye Councilmember Nickle - aye The vote was unanimous and the motion carried. AWARD OF BID: Consider award of bid for four F-250 pickups with utility beds for the Parks Division. St. George City Council Minutes September 5, 2013 Page Three Purchasing Manager Connie Hood advised the request is to purchase four pickup trucks. St. George Ford has agreed to match the low bid since they were within 5%. The price for all four trucks is $86,097.96. MOTION: A motion was made by Councilmember Almquist to approve the bid to St. George Ford to purchase four F-250 pickup trucks in the amount of $86,097.96. SECOND: The motion was seconded by Councilmember Hughes. VOTE: Mayor McArthur called for a vote, as follows: Councilmember Bunker - aye Councilmember Almquist - aye Councilmember Pike - aye Councilmember Hughes - aye Councilmember Nickle - aye The vote was unanimous and the motion carried. AWARD OF BID: Consider award of bid for asphalt maintenance of trails. Purchasing Manager Connie Hood advised this request is not to exceed $104,000.00. One bid was received from Holbook Asphalt. The cost is comparable to previous years. Mayor McArthur read the additional comments which include: “bid included 2" Asphalt Overlay at $5.60 per linear ft.. High density Mineral Bond (ATWA Specs) at $.154 center per linear ft., Asphalt Patching at $5.50 per linear ft., Crack Sealing at $.36 cents per linear ft. and Striping at $.24 cents per linear ft.” MOTION: A motion was made by Councilmember Pike to approve the asphalt maintenance bid award to Holbrook Asphalt in an amount not to exceed $104,000.00. SECOND: The motion was seconded by Councilmember Bunker. VOTE: Mayor McArthur called for a vote, as follows: Councilmember Bunker - aye Councilmember Almquist - aye Councilmember Pike - aye Councilmember Hughes - aye Councilmember Nickle - aye The vote was unanimous and the motion carried. SERVICE CONTRACT: Consider approval of the annual O&M service contract for the Millcreek Facility. Purchasing Manager Connie Hood advised this is the annual renewal contract with GE International for the operation and maintenance for the Millcreek facility. It is a sole source in the amount not to exceed $400,000.00, to be billed quarterly. MOTION: A motion was made by Councilmember Bunker to approve the O&M service contract to GE International in the amount not to exceed $400,000.00. SECOND: The motion was seconded by Councilmember Nickle. VOTE: Mayor McArthur called for a vote, as follows: St. George City Council Minutes September 5, 2013 Page Four Councilmember Bunker - aye Councilmember Almquist - aye Councilmember Pike - aye Councilmember Hughes - aye Councilmember Nickle - aye The vote was unanimous and the motion carried. AGREEMENT: Consider approval of an agreement with Alpha Engineering to design and manage the Little Valley Road project. Purchasing Manager Connie Hood advised this request if for an engineering services agreement with Alpha Engineering for the Little Valley Road Project in the amount of $78,491.00. The agreement includes both design engineering and construction management. Also included are surveying and testing which would otherwise be an extra charge. MOTION: A motion was made by Councilmember Hughes to approve the agreement in the amount of $78,491.00. SECOND: The motion was seconded by Councilmember Almquist. VOTE: Mayor McArthur called for a vote, as follows: Councilmember Bunker - aye Councilmember Almquist - aye Councilmember Pike - aye Councilmember Hughes - aye Councilmember Nickle - aye The vote was unanimous and the motion carried. CONTRACT: Consider approval of a contract with Sunrise Engineering for the Indian Hills Drive project. Purchasing Manager Connie Hood stated the request is for a local government agreement with UDOT for preconstruction engineering with Sunrise Engineering. City Manager Gary Esplin advised the City has a match; however the contract is being administered by UDOT because of the funding coming from the MPO. The agreement will include planning, environmental permitting and design of the road and drainage improvements on Indian Hills Drive. The City may reduce the scope of the work for the project during the planning process. Transportation Service Manager Cameron Cutler explained UDOT is paid when they invoice the City. City Manager Gary Esplin stated the goal is to make Indian Hills Drive as safe as it can possibly be as well as a better usable road. MOTION: A motion was made by Councilmember Hughes to approve the Indian Hills local agreement with Sunrise Engineering and UDOT in the amount of $329,798.25. SECOND: The motion was seconded by Councilmember Pike. VOTE: Mayor McArthur called for a vote, as follows: St. George City Council Minutes September 5, 2013 Page Five Councilmember Bunker - aye Councilmember Almquist - aye Councilmember Pike - aye Councilmember Hughes - aye Councilmember Nickle - aye The vote was unanimous and the motion carried. PARK FEE WAIVER: Consider a request for fee waiver for the use of Crosby Confluence Park for the Mustache Dash Fun Run. Teri Iverson, applicant. Teri Iverson advised this will be their 7th run and are requesting a waiver for the use of Crosby Confluence Park. All proceeds will benefit the Southern Utah Chapter of Big Brothers/Big Sisters. MOTION: A motion was made by Councilmember Pike to approve the fee waiver for use of Crosby Confluence Park. SECOND: The motion was seconded by Councilmember Almquist. VOTE: Mayor McArthur called for a vote, as follows: Councilmember Bunker - aye Councilmember Almquist - aye Councilmember Pike - aye Councilmember Hughes - aye Councilmember Nickle - aye The vote was unanimous and the motion carried. STREET CLOSURE: Consider approval of a street closure request for Dixie State University tailgate events. Kalynn Larson, applicant. City Manager Gary Esplin advised for the past several years, the City Council has approved Dixie State University to close 500 South from 600 East to 700 East to hold their tailgate events. Kaylynn Larson stated the tailgate events are free for the community to attend. In addition, they raise awareness for Dixie State University sports programs. City manager Gary Esplin stated there have not been issues in the past. MOTION: A motion was made by Councilmember Bunker to approve the road closure on 500 South from 600 East to 700 East according to the schedule. SECOND: The motion was seconded by Councilmember Almquist. VOTE: Mayor McArthur called for a vote, as follows: Councilmember Bunker - aye Councilmember Almquist - aye Councilmember Pike - aye Councilmember Hughes - aye Councilmember Nickle - aye The vote was unanimous and the motion carried. St. George City Council Minutes September 5, 2013 Page Six SPECIAL EVENT PERMIT FEE WAIVER: Consider approval to use the 4th floor of the Downtown Parking Garage and a special event permit fee waiver for the Dixie High School homecoming dance to be held September 14, 2013. Kayla Spilker, applicant. Kayla