...ved by the City's outstanding park system. The diverse mix of neighborhood parks, community parks, sport facilities and other provide a wide range of activities. The ...

...k Planning Division provides long-range planning and implementation of new parks, regional trails, other open-space recreational facilities, and major upgrades to existing parks and trails. Park Planning updates the City's Parks and Trails Maste

...the event by the City of St. George. • All events hosted in City parks should make reservations online https://www.sgcity.org/parkreservations/ and confirm payment by calling 435-627-4530. Reservations must be secured in advance of submitting the special event application.  Useful phone numbers regarding permits that may be necessary for your event:• Food Handlers Permit: 435-986-2580• Large Tent approval: 435-627-4150• Park Reservations: 435-627-4530• Proof of Insurance clarification: 435-627-4605• Street Closure/Encroachment Permit: 435-627-4006• Temporary Sign/Banner Permit: 435-627-4712• Temporary Utah Sales Tax information: 801-297-6303    What is a Special Event? â€‹Chapter 10, Section 3-10-2:  Defines a "SPECIAL EVENT" as – A temporary event of any of the following or a combination of the following acts:A. Any athletic event, entertainment event, parade, carnival, circus, dance, musical event, rodeo event, fighting event, racing event, live shows, fairs, concerts, block parties, filming event, or outdoor sales event, whether held for-profit, nonprofit or charitable purposes held on private or public property within the city.B. Any organized assemblage at any public park, public square or other city property which gathers for a common purpose or event under the direction and control of a person or entity and which uses more services, amusement devices such as stages, inflatable devices or temporary structures, or equipment, whether provided by the city or a third party, than normally provided to groups which reserve park facilities or other city-owned facilities.C. Events held at the following are not special events under this chapter: 1. A building that has a business located in it that has a current annual business license as an event business;2. A building with an assembly group classification under the International Building Code, as adopted by the city, so long as the event does not exceed the posted occupant load as approved by the city and has a current annual business license, if required; and3. A government-owned facility. D. For purposes of this chapter, city events are not special events, however, events sponsored by the city are special events.A permit is also required for: a. Closing a public street; b. Blocking or restriction of public property, limiting the use of parks by the general public, and streets; c. Offer of merchandise, food, or beverages on public property or on private property where otherwise prohibited by ordinance; d. Erection of a tent on public property, or on private property where otherwise prohibited by ordinance; e. Installation of a stage, bandshell, trailer, van, portable building, grandstand or bleachers on public property, or on private property where otherwise prohibited by ordinance; f. Placement of portable toilets on public property, or on private property where otherwise prohibited by ordinance; g. Placement of temporary "no parking" signs in a public right-of-way.   Special Event Application Process: 1. The event applicant must complete and submit a Special Event Application and COVID-19 Event Planning Template to the Special Event Coordinator (SEC). The Special Event Application can be retrieved from the city’s website or can be picked up at the city office, 175 East 200 North, St. George, UT 84770. 2. Reservation of City parks will be coordinated with a Parks Division representative, who will research the proposed dates/times on the park facility schedule to prevent conflicts with sports and other activities. Please allow at least 5 business days for this process. 3. A Parks Division representative will approve the location/date, collect the Park Reservation Fee, and issue a reservation contract. 4. SEC will review the application and determine if the event requires "Committee Review" or "Non-Committee Review": a. Committee Review: The Special Event Review Committee (SERC) must review the application and meet with the applicant during a SERC meeting. Meetings are held on the first Wednesday of each month. The agenda is prepared by the SEC.  b. Non-Committee Review: The SEC reviews the application and will contact the applicant to inform them of which review process will be required.  5. Fees: a.  Permit Fees are paid at the City of St. George Office - 175 East 200 North, St. George, UT 84770 b.  Park Reservation Fees are paid at the Parks Division Millcreek Facility - 390 North 3050 East, St. George, UT 847...

... loop walking path goes around the park.  One of St. George's largest parks, waiting for your next picnic.

...ea 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 Whatcott and seconded by Council Member Allen to to award the bid to the low bidder, Yamaha, in the amount of $178,268.70. Mayor McArthur called for a vote, as follows: Council Member Whatcott - aye Council Member Allen - aye Council Member Isom - aye Council Member Orton - aye Council Member Gardner - aye The vote was unanimous and the motion carried. SET PUBLIC HEARINGS: Associate Planner Marc Bradley advised that the Planning Commission, at its meeting held August 14, 2001, recommended that public hearings be scheduled for September 13, 2001 at 5:00 p.m. for the following items: (1) An amended Pd Commercial zone for the new IHC Dixie Regional Medical Hospital to be located on the northeast corner of Foremaster Drive and River Road. Also to consider approval of an increased height allowance of up to 96 feet to the highest point. John Pike, agent. (2) An amended PD Commercial zone for a plant nursery to be located west of the cemetery on Dixie Drive. Lilywhite Plant World, applicant. (3) A zone change from R-2 to PD Commercial for a parking lot for the proposed Southern Utah mental health facility west of 400 West and north of the former BLM equipment yard on 200 North. Kevin Flowers, applicant. (4) A zone change from R-1-8 to PD for two separate residential assisted living facility buildings with 12 beds each for a total of 24 beds and 12 detached dwelling units to be located on Tonaquint Drive and Mesa Palms Drive. Gerry Brown, applicant. (5) An amendment to the Zoning Ordinance for yards to be unobstructed - exceptions of Chapter 3 - Supplementary and Qualifying Regulations regarding detached storage sheds. City of St. George, applicant. A motion was made by Council Member Orton and seconded by Council Member Isom to set the public hearings as recommended by the Planning Commission. Mayor McArthur called for a vote, as follows: Council Member Orton - aye Council Member Isom - aye Council Member Allen - aye Council Member Whatcott - aye Council Member Gardner - aye The vote was unanimous and the motion carried. SITE PLAN AND BUILDING ELEVATION: Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held August 14, 2001, made three separate motions concerning this request for approval of a site plan and building elevation for a proposed customer care center, an in-bound calling center located west of the cemetery on Dixie Drive. He advised that the item came before the Planning Commission to determine (1) whether the proposed customer care center is similar in nature to a data processing center, and (2) whether the amended plan is significant enough to warrant a public hearing. The Planning Commission’s motions are as follows: St. George City Council Minutes August 16, 2001 Page Five (1) They found that the use is similar in nature to that of a data processing center. (2) They found that the amended plan is not significant enough to warrant a public hearing. (3) They recommend approval of the site plan and elevation (which will be more of an earth tone rather than blue) subject to the applicants working with City Engineering staff regarding traffic studies, drainage issues, cross-access both on property and adjacent property, and to allow a landscape transfer. Council Member Allen advised that a comment was made at the Planning Commission meeting that wording in the ordinance referring to a data processing center may be outdated. A motion was made by Council Member Orton and seconded by Council Member Allen to approve the request subject to the recommendations of the Planning Commission. Mayor McArthur called for a vote, as follows: Council Member Orton - aye Council Member Allen - aye Council Member Gardner - aye Council Member Isom - aye Council Member Whatcott - aye The vote was unanimous and the motion carried. PRELIMINARY PLAT: Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held August 14, 2001, recommended approval of the preliminary plat for Black Hills Vista. Jeff Morby is the agent. A motion was made by Council Member Gardner and seconded by Council Member Isom to approve the plat as recommended by the Planning Commission. Mayor McArthur called for a vote, as follows: Council Member Gardner - aye Council Member Isom - aye Council Member Whatcott - aye Council Member Allen - aye Council Member Orton - aye The vote was unanimous and the motion carried. PRELIMINARY PLAT: Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held August 14, 2001, recommended approval of the preliminary plat for the Boulders Subdivision Phase V. Steve Sheffield, applicant. A motion was made by Council Member Gardner and seconded by Council Member Whatcott to approve the preliminary plat as recommended by the Planning Commission. 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. St. George City Council Minutes August 16, 2001 Page Six FINAL PLAT: Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held August 14, 2001, recommended approval of the final plat for Royal Oaks Phase 5. Kendrick Rogers, applicant. A motion was made by Council Member Gardner and seconded by Council Member Allen 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 Allen - aye Council Member Orton - aye Council Member Whatcott - aye Council Member Isom - aye The vote was unanimous and the motion carried. FINAL PLAT: Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held August 14, 2001, recommended approval of the Twin Lakes road dedication plat. City of St. George, applicant. A motion was made by Council Member Allen and seconded by Council Member Isom to approve the road dedication plat and authorize the Mayor to sign it. Mayor McArthur called for a vote, as follows: Council Member Gardner - aye Council Member Allen - aye Council Member Orton - aye Council Member Whatcott - aye Council Member Isom - aye The vote was unanimous and the motion carried. FINAL PLAT: Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held August 14, 2001, recommended approval of the final plat for South Towne Square Commercial Condominiums. Bown/Tooke, applicants. Lynette Miller, agent. A motion was made by Council Member Isom 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 Gardner - aye Council Member Allen - aye Council Member Orton - aye Council Member Whatcott - aye Council Member Isom - aye The vote was unanimous and the motion carried. AMENDED FINAL PLAT: Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held August 14, 2001, recommended approval of the amended final plat for the Millcreek Commercial Subdivision. City of St. George, applicant. He explained that the purpose of the amended final plat is to revise the road name of 880 North Street to 850 North Street and to show changes made on 850 North Street on the west end of the plat. A curve was placed on the west end to conform with the development on the property to the west. A motion was made by Council Member Gardner and seconded by Council Member Whatcott to approve the amended final plat and authorize the Mayor to sign it. Mayor McArthur called for a vote, as follows: St. George City Council Minutes August 16, 2001 Page Seven Council Member Gardner - aye Council Member Allen - aye Council Member Orton - aye Council Member Whatcott - aye Council Member Isom - aye The vote was unanimous and the motion carried. FINAL PLAT: Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held August 14, 2001, recommended approval of the final plat for Painted Desert Townhomes Phase 8. Vince Clayton, agent. A motion was made by Council Member Gardner and seconded by Council Member Allen 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 Allen - aye Council Member Orton - aye Council Member Whatcott - aye Council Member Isom - aye The vote was unanimous and the motion carried. FINAL PLAT: Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held August 14, 2001, recommended approval of the final plat for Sedona Hills Townhomes Phase 3. Vince Clayton, agent. A motion was made by Council Member Orton and seconded by Council Member Isom 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 Allen - aye Council Member Orton - aye Council Member Whatcott - aye Council Member Isom - aye The vote was unanimous and the motion carried. FINAL PLAT: Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held August 14, 2001, recommended approval of the final plat for Ironwood Subdivision Phase III. Vince Clayton, agent. A motion was made by Council Member Whatcott 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 Gardner - aye Council Member Allen - aye Council Member Orton - aye Council Member Whatcott - 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 for a garage to 22’ high at 1550 West 3557 South. Jim Gregorius, applicant. St. George City Council Minutes August 16, 2001 Page Eight Associate Planner Mark Bradley advised the Planning Commission recommended approval. Notices were sent to adjacent property owners, but no comments have been received. The garage will set back 10 feet from the side yard property line and 18 feet from the rear yard property line. There are also several other homes in the neighborhood with additional height. A motion was made by Council Member Gardner and seconded by Council Member Orton to approve the conditional use permit as recommended by the Planning Commission. Mayor McArthur called for a vote, as follows: Council Member Gardner - aye Council Member Orton - aye Council Member Allen - aye Council Member Isom - 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 preschool for up to eight students in a home at 2384 East 390 North. Jennae Snow, applicant. Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held August 14, 2001, recommended approval. The applicant plans to operate her preschool in the morning only the first year. She has a teaching degree, and the home has been inspected by the Fire Department. A motion was made by Council Member Isom and seconded by Council Member Allen to approve the request as recommended by the Planning Commission. Mayor McArthur called for a vote, as follows: Council Member Isom - aye Council Member Allen - aye Council Member Whatcott - aye Council Member Gardner - 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 for increased height up to approximately 120’ high for a manufacturing facility to be located in the Ft. Pearce Industrial Park. Ft. Pearce Industrial Park developers, applicants. Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held August 14, 2001, recommended approval. The facility is an automated retrieval system warehouse. The main part of the 100,000 sq. ft. building will be 50-55 feet in height, with the tower portion proposed to be 120’ high. Ft. Pearce Industrial Park developers, applicants. Scott Hirschi, Washington County Economic Development Director, advised that the industrial park is the appropriate place for a building of this height, and the location is sheltered from a view standpoint from all residential areas with the exception of south Little Valley. He advised that he was not aware of any other structures in this area this tall, but the temple is higher and the tabernacle is about that height. A motion to approve the request as recommended was made by Council Member Isom and seconded by Council Member Orton. Mayor McArthur called for a vote, as follows: St. George City Council Minutes August 16, 2001 Page Nine Council Member Isom - aye Council Member Orton - aye Council Member Allen - aye Council Member Whatcott - aye Council Member Gardner - aye The vote was unanimous and the motion carried. City Manager Gary Esplin commented that for the record, the City is concerned about heights, and it is important to note that the proposed location for this building is very far from the downtown area the City is trying to protect from buildings of this height. Council Member Gardner commented it was important to note that just because the request is approved by the City Council, this does not mean the building will be built. However, if the City wanted to exclude itself from being in the running for location of this company, it would not have approved the request. The applicant needs the conditional use permit in order for the proposed company to consider locating here. FEE WAIVER AND USE OF PARKS: Consider a request for a fee waiver and use of neighborhood parks for soccer games. Southern Utah Soccer League, applicant. City Manager Gary Esplin explained that many meetings have been held with regard to this request, as staff was concerned about use of neighborhood parks for this purpose. Community parks are usually scheduled for this purpose. Staff agrees with the applicant’s assertion that it is a non-profit group and would qualify for a fee waiver. However, all available City soccer facilities are scheduled for the fall and winter unless the City Council chooses to allow use of neighborhood parks. Staff is adamantly opposed to introducing organized events such as this in neighborhood parks, but if City Council chooses to do so, it is staff’s recommendation that only Sunset Park and Dixie Downs Park be used. These parks are generally isolated from nearby residences and dissimilar from other true neighborhood parks. He commented that there was no question a soccer complex was needed in the community, but the question remains of whether the City should be providing fields for programs other than those of the City, and this is also of economic concern to City staff. Staff is also concerned that the City of St. George is the only city being asked to supply fields. Since many of the participants are from surrounding communities, those communities should also be asked to provide fields for play. Assistant Leisure Services Director Herb Basso commented that since the City has already scheduled more games than it has fields for, a temporary fix would be to allow use of Sunset and Dixie Downs parks, and recommend use of other communities’ fields. There are currently more needs for fields in the community than fields. Mayor McArthur commented that a distinction can be made for use of Sunset and Dixie Downs parks in that they are located adjacent to schools. City Manager Gary Esplin commented that allowing use of neighborhood parks for organized events such as soccer league games would lead to traffic congestion in neighborhoods, as many neighborhood parks have only one road leading in and out. However, there is adequate access to Sunset and Dixie Downs parks. Council Member Gardner commented that the soccer leagues are good for economic development. He suggested this is a good opportunity to take this momentum and move forward with a soccer complex. Soccer is a growing sport and there is a growing need in the community for fields. Mr. Basso suggested taking the present energy and concern and working together to make the soccer complex a reality. St. George City Council Minutes August 16, 2001 Page Ten Council Member Orton inquired if temporary use of Dixie Downs and Sunset parks would satisfy the needs of the applicant. Mr. Basso replied that there was no other option available, and use of these two parks will relieve some of the demand for fields. Additionally, the applicant has been speaking with other communities about use of their fields. Monica Chadaz, representing the applicant, stated she appreciated the offer to use Sunset and Dixie Downs parks and they would suffice for their needs for the fall. She advised she met with Jim Johnson of the School District about using fields at the schools, as well as speaking with other communities about use of their fields. She advised she understood use of these fields was temporary, and that she and City staff would again meet to discuss use of City fields for the following year. Mayor McArthur commented that the City’s first goal is to accommodate the needs of the community at large, then the needs of others. Rosie Gracias advised she represented the AYSO organization and they have been working with the Southern Utah Soccer League to share fields. She advised the two leagues provide different services for children. Council Member Orton inquired about the fee waiver. Ms. Chadaz replied that if a fee is charged for use of the parks, an increase in dues will be necessary. Three referees are needed on each field, and a competitive program is much more involved than a recreational program. Council Member Orton suggested that further dialogue was needed in the future as there are maintenance and clean-up costs paid for by taxpayers. However, it would not hurt to allow use of two neighborhood parks for this fall season only. He then made a motion to allow use of Sunset and Dixie Downs parks for the fall season only, and waive the associated fees for use of these parks. The motion was seconded by Council Member Allen. Mayor McArthur ca...