Spilker advised they will have approximately 4 police officers and 1-2 members of the school administration. Students will only be allowed to park on the 2nd floor and will use restrooms at Town Square. The students will provide trash cans and clean up after. MOTION: A motion was made by Councilmember Hughes to approve the request to use the 4th floor of the Downtown Parking Garage and the special event fee waiver. SECOND: The motion was seconded by Councilmember Pike. VOTE: Mayor McArthur called for a vote, as follows: Councilmember Bunker - aye Councilmember Almquist - aye Councilmember Pike - aye Councilmember Hughes - aye Councilmember Nickle - aye The vote was unanimous and the motion carried. SPECIAL EVENT PERMIT FEE WAIVER: Consider approval to use the 4th floor of the Downtown Parking Garage and a special event permit fee waiver for the Pine View High School homecoming dance to be held September 28, 2013. Logan Cox, applicant. Logan Cox, Student Body President, advised they would like to use the parking garage from 7:00 p.m. to 11:00 p.m. Student Council Members get in free if they clean up and decorate, therefore clean up will be provided. Security and supervision will be provided by 10 advisors from the school and 2 school resource officers. MOTION: A motion was made by Councilmember Almquist to approve the request to use the 4th floor of the Downtown Parking Garage and the special event fee waiver. SECOND: The motion was seconded by Councilmember Hughes. VOTE: Mayor McArthur called for a vote, as follows: Councilmember Bunker - aye Councilmember Almquist - aye Councilmember Pike - aye Councilmember Hughes - aye Councilmember Nickle - aye The vote was unanimous and the motion carried. USE OF DIXIE SUN BOWL: Consider a request to hold the Festival of Colors at the Dixie Sun Bowl to be held on October 19, 2013. Charu Das & Mark Kemp, applicants. Charu Das advised they would like to hold the Festival of Colors at the Dixie Sun Bowl. In 30 color events in the world. They believe the Sun Bowl is a great place to host this event and will clean up the colors. St. George City Council Minutes September 5, 2013 Page Seven Councilmember Bunker commented the Lions Club will re-seed after the rodeo, therefore, it will be dirt. City Manager Gary Esplin stated that staff felt if it will be used for events it will not be re-seeded until the spring. MOTION: A motion was made by Councilmember Bunker to approve the request to use Dixie Sun Bowl. SECOND: The motion was seconded by Councilmember Hughes. VOTE: Mayor McArthur called for a vote, as follows: Councilmember Bunker - aye Councilmember Almquist - aye Councilmember Pike - aye Councilmember Hughes - aye Councilmember Nickle - aye The vote was unanimous and the motion carried. PUBLIC HEARING/FINAL PLAT AMENDMENT/ORDINANCE: Public hearing to consider a final plat amendment for Twin Creeks at Stonebridge Phase 3. Project Manager Todd Jacobsen presented a final plat amendment for Twin Creeks at Stonebridge Phase 3 located at approximately 2045 West 510 North Circle, zoning is PD-R. The purpose of the amendment is to change Note 2 on the final plat to give Lot 21 a 10 foot side yard setback, or the westerly boundary, instead of a 20 foot side yard setback. Mayor McArthur opened the public hearing. Seeing none, he closed the public hearing. MOTION: A motion was made by Councilmember Nickle to approve the final plat amendment by ordinance. SECOND: The motion was seconded by Councilmember Hughes. VOTE: Mayor McArthur called for a roll call vote, as follows: Councilmember Bunker - aye Councilmember Almquist - aye Councilmember Pike - aye Councilmember Hughes - aye Councilmember Nickle - aye The vote was unanimous and the motion carried. PUBLIC HEARING/PLAT AMENDMENT/ORDINANCE: Public hearing to consider a final plat amendment for Riverside Heights Plat “H” Subdivision. Project Manager Todd Jacobsen presented a final plat amendment for Riverside Heights Plat “H” Subdivision located at approximately 2940 East and 110 North, zoning is R-1-6. The purpose of the amendment is to eliminate Lot 126 and its associated public utility easement. City Manager Gary Esplin advised the City Council recently approved the contract. St. George City Council Minutes September 5, 2013 Page Eight Mayor McArthur opened the public hearing. Seeing none, he closed the public hearing. MOTION: A motion was made by Councilmember Bunker to approve the final plat amendment by ordinance. SECOND: The motion was seconded by Councilmember Pike. VOTE: Mayor McArthur called for a roll call vote, as follows: Councilmember Bunker - aye Councilmember Almquist - aye Councilmember Pike - aye Councilmember Hughes - aye Councilmember Nickle - aye The vote was unanimous and the motion carried. PUBLIC HEARING/PLAT AMENDMENT/ORDINANCE: Public hearing to consider a final plat amendment for Jedora Estates Phase 2. Project Manager Todd Jacobsen presented the final plat amendment for Jedora Estates phase 2 located at approximately 2000 East and 2710 South Circle, zoning is R-1-10. The purpose of the amendment is to vacate the drainage easement that exists over the entire lot of Lot 62. Mayor McArthur opened the public hearing. Seeing none, he closed the public hearing. MOTION: A motion was made by Councilmember Almquist to approve the final plat amendment by ordinance. SECOND: The motion was seconded by Councilmember Nickle. VOTE: Mayor McArthur called for a roll call vote, as follows: Councilmember Bunker - aye Councilmember Almquist - aye Councilmember Pike - aye Councilmember Hughes - aye Councilmember Nickle - aye The vote was unanimous and the motion carried. PUBLIC HEARING/BUDGET AMENDMENT/RESOLUTION: Public hearing to consider amendments to the Fiscal Year 2013-2014 budget. City Manager Gary Esplin advised this is the first budget opening for the year. Proposed adjustments are: 1) To budget for a federal S.L.O.T. grant from the Dept. Of Homeland Security to send detectives to the California Gang Investigator Association Conference; 2) To budget for a new grant from Workforce Services to fund an After-School Program at East Elementary School; 3) To budget for a new grant from the FAA to perform a mandated Wildlife Hazard Assessment study for the new airport. The Federal portion is 90.94% and the City’s match is 9.06%; 4) To carry forward last year’s budget for emergency repairs of the netting at the Southgate Golf - Driving Range due to damage caused by recent high wind storms. The ...

...ment with Suburban Land Reserve and Property Reserve, Inc. at the Sunbrook Golf Course. Budget and Financial Planning Manager Deanna Brklacich explained approval of this agreement will clean up boundaries and address a golf cart easement at the Sunbrook Golf Course. City Attorney Shawn Guzman advised that golf courses don’t always follow correct boundary lines and encroachments have been found at the Sunbrook Golf Course. This agreement is an effort to clean up those boundaries and t...

...D: Consider award of bid for the purchase of grass seed to over-seed the golf courses. Purchasing Agent Sue Swensen presented the following bids: Rye Seed Company Bid Variety Agro-Tec Seed Co. $30,900 Navajo/Omega III Blend Pennnington Seed, Inc. $36,000 Jet/Sonata Blend Green Resources $41,400 Palmer/Prelude Blend Granite Seed $42,000 Palmer/Prelude Blend Helena Chemical Co. $43,200 Palmer/Prelude Blend Blue/Rye Mix Company Bid Variety Pennington Seed, Inc. $15,300 Jet/Sonata & Apollo Bluegrass Granite Seed $16,200 Palmer/Prelude & Midnight Bluegrass Agrono-Tec Seed Co. $17,000 Navajo/Omega III & Midnight Bluegrass Green Resources $19,000 Palmer/Prelude & Preakness Bluegrass Helena Chemical Co. $20,000 Palmer/Prelude & Preakness Bluegrass She recommended award of the bid to the low bidder meeting specs, Green Resources, in the amount of $60,400. All the golf superintendents recommend use of the Palmer/Prelude and Preakness Bluegrass varieties. Golf Director Dave Terry distributed a hand-out rating Preakness Bluegrass higher than Midnight Bluegrass and explained from experience Preakness works better in our environment and drought conditions. He explained the purpose of overseeding the golf courses. He then introduced the City’s Golf Superintendents: Jerome Jones, Steve Larsen, and Dean Cooper. A mo...

.... The motion carried. AWARD OF BID: Consider award of bid for leased golf carts. Purchasing Agent Sue Swensen presented the bids received: Intermountain Golf - Club Car Carts Electric carts, gross amount $396,798.85 Gas carts, gross amount $ 89,971.05 Gross Total: $486,769.90 Trade-in allowance Net Amount: $408,769.90 Residual: $750.00/cart St. George City Council Minutes September 18, 2003 Page Two Highland Equipment - Yamaha Carts Electric carts, gross amount $409,014.90 Gas carts, gross amount $ 89,183.70 Gross Total: $498,198.60 Trade-in allowance Net Amount: $425,198.60 Residual: $650.00/cart She recommended award of the bid to the low bidder, Intermountain Golf, in the amount of $408,769.90. City Manager Gary Esplin explained that the City will be paying the bid amount over five years, with a reduced payment the first year because of the trade-in allowance. A motion was made by Council Member Whatcott and seconded by Council Member Orton to award the bid to the low bidder, Intermountain Golf, in the amount of $408,769.90. Mayor McArthur called for a vote, and all voted aye. The motion carried. AWARD OF BID: Consider award of bid for a used backhoe for the Sunbrook Golf Course. Purchasing Agent Sue Swensen presented the bids received: ...

... resort hotel, Etc.), Industrial (airport friend development), Open Space (golf course, floodway) and designations for related mixed use. Leucadia Corporation, applicant. 2. Consider approval of an amendment to the General Plan Land Use Map by changing the designation from High Density Residential to Professional Office and Commercial on 11.26 acres located at the planned intersection of Riverside Drive and 1200 South. Ence Homes applicant. St. George City Council Minutes April 20, 2000 Page Seven 3. Consider approval of an amendment to the General Land Use Map by changing the designation from Low Density Residential to Commercial on 2.19 acres located at the southwest corner of the planned intersection of 1400 West and Snow Canyon Parkway. Allen Carter, applicant. 4. Consider approval of an amendment to the General Plan Land Use Map by changing the designation from Medium Density Residential to Commercial on 7 acres located on the southeast corner of 1680 East and 280 North. Larry Belliston, applicant. 5. Consider approval of a zone change from R-1-10 Single Family Residential to C-2 Highway Commercial on 7 acres located on the southwest corner of 1680 East and 280 North, Larry Belliston, applicant. Mayor McArthur called for a motion. Council Member Orton made a motion that Pubic Hearings be set for May 18, 2000, at 5:00 p.m. to discuss the items approved by the Planning Commission in their April 11, 2000 meeting. Council Member Whatcott seconded and the motion passed unanimously. Conditional Use Permits Jubilee Home Jim McGuire asked that the Council consider a request for approval of a Conditional Use Permit to build an addition to the Jubilee Home at 209 East 500 South. The Foundation of Dixie Regional Medical Center, applicant. Mr. McGuire explained that Dixie Regional Medical Center had originally been approved to remodel a home owned by the hospital and adjacent to the Jubilee Home on the east side, for offices and bedrooms. The house was subsequently found to be unsuitable and they are now asking to be allowed to enlarge the Jubilee Home. He told Council Members that the neighbors had voiced concerns over parking if new offices were built in this area. They already feel parking is inadequate. The new plan will offer three additional offices and three additional bedrooms. Council Member Whatcott expressed the Council?s support of the Jubilee House, but wondered if the hospital was taking advantage of this situation to create offices instead of maximizing the number of bedrooms. Kerry Hepworth, Dixie Regional Medical Center, explained that the hospital needs more space. It would be advantageous to office the Jubilee House staff at the home and free up the hospital offices for hospital staff. She emphasized that they do not want to compromise the mission of the home, and that this would be a short-term arrangement until office space can be built on their River Road campus in five years or less. At that time the offices in the Jubilee Home would be converted to bedrooms. Council Members wanted confirmation that these offices would only be used for staff connected with the Jubilee House. Ms. Hepworth assured Council they would. When asked what services were provided by the Jubilee Foundation, she stated that they are fund raisers for the home as well as other parts of the hospital. Council Members asked about the occupancy rate of the Jubilee Home. She stated that overall it runs about 68% full. The home has four bedrooms now and this plan will add three. They provide about 1000 nights of occupancy per year, of which approximately 20% is charity. She reiterated that the offices will be placed on the River Road campus as soon as possible and the house office space converted to bedrooms. St. George City Council Minutes April 20, 2000 Page Eight Council Members expressed the concerns of the neighborhood about parking along 400 East. Ms. Hepworth responded that the Hospital is sensitive to the problem and is trying to alleviate it by requesting that all staff and visitors park in off street parking along the west of the hospital. She admitted that staff who use the east door have resisted this plan. After the discussion was concluded, Mayor McArthur called for a motion. Council Member Whatcott made a motion that the Condition Use Permit for an addition to the Jubilee Home at 409 East 500 South, be approved, with conditions as follows: revocation of the old Conditional Use Permit received last January, providing adequate parking, approval of an additional conditional use permit if the old house is to be used again, maintaining the landscaping in the front yard of the old house, and abandon the lot line between the two homes. The condition use permit will be reviewed in one year. Council Member Allen seconded and the motion passed unanimously. Wireless