What hours are the City parks open? Parks are open sunrise to 10:00 p.m., except in those areas posted with alt...

What hours are the City parks open? Parks are open sunrise to 10:00 p.m., except in those areas posted with alt...

What hours are the City parks open? Parks are open sunrise to 10:00 p.m., except in those areas posted with alt...

What hours are the City parks open? Parks are open sunrise to 10:00 p.m., except in those areas posted with alt...

What hours are the City parks open? Parks are open sunrise to 10:00 p.m., except in those areas posted with alt...

What hours are the City parks open? Parks are open sunrise to 10:00 p.m., except in those areas posted with alt...

What hours are the City parks open? Parks are open sunrise to 10:00 p.m., except in those areas posted with alt...

What hours are the City parks open? Parks are open sunrise to 10:00 p.m., except in those areas posted with alt...

What hours are the City parks open? Parks are open sunrise to 10:00 p.m., except in those areas posted with alt...

What hours are the City parks open? Parks are open sunrise to 10:00 p.m., except in those areas posted with alt...

What hours are the City parks open? Parks are open sunrise to 10:00 p.m., except in those areas posted with alt...

What hours are the City parks open? Parks are open sunrise to 10:00 p.m., except in those areas posted with alt...

What hours are the City parks open? Parks are open sunrise to 10:00 p.m., except in those areas posted with alt...

What hours are the City parks open? Parks are open sunrise to 10:00 p.m., except in those areas posted with alt...

What hours are the City parks open? Parks are open sunrise to 10:00 p.m., except in those areas posted with alt...

What hours are the City parks open? Parks are open sunrise to 10:00 p.m., except in those areas posted with alt...

What hours are the City parks open? Parks are open sunrise to 10:00 p.m., except in those areas posted with alt...

What hours are the City parks open? Parks are open sunrise to 10:00 p.m., except in those areas posted with alt...

What hours are the City parks open? Parks are open sunrise to 10:00 p.m., except in those areas posted with alt...

What hours are the City parks open? Parks are open sunrise to 10:00 p.m., except in those areas posted with alt...

What hours are the City parks open? Parks are open sunrise to 10:00 p.m., except in those areas posted with alt...

What hours are the City parks open? Parks are open sunrise to 10:00 p.m., except in those areas posted with alt...

What hours are the City parks open? Parks are open sunrise to 10:00 p.m., except in those areas posted with alt...

What hours are the City parks open? Parks are open sunrise to 10:00 p.m., except in those areas posted with alt...

What hours are the City parks open? Parks are open sunrise to 10:00 p.m., except in those areas posted with alt...

What hours are the City parks open? Parks are open sunrise to 10:00 p.m., except in those areas posted with alt...

What hours are the City parks open? Parks are open sunrise to 10:00 p.m., except in those areas posted with alt...

What hours are the City parks open? Parks are open sunrise to 10:00 p.m., except in those areas posted with alt...

What hours are the City parks open? Parks are open sunrise to 10:00 p.m., except in those areas posted with alt...

What hours are the City parks open? Parks are open sunrise to 10:00 p.m., except in those areas posted with alt...

What hours are the City parks open? Parks are open sunrise to 10:00 p.m., except in those areas posted with alt...

What hours are the City parks open? Parks are open sunrise to 10:00 p.m., except in those areas posted with alt...

What hours are the City parks open? Parks are open sunrise to 10:00 p.m., except in those areas posted with alt...

What hours are the City parks open? Parks are open sunrise to 10:00 p.m., except in those areas posted with alt...

What hours are the City parks open? Parks are open sunrise to 10:00 p.m., except in those areas posted with alt...

What hours are the City parks open? Parks are open sunrise to 10:00 p.m., except in those areas posted with alt...

What hours are the City parks open? Parks are open sunrise to 10:00 p.m., except in those areas posted with alt...

What hours are the City parks open? Parks are open sunrise to 10:00 p.m., except in those areas posted with alt...

What hours are the City parks open? Parks are open sunrise to 10:00 p.m., except in those areas posted with alt...

...udsmen program will get the word out about the program. PRESENTATION ON PARKS IMPACT FEES: Presentation/discussion with regard to the parks master plan/impact fees. Jason Burningham presented a power point presentation with several options to consider for impact fees. He advised that the proposed scenarios are based on the St. George City Council Minutes September 28, 2006 Page Four City?s recent master plan. City staff has had a philosophical change in its mindset on how it looks at parks impact fees. Historically the City used them to defray costs of development of neighborhood parks and facilities - parks that are beneficial for specific areas and do not provide regional benefit. During the master planning process, it was seen that system improvements, those that have multiple benefits, were not being funded through impact fees, including recreation centers. General obligation bonds were being used to finance these improvements. City Manager Gary Esplin explained that when the park study was done, one of the goals was to have one park within half a mile radius or four acres of park for every 1,000 residents. A community park consists of 15-20 acres and has a ball field or something more structured, other than a trail system. In the past, these community parks have not been funded by impact fees. Leisure Services Director Kent Perkins advised that the standard for a community park is six acres for every 1,000 residents. The four acre standard is for a neighborhood park. Jason Burningham advised that the City?s present level of service is significant and not deficient and the City is providing a high level of service. There is a lack of connectivity with some of the improvements that makes them less beneficial as a system improvement, and he has tried to address some of these issues. If a developer builds an improvement that classifies as a system improvement because of its size, yet there is no connectivity, it should not necessarily qualify as a system improvement. He then presented an overview of proposed impact fees consisting of several scenarios. Carol Sapp inquired if exactions counted toward the payment of impact fees. Mr. Burningham replied that if they were system improvements, they would. City Manager Gary Esplin commented that use of a portion of the impact fees for neighborhood parks with amenities that are accessible to surrounding projects may be possible. If impact fees are imposed for both the land and the development, this may be a heavy burden for developers, but all options are shown for the Council?s consideration. The City?s facilities are also being used by visitors and perhaps this should be taken into account when structuring the impact fees. He inquired if the voters should be given a chance to vote on whether or not to pay for large recreation projects such as recreation centers through bonding, rather than through impact fees. Carol Sapp inquired if facilities built by private entities would fulfill the needs of growth. City Manager Gary Esplin replied that this was exactly why he was suggesting that not all facilities be funded by impact fees. He stated he did not feel there was enough demand to warrant construction of another recreation center. St. George City Council Minutes September 28, 2006 Page Five Mr. Burningham commented that the master plan suggests that the City provide one major recreation amenity per 40,000 residents, but it could look at privatization as fulfilling some of that gap, and this should be looked at. He stated he felt strongly that community parks be paid for by impact fees, with the building of recreation centers and neighborhood parks going either way. He stated that direction was needed with regard to the best approach. Council Member Gardner commented that if developers have to pay for the recreation amenity, they will make it exclusive to them. He stated that pocket parks provide a greater service than the Worthen Park, and it makes sense to have some leverage with the developer to make sure the amenity is for the community rather than developer-exclusive. Jason Burningham commented that whether the cost of amenities are developer exacted or paid for by impact fees, the same bundle of assets is being paid for. Impact fees are intended to pay for system improvements. Neighborhood parks should be defined in the master plan, but as long as they meet certain requirements, they could be classified as system improvements. Council Member Whatcott questioned the guidelines for definition of a neighborhood vs. community park and stated that a line could not be drawn in black and white. Kent Perkins commented that the definition of a park also includes City maintenance. He stated that the definition of recreation center also included aquatic facilities, pools, etc. Mr. Burningham commented that the definition of recreation center could also include tennis courts. Council Member Gardner commented that a City park must be designed to be welcoming. City Manager Gary Esplin commented that this was why impact fees should be used to build a portion of a park, so that the City will have the ability to assure it is inviting and accessible. Council Member Whatcott inquired if criteria for what a park will look like for maintenance purposes, etc. was being created. City Manager Gary Esplin inquired if the standard for acreage was appropriate, as well as the radius standard. Mayor McArthur stated he was comfortable with the current standard for a neighborhood park of four acres per 1,000 residents. Jason Burningham advised that the national standard of a community park is seven to nine acres. He advised that the City has already established a level of service and should not adopt anything less than that. St. George City Council Minutes September 28, 2006 Page Six Council Member Gardner suggested that flexibility was needed with regard to the acreage requirement in the event a piece of property was irregular. Leisure Services Director Kent Perkins advised that there is significant open space in the Ledges area, and the developer has said he would like to turn some of it over to the city for preservation as open space. There should be flexibility to allow an area to remain undeveloped so that grass does not have to be planted to consider the area as a park. Jason Burningham commented that the master plan should be flexible but enough guidelines set so it meets the City?s needs. Mayor McArthur commented that he liked Scenario No. 6, but debt service and some other things would have to be included. Jason Burningham explained that the City can use the pay-as-you-go philosophy, but then the City would not have enough impact fees to defray the costs. He explained that he tried to put some debt in to level out the dips and flows of cash flows and the timing of impact fees. It would not double from the debt service perspective, but would add some cost to any of the impact fee scenarios. Council Member Whatcott inquired how the City could allow developers to put in a park with individual lot owners receiving a credit. Mr. Burningham replied that if the developer wants to be the bank and accelerate it, they can fund the project and enter into an agreement with the lot owners. City Manager Gary Esplin commented that the City could only give a credit for a neighborhood park, not the trails, or community park, and it becomes more complicated when a building permit is issued. Mr. Burningham replied that if a system improvement is being installed, the developer is legally bound to provide an impact fee credit. City Attorney Shawn Guzman commented that the City would have to pay the developer if a system improvement was built. Community Development Director Bob Nicholson inquired if a credit could be given for private park development, like in Sun River. City Attorney Shawn Guzman replied that the City could not legally give a credit for a private improvement. Carol Sapp commented that with regard to private and public recreation centers, the key is not to exclude anyone from being able to use them. The City does not have to fill the entire need of the public because some citizens prefer to use a more upscale private facility. St. George City Council Minutes September 28, 2006 Page Seven City Manager Gary Eslin commented that if Scenario No. 6 is used, a percentage for recreation centers and some debt should be added in, increasing the figure to somewhere around $2,500. Mr. Burningham commented it would be around $2,800-$3,200. City Manager Gary Esplin inquired if staff was being too aggressive on some of the issues it was trying to fund. Council Member Whatcott replied yes, staff was being too aggressive on acreage and population. Council Member Gardner commented that he did not think a recreation center paid for by impact fees was needed in every neighborhood as there are other options. City Manager Gary Esplin commented that adding in all the open space property throughout the City should change the requirement for community parks. Council Member Bunker inquired how a recent survey ranked the recreation facilities as far as usage. Leisure Services Director Kent Perkins replied that trails were rated number one. Council Member Whatcott commented that maintenance on a smaller park would be less expensive than on a larger park. City Manager Gary Esplin commented that Cox Park is four acres and has two tennis courts, sand volleyball, a gazebo, and basketball court, and should qualify as a community park, not just a neighborhood park. He suggested that perhaps acreage required for a neighborhood park should be reduced to 3.5 acres instead of four, and perhaps the population requirement should be changed to four acres per every 1,250 residents. While these may be arbitrary numbers, what is critical is the master plan and that the City have a park in each designated circle area. This may mean only a 1.5 acre park in some places, and four acre parks in other places. Another fact which needs discussing is the fact that the City is subsidizing the rest of the County with its facilities. He commented that these requirements should be revisited each year, especially if the City allows density with height, more acreage will be needed. Leisure Services Director Kent Perkins commented that if something has to be shrunk, the acres required per 1000 residents for a community park is the way to go. Neighborhoods really want neighborhood parks that they don?t have to drive to and places for their kids to practice. Community parks will contribute to the traffic problems. Jason Burningham urged caution in defining everything by acreage. He commented that he was hearing consensus that neighborhood parks may be two to four acres with a certain amount of amenities, and community parks may be four to eight acres, not described so much by acreage as by the amenities which are put in. St. George City Council Minutes September 28, 2006 Page Eight Rick Rosenberg inquired if school playgrounds would come into play as they provide huge practice facilities. Jason Burningham replied that they could be counted if they can be used. He stated that school districts across the state have been difficult to work with as they prefer the public keep off everything except their open space. Carol Sapp urged combining uses with schools. City Manager Gary Esplin commented that the City is a model in the western United States for joint use of facilities. He suggested that Scenario No. 6 might be the way to go. He inquired of the City Council if they wanted to adjust the standards for acreage and population. He was instructed to look at this, as well as debt service. Council Member Whatcott suggested that the standards be more flexible, especially if the amenities are top notch. City Manager Gary Esplin commented that the line between community and neighborhood park is blurred, and it will be a challenge to make it work. Jason Burningham commented that the master plan is written to say that the City?s goal is have four acres per 1,000 residents for a neighborhood park. He suggested that they not get too caught up on acreage other than to set a goal of maintaining the current level of service. Changing the community parks from six to five acres will bring down the fee, as will as using a population figure of 1,200 vs. 1,000. FEMA UPDATE: City Manager Gary Esplin complimented Budget and Financial Planning Manager Deanna Brklacich on securing $860,000 from FEMA for dirt lost at the parks during the flood. Leisure Services Director Kent Perkins advised ...

... Manager Esplin commented the lights are the same height of others in City parks. The lighting is directed down and will run dusk to dawn for the normal operation of the parks. The ball field lights run until about 10 p.m. during the summer. Leisure Services Director Perkins indicated the parking lot lights operate at various times as set by staff. Generally they are on until 10 p.m. or 11 p.m. Staff tries to balance the need for security versus night light pollution. Kent Peterson expressed concern over the lights installed for the basketball court which are tilted up and shine in home and about the timing of the lighting. He asked if the lights could have been lower, with the concrete post they are 28 ? 29 feet tall. He expressed concern that leaving the lights on all night will attract ball players at night and add to the noise in the park. Kirk Bradley suggested using cypress trees as a barrier. He asked about when the ball field lights are turned off. City Manager Esplin indicated basketball courts are lighted as a standard in all the parks. The restrooms can be locked and lights set so they can not be turned on after 10 p.m. There was discussion regarding changing the direction or intensity of the lighting. The type of lighting was discussed. The lights are night sky friendly. There was discussion concerning the use of security lighting. The group discussed when the park will be open. The plan is to open the park at the first of June. The group decided to wait until the park is open and the lights are on to evaluate the situation and determine of the lighting is acceptable or not. Access to the park was discussed as was access to the back of lots in the area. Members of the audience expressed concern regarding potential elimination of access to the back of the lots. City Manager Esplin commented limited access would not be a problem if there were some restrictions on the uses. He recommended the back of the lots be landscaped if access continues to be allowed. Gail Maxwell indicated in the 1999 hearings planting a hedge was discussed. Leisure Services Director Perkins expressed the need to make sure that the home owners in the area understand that the trees may block views when they mature and damaging the trees to regain the view is not acceptable. The date the park was built was discussed; it was built in 1976 or 1978. Gail Maxwell asked for permission to level the equestrian field. The council indicated the work on the equestrian field was approved. An unnamed man summarized that the lights will go off about 10 p.m. City Manager Esplin indicated there will be times when the lights will be on later than 10 p.m. and possibly all night. One or two tournaments a year go on all night long. Mayor McArthur indicated access to the back of the lots will be reviewed by the Legal Department. City Manager Esplin recommended staff draft an agreement detailing the type of access allowed. He doesn?t anticipate a problem with use that is residential in nature, but other uses for access will not be permitted. Discussion concerning the mobile catering ordinance Present for this discussion: Business Licensing Specialist Laura Woosley, Police Chief Stratton, City Attorney Guzman, Sergeant David Moss, Officer Loren Johnson, Director of Administrative Services Vincent, Marc Mortensen, Matt Loo, Finance Director Peterson. City Manager Esplin updated the council on the concerns with the current ordinance. The ordinance requires that caterers be mobile rather than parked in one location, in City parks with concessionaire agreements mobile caterers are not permitted when the concessionaires are open. Other issues include proper licensing, hours of operation, specifically on Sunday. Most concessionaires don?t want to operate on Sunday so there is not a conflict of interest with the concessionaire. The stationary caterers in question are providing a needed service. Staff is considering changing the ordinance to specify that if the concessionaire is not operating then the stationary caterers can operate. The change to the ordinance would allow the City to collect a portion of the revenues and to meet the needs of the community. Marc Mortensen indicated, Mr. St. John, a licensed mobile caterer, has expressed two concerns. One is that mobile vendors and their employees should be required to undergo a back ground check. The other is in regard to the vehicle inspection requirement for mobile caterers. An unnamed man indicated that finger prints have to be sent in at the time of licensing. Laura Woosley explained stationary caterer owners are required to undergo a back ground check, but not employees, she recommended employees also be required to undergo back ground checks. Mayor McArthur agreed with the back ground checks and stated that back up alarms should be required on vehicles. An unnamed man indicated he had a letter of permission from the principal of the school where he operates. City Attorney Guzman commented the school district?s attorney indicated principals can not give permission for this type of activity; it has to come from the district office. The group discussed changing the ordinance to allow stationary caterers. The need for public restrooms and litter was discussed as related to soccer events. There was discussion as to which parks will be used for organized events on Sundays and the fees charged for use of the parks. Currently the Sun Bowl and Bluff Street Park are being used. Finance Director Peterson indicated Lynne Scott has waived the fee for the soccer events. However, she has expressed concerned because the waiver is generally only for one time uses, the soccer league is using it 11 out of 12 months so she recommends charging a use fee. City Manager Esplin commented some of the issues being discussed need to be addressed but are not pertinent to tonight?s discussion. The council discussed possible changes to the ordinance including fees for stationary caters and whether to limit the amount of caterers allowed. How to make the change in the ordinance was discussed. The council expressed agreement that the ordinance should be presented to the council with changes to include back ground checks of employees, allow caterers to be stationary if no concessionaire is open and that vehicles be inspected and have a sticker on the approved vehicles. Council Member Allen asked how many mobile caterers are licensed in the City. Laura Woolsey indicated five of the seven caterers are active. She asked if stationary caterers are allowed at the parks will they also be allowed at the schools and would there be an operating time limit such as 9 a.m. to 5 p.m. There was discussion regarding requiring stationary caterers to provide restrooms and other facilities needed for public events. There was discussion regarding violations such as consumption of alcohol and sales of merchandise such as leather goods. Laura Woolsey indicated one caterer, Mr. Flores, is required by the schools to have portable restroom facilities. City Attorney Guzman commented for the last two Sundays he has gone to the Sunbowl and Coral Cliffs Elementary. He didn?t see any alcohol or other violations; smoking was the worst thing going on. Mr. St. John indicated there are people from other areas that come only on Sunday with special types of merchandise to sell. These vendors don?t have a license and should not be there. He indicated another issue that needs to be addressed is the people that stand around the stable caters and conduct business that is not appropriate. City Manager Esplin commented that if the change in the ordinance creates different problems; the council can address those issues at that time. An unnamed man asked who is selling other types of merchandise; he stated he hasn?t seen leather goods being sold. Mr. St. John asked for the City to designate one person that he can go do if there are problems. He asked for better enforcement to bring these community problems to a halt. The group discussed how to solve the problem. One option is to disallow all mobile caterers. City Manager Esplin stated Ms Woolsey has dealt with specific issues as they have come to the attention of staff. The current problem is a technical violation of the ordinance, but he doesn?t see it as a major problem for stationary caterers to be at the park one day a week. Ms. Woolsey will be the staff member to contact with regard to licensing issues and she can contact the appropriate staff member if there are other problems. As licenses are renewed vendors will have to be to meet the requirements of the ordinance. Mr. St. John person expressed concerns with Coral Cliffs School. City Manager Esplin commented the police should be notified of violations. Laura Woolsey suggested the changes include a stipulation that if a specific number of violations occur the vendor will be required to go before the council and face possible revocation of their license. Council Member Allen suggested the type of violation should also be taken into account when deciding the vendor goes to council for review. The group discussed what has to be done to comply with ordinance while the changes are being drafted and presented to the council for approval. City Attorney Guzman suggested allowing the caterers to continue to operate as they have been while staff drafts the ordinance. Mr. St. John man suggested enforcing the ordinance as it stands now. Laura Woolsey stated that in the year 2000 there was a problem with a mobile caterer operating in City parks in violation of the ordinance. Staff went to the council to ask for this to be allowed; council changed the ordinance to allow mobile caterers to operate in the parks. Mr. St. John stated during the time it took to change the ordinance, those mobile vendors were ticketed for violating the ordinance. He thinks the ordinance has to be enforced as it is right now. Mayor McArthur asked if the council can allow the ordinance to be violated during the time it takes to change the ordinance. City Manager Esplin said the council can allow the ordinance to be suspended and require operation to be conducted in such a manner as agreed on until the changes are made. Mayor McArthur and the council indicated this would be acceptable. Discussion concerning uses in neighborhood parks Present for this discussion: Matt Loo, Sergeant David Moss, Chief Stratton, Marc Mortensen, Leisure Services Kent Perkins Mayor McArthur indicated the issue concerns whether or not to install a restroom in Cox Park. City Manager Esplin explained City policy is to have restroom facilities in all neighborhood parks. There is a concern from staff that if council approves no restrooms in this park; will there be other requests for exemptions and how many parks will not have restroom facilities. There was a general discussion concerning the policy of restrooms in parks. Funds are not always available to build restrooms at the time some parks are constructed, but as funds become available, restrooms are built. Members of the audience raised concerns regarding crimes occurring in restrooms. Sergeant Moss explained there are some problems in restrooms in the parks, primarily vandalism. He reviewed police reports for Snow, Vernon Worthen and Bluff Street parks. There were about 140 police calls to the parks since January 2004. Of those incidents there were two reports of problems in the restrooms and they were graffiti problems. He then ran a search of park violations back to 1987 and found only a few issues of problems in bathrooms, none of which were violent crimes. Leisure Services Perkins explained there is only one stall on each side of the restroom (male and female side). The buildings are block constructed. The restrooms can be locked electronically or by hand. He commented the Parks Department has received a number of calls over the years concerning t...