Communication Tower on Dixie Regional Medical Center Jim McGuire asked that Council consider approval of a Conditional Use Permit for a wireless communication roof-top antenna on the elevator shaft at Dixie Regional Medical Center, 544 South 400 East. Western Wireless, Inc., applicant. Mr. McGuire showed photographs with the four 10-foot antennas superimposed atop the elevator shaft. Mr. McGuire told Council Members that the Zoning Ordinance specifies a height of only 8 ft. above an equipment room. He pointed out that Council will have to decide if an elevator shaft should be treated the same as an equipment room. Council Members discussed this point and felt that it should be considered the same in order to satisfy the spirit of the Zoning Ordinance. The applicant was asked if they could function with 8 ft. antennas rather than 10 ft. They were unsure. Jonathan Wright indicated that if an 8-foot antenna were approved and it was decided they need 10 ft., they could go the Board of Adjustments and request a variance. George Brock, Western Wireless, said they would be willing to accept the 8 ft. limit. Mayor McArthur called for a motion. Council Member Whatcott made a motion to approve a Conditional Use Permit for an eight-foot wireless communication roof-top antenna on the elevator shaft Dixie Regional Medical Center, 544 South 400 East. Western Wireless, Inc., applicant. Council Member Isom seconded and the motion passed unanimously. Sign Committee Appeal Mayor McArthur asked if the applicant was present for this item. As he was not, the item was tabled. Beer License and Restaurant Liquor License for Applebee?s Restaurant Gary Esplin asked that the Council consider a request for approval of a beer license and local consent for a restaurant liquor license for Applebee?s Restaurant at 150 South River Road. He told Council Members that the request has been reviewed by the Police Department and the application is in order. John Prince, Franchisee for the State of Utah and Dave Honey, Manager came to the podium to answer Council?s questions. They told Council that the restaurant will open May 8. Council Member questioned the applicants to assure themselves that the application was in order and that all criteria had been met. There was a discussion regarding why a license must be issued to one person and not a corporation. City Attorney Jonathan Wright explained that if legal action must be taken, it must be taken against a person. The screening process was discussed and Council was told that if the person listed on the application quits his job and another person is instated, that person must go through the screening process, but it would not have to come back to Council. St. George City Council Minutes April 20, 2000 Page Nine Council Member Isom made a motion to approve a request for approval of a beer license and local consent for a restaurant liquor license for Applebee?s Restaurant at 150 South River Road with the stipulation that all legal criteria are met. Council Member Allen seconded and the motion passed unanimously. Beer License for Sun River Golf Course Clubhouse Gary Esplin asked that Council consider a request for approval of on-sale and off-sale beer licenses for the Sun River Golf Course Clubhouse and operation. He explained that although they had applied for both on-sale and off-sale, according to City policy they could only have one license. Golf Club Representatives had opted to apply for off-premises sales. Council Member Whatcott made a motion to approve a request for approval of an off-premise beer license for the Sun River Golf Course Clubhouse and operation. Council Member Orton seconded and the...

...maximum of 2400 housing units. The new revised plan shows a second 18 hole golf course, the fire station site has been moved, park locations have been changed, housing density will remain the same (approved up to 2450 dwelling units), and minor changes to the road layout have been made. There are public streets on the east side of U-18 and private streets on the west side, with the exception of the frontage road. 76% of the area will be in some form of open space, golf course, or natural area. The other change proposed is a resort/spa location on the west side of U-18 northwest of the JEL subdivision. The Planning Commission recommends approval subject to public access being provided to the natural area. The applicants have agreed to provide the public access, as well as to Snow Canyon State Park. They are also providing additional storm water detention. Hans Kuhni, representing the Ledges, advised that a very high end five star hotel component with a world class spa is planned. The hotel will be a major service provider in the hotel industry. Noble Keck, a resident of Winchester Hills, expressed concern with water run-off from the Ledges, the height of the cluster homes in relation to his property and lighting. He stated he moved here from Ohio in September and his realtor told him the Ledges property adjacent to his home was supposed to be one unit per acre. He expressed concern with loss of his view, dust during construction, and water. He stated he did not know how high the proposed road by his home would be nor the distance between the road and his lot. He suggested that the lots should not be clear-cut until they or sold or a home is ready to be built. He stated he would like to review the elevations of the proposed dwellings to see how they will affect his view. He asked that consideration be given to use of low pressure high sodium lighting to maintain the night sky. He suggested that the golf course not plant so much grass and leave some areas natural. Natalie Montoya, a resident of Winchester Hills, stated the Ledges had done a nice job so far. She agreed with Mr. Keck that not so much grass should be planted and grass is certainly not needed in the roundabouts. She expressed concern with the location of the hotel and spa and traffic created by the hotel and spa. She expressed concern that her view of Snow Canyon would be blocked by the hotel and spa. Lance Allred, a property owner in the area east of where the spa will be located expressed frustration with the City as he called and asked if the Ledges plan would be available to review prior to the meeting and was told no. He stated the large commercial area is a significant change to the PD and merits discussion. He stated he would like to know in great detail what the plans are for the area. St. George City Council Minutes December 6, 2007 Page Seven Jerry Harris, a resident of Diamond Valley, advised he moved there to get away from the city and businesses and to live in a nice, quiet area. He expressed concern with the proposed business area and what precedent would be set for expansion. Caryn Magnesen, a resident of Winchester Hills, advised she lives behind tee four and hears a lot of angry golfers. Over the summer she had many golf balls in her yard. She stated it was her understanding a wall was supposed to be put up between the two communities. She stated there was an issue with water pressure and it was her understanding the Ledges tank was supposed to be kept at a certain level. Last month Winchester Hills water board members were kept busy trying to keep Winchester Hills water level up. Also, there is consistent watering going on at the golf course, even during freezing weather. She stated she has issues with w...