...o the City Subdivision Ordinance to require the dedication of neighborhood parks by the developer as part of the subdivision platting and approval process. Case No. 2007-SRA-001Community Development Director Bob Nicholson said part of the reasoning for this request is the City has been in the process of updating the “parks” plan for parks facilities. Park land is currently acquired by impact fees. This will be a change in philosophy. Now they are requesting to shift this forward to make this part of the developers responsibility. The developer will have the responsibility to sub-divide land for a neighborhood park within his subdivision. Presently, the acreage is calculated as 4 acres per 1,000 residents. Leisure Services Director Kent Perkins said impact fees have always been charged during the building permit process. PLANNING COMMISSIONFebruary 13, 2007Page NineCommissioner Taylor said if this was passed and became policy for the City and a developer donated the land for a park and he was considering the need for affordable housing, would he be able to ask for a decrease in the impact fee? Kent said there are potentials when the efficiency is put on affordable housing. Commissioner Taylor asked if the impact fee could be reduced to offset the property in order to make the building permit more affordable. Kent replied park improvements are paid by the impact fees. The acquisition of the neighborhood parks is not part of the impact fees. Deputy City Attorney Paula Houston said the land that is being dedicated to the City are for the small 4 acre parks, the impact fees are for the larger parks. Kent said facilities that are built are an enhancement for the neighborhood. Most developers that are building a larger development now have parks designed in their plans before they plat out the neighborhood. The developers come in early because when the parks are put in early it becomes a selling point for the developers.Kent discussed how the program is administered. There will be a new check off box on the Plat Application. They will discuss such things as if there is a neighborhood park that is nearby in the neighborhood, The developer will complete the application and attach a check. The money can only be spent within that development zone. If for some reason the City doesn’t spend that money in a certain amount of time then the money will be return to the developer. Commissioner Bracken asked if they pay right up front or pay for the whole project? Bob Nicholson said they will pay by phase of the projects.Commissioner Bracken asked why they won’t value the land based on the development. If you go in a particular area and you do an appraisal of property you can’t set your values until you do that. Deputy City Attorney Paula Houston said you don’t want this to be a battle over the value of the land. She said there is no provision to have the option - it would be the City to make that decision. They don’t want to give them the option to either give them the land or pay for the land. That is the reason they still need impact fees. Commissioner Taylor said with every plan there is a plan for open space. Is there a place to allow two developers to join together and pool the requirement of park space together? Kent said yes they could - they could pool it together.PLANNING COMMISSIONFebruary 13, 2007Page TenKent said it states that every resident should be within a half a mile of a park. Commissioner Nobis said when they are built out how do you go back and charge for more money in order to enhance the parks. Kent replied it will be done by General Funds.Commissioner Burks asked about the impact fee for parks. Kent said it is $2,700 for a new park. Kent said the plan is to balance out the expenditure and if you don’t have the fee then you have to put the funds in the general impact fee. Ron Thompson said how do you decide the ratio of 4 acres per 1,000 residents if a majority of them are not full time residents. He is concerned about the cost for the management of these parks. He feels the cost would hurt the residents because they will have to pay for the cost of the parks in purchasing price of their homes. Carol Sapp with Southern Utah Home Builders Association said she has not seen the proposed ordinance. Carol handed out a Memorandum she prepared (available for review in the City Office). Carol said they don’t look at the percentages of people that live there part-time or full-time. It is worthy of consideration but it is not a point she brought up in her comments. It was agreed by City Council that if something was in the pipe line and they had preliminary plat approval then they would not have to go through this. She said the current market conditions it should not be more than 6 months. This will slow the process down and the development plats will take longer to process. The important part is the board will be created by three people for appraisers. There are things that have to happen to be fair. Carol said what happens when they go out and they need property. This master plan for parks has increased the level of parks for this community. This will affect the affordability of housing. This will have to work on paper in the terms of costs. The developer will have to figure in the housing cost how much it is going to cost him to give 4 acres for the park. The fair way to increase parks in this area is through the bonding process. In the bonding process then everyone in the community will help to pay for those parks. Bonding removes the responsibility from the City and gives the developer the chance to develop affordable property. Don Rawlings said he is concerned about adding extra fees to property developers. The high impact fees will make it impossible for people to afford the homes. He was wondering if he would get some credit for the Seegmiller Park for 5 acres that has been sitting out there. He feels the impact fees need to be looked at a little bit closer. Curt Gordon said their concern is if you have a offset - he is concern about getting double charged. PLANNING COMMISSIONFebruary 13, 2007Page ElevenKent Perkins said if the City thinks the land in the subdivision could be a neighborhood park then the City will build that facility and return to the developer the money. Kent said they are sensitive to the type of land that is available for a park. Leisure Services took at community survey and 82% of the community who responded to the survey believed that it is important to have a park nearby by walking. He receives calls from residents who want to know where their neighborhood park is located. The park impact fees can only maintain the existing standards. Commissioner Bracken said if a subdivision does not have the land then at what point, does the City purchase the land? Kent said they will try to identify the most reasonable place for a park at that time. Commissioner Bracken asked if will they have to wait 20 years to see a park. Kent said if the City doesn’t spend the money in a certain amount of time then they will get their money back. Deputy City Attorney Paula Houston said one of the issues you have is that you can bind the City that funds will need to be spent by. The only option you have is that if you can’t build a park in that amount of time then you need to give the money back. Commissioner Bracken said there needs to be an interest factor to the person who has money setback. Chairman Almquist said this is something that cannot be voted on here tonight, due to the amount of information the Planning Commission needs to digest.Bob Nicholson said this could be continued to the next meeting in two weeks. Maybe they could have a joint work meeting with Council. Bob said someone has to pay for the parks and there are difficult choices to be made. Council Member Bunker as...

...e by the City Manager, the employee would be reinstated to his position as Parks Supervisor Support Services. Mr. Prisbrey began his case at 4:30. He asked that the witnesses be excluded per the exclusionary rule. Deputy City Attorney Paula Houston stated City policy specifically states that those rules do not apply to administrative hearings. Mayor Pike asked City Attorney Shawn Guzman if he is okay with Mr. Prisbrey’s request to exclude the witnesses. City Attorney Shawn Guzman stated that although he agrees that rules of evidenced do not apply here, he has no objection to excluding witnesses for testimony. He requested that Assistant Parks Manager Cody Schmitt, Leisure Services Director Kent Perkins, Parks Manager Larry Shane, City Manager Gary Esplin and Human Resources Director remain in the council chambers as they are clients in this matter. Mr. Prisbrey had no objections to Mr. Guzman’s request. Councilmember Bowcutt commented that doing this, bringing people in and out will take time. He believes it should still count for the hour time limit. St. George City Council Minutes June 25, 2015 Page Three Councilmember Hughes asked what the point is for removing them. Deputy City Attorney Paula Houston explained the theory behind the exclusionary rule. It is not required. MOTION: A motion was made by Councilmember Hughes to exclude those that were not mentioned by City Attorney Shawn Guzman, removing them from the room until they are called. SECOND: The motion was seconded by Councilmember Arial. VOTE: Mayor Pike called for a vote, as follows: Councilmember Hughes – aye Councilmember Randall – aye Councilmember Bowcutt – nay Councilmember Arial – aye The motion carried. The witnesses left the meeting. City Attorney Shawn Guzman asked if Mr. Prisbrey is going to make an opening statement. Mr. Prisbrey stated that he has a preliminary issue. City Attorney Shawn Guzman noted that the City would like to make a short opening statement; therefore he asked that the time limit start. He then asked if the opening statement would be counted toward the one hour time limit. Additionally, he asked if the time will be counted separately. Mr. Prisbrey provided Exhibit 1 and referred to page 2 paragraph 7, UCA 10-36-1106 which says that the procedure for conducting an appeal and the standard of review shall be prescribed by the governing body of each municipality by ordinance. He then referred to City Code 2-2-1, which is silent as to the procedure that is going to be used in this hearing. HR policy 4.50 is where the procedures for this hearing are coming from; the rules have not been set by ordinance. He asked who has the burden of proof. The policy says that he has the burden of proof; however, that is not what the ordinance states. He asked which standard will be used for the standard of review on the appeal. It is inappropriate for the City and the Executive Branch saying that they have the burden of proof; it should rest with the City. Mr. Hughes asked if Mr. Prisbrey disagrees with the procedure and how long he has had the question about the standard. Mr. Prisbrey stated that he does not agree with the procedure and spoke with City Attorney Shawn Guzman several times who told him the HR policy will be used. He told City Attorney Shawn Guzman that it is unacceptable to follow the HR policy. City Attorney Shawn Guzman stated he was never told that is it was unacceptable. He and Mr. Prisbrey had phone conversations in which Mr. Prisbrey spoke about having additional witnesses and that he did not agree with the burden of proof. St. George City Council Minutes June 25, 2015 Page Four Currently, City Policy states that the burden of proof is on the appellant which is not abnormal. The Council’s action will be reviewed for reasonableness. This is an internal procedure for the City. The City’s position is that Mr. Jewell was offered another position, a demotion. Mr. Jewell was given additional time and decided to resign, requesting to be paid out all of his accrued time, including a percentage of his sick leave, which is not paid out unless you have worked for the City for 20 years. The City took an extra step in the due process in having the hearing tonight. Rather than taking the position and appealing the demotion, Mr. Jewell resigned. He explained that the City cannot compel witnesses. When he explained that to Mr. Prisbrey, he asked if Mr. Prisbrey would need more time to find additional witnesses. Mr. Prisbrey explained there was a recommendation from the Department Head to terminate Mr. Jewell. City Manager Gary Esplin assigned him to a different position with a reduction in pay. Mr. Jewell was given approximately 48 hours to take the position or he would be deemed to no longer be a City employee. He did not accept the offer within the 48 hours. He stated that he does not understand where City Attorney Shawn Guzman is in a position to give the Council advice as he does on a routine basis. Is he arguing as a litigant to this case? The only way the City can set the protocol in the standard of review to be used in this hearing is by ordinance. That has not been done by ordinance; it has been done by the Human Resources Department. Councilmember Hughes asked City Attorney Shawn Guzman if all of the City’s policies and procedures are in ordinance form. City Attorney Shawn Guzman explained that policies and procedures are not in ordinance form. He looked at state code and did not see anything that changes the burden of proof. While he is here making arguments on the side of the City, he will leave it up to Deputy City Attorney Paula Houston to opine on what the review standard would be and on all points that Mr. Prisbrey brought up. He disputes that Mr. Jewell had 48 hours to decide if he wanted to take the job offered to him. There was a request for more time for Mr. Jewell to make a decision and it was granted. In the end, Mr. Jewell resigned by requesting to be paid out all of his accrued time. If he continued to work for the city, he would have the same opportunity to appeal the demotion. Deputy City Attorney Paula Houston explained that her role is to give the board legal advice, not to argue the case. It is appropriate for both parties to make their statement on what they believe is the position of the law. The hearing should continue and the board should make their decision as they deem appropriate. Mayor Pike commented that the hearing will move forward based on City policy. Mr. Prisbrey called City Manager Gary Esplin. He asked if there is someone that will swear him in. Deputy City Attorney Paula Houston explained that it has not been the City’s practice to swear in witnesses for a hearing. Mr. Prisbrey stated that stature requires the creation of an appellate record. He asked how that will be done if witnesses are not sworn in. St. George City Council Minutes June 25, 2015 Page Five Deputy City Attorney Paula Houston explained that a record is being created. A court reporter is present. A witness does not have to be sworn in to make a record. She asked if City Attorney Shawn Guzman has an objection. City Attorney Shawn Guzman noted that it is not his decision on what to do. He objected because Mr. Prisbrey proved a list of 10 witnesses. City Manager Gary Esplin is not on that list. Mr. Prisbrey stated it should not make a difference. Every court has rules of evidence. Rules of civil procedure indicate that any individual who is present in the courtroom can be called to testify as a witness. City Attorney Shawn Guzman disagreed. Attorneys exchange witness lists all the time. Court rules are not being followed here. He contacted Mr. Prisbrey and to let him know if additional witnesses would be called. At that time, he provided a witness list to Mr. Prisbrey; they exchanged witness lists there. Mr. Esplin is on the list as a witness for the City; therefore it is up to the City if he is called or not. Councilmember Hughes asked if Mr. Prisbrey and his client would rather not be going through this process. Mr. Prisbrey clarified that he feels it is inappropriate to go forward with rules that were drafted by the City Attorney’s office, not the City Council. Mayor Pike asked how the Council wanted to proceed. He then asked if they have any objections to allowing Mr. Prisbrey to call on City Manager Gary Esplin even though he is not on his witness list. Deputy City Attorney Paula Houston explained that the policy allows for Council to require a prehearing outline; however, it was not required in this case. Rather, the attorneys exchanged witness lists. Policy does not address whether or not they are limited by the lists, it would be up to the Council. City Attorney Shawn Guzman stated that the City listed City Manager Gary Esplin as one of its witnesses. He is concerned that there will be additional witnesses called that are not on Mr. Prisbrey’s list. Mayor Pike asked Deputy City Attorney Paula Houston if the opposing counsel will have the opportunity to cross examine a witness. Deputy City Attorney Paula Houston replied yes. Mayor Pike asked if the hearing can continue sticking to the witness lists as provided by each attorney and use the cross examination opportunity. MOTION: A motion was made by Councilmember Hughes to continue with the witness lists as provided by each attorney and use the cross examination opportunity. SECOND: The motion was seconded by Councilmember Randall. VOTE: Mayor Pike called for a vote, as follows: St. George City Council Minutes June 25, 2015 Page Six Councilmember Hughes – aye Councilmember Randall – aye Councilmember Bowcutt – aye Councilmember Arial – aye The vote is unanimous and the motion carried. Mr. Prisbrey asked to clarify that he can only question City Manager Gary Esplin during cross examination. What if City Attorney Shawn Guzman does not call him? Mayor Pike stated that is correct. Mr. Prisbrey noted that he was told by City Attorney Shawn Guzman if there were any witnesses who work for the City, he would make every attempt to get them to the hearing. He explained that the reason you object to a witness is because they are a surprise. If City Attorney Shawn Guzman does not call him, he cannot cross examine him. As the City had him on their list, they are not surprised. There is no rule that requires him to provide a list. City Attorney Shawn Guzman read portions of a letter from Mr. Prisbrey dated June 19th. As he has stated previously, his only concern is that there will be other witnesses who are not on Mr. Prisbrey’s list as they cannot be compelled to testify. He concern is not that Mr. Esplin will testify, rather that there will be other witnesses. Mr. Esplin will testify. Councilmember Hughes asked Mr. Prisbrey if he plans on calling any other witnesses that are not on his list. Mr. Prisbrey explained that every witness he plans to call is either on his list or the City’s. MOTION: A motion was made by Councilmember Hughes to allow either side to call a witness for them any of the witnesses on either list. SECOND: The motion was seconded by Councilmember Randall. VOTE: Mayor Pike called for a vote, as follows: Councilmember Hughes – aye Councilmember Randall – aye Councilmember Bowcutt – aye Councilmember Arial – aye The vote is unanimous and the motion carried. Mr. Prisbrey called City Manager Gary Esplin. City Manager Gary Esplin testified that all employees, except for Department Heads and appointed employees are subordinate to him. The issues with Mr. Jewell’s performance came to his attention by the normal process followed through Human Resources. Employees submitted letters, performance issues were brought up by the department, employees, supervisors and Parks Manager Larry Shane. At that time St. George City Council Minutes June 25, 2015 Page Seven the Human Resources Director called the employee and his supervisor. There was a pre-determination hearing to look at the information that was brought up. He approved their recommendation for termination; however, Mr. Jewell appealed the decision. After looking at the evidence that was submitted and speaking to some of the witnesses, he decided to give Mr. Jewell an opportunity to stay with the City in a different position. At the appeal hearing, Mr. Jewell who worked for the City for 22 1/2 years, indicated that he wanted to stay until he had 25 years in, if there was a position available where he could provide services outside, but not as a supervisor. Regarding the letter dated April 23, 2015 included in the agenda packet, the information he was referring to were letters received from the concerned employees. Additionally, he spoke with Kent Perkins, Larry Shane, David Oxendine, Cody Schmitt and Judith Mayfield. Performance evaluations did not come into consideration at this time as they are done in November. He explained that performance scales are made up of different factors. The last evaluation would have been done in November of 2014. He is not disputing that that evaluation indicated that Mr. Jewell was proficient; however, his decision was based upon the information received from employees and the fact that Mr. Jewell was on a performance evaluation plan for some of the same issues. His decision was also based upon the way he treats his employees, how he schedules his work and performance related issued that deal with him in his job as a supervisor. Those issues include insubordination, changing instructions given by his supervisor and others he does not recall. Mr. Prisbrey had no further questions. City Attorney Shawn Guzman stated that he reserves the right call City Manager Gary Esplin when the City presents its case. He then cross examined him. City Manager Gary Esplin testified that he did review Mr. Jewell’s recent performance improvement plan evaluation; however, his decision was not based upon that. He met with Human Resources Manager Judith Mayfield and Leisure Services Director Kent Perkins, as well as, Parks Manager Larry Shane and Assistant Parks Manager Cody Schmitt because he wanted to get as much information as he could to make the correct decision. They discussed Mr. Jewell’s past performance. Additionally, the information he reviewed when making his decision included letters from parks employees David Oxendine and Bobby Randall. City Attorney Shawn Guzman had no further questions. Mr. Prisbrey had an additional question. City Manager Gary Esplin explained that the performance improvement plan process. He testified that Mr. Jewell came off the plan; however, the issues brought up by those individuals were current and still existing issues. The improvement plan did not work and the situation deteriorated to the point that it could not continue. He stated that the letters received from Mr. Oxendine and Mr. Randall were two of the main issues when making his decision. City Attorney Shawn Guzman had additional questions. City Manager Gary Esplin testified that Mr. Jewell’s treatment of employees and co-workers was his concern. He tried to take all of the information received from all involved, including Mr. Jewell, and make the best possible decision for the employees, St. George City Council Minutes June 25, 2015 Page Eight the City and Mr. Jewell. Another option could have been to put Mr. Jewell on another performance improvement plan, but it did not work the first time. While considering his decision, he had information provided by several individuals including comments from Mr. Jewell during his appeal hearing. He took all of the information and tried to make the best possible decision for the employees as well as Mr. Jewell by offering him another position. City Attorney Shawn Guzman had no further questions. Mr. Prisbrey had an additional question. City Manager Gary Esplin testified that he believed the information received from Mr. Schmitt, Mr. Oxendine and Mr. Randall was truthful. Mr. Prisbrey had no further questions. He then called David Oxendine and provided Exhibits 2 and 3. City Attorney Shawn Guzman objected to the summary prepared by Mr. Prisbrey as the evaluations were provided in the City’s packet. There is no way to evaluate whether the summary is truthful or not. David Oxendine arrived. Mr. Oxendine testified that he has worked in the St. George Parks Department for approximately 4 1/2 years and is currently on the tech crew. He has known Mr. Jewell for approximately 20 years and has no personal feelings against him. Mr. Prisbrey provided Exhibit 8. Mr. Oxendine testified that he wrote the email from his home computer. No one told him to write it. He explained a situation that occurred at Tonaquint Cemetery while he was digging there with Mr. Jewell and Mr. Randall as mentioned in Exhibit 8. Additionally, he mentioned another issue that occurred at Art Around the Corner. He explained that he is aware of the City’s harassment policy. Previously, he worked for the City for six years. He then explained situations that occurred while working at Worthen Park and another instance while digging at Tonaquint Cemetery. Although he knows that issues should be reported within 24 hours, he did not report the issues until he and Mr. Randall finally had enough of Mr. Jewell. Mr. Jewell has always been difficult to get along with. He knew of personality issues between Mr. Shane and Mr. Jewell. At one time, he joked about eating dinner with Mr. Shane often. It was funny because Mr. Jewell could not stand Mr. Shane. He is aware of the City’s open door policy for reporting harassment; he sent a letter to the Human Resources Director approximately two years ago. During a meeting he attended in 2013, Mr. Shane asked to let him know if he was having problems with Mr. Jewell. It did not seem like Mr. Shane was trying to get information he could use against Mr. Jewell. He told Mr. Shane that everything was good because Mr. Jewell had calmed down a bit. This was after the letter submitted to the Human Resources Director. It did not seem like Mr. Shane was hunting for information he could use against Mr. Shane. Mr. Shane has not given him any special privileges. He testified that he lives in a home owned by the City and that he takes care of the landscape. His wife talked with someone at the City and was told about a program; she contacted Housing & Development Director Matt Loo. That had nothing to do with Mr. Shane. He then explained a situation in which Mr. Jewell got after him for grinding sparks in front of kids while at Main Street St. George City Council Minutes June 25, 2015 Page Nine Plaza. The kids he saw were approximately 50 yards away with his mom, standing by picnic tables. The way Mr. Jewell went about it angered him. Mr. Prisbrey provided Exhibit 6. Mayor Pike noted that Mr. Prisbrey is almost at one hour. City Attorney Shawn Guzman asked for clarification as there is a discrepancy on the exhibits provided by Mr. Prisbrey. He asked if Deputy City Attorney Paula Houston is keeping track of them. Mr. Prisbrey stated that his exhibits are not in order because he was notified that he only has one hour; there are some that he will skip. City Recorder Christina Fernandez stated that she has the exhibits listed in the minutes. City Attorney Shawn Guzman requested the Deputy City Attorney Paula Houston keep track of them. Mr. Prisbrey continued. Mr. Oxendine testified, pertaining to the photos in Exhibit 6, he can see his truck and he is not sure if that is Mr. Randall with him. While he can see the woman and small child walking near them in the photo, he does not remember them walking past him while he was grinding, but it is reasonable to assume that she did. He would expect to be reprimanded if his supervisor saw him grinding sparks onto the mother and young child. He testified that Mr. Jewell may have put the follower kit on the PVC pipe at Tonaquint Cemetery; he cannot remember and identified Mr. Jewell in another one. In the past, they have used a backhoe to move statues with no problems. He explained an incident that took place at Town Square. They were preparing to pour concrete and Mr. Schmitt told them to remove over 10 inches of clay; Mr. Jewell told them to only remove 6 inches. In the meeting with City Manager Gary Esplin, he told him that there was no way he could compact the wet clay and pour concrete. It was his opinion that the concrete was going to fail and did not want to be associated with that job. When pouring concrete, you should never pour over clay. You try to remove as much clay as you can because it is going to shrink and expand, making the concrete crack. He explained that they put mesh down at Little Valley, but because it was the wrong one, they had to put the correct one on top. City Attorney Shawn Guzman stated that he is concerned with the time frame. It appears that Mr. Prisbrey has run out of time and he does not see the relevance in this line of questioning. Mayor Pike agreed and asked if the Council if they wanted to grant additional time. Councilmember Randall asked Mr. Prisbrey how many witness he has. Mr. Prisbrey advised that he has no other questions for Mr. Oxendine. He plans to call Bobby Randall, Larry Shane and Cody Schmitt. Councilmember Randall commented that she thinks they need to allow the witnesses to be heard so that Mr. Jewell gets a fair process. St. George City Council Minutes June 25, 2015 Page Ten Mayor Pike stated that this could take all night. The line of questioning is not helping the Council. Under City ordinance, it is a hearing, not a court of law. Councilmember Arial stated that she wanted to keep to the hour time limit. Councilmember Randall commented that she hasn’t learned anything. Councilmember Bowcutt commented that they seem to be laying groundwork but not asking questions that pertain to the decision they have to make tonight. Councilmember Hughes asked Mr. Prisbrey to get to specific points. He suggested giving an additional 15 minutes to get to the “meat”. He wants to know what happened. Mr. Prisbrey stated that part of the problem is with whoever decided it would be a good thing for the Council to hear this. MOTION: A motion was made by Councilmember Hughes to allow 15 more minutes for both sides. SECOND: The motion was seconded by Councilmember Arial. Councilmember Bowcutt said to give each side 15 minutes, move on and get the answers. Mr. Prisbrey asked if he can ask leading questions to try to move things along. Councilmember Hughes told Mr. Prisbrey not to lead them around in a circle, just ask the questions. Mayor Pike recognized that Mr. Prisbrey has already gone 15 minutes over; therefore, City Attorney Shawn Guzman would then have 1 1/2 hours to present his case. VOTE: Mayor Pike called for a vote, as follows: Councilmember Hughes – aye Councilmember Randall – aye Councilmember Bowcutt – aye Councilmember Arial – aye The vote is unanimous and the motion carried. The time is 5:57 p.m. City Attorney Shawn Guzman advised that he has refrained from objecting to what he feels are leading questions as this is a hearing and they are not bound by the rules of evidence; however, he objects that things are getting far from what is relevant. Mr. Prisbrey continued. Mr. Oxendine testified that he did not lie when providing information to City Manager Gary Esplin; backhoes are used to move statues. Whether or not it is safe depends St. George City Council Minutes June 25, 2015 Page Eleven on where you are moving the statue to. Further, he did not lie when he said that Mr. Jewell was not working in the trenches at Tonaquint Cemetery. When he needed a spotter, Mr. Jewell would not get in the ditch. Mr. Prisbrey had no further questions. He asked if the cross counts on his 15 minutes. Mayor Pike replied yes and his cross will count towards City Attorney Shawn Guzman’s time as well. City Attorney Shawn Guzman cross examined Mr. Oxendine. Mr. Oxendine testified that the statue at the Main Street and Diagonal round-a-bout was loaded into a pickup truck using a backhoe. In his letter, he talked about moving a statue during Art Around the Corner. That statue was moved about two blocks away. When Mr. Jewell saw the trailer in place, he said that he did not need a trailer and jumped on the backhoe, saying that he would just take the statue down the road as he can have it down the road quicker than putting it on the trailer. Mr. Jewell talked to him in an angry manner, raising his voice. Although there were straps on the statue, it could swing back and forth. Mr. Jewell decided to have the employee walk behind the statue to steady it, in the middle of the street, which he did not agree with. He felt that was unsafe because the straps could have broken and there were cars present; he was afraid that employee could be injured. At City Attorney Shawn Guzman’s request, Mr. Oxendine stood up and demonstrated how the employee steadied the statue as he observed it being moved. He stated that he worked with Mr. Jewell when he was previously employed by the City. After speaking with his wife, he decided to apply because he thought Mr. Jewell’s demeanor and attitude may have changed in the eight years that he had been gone. He had concerns with Mr. Jewell’s treatment when he worked for the City previously. This time is worse; you cannot ask Mr. Jewell a question without him jumping down your throat. While installing rock at Hela Seegmiller Farm, Leisure Services Kent Perkins overheard him use the “f” word. He did not hear Mr. Perkins address the situation. Regarding the issue at Tonaquint Cemetery, the crew was told by Mr. Schmitt to dig down 10 inches; however, Mr. Jewell told them to only take out 6 inches because “Cody doesn’t know shit”. Regarding the issue at Town Square, he was concerned that Mr. Jewell had instructed them to only dig 6 inches when they were told to dig further. Without Mr. Jewell knowing, he tried to call Mr. Schmitt, but there was no answer. He did not let Mr. Jewell know because in his opinion, he would have been angry for going above his head as he has done in the past. Mr. Jewell talks to them in a rude manner, gets mad when they ask questions, and hangs up on them. Mr. Prisbrey noted that he only has 15 minutes remaining. He stated that City Attorney Shawn Guzman is going over ground that has already been covered. City Attorney Shawn Guzman stated that he does not believe he is going over things that have already been covered. In the interest of time, since he plans on calling Mr. Oxendine as a witness; therefore he will save his questions and reserved the right to call Mr. Oxendine. Mr. Prisbrey redirected. St. George City Council Minutes June 25, 2015 Page Twelve Mr. Oxendine testified that he did not know if Blue Stake was called when they dug the 10 inches. When moving the statue, he did not know if encroachment permits were obtained; however, they did have signs present. Mr. Prisbrey called Mr. Randall noting that his 15 minutes are up. Mayor Pike suggested, due to time constraints, that the Council make a motion to allow another 15 minutes then take a recess and reconvene at 7:00 p.m. He advised that the case cannot be discussed during the recess. St. George City Council Minutes June 25, 2015 Page Nine MOTION: A motion was made by Councilmember Randall to allow 15 more minutes, then recess and return at 7:00 p.m. 