... OF BID: Consider award of bid for an irrigation line for the St. George Golf Club. Purchasing Agent Sue Swensen advised that staff has opted to go with the HDPE pipe according to the revised bid schedule. She then presented the bids received for installation of the Bloomington Hills irrigation supply line, HDPE pipe, as follows: Cindy Taylor Trucking $162,778.71 HE Davis Construction $192,310.00 Interstate Rock Products $231,828.20 Trade West Construction, Inc. $300,927.00 She recommended award of the bid to the low bidder, Cindy Taylor Trucking, in the amount of $162,778.71 MOTION: A motion was made by Council Member Orton to award the bid to the low bidder, Cindy Taylor Trucking, in the amount of $162,778.71. SECOND: The motion was seconded by Council Member Whatcott. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. Mayor McArthur inquired about the recent water break. Water Superintendent Frank Kell advised that a 4" water line ruptured by the Rio Virgin RV Park. It is being repaired and the water in the area should be back on within three to four hours. AWARD OF BID: Consider award of bid for two Harley Davidson motorcycles for the Police Department. Purchasing Agent Sue Swensen recommended purchase of the motorcycles off the State contract with Harley Davidson of Salt Lake City in the total amount of $28,436.28. Mayor McArthur inquired about local bids. Ms. Swensen explained that the City gives local vendors the option to match the State contract price, with a 5% local preference, but in this case the local vendor chose not to match the State price. St. George City Council Minutes July 15, 2004 Page Two MOTION: A motion was made by Council Member Whatcott to purchase two Harley Davidson motorcycles off the State contract with Harley Davidson of Salt Lake City in the total amount of $28,436.28. SECOND: The motion was seconded by Council Member Orton. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. AWARD OF BID: Consider award of bid for the Community Arts 3rd floor demolition project. Purchasing Agent Sue Swensen presented bids received for selective demolition of the 3rd floor at the Community Arts Building, as follows: Arnell-West $75,900 BT Builders $156,000 She recommended award of the bid to the low bidder, Arnell-West in the amount of $75,900. MOTION: A motion was made by Council Member Orton to award the bid to the low bidder, Arnell-West, in the amount of $75,900. SECOND: The motion was seconded by Council Member Bunker VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. AWARD OF BID: Consider award of bid for three pedestrian/bicycle bridges for the Santa Clara River trail project. Purchasing Agent Sue Swensen presented the following bids: Bridge America $109,625 Steadfast Bridge $183,950 Wheeler Lumber LLC $105,650 Excel Bridge $103,344 Continental Bridge $110,526 She recommended award of the bid to the low bidder, Excel Bridge, in the amount of $103,344. Mayor McArthur advised that the bridge is a break-away bridge in the event of flooding. MOTION: A motion was made by Council Member Bunker to award the bid to the low bidder, Excel Bridge, in the amount of $103,344. SECOND: The motion was seconded by Council Member Whatcott. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. AWARD OF BID: Consider award of bid for the Santa Clara River trail project. Mayor McArthur announced that this project will complete one of the last sections of trail in the City. Purchasing Agent Sue Swensen explained that four contractors attended the pre-bid meeting and picked up bid packets, but only two submitted bids, as follows: Cindy Taylor Trucking $534,687 H. E. Davis $499,110 She recommended award of the bid to the low bidder, H. E. Davis, in the amount of $499,110. Leisure Services Director Kent Perkins explained that the City received a State grant in the amount of $151,000 for this project, and in order to use the money must finish the project by the middle of December. Council Member Whatcott inquired of Mr. Perkins how this trail compared cost-wise with other trails. Mr. Perkins replied that it was the most expensive piece of trail the City has built so far because of the three bridges. St. George City Council Minutes July 15, 2004 Page Three Mayor McArthur inquired if all the trails were open. Mr. Perkins replied that they were just recently surfaced and striped, but are now open. MOTION: A motion was made by Council Member Orton to award the bid to the low bidder, H. E. Davis, in the amount of $499,110. SECOND: The motion was seconded by Council Member Bunker. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. AWARD OF BID: Consider award of bid for equipment necessary to perform tamarisk removal. Purchasing Agent Sue Swensen advised that staff has been looking for equipment to remove tamarisk and found one that will meet minimum requirements at Valley Crane and Equipment. The track unit equipment is called an ASV RC-100 with a timber axe assembly, at a cost of $74,824. Streets Superintendent Randy Halverson explained that this piece of equipment is used by Grand Junction, Colorado for tamarisk removal and has proven to be very effective. Valley Crane and Equipment has committed to a three to four week delivery time. There are no freight charges because City staff will go get the equipment. MOTION: A motion was made by Council Member Whatcott to approve purchase of the equipment through Valley Crane and Equipment in the amount of $74,824. SECOND: The motion was seconded by Council Member Orton. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. Mayor McArthur commented that Hurricane Scouts would like to join with St. George Scouts for a project and perhaps they could help with this project. They would like to be able to pay a portion of their cost to use the Dixie Center through the project. City Manager Gary Esplin explained that staff will finish removal of the rest of the tamarisk along the Ft. Pearce from the St. George Golf Club to River Road to clean out the channel in case of a storm. He explained that the equipment will cut the trees above the roots and then a chemical will be applied to the roots to kill them. Mr. Halverson explained that the timber axe is an attachment to the machine. The machine will cut the tree, draw it into the machine, and then chew it up and spit it out on the ground. These pieces will also need to be treated so that they do not regenerate. City Manager Gary Esplin explained that as part of the tamarisk removal project, $25,000 has also been allocated for labor expense, and $25,000 for the needed chemicals. It is the City?s intent to ultimately involve everyone along the river. CHANGE ORDER: Consider approval of a change order for the 1550 West Street road reconstruction project. Purchasing Agent Sue Swensen advised that a change order in the amount of $58,115.56 is needed in order to increase quantities of material in order to finish the project. Council Member Whatcott questioned the mobilization costs since the contractor was already on site. Steve Perry explained that A-T Asphalt was not the contractor on the project. Assistant City Engineer Jay Sandberg explained that when the storm drain was installed in 1550 West Street, the City decided to install its reuse line at the same time and redo the entire street. Savings to the other project is about $30,000. Steve Perry explained that A-T Asphalt had to mobilize from another site to 1550 West Street. By combining projects, the City has saved 25% over what it would normally cost to reconstruct the road. Jay Sandberg commented that when the project was originally negotiated with the contractor, the contractor provided his costs from A-T Asphalt, and they were higher than the overall bid price. He negotiated with them and they are willing to use his prices if they are used to do the work. Therefore, there are no overhead costs, but the St. George City Council Minutes July 15, 2004 Page Four contractor would like mobilization costs for his coordination and paperwork. He could have had A-T submit its cost to him and then add 10% to that cost. Council Member Whatcott commented that the City could have bypassed the contractor and contracted with A-T itself. Jay Sandberg replied that the City took the lowest price of items in both bids, and the contractor has been good to work with. MOTION: A motion was made by Council Member Whatcott to approve the change order in the amount of $58,115.56. SECOND: The motion was seconded by Council Member Orton. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. City Manager Gary Esplin explained that with this section of reuse line the City will have about half of the line built. As soon as approval is obtained through the EA, the City will be reimbursed and will move forward. Mayor McArthur announced that the ribbon cutting ceremony for the Dixie Drive bridge will be held the first or second week in August. Public Works Director Larry Bulloch advised that the entire project would be completed in September. RESOLUTION: Consider approval of a resolution adopting the Five County Association of Governments Natural Hazard Mitigation Plan as required by the Federal Disaster Mitigation and Cost Reduction Act of 2000. Assistant to the City Manager, Marc Mortensen, explained that staff has reviewed the Plan. It appears to be vague and the City is already doing most of what is required under the Plan. City Manager Gary Esplin commented that adoption of the Plan by cities has to do with the Five County Association of Governments? funding and qualification for federal grants. The City is already administering this same program through FEMA, and adopting the Plan is merely a formality. MOTION: A motion was made by Council Member Bunker to approve a resolution adopting the Plan. SECOND: The motion was seconded by Council Member Whatcott. VOTE: Mayor McArthur called for a roll call vote, as follows: Council Member Bunker - aye Council Member Whatcott - aye Council Member Orton - aye The vote was unanimous and the motion carried. RESOLUTION: Consider approval of a resolution abandoning an easement between Lots 33 and 34 of the Stone Cliff Subdivision, Phase I. City Manager Gary Esplin explained that John Campos owns both lots and wants to combine them into one lot. The request has been reviewed by the JUC and they have no objections. MOTION: A motion was made by Council Member Whatcott to approve the resolution. SECOND: The motion was seconded by Council Member Orton. VOTE: Mayor McArthur called for a roll call vote, as follows: Council Member Whatcott - aye Council Member Orton - aye Council Member Bunker - aye The vote was unanimous and the motion carried. St. George City Council Minutes July 15, 2004 Page Five BEER LICENSE: Consider approval of a beer license for Three Amigos Market located at 325 N. Bluff. Ricardo Vaca, applicant. City Manager Gary Esplin explained that the application has been reviewed and staff can see no problems or issues that would prevent the license from being issued. Danny Vaca, applicant, explained that the market sells produce and freshly cut meat and he is in the process of implementing a bakery on site. The beer license is an off-premise license, and beer will not consumed on the premises. MOTION: A motion was made by Council Member Orton to approve the beer license. SECOND: The motion was seconded by Council Member Whatcott. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. SPECIAL EVENT PERMIT: Consider approval of a special event permit for a Farmers Market at the Zion Factory Stores. City Manager Gary Esplin explained that this is an annual event and staff recommends approval. MOTION: A motion was made by Council Member Whatcott to approve the special event permit. SECOND: The motion was seconded by Council Member Bunker. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. WAPA CONTRACT AMENDMENT: Consider approval of a Western Area Power Administration contract amendment. City Manager Gary Esplin explained that last year projected energy rates were discussed. At that time the City was aware that its contract amount would be reduced by 28% and took that into account when the rate schedule was figured. This agreement will initiate that reduction due to the drought. Council Member Whatcott commented that as discussed by the City Council and Water and Power Board, the City pays the same price as before, and the rate did not go up. However, the City will be receiving only 72% of the power it used to get because water levels are way down and could get worse. City Manager Gary Esplin stated the City would be replacing power with power from Deseret and others. MOTION: A motion was made by Council Member Orton to approve the contract amendment. SECOND: The motion was seconded by Council Member Whatcott. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. Mayor McArthur inquired of Mr. Solomon how much power the City has contracted for and what its total power usage is. Energy Services Director Phil Solomon replied that the City?s resource team meets on a monthly basis to try and keep its exposure to the market to less than 10%. The majority of this summer the City has been taking approximately 40 MW from Deseret, 20 MW from the Colorado River Storage Project, 16 MW from San Juan, and during peak hours, is receiving Payson power. Idaho and Hunter are secured resources. This week the generators have been run for four to five hours because it was cheaper to run them than to purchase power on the open market. The City purchased insurance in the event DGT trips off and the City has to go out on the market. The highest load peak so far this summer was 138 MW. Council Member Whatcott commented that in the past UAMPS has sold the City all its power, but in the last few months staff has taken over the responsibility of purchasing power and the expertise of staff has gone up greatly, saving the City hundreds of thousands of dollars each month. St. George City Council Minutes July 15, 2004 Page Six Mr. Solomon stated that as volatile as the market is, staff?s goal is to try and honor the current rates. He stated that the City has taken advantage of the WAPA program and has taken it when needed because its prices are better than the UAMPS pool. DEVELOPMENT AGREEMENT: Consider approval of the Augustus Point development agreement. City Manager Gary Esplin explained that the trail currently is close to the road on Snow Canyon Parkway in the area of Augustus Point because at the time of its development the City could not obtain an easement from the property owner. The trail was built on a temporary basis, knowing that it would eventually be moved back to where it should be located. An agreement has been worked out with the developer of Augustus Point which states that he is making a property donation for the trail and will be able to take a tax write-off. The City agrees to construct the trail, and its cost will include landscaping and maintenance of the median and landscaping up to the trail. MOTION: A motion was made by Council Member Orton to approve the agreement. SECOND: The motion was seconded by Council Member Bunker. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. PUBLIC DEFENDER CONTRACT: Consider approval of a Public Defender Contract with LaMar J. Winward. City Attorney Shawn Guzman explained that LaMar Winward has been the Public Defender for a number of years and does a good job in that capacity. He has not received an increase to his contract for a number of years, and he recommended a 10% increase. The increase would result in a contract amount of $21,120. MOTION: A motion was made by Council Member Whatcott to approve the contract. SECOND: The motion was seconded by Council Member Orton. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. ALLOCATION OF CDBG FUNDS: Consider allocation of funds for eligible projects in the Community Development Block Grant Program. City Manager Gary Esplin explained that the City can allocate only 15% to non-profit organizations which may not be housing related. The recommendations for allocation are as follows: $50,000 for Color Country Community Housing One home for Habitat for Humanity Allocation of funds to Dixie Care and Share for architectural and engineering costs Purchase of one Meals on Wheels Truck He commented that this would leave $15,000 - $20,000 for the City?s own project, or it could leave the funds in place to use on other projects. MOTION: A motion was made by by Council Member Bunker to allocate CDBG funds as recommended by the City Manager. SECOND: The motion was seconded by Council Member Orton. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. AGREEMENT FOR WARRANT SERVICE: Consider approval of an agreement with Washington County for warrant service. City Attorney Shawn Guzman explained that there are a large number of outstanding warrants from the Justice Court. The Police Department has hired two new officers to take care of warrants. There has been a good response to the program, and a lot of people are paying their outstanding fines. The agreement provides that Washington County will pay the City $50.00 for every person who responds to the letter or web site, with a maximum of $100.00 for multiple warrants. If an arrest is made, the County will pay the City $50.00. The program has been successful and officers have been serving warrants every day. He advised that it is anticipated advertisement for a new Justice Court judge will go out in August, but it will be October before a new judge will be available full-time. The County has invited the City to sit on the selection panel. St. George City Council Minutes July 15, 2004 Page Seven MOTION: A motion was made by Council Member Orton to approve the agreement. SECOND: The motion was seconded by Council Member Bunker. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. PUBLIC HEARING: Public hearing to receive public comment concerning the Draft Project Area Plan for the Ft. Pierce Economic Development Project Area No. 3. MOTION: A motion was made by Council Member Whatcott to hold a joint public hearing with the St. George Neighborhood Redevelopment Agency. SECOND: The motion was seconded by Council Member Orton. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. Randy Sant explained that the public hearing had been advertised for 30 days, and property owners and taxing entities in the project area and within 300' were notified by letter as required by State statute and the Utah Redevelopment Act. Mayor McArthur opened the public hearing. There being no public comment, he closed the public hearing. RECONVENE CITY COUNCIL MEETING: MOTION: A motion was made by Council Member Orton to reconvene City Council meeting. SECOND: The motion was seconded by Council Member Whatcott. VOTE: Mayor McArthur called for a vote, and all voted aye. ORDINANCE: Consider approval of an ordinance adopting the Ft. Pierce Economic Development Project Area No. 3 Plan, as approved by the St. George City Redevelopment Agency, as the official economic development plan for the Ft. Pierce Economic Development Project Area No. 3, and directing that the required notice of the adoption be given as set forth in the Utah Redevelopment Agencies Act. MOTION: A motion was made by Council Member Whatcott to approve the ordinance. SECOND: The motion was seconded by Council Member Orton. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. Randy Sant commented that as soon as the ordinance is published, a 60 day challenge period begins, as required by law. A recording statement will also be prepared and notices will be sent to taxing districts that the project area and plan have been adopted. Scott Hirschi, Washington County Economic Development Director, stated that this 3rd project area was needed, and others will follow because of the success of the first two project areas. There is a great deal of interest in the Ft. Pierce Industrial Park generated through the ability of the City and RDA to offer incentives through the property tax increment. SET PUBLIC HEARINGS: Associate Planner Mark Bradley reported that the Planning Commission, at its meeting held July 13, 2004, recommended that public hearings be scheduled for August 5, 2004 at 5:00 p.m., or any date thereafter, to consider the following items: 1. A request to vacate Lots 2 and 19 of the Ft. Pierce Industrial Park Subdivision located at 3850 South and 1700 East. Mark Burgess, applicant. 2. A request to vacate the Paragon Cove Townhomes at Stone Cliff - Phase I plat in order to replace it with an amended plat located at Paragon Drive and Stone Canyon Drive. Gail Maxwell, agent 3. A zone change request from Open Space to Planned Development Residential to be included as part of the Sun River PD on 29.458 acres located at approximately 1300 W. Bluegrass Way. Darcy Stewart/SITLA, applicants. St. George City Council Minutes July 15, 2004 Page Eight 4. A request to amend the City of St. George General Plan - Street Master Plan in the Southgate Valley area west of Tonaquint Drive to upgrade 2070 South Street from a 60 foot right-of-way to a minor collector road with a 66 foot right-of-way, and reduce the street right-of-way from 66 feet to 60 feet for the proposed street going west from Tonaquint Drive which aligns with Upper Sir Monte Drive, which extends east from Tonaquint Drive. Ed Burgess, applicant. MOTION: A motion was made by Council Member Orton to schedule the public hearings for August 5 at 5:00 p.m. as recommended by the Planning Commission. SECOND: The motion was seconded by Council Member Whatcott. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. FINAL PLAT: Associate Planner Mark Bradley reported that the Planning Commission, at its meeting held July 13, 2004, recommended approval of the following final plats: 1. Tonaquint Condominiums West subject to the vacation of Lot 3 being recorded. 2. Wailea Falls at Stonebridge Phase 2. 3. Road dedication plat for 1470 East 170 South. 4. Sun River St. George Phase 4. 5. Skyhawk Townhomes 6. Monterey at Stonebridge Phase 3 7. Road dedication plat for Hidden Valley Drive 8. Hidden Valley Townhomes, Phases 1,2,3,4,5,6,7,8 9. The Inn of Entrada Council Member Whatcott commented it appeared the Wailea Falls at Stonebridge Phase 2 project was moving dirt and building up a large hill, yet they have not finished the landscaping on the first phase as promised. He commented he did not feel good about approving the final plat when they had not lived up to their commitment on the first phase. Associate Planner Mark Bradley commented that the grading was complete for pads in Phase 2. City Manager Gary Esplin commented there was no question approval was given to do the project; the question is the line established between the golf course and their project. The City allowed them to use extra property if they landscaped it, and the landscape was supposed to be finished as part of Phase 1. Not all stipulations placed on the Phase 1 plat have been met. He suggested approval of the plat for Phase 2 be tabled until the meeting of August 5. Mr. Bradley commented that staff would support this action, and will be ready to address the matter at the August 5 meeting. MOTION: A motion to approve the final plats and authorize the Mayor to sign them, with the exception of the plat of Wailea Falls at Stonebridge Phase 2, and subject to the recommendations of the Planning Commission, was made by Council Member Bunker. SECOND: The motion was seconded by Council Member Whatcott. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. TABLE FINAL PLAT: MOTION: A motion to table action on the final plat for Wailea Falls at Stonebridge Phase 2 was made by Council Member Whatcott. SECOND: The motion was seconded by Council Member Orton. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. CONDITIONAL USE PERMIT: Consider approval of a conditional use permit for a detached addition to the Abbey Inn at 1129 South Bluff with a height up to 45'6" to the roof peak. Assistant Planner Ray Snyder explained that the applicants propose a 24 room three story building to a height of 45' 6" which will include a banquet room. 24 parking spaces are required. The Planning Commission recommended approval, but was concerned about only one parking space per room. The applicant advised that the intent of the banquet room is for use by hotel guests, and therefore additional parking is not St. George City Council Minutes July 15, 2004 Page Nine needed. The City Code requires one parking space for every 35 sq. ft. of meeting room space in hotels, but does not address banquet rooms. In the past parking has been evaluated on a room basis, not banquet space basis. Shane Wittwer, representing Abbey Inn, explained that the new banquet room would be in addition to the current banquet room. The existing banquet room will, however, lose some of its area for office space. The banquet room is used typically in the day when hotel guests are not using the parking spaces. The banquet room will be able to accommodate 250 at the maximum. Mayor McArthur inquired if the parking lot had ever been full. Mr. Wittwer replied that it has never been full, but in that event, the Abbey Inn has an agreement with the adjacent eye doctors to use some of their parking spaces, but have never had to do this. The Abbey Inn also allows adjacent hotels to use its parking spaces. MOTION: A motion was made by Council Member Orton to approve the conditional use permit. SECOND: The motion was seconded by Council Member Bunker. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. CONDITIONAL USE PERMIT: Consider approval of a conditional use permit for a low volume medical office in a landmark site at 190 South 100 East. Dr. Mike Symond, applicant. This item was tabled at the applicant?s request. CONDITIONAL USE PERMIT: Consider approval of a conditional use permit for a Masonic Lodge in an R-2 zone located at the intersection of 1990 East and Mall Drive. Assistant Planner Ray Snyder explained that the applicant?s conditional use permit was approved twice previously and has expired. The project being presented at this meeting looks totally different. The same colors, however, will be used as originally presented. The Planning Commission questioned having only 21 parking spaces when there will be 66 seats in the building, but recommended approval subject to the following conditions: 1. The applicant shall provide a signed, notarized copy of a development agreement for additional road right-of-way as required by the City Engineering Dept. 2. The applicant shall provide a copy of a signed, notarized reciprocal access agreement for a shared driveway. 3. The reciprocal access agreement shall be reviewed and approved by the City Attorney. 4. Any significant changes to the site plan as presented to the City Council on July 15, 2004 will require further review by the City Council. Minor changes as determined by the Planning Director may be made at staff level. 5. Compliance with all applicant federal, state, county and city regulations or requirements. 6. Any significant changes to the building elevations as presented to the City Council on July 15, 2004 will require further review by the City Council. Minor changes as determined by the Planning Director may be made at staff level. The elevations shall include construction materials and approved colors. 7. A photometric plan shall be submitted to demonstrate that on-site lighting will not create off-site light and glare. 8. Construction plans shall be approved by the Engineering Dept., Building Dept., and Fire Dept. prior to the issuance of a building permit, and no construction activity shall occur until such time. 9. Separate permits shall be obtained for road encroachment, sewer hook-up, water hook-up, grading, retaining walls, building construction, and signage. 10. The landscape plan shall demonstrate the use of drought tolerant materials complimented with a drip system to conserve water use. 11. All required and approved landscaping shall be installed prior to the issuance of a certificate of occupancy and release of utilities. The landscape plan shall show plant size, species, and irrigation materials for City Forester review and approval. Dean Rein, representing the Masons, explained that the Masonic Lodge accepted a bid today for construction of the facility. A three to four month project is anticipated from the start of construction, including the deceleration lane which is being developed by the adjacent student housing project. All other items including the parking lot, curb, gutter, sidewalk, and street improvements are included. St. George City Council Minutes July 15, 2004 Page Ten MOTION: A motion was made by Council Member Orton to approve the conditional use permit subject to the recommendations of the Planning Commission. SECOND: The motion was seconded by Council Member Bunker. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. CONDITIONAL USE PERMIT: Consider approval of a conditional use permit for a 69/138 KV overhead electrical transmission line to connect the River Road substation on Riverside Drive to the Quail Creek substation located in the Washington Fields near 3000 East Street. Assistant Planner Ray Snyder explained that the Planning Commission originally heard this item in late April, but neighboring property owners opposed a portion of the proposed route. The applicant is now back with a new proposal. There has been no opposition to the new line location, and the Planning Commission recommended approval subject to any conditions the City Council may require. Council Member Bunker questioned why the line could not be underground. Mr. Snyder replied it was because of the cost involved and training and manpower needed for maintenance of a line that large in the ground. Council Member Bunker commented that the poles were unattractive. Mr. Snyder explained that there will be steel poles where the line turns. The line connects two electrical substations. Council Member Whatcott inquired if the City could potentially have the same problem it currently has on Red Cliffs Drive and the poles at some time in the future may need to be moved to accommodate another lane of traffic. Energy Director Phil Solomon replied that the City will make the poles as aesthetically pleasing as possible, but the City?s current policy is that it does not bury lines with a voltage greater than 15 KV. It is not economically feasible to do so and requires a lot more equipment and training of personnel to install this size of voltage underground. Usually only cities with a massive density, such as New York or San Francisco, bury lines with this voltage. The current right-of-way has been expanded as far as possible, unless more right-of-way is taken from adjacent property owners. The poles are being placed according to the new master planned road down Riverside Drive. Mayor McArthur inquired if the poles would be placed behind the sidewalk. Mr. Solomon replied that this was the plan, but things change. The power line is a joint project with Dixie REA to back each other up. Dixie REA will assume responsibility for the line once it crosses the river. Council Member Whatcott commented that it was obvious it was not designed to follow the shortest distance between two points in a straight line. Mr. Solomon replied that a straight line would not work as far as maintenance of the right-of-way. The ultimate master plan includes building the line to 138 KV all the way to the Millcreek Industrial Park with a potential generator located there some day. MOTION: A motion was made by Council Member Whatcott to approve the conditional use permit. SECOND: The motion was seconded by Council Member Bunker. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. Mr. Solomon advised that construction of this line was contingent upon negotiations with Pacificorp with regard to transmission issues to the north. If there is a snafu, the line will be delayed. He advised the City Council that the City should be okay this summer and most of 2005 with regard to energy, but there was some concern about 2006. All the energy entities in Southern Utah are working on a contingency plan to keep the power on and a lot of progress has been made. APPROVAL OF MINUTES: Consider approval of the minutes of the regular City Council meeting held June 17, 2004. St. George City Council Minutes July 15, 2004 Page Eleven MOTION: A motion was made by Council Member Whatcott to approve the minutes as