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 Councilmember Arial – aye The vote is unanimous and the motion carried. The time is 6:16 p.m. Mr. Prisbrey called Bobby Randall. Robert (Bobby) Randall testified that he has worked for the City for 3 1/2 years; Mr. Jewell is his supervisor. In the past, he has reported issues with Mr. Jewell to the Human Resources Department. The issues he addressed were Mr. Jewell’s demeanor and a situation he was concerned about where he felt Mr. Jewell threatened him. He mentioned an occurrence that took place when the City switched phone companies. At that time, Mr. Jewell told him that he better watch his back and that he didn’t know who he was dealing with. That took place approximately a year and a half ago. He was not scared of Mr. Jewell, rather the threat as he didn’t know where it was coming form. He didn’t mind spending time with Mr. Jewell while at work. While he and Mr. Oxendine were fishing at Otter Creek, Mr. Jewell happened to be there. Last year he invited Mr. Jewell to go hunting. He explained a situation that occurred recently when the crew was sealing concrete; because of the noise, he threw a roller at a fence to get the employee’s attention. He later apologized to the employee because the employee did not know why he threw it. When he explained, the employee stated that he understood what he was doing. Coarse language is not a problem for him; however, being derogatory is different. Mr. Jewell told them numerous times that he does not like Mr. Shane. He did not tell Mr. Jewell that he holds his job in his hands and that he could go to the Human Resources Director and get him fired. He has complained twice about Mr. Jewell to Human Resources. Mr. Jewell was mad at him and Mr. Oxendine for grinding near people. He stated that Mr. Jewell belittles them all the time. He spoke to Mr. Schmitt because something St. George City Council Minutes June 25, 2015 Page Thirteen needed to be done. There have been discrepancies on what Mr. Schmitt tells them compared to Mr. Jewell; he wanted to know who he should listen to. Mr. Jewell tells the employees that he doesn’t care what Mr. Schmitt says – he doesn’t know anything about construction. The way Mr. Jewell talks to them and treats them intensifies during Art Around the Corner. Mayor Pike noted that Mr. Prisbrey has approximately five minutes left. He reminded Mr. Prisbrey that he will have the opportunity to cross examine other witnesses if called by City Attorney Shawn Guzman. Mr. Randall testified that they rarely see Mr. Jewell on a jobsite which is a blessing as things go smoother. Regarding the issue with creating sparks around a child, when grinding, they had shields and everything was coned off. Referring to photo labeled 6A, he cannot see very much since he did not have his glasses. He did not lie when he said there were shields while grinding. The final event in making the decision to report the issues was when the statue was moved using a backhoe rather than the trailer. In his eyes, it was a safety violation. He did not know if there was an encroachment permit and stated that there were no cones. Mr. Prisbrey had no further questions. Mayor Pike called for a recess. He reminded the Council not to discuss the case. Deputy City Attorney advised that the witnesses should not discuss the case either. The meeting reconvened at approximately 7:05 p.m. Mayor Pike stated that according to his clock, City Attorney Shawn Guzman has 1 hour and 45 minutes which includes cross examination by Mr. Prisbrey. City Attorney Shawn Guzman called Bobby Randall. He objected to the photos submitted by Mr. Prisbrey because there are no dates and you cannot determine what they purport to be. He doesn’t think there is a foundation for them to be used as evidence. Mr. Randall testified that he has been employed by the City for 3 1/2 years; prior to that, he worked for Ence Homes pouring concrete, 10 years in management. When supervising employees, he did not use foul language. He objected to Mr. Jewell’s foul language when it was used in a demeaning way when speaking to him and observed him speaking that way to other employees. At one point, Mr. Jewell called Curtis Bradshaw stupid. Mr. Jewell was on the jobsite based upon how much he liked the job he was doing, normally it was about 1 1/2 hours a day. It felt differently when Mr. Jewell was on the job site, he explained how. Regarding the Town Square incident, he was present when Mr. Schmitt told the employees to dig 10 inches. He did not like that Mr. Jewell told them to dig less; he told Mr. Jewell that he objected but Mr. Jewell didn’t care. Mr. Jewell said that he didn’t care how Mr. Schmitt told them to do it; do it the way he said to. Because Mr. Jewell would have gotten upset, as he has done in the past, he did not try to contact Mr. Schmitt. Mr. Prisbrey objected to City Attorney Shawn Guzman’s question regarding whether or not Mr. Jewell would have gotten upset. St. George City Council Minutes June 25, 2015 Page Fourteen Mayor Pike stated that Deputy City Attorney Paula Houston has already explained that this hearing does not follow the rules of evidence. Deputy City Attorney Paula Houston advised that the Council can apply the information provided in the way they deem appropriate. Mr. Prisbrey asked that it be noted that City Attorney Shawn Guzman is Deputy City Attorney Paula Houston’s boss. City Attorney Shawn Guzman continued. Mr. Randall testified about an incident in which Leisure Services Director Kent Perkins overheard Mr. Jewell using the “f” word. One of the reasons he wrote the letter to Human Resources was Mr. Jewell’s treatment. City Attorney Shawn Guzman entered into exhibit the binder he submitted to the Council and Mr. Prisbrey. He continued. Mr. Randall testified that they could not multi task because Mr. Jewell told them to concentrate on one job at a time. His concern was that they had to wait until being told to start another job. Since Mr. Jewell has left, they are doing 2 or 3 jobs at a time; people are happier and he enjoys going to work. He was concerned with the way the concrete was poured at Town Square for two reasons. One was because of his experience in working with concrete and the other because Mr. Schmitt directed them to do it differently than Mr. Jewell did. He believes Mr. Jewell thought that Mr. Shane and Mr. Schmitt were out to get him. When around Mr. Schmitt, Mr. Jewell showed him respect, but when Mr. Schmitt was not there it was different. Mr. Jewell showed no respect for Mr. Shane. Regarding the incident with the Cremation Gardens at Tonaquint, Mr. Schmitt instructed him and another employee to dig 18 inches and put in mulch; but Mr. Jewell told him to do it differently. They didn’t know who to listen to. He was present when the Lincoln statue was moved and was concerned for the safety of the employee walking and holding the statue. Additionally, he was concerned about Mr. Jewell’s comments that he could have the statue where it needs to go before they can put it on the trailer. In his experience, because of the way Mr. Jewell speaks to them, employees avoid talking to him; instead they call him or Mr. Oxendine. He added that he would not want to work with Mr. Jewell right now. City Attorney Shawn Guzman had no further questions. Mr. Prisbrey questioned Mr. Randall. Mr. Randall testified that although he was concerned for the employee’s safety when moving the statue, he did not immediately call Mr. Schmitt. The final event was that incident and the way Mr. Jewell talked to them. Mr Prisbrey referred to the photos in Exhibit 6. City Attorney Shawn Guzman objected to the photos as you cannot determine when they were taken. Additionally, they he does not necessarily agree that they depict what Mr. Prisbrey claims. St. George City Council Minutes June 25, 2015 Page Fifteen Mr. Randall testified that he can see people in the photo and that they have probably performed grinding in that area. Mr. Jewell did not tell him that he took the photo, but told them that while grinding at Town Square, they were throwing sparks in a child’s face. When asked about photos 6B, 6C and 6D he stated that he did not know where they were taken. Every once in a while, Mr. Jewell would get in the trenches and help a bit. Mr. Schmitt asked him a while ago how often Mr. Jewell was present. In his letter to Human Resources Director, he wrote that Mr. Jewell was never at the job site, which was a blessing. In his meeting with City Manager Gary Esplin he told him that 50% of Mr. Jewell’s work was poor quality. He heard Mr. Jewell say that Mr. Schmitt has no construction knowledge; he’s just book smart. Mr. Prisbrey had no further questions. City Attorney Shawn Guzman called Cody Schmitt. Mr. Schmitt testified that he has worked for the City for approximately 6 years, 2 of which he has been the Assistant Parks Manager. That is when he became Mr. Jewell’s supervisor. During one of their first meetings, Mr. Jewell asked if he was on their side or his side. He told him that he is on the City of St. George’s side. He asked Mr. Jewell who “they” are; Mr. Jewell replied “Larry Shane and Shane Moore”. Mr. Jewell told him that Mr. Shane didn’t know anything and was incapable of being a parks manager and that Mr. Moore is Mr. Shane’s buddy; kissing his ass. They held staff meetings every Wednesday at 8:30. Mr. Jewell always made up excuses to remove himself from the meeting. When he was present, he would barely say anything. When supervisors were asked of their opinions on issues, Mr. Jewell never said anything; he was always texting on his phone or doing something else. Mr. Jewell didn’t want to be a team player. When Mr. Jewell responded, he was abrupt and to the point. There was an instance when he went off on a staff member in front of all of the supervisors; they were all taken aback. He discussed the situation with Mr. Jewell either right after or in the near future. Regarding changing the depth at Town Square; Mr. Jewell did not talk to him. After the employees confronted him about the situation, he talked to Mr. Jewell. He would have not been against Mr. Jewell discussing the changes as he has always had an open door policy with all employees. Mr. Jewell frequently expressed an opinion that he didn’t think that he and his crew belonged in the Parks Department. He told Mr. Jewell that they are a team and they need to be cohesive. When he first took the position he looked at the job descriptions. Mr. Jewell’s job description required him to have a playground safety inspector certification. When he confronted Mr. Jewell about the certification, Mr. Jewell felt there was no relevance for him to do that. Because Mr. Jewell installs playground equipment, he told him that it is very important for the safety and liability of the City of St. George. He stated that he heard about issues that occurred when installing playground equipment at Firehouse Park; however he always told Mr. Jewell that he wanted to start fresh and the past is the past. Getting his playground safety inspector permit was part of Mr. Jewell’s performance plan. A short time later, he sent Mr. Jewell a link to the website where the certificate can be obtained. Mr. Jewell received the email but did not act on it until the end of his probationary period. At that time, he confronted Mr. Jewell who said that maybe he shouldn’t even be there; he asked if getting the certificate was worth it. The improvement plan was extended one month in which time Mr. Jewell obtained the certificate. Mr. Jewell was placed on a performance improvement plan because he wanted him to succeed. Mr. Jewell’s evaluations from 2012 and 2013 stated that Mr. Jewell needs to increase his level of sensitivity and that he needed to understand other’s points of view. They also stated that Mr. Jewell needed to increase respect for other supervisors and to stop St. George City Council Minutes June 25, 2015 Page Sixteen questioning everybody’s ability in their job role. Additionally, they stated that Mr. Jewell needed to help other supervisors with projects and work orders that relate to the field of work and team attitude needed to increase. After his evaluations, Mr. Jewell improves for a bit and them something happens and he goes backwards. When Mr. Jewell knows he is on an improvement plan, he will do what it takes to get off the plan. He read comments from Mr. Jewell’s most recent evaluation pertaining to communication, which was done after Mr. Jewell completed the improvement plan. His goal was to encourage Mr. Jewell to do better. He explained that his recommendation was not to terminate Mr. Jewell, rather that he no longer be a supervisor as he believed Mr. Jewell was not supervisor material. One of the reasons for his recommendation was the way Mr. Jewell treated him during Art Around the Corner while installing the statue with the artist present. He explained that Mr. Jewell talked to him in an demeaning manner as he has done with his employees. After reading the letters that Mr. Randall and Mr. Oxendine wrote to Human Resources, he gave Mr. Jewell an opportunity to explain the situation. Mr. Jewell responded by saying that he never said Mr. Schmitt didn’t know what he was talking about. A few days later Mr. Jewell stated that he may have said that. It is still his opinion that Mr. Jewell cannot be a supervisor. City Attorney Shawn Guzman had no further questions. Mr. Prisbrey cross examined Mr. Schmitt. Mr. Schmitt testified that evaluations are used to let employees know what areas they can improve in. He explained that employees are concerned with the number they are given on their evaluation; Mr. Jewell was upset with the number he was given. Evaluations have objective criteria to grade employees. Mr. Jewell’s most recent evaluation stated that he had improved from the prior year and that he was barely proficient. Because Mr. Schmitt did not know what the rating scale indicated on evaluations, Mayor Pike asked that someone clarify. City Attorney Shawn Guzman stated that Human Resources Director Judith Mayfield can explain that when she is called. Mr. Prisbrey continued. Mr. Schmitt testified that Mr. Jewell’s actions would fluctuate, that is why he was rated barely proficient. He could have rated him lower, but he wanted Mr. Jewell to know that he was happy that he obtained the required certificate. Since that evaluation, issues that arose are the things that he, Mr. Oxendine and Mr. Randall testified to. He does not know what everyone else talked about during their meetings; however, his recommendations were specific and based upon the way Mr. Jewell treated him, his employees, the lack of participation of teamwork as a supervisor in staff meetings. It had nothing to do with the playground safety inspector permit. Mr. Jewell never told him that he had photographs; he always told him that he had stuff and can nail anybody. He explained that he did not include that in any of the information provided to his supervisors because he did not feel it was viable. Mr. Prisbrey had no further questions. St. George City Council Minutes June 25, 2015 Page Seventeen City Attorney Shawn Guzman called Leisure Services Director Kent Perkins; however, because he was not present in the room, therefore, he called Human Resources Director Judith Mayfield. Human Resources Director Judith Mayfield testified that she has been in her position approximately 10 years and has been in the Human Resources field for over 40. She explained the 1-5 scale on evaluations; 1 is the lowest and 5 the highest. Evaluations are kept in the employee’s personnel files in Human Resources; she is the custodian of the records. The evaluations included in the binder are Mr. Jewell’s prior performance evaluations. She explained that with the 2010 evaluation, Mr. Jewell was very upset about the rating. Although she did not recall who contacted her, they held a meeting to discuss the evaluation. Mr. Jewell was very defensive and abrupt when Mr. Shane tried to explain. She asked Mr. Jewell to stay after the meeting at which time she told him that if he does not change his behavior, he is in jeopardy of losing his job. She explained that an employee improvement plan typically lasts 6 months and tries to help the employee become successful. Mr. Jewell’s plan was extended to give him the opportunity to obtain the playground safety certification. She believes the plan modified Mr. Jewell behavior for a time; however, his behavior reverted back. After meeting with several staff members, Leisure Services Kent Perkins recommended Mr. Jewell be terminated; she concurred because over the past 10 years, she had several discussions with Mr. Jewell regarding his behavior towards other employees. To her, it seemed like they were going back to the same behavior of Mr. Jewell treating his employees in an unprofessional, disrespectrul and unproductive manner. She, Mr. Perkins and Mr. Jewell met for a predetermination meeting. Mr. Perkins was in control of the meeting; Mr. Jewell was emotional and felt as though things were blown out of proportion and that people were out to get him. He made a very emotional appeal to Kent. Mr. Jewell focused on the fact that he had worked for the City for 23 1/2 years and that he only had 2 1/2 more years until he could buy out his years and have full retirement. At one time, Mr. Perkins asked him if he was giving 100%; to her recollection, Mr. Jewell said no, not since the reorganization because he did not agree with it. After Mr. Jewell’s comments, it was still her recommendation to terminate him. A few days later, she and Mr. Perkins met with Mr. Jewell at the Parks building. At that time, they told him that they were making the recommendation to the City Manager. Mr. Jewell was also told that if he wanted to appeal to recommendation to the City Manager, he needed to call the City Recorder, which he did. She was present at the meeting with the City Manager. Again, Mr. Jewell mentioned that he worked at the City for 23 1/2 years and how he saved the City a lot of money. Mr. Jewell commented that he did not give 100% over the past year and that he is not cut out to be a supervisor. Additionally, he stated that he could not go back to the Parks Department because of what had occurred over the past few days. City Attorney Shawn Guzman had no further questions. Mr. Prisbrey cross examined Ms. Mayfield. Ms. Mayfield testified that Mr. Jewell told her there were issues between him and Mr. Shane. She did not recall employees coming to her stating that they had issues with Mr. Shane. The issue Mr. Jewell had was that he was not happy when Mr. Shane was given the position during the reorganization. He did not agree with Mr. Shane’s management style and didn’t feel Mr. Shane had the experience. Mr. Prisbrey asked for a moment to speak to his client. He then continued. St. George City Council Minutes June 25, 2015 Page Eighteen Ms. Mayfield testified that Mr. Randall and Mr. Oxendine came to her approximately 2 1/2 years ago regarding the way Mr. Jewell talked to them and the way Mr. Jewell acting when he was present. Someone talked to Mr. Jewell, she cannot recall who; however, she believes there was some improvement. There was no performance plan implemented at that time. As the Human Resources Director, her job is to be involved if there is a problem with an employee. Mr. Prisbrey had no further questions. City Attorney Shawn Guzman had additional questions. Ms. Mayfield testified that after the appeal meeting with City Manager Gary Esplin, it was still her recommendation to terminate Mr. Jewell. She felt as though City Manager Gary Esplin was very understanding of the years of service that Mr. Jewell gave to the City and appreciative of the fact that he was so close to being able to buy out his retirement years. In her opinion, City Manager Gary Esplin’s decision to allow Mr. Jewell to continue his employment in a non-supervisory position and in another department was very generous. After the City Manager sent the offer to Mr. Jewell, she met with him on a Saturday at the Parks building because he wanted to pick up his personal belongings. At that time, Mr. Jewell asked for additional time to make a decision. City Manager Gary Esplin’s response was to give him as much time as he needed. When she talked with Mr. Jewell the following Monday, he asked about getting paid out his accrued PTO, comp time and sick hours. She told him that he needed to speak with Heather Dutton, who processes the payroll, which he did Tuesday morning. When he met with Ms. Dutton, he told her that he wanted to be paid out his accrued time. Because of his request, it is her opinion is that Mr. Jewell resigned his position with the City. When asked to turn to page 46 of the City’s exhibit, she stated that although the document (dated 2001) is before her employment with the City, it is a performance improvement plan for Mr. Jewell. She read number 3. City Attorney Shawn Guzman had no further questions. Mr. Prisbrey had additional questions Ms. Mayfield read portions of the letter sent to Mr. Jewell on April 23, 2014. She testified that initially Mr. Jewell was a day, but was then granted an additional weekend. If he did not choose to accept the position offered, he was considered to have resigned his position with the City. Mr. Prisbrey had no further questions. City Attorney Shawn Guzman called City Manager Gary Esplin. City Manager Gary Esplin testified that at the appeal hearing, he asked Mr. Jewell if he was able to function as a supervisor. Mr. Jewell didn’t think he could, he is too old school and could not accommodate the new programs and could probably not be a supervisor. Mr. Jewell also felt he could not go back to Parks in that organization. Mr. Jewell commented that he has not given 100% since the reorganization as he did not agree with it. At the meeting, Mr. Jewell’s years of service were discussed. When making his decision, Mr. Esplin said he looked the years of service Mr. Jewell gave to the City. He felt Mr. Jewell could probably be successful in a non-supervisory position with the City if he took it seriously and wanted to complete his years to get to St. George City Council Minutes June 25, 2015 Page Nineteen retirement as he mentioned in the meeting. He thought this would be an opportunity for Mr. Jewell to continue employment with the City in a setting that would not be confrontational, using his skills to help a department. He told other departments to freeze hiring to see if there was an opportunity to employee Mr. Jewell. He stated that these types of decisions are the most difficult part of his job. Based upon Mr. Jewell’s appeal to him, he modified the original decision that he made concurring with termination. He told Ms. Mayfield to give Mr. Jewell as much time as he needed to make his decision. City Attorney Shawn Guzman had no further questions. Mr. Prisbrey had no questions. City Attorney Shawn Guzman called Leisure Services Director Kent Perkins. Leisure Services Director Kent Perkins testified that he has worked for the City nearly 33 years. There have been concerns with Mr. Jewell’s treatment of employees in the past. Referring to page 46 of the City’s exhibit, he stated that it was a performance improvement plan that former supervisor Douglas Wulfenstein put Mr. Jewell on. Referring to page 23 of the same exhibit, he stated that it was a memorandum from Mr. Wulfenstein dated April 23, 1993. He read portions relating to Mr. Jewell’s communication skills. Referring to page 25 of the same exhibit, he stated that it was a memorandum from former supervisor Terry Schramm dated June 3, 1994. He read portions regarding Mr. Jewell’s attitude towards his work and employees. He recalled having conversations with Mr. Wulfenstein as well as other employees regarding problems with Mr. Jewell’s interaction with other employees. A predetermination meeting was held regarding his contemplated recommendation of Mr. Jewell’s termination. He and Human Resources Director Judith Mayfield explained to Mr. Jewell why they were there and what they wanted to talk about. Ms. Mayfield made clear that the opportunity was to share anything that would shed light on the concerns brought forth. At this meeting, Mr. Perkins stated that he referred to the bottom of the performance improvement plan which indicated that if Mr. Jewell did not abide by the tenets of the plan or fell back into not making improvement, there were grounds for additional discipline, including termination. During the meeting, he talked a lot about Mr. Jewell’s treatment of the people he worked with. Mr. Jewell indicated that he was old school and that his style was straight forward. Ms. Mayfield made it clear that Mr. Jewell’s language and treatment is not acceptable. Mr. Jewell commented that he knew; he said that was who he was, he gets in trouble if he says something or not. Additionally, Mr. Jewell stated that he had given 100% in the beginning, but not the last couple of years. In his opinion, Mr. Schmitt made an effort to work with Mr. Jewell to improve his performance; in fact, Mr. Schmitt asked if he could give Mr. Jewell additional time to obtain the playground safety certification. He discussed that with Mr. Jewell at the predetermination meeting also. Mr. Jewell did receive the certification; Mr. Perkins remembered sending an email to congratulate him. He believes Mr. Jewell has a lot of good talent and skills, but does not believe he is a supervisor. He wanted to see if there was another position Mr. Jewell can be demoted to and make it work. There was no place for Mr. Jewell to go as there were no open positions. Because of Mr. Jewell’s comments of not giving 100% over the last couple of years, he felt that Mr. Jewell did not care anymore; therefore, he went forward with the recommendation for termination to the City Manager. City Attorney Shawn Guzman had no further questions. St. George City Council Minutes June 25, 2015 Page Twenty Mr. Prisbrey had no questions. Mayor Pike called for a 5 minute recess, at which time each attorney will have 5 minutes for a closing statement. The meeting reconvened. Mayor Pike suggested giving each attorney five minutes for a closing statement. After the closing statements, the Council will deliberate in the Administrative Conference Room for up to 30 minutes. Mr. Prisbrey asked if he has the opportunity to present additional evidence. Mayor Pike stated that the Council has already given him time. He explained that he will have 5 minutes for a closing statement. City Attorney Shawn Guzman stated that the City was prepared to call additional witnesses, but with the time constraints, they were not able to. Mr Prisbrey asked if he could offer proof as to what a witness would testify as opposed to closing statement. Deputy City Attorney Paula Houston explained that they have done that in other cases where the sides will proffer evidence, but typically that is when both sides agree that they are willing to proffer. She explained the process. Mayor Pike commented that should have been during the allotted time. Deputy City Attorney Paula Houston stated that it is evidentiary, so it would have been in the original hour plus what was given. City Attorney Shawn Guzman stated that he would object as it is additional time. If they proffer evidence now, it could take all night. Mayor Pike stated that the Council will not allow that unless they feel otherwise. Mr. Prisbrey submitted. Deputy City Attorney Paula Houston explained that in court this typically happens if counsel does not feel it is necessary to argue. The Council can make their own decisions. City Attorney Shawn Guzman presented his closing statement. Referring to policy 4.50, Discipline and Employee Appeal, it outlines what behaviors can lead to disciplinary action. Performance evaluations are evidence showing there has been a continual problem with Mr. Jewell as far as interaction and mistreatment of fellow employees. Mr. Schmitt attempted to work with Mr. Jewell and most importantly, the City Manager offered him another position within the City rather than termination as was recommended, acknowledging his work with the City. The Council has to weigh the evidence and then say if the concur with the demotion or do they place him back in his position as a supervisor in the Parks Department. Mr Prisbrey asked to rebut. St. George City Council M...

...l a consultant from Salt Lake City gave a slide presentation regarding the parks, recreation, arts and trails on the Master Plan Update for the City of St. George. She indicated the biggest needs in the City is Neighborhood Parks. She said they would like the neighborhood parks to be 4-10 acres. Currently the City has 92 acres worth of neighborhood parks. They are also hoping for Community Parks that will be partially funded by impact fees. Community parks would range in size from 20-50 acres. Currently the City has 394 acres of community parks. She said they are recommending that in new development that the developer provide 4 acres per 1000 residents for neighborhood parks. Jan went over the recreation use for the City of St. George. Trails are the most used facility in the City from all age groups. There are currently 35 miles of existing trails. For future trails they made a list of priorities. Jan said their next action is to take it to City Council for a public hearing and adoption. She said 20% of the residents responded to the Parks Department survey. PLANNING COMMISSIONSeptember 26, 2006Page TwoCouncil Member Gail Bunker asked if there was any difference in family recreation as opposed to individual recreation. Jan replied the people with children generally were more interested in facilities for their children. Those activities that are City sponsored is what those families enjoy such as “First Night”. She said children programs came out well supported on the survey. Commissioner Burks asked if the developer would get any credit for the amount of recreation area they give to the City for their development. Jan replied that is an issue that will be discussed at City Council level.Commissioner Burks asked what household size number are they using to base the amount of recreation area for new developments? Jan replied 2.81 persons per household is being used. CONSENT ITEMS - FINAL PLATSA. Consider approval of a final plat for Stone Valley Estates Amended with 23 single-family lots located at 2780 East and 1200 South. Quality Development, representative. Case No. 2006-FPA-087Removed from the agenda.B. Consider approval of a final plat for Oasis at Middleton with 3 single-family lots located at 1800 East north of Middleton Drive. LeAnn Walters, applicant. Case No. 2006-FP-074MOTION: Commissioner Taylor made a motion to recommend to City Council approval of a final plat for Oasis at Middleton with 3 single-family lots located at 1800 East north of Middleton Drive, LeAnn Walters, applicant and authorize Chairman to sign. Commissioner Burks seconded the motion. All voted aye.C. Consider approval of a final plat for Escalera Phase 3 with 50 single-family lots located at 1900 East north of Middleton Drive. Brandon Anderson, Rosenberg & Associates, representative. Case No. 2006-FP-101MOTION: Commissioner Burks made a motion to recommend to City Council approval of a final plat for Escalera Phase 3 with 50 single-family lots located at 1900 East north of Middleton Drive, Brandon Anderson, Rosenberg & Associates, representative, and authorize Chairman to sign. Commissioner Taylor seconded the motion. All voted aye.PLANNING COMMISSIONSeptember 26, 2006Page ThreePRELIMINARY PLATSA. Consider a preliminary plat request for Meadow Valley Phase 8 with 4 dwelling units located at north Meadow Valley Phase 5 between 2350 East and Little Valley Road. Quality Development, representative. Case No. 2006-PP-047Jay Sandberg City Engineer stated that this subdivision has been on the agenda for Planning Commission before. They are considering 4 additional lots to this subdivision. The reason the 4 lots have been left out in the past is due to a need to construct a 72" pipe in the area that is now the irrigation tail water ditch. They have now worked out an agreement between Washington County Conversancy District, the City of St. George, and the developer to construct the irrigation area. Jay said there is a 25 foot wide trail and access right-of-way between Franklin Place Phase 2 and this subdivision for the irrigation pipe, sewer, and another irrigation line, and a trail. Staff has been concerned from early on in this subdivision with the number of lots proposed in relation to the area available for the tail water ditch/pipe. The 25 ft. right-of-way easement was originally proposed to be 30 ft., and is now 25 ft. and the irrigation pipe is very close to the lots. The lot that fronts Little Valley Road will need to have a 30 ft. setback.Commissioner Taylor asked about the frontage for lot 801. Jay said they have the bare minimum for the frontage on that lot which is 80 ft. MOTION: Commissioner Taylor made a motion to recommend to City Council approval of a preliminary plat request for Meadow Valley Phase 8 with 4 dwelling units located at north Meadow Valley Phase 5 between 2350 East and Little Valley Road, Quality Development, representative, requiring that there be a 25 ft wide trail right-of-way between Franklin Place Phase 2 and this subdivision for irrigation pipe to another irrigation line. Commissioner Bracken seconded the motion. All voted aye.B. Consider a preliminary plat request for “The Ledges” Phase 10 with 31 single-family residences located on the westerly side of the Ledges Development, south of Phase 6 and east of Phase 5. Randy Deschamps, applicant. Case No. 2006-PP-040Jay Sandberg City Engineer said this is a portion of the development that was approved for private streets. This design is for walk-out basements. Lots 101-107 to face the golf course which will require them to be back 150 ft from the center-line of the fairway to the lot. A minimum 150' center-line curve radius is required on Basalt Drive. PLANNING COMMISSIONSeptember 26, 2006Page FourMOTION: Commissioner Burks made a motion to recommend to City Council approval of a preliminary plat request for “The Ledges” Phase 10 with 31 single-family residences located on the westerly side of the Ledges Development, south of Phase 6 and east of Phase 5. Randy Deschamps, applicant and recommend staff’s comments. Commissioner Nobis seconded the motion. All voted aye.C. Consider a preliminary plat request for Southgate Townhomes with 65 units located at 2025 South Circle, south of the Atria Assisted Living and east of Mirage Estates and is adjacent to and west of I-15. Rob Reid, Rosenberg & Associates, representative. Case No. 2006-PP-042Jay Sandberg City Engineer said the concerns staff has is the driveways which have been positioned for the best sight distance possible. An analysis has been completed by Rosenberg & Associates. The units back-up to I-15 and there could be some discussion about appearance. The maximum height proposed is 2-1/2 stores and/or 35 ft. in height.Rob Reid with Rosenberg & Associates said they have been sensitive to the slope issues. Commissioner Taylor asked what the site will look like from the freeway side. Rob presented color renderings of the townhomes from the freeway. Commissioner Campbell asked what are the retaining walls made of? Rob said a 4x4 geneva block wall which will be colored as well. The street tree requirements will be met and there will be lawn and bushes. Chairman Almquist asked about the dog-ear wall on the end. Rob replied it will only be dog-ear on the west corner of the subdivision. Commissioner Burks asked how high are the power lines? Rob remarked anywhere from 20-40 ft. Commissioner Campbell asked if there will be any landscaping in front of the walls? Rob said no. Commissioner Campbell asked how far is their block wall away from the State’s chain-link fence along the freeway. Rob answered about 4 ft.MOTION: Commissioner Campbell made a motion to recommend to City Council approval of a preliminary plat request for Southgate Townhomes with 65 units located at 2025 South Circle, south of the Atria Assisted Living and east of Mirage Estates and is adjacent to and west of I-15, Rob Reid, Rosenberg & Associates, representative, subject to staff’s commentsPLANNING COMMISSIONSeptember 26, 2006Page Fiveand make sure the height is 35 ft and the concrete block wall along the I-15 has a maximum height of 8 ft. and landscaping between the interstate fence and the project’s block wall at intervals to break up the look of the block wall. The landscaping quantity’s shown on the elevation are also adhered to since there is not a site plan that is shown exactly. The exterior renderings should represent quantity’s both on horizontal plan and vertical plans. Commissioner Hullinger seconded the motion. All voted aye.D. Consider a preliminary plat request for Kachina Springs East Phase 3 with 85 units located along the easterly side of Snow Canyon Parkway in the southeasterly portion of the Entrada Planned Development. Brett Henke, Viewpoint Engineering, representative. Case No. 2006-PP-007Jay Sandberg City Engineer said they may want to look at these next two preliminary plat’s as they are across the street from each other. Chairman Almquist read Item E into the record.Jay said this subdivision required a Traffic Impact Study. Through this study it was asked for a right turn deceleration lane on Snow Canyon Parkway and existing round-about that will need modification. Pads 121 through 157 will become walkout basements. Jay said on Kachina Cliffs they want to make sure that the roads have the 10 ft. cut for clearance and site view that is being required from staff. MOTION: Commissioner Burks made a motion to recommend to City Council approval of a preliminary plat request for Kachina Springs East Phase 3 with 85 units located along the easterly side of Snow Canyon Parkway in the southeasterly portion of the Entrada Planned Development, Brett Henke, Viewpoint Engineering, representative and apply with staff’s recommendations. Commissioner Bracken seconded the motion. All voted aye.E. Consider a preliminary plat request for Kachina Cliffs Phase 3 with 26 single-family residences along the easterly side of Snow Canyon Parkway in the southeasterly portion of the Entrada Planned Development east of Kachina Springs East Phase 3. Brett Henke, Viewpoint Engineering, representative. Case No. 2006-PP-044MOTION: Commissioner Burks made a motion to recommend to City Council approval of a preliminary plat request for Kachina Cliffs Phase 3 with 26 single-family residences along the easterly side of Snow Canyon Parkway in the southeasterly portion of the Entrada Planned Development east of Kachina Springs East Phase 3, Brett Henke, Viewpoint Engineering, representative, and recommend staff recommendations be complied with. Commissioner Bracken seconded the motion. All voted aye.PLANNING COMMISSIONSeptember 26, 2006Page SixF. Consider a preliminary plat request for The Cliffs of Snow Canyon Plat M with 1 single-family residence located between lots 206 and 207 of The Cliffs of Snow Canyon Plat H. Ryan Cowley, representative. Case No. 2006-PP-044This item was removed from the agenda. Public hearing items for 5:00 p.m. will now be heard.PLANNED DEVELOPMENT AMENDMENT - PUBLIC HEARING (5:00)Consider a request to amend the previously approved PD (Planned Development) for “The Ledges.” The PD is for single-family lots, 18 hole golf course, church site, a fire substation, spa site, and commercial center. The amendments include relocation of the round-about, changes in parks (public and private), reduced number of units, road layout changes, commercial site location change, and the west side would be a gated community, and the east side would be a public community. The subject area is located at SR-18, south of Winchester Hills. The applicant is Ledges Partners, and the representative is Mr. Randy Deschamps. Case No. 2006-ZCA-017Bob Nicholson Community Development Director reported on an amendment to an approved development zone. Bob explained that when there are changes to a PD request then it is required to come before the Planning Commission. There are no changes in the boundary of the PD plat. The actually number of dwelling units have decreased, they have dropped about 300 housing units from their development. The round-about has shifted about 1,200 ft. to the south. There are some changes in the parks. There are about 6 new parks plus a natural area which features the red rock area. The commercial location has changed. The area for commercial has been reduced and relocated to the northern part of the subdivision. Bob said the buffer that was originally approved along Winchester Hills and the JEL Ranch remains the same. There is a 100 ft. open space buffer along those subdivisions. Randy Deschamps the developer said they have met with the City’s Fire Marshall and the Fire Marshall feels the location of the new fire station is appropriate. Commissioner Nobis asked the reasoning for moving the commercial area? Randy replied when they had it on the southern portion of their project they planned on an access but when the access went away then it did not make sense to have the commercial site there. That is when they decided to move the location. Randy said there is not much need for a commercial site. The area for one of the commercial sites will be for professional office. The other area they have reserved for one level office area. He doesn’t plan on doing any retail commercial sites. PLANNING COMMISSIONSeptember 26, 2006Page SevenCommissioner Taylor said it would be a nice concept to have a neighborhood convenience store for the area. Randy said if in the future that is a need they would be open to that. Commissioner Campbell felt it would be better to identify an area now for a convenience store before the project is almost finished. Randy said he could do that at any time. Commissioner Nobis asked if they have talked to any of the Winchester Hills residents about the commercial site being moved closer to them? Randy said he has talked to a few. Their main concerns were what type of use would be there and what would it aesthetically look like from their view. Randy addressed the public parks vs. the private parks. He said most of the park settings will be on the east side of the project are public. MOTION: Commissioner Taylor made a motion to recommend to City Council approval of a request to amend the previously approved PD (Planned Development) for “The Ledges.” The PD is for single-family lots, 18 hole golf course, church site, a fire substation, spa site, and commercial center. The amendments include relocation of the round-about, changes in parks (public and private), reduced number of units, road layout changes, c...

... one-third rentals. This represents eleven blocks after deducting out the parks, hospital, and church properties. Residents in this area facing a change as the homes age and there is very little room for new homes. When these properties change hands they more than likely become rental properties, and if the zone St. George City Council Minutes July 11, 2002 Page Eight allows, they become duplexes. This has a vast impact on single family dwellings in the area as far as value of the well-kept, maintained homes in the same neighborhood. Also, because of declining property values created by the rentals, residents are hesitant to update and make improvements to their homes. He encouraged holding the line on any upzoning and, where possible, to downzone to R-1 single family only, and be prudent in allowing any new PUDs in this area. Kenton Barker advised that he conducted a study of the area from 100 South and 700 South and between 500 East and 700 East. The area between 400 South and 700 South is zoned R-1 except for some R-3 and consists of six blocks. Five blocks are low density, but one block has high density. There are 142 residential units in this area, with 84 owner occupied and 58 rentals. 40% are rentals, but 33% of those rentals are in one block. The other area studied is the area between 100 South to 400 South and from 500 to 700 East. This is zoned R-2. There are 135 units in these six blocks, with 116 owner occupied and only 19 rentals. There are 108 single family homes, which is 80% of the total. There is a great difference between the east and west ends of town. The west end has become high density. It is proposed to maintain the status quo. He distributed a petition signed by 85% of the homeowners in the area for rezoning from R-2 to R-1. Neighbors met several months ago to discuss potential changes in the area by the College. He distributed a brochure emphasizing the benefits of living in the downtown area. He asked the City Council to zone the area R-1 in accordance with the actual usage. Many of the homes now have young families. He stated that housing which attracts more rentals is not needed, but housing that attracts yong families whose children will attend the existing schools and whose parents will be actively involved in the community is needed. Stability of neighborhoods is desired, with an end put to deterioration that has affected other blocks due to fast, high density development. Rezoning of the area below 400 South would help maintain a quality neighborhood surrounding the College. He commented that there is already sufficient student housing on the north, east and south sides of the College, as well as in outlying areas. He stated residents of the area want to preserve the integrity of their neighborhood and ensure property values are maintained and are not negatively impacted due to deteriorating properties. The City has invested much in the downtown area and this investment should be maintained. The Neighborhood Enhancement Committee supports the Planning Commission's recommendations concerning the Amended General Plan in the downtown area. Doug Alder advised that interior downtown neighborhoods often become blighted, as in Ogden, Salt Lake City, and Provo. The purpose of the study was how to prevent the downtown area from becoming blighted. At the core is the historical district, surrounded by downtown neighborhoods. The area he and Kenton Barker studied is quite different from the west downtown area, as the area consists mainly of owner-occupied single family homes, beautifully landscaped and well maintained. There are also excellent amenities. The area is endangered and may become like the blocks to the west unless action is taken. He suggested that the City Council act now to prevent decline. The area does not now need rehabilitation, only rezoning. The neighborhood can be saved from decline, but if the City Council does not act now, many residents will be encouraged to move out. There are many young families moving in and the neighborhood is revitalizing as they move in. It is hoped that federal programs can be obtained to attract more young families. The Committee commits that they will be involved for another decade to work closely with the Planning Commission, and report violations of the Zoning Ordinance. Sidney Davies expressed concern with the SID in Little Valley and wondered how development in the area will affect the SID as it has not yet been resolved. It is hoped that as developers come in and use the rights-of-way, they will assume some of the SID fees. With development, developers are going to use the access that the residents paid for, and development of the sewer lines. Many of those who voted for the SID did not have to pay into the SID, which overruled St. George City Council Minutes July 11, 2002 Page Nine the votes of others because of the amount of land owned. She inquired about a trail system in the Little Valley area. She expressed hope that the City Council would not allow higher density in the area and that it be preserved while still allowing growth. She commented she would hate to see the ranchers forced off their land by development. Gloria Shakespeare reviewed the maps of the downtown area with the City Council. Council Member Isom commented that she has lived in her home on 100 South for 37 years, and tonight is the first she realized the zone had been changed to R-2. Mrs. Shakespeare advised that many residents do not realize that the zone in which they live is R-2, 3 or 4. The danger with R-2 zoning is that 6,000 sq. ft. is needed for the first residence, and only 2,000 sq. ft. for the second. Every home within an R-2 area on an 8,000 sq. ft. lot can turn into a duplex. As she has researched throughout the entire country, this zoning is almost unheard of. Most cities require 6,000 sq. ft. for the first residence and 6,000 sq. ft. for the second. If the vision for the City is aesthetically pleasing neighborhoods and management of growth to protect the quality of life, she inquired how current zoning and development help to create and protect neighborhoods. She then read an excerpt from a decision of a Utah Court of Appeals case regarding downzoning. The Neighborhood Enhancement committee believes the City should downzone to conserve the value of properties and encourage the most appropriate use thereof, promote the integrity of neighborhoods and preserve and create residential character which is related to the general welfare of the community. By restoring and protecting single family homes, the City Council will also protect the public health, safety and welfare in the heart of the community. Much has been invested into the historical sites, and most are in the downtown area. If these sites become unhealthy, unsafe and unattractive, it will affect the tourist industry and economics. The General Plan states that residents have the right to determine the quality of life they wish to preserve. The quality of life is the same as stated in the General Plan, a city with shade trees, well-landscaped areas, aesthetically pleasing neighborhoods, well landscaped areas, relatively crime free, and where growth is well managed. The Neighborhood Enhancement Committee has performed its in-depth study to assist the City Council in restoring balance and vitality to the heart of the City. She asked that the property be downzoned to what it is currently being used as, high density construction be stopped, available vacant ground utilized for single family development to help create healthy single family neighborhoods, and that a rental ordinance be adopted to help protect single family neighborhoods. Melanie Olsen, principal of West Elementary, commented that West Elementary's students have 83% mobility, 45% are on the free and reduced lunch, 20% are ESL, 17% come from single families, and 4% are homeless. Homeowners and strong families are needed back in the area, as there is an outside fringe element that turns over every 90 days, as it takes 90 days to be evicted. She supported the idea of having the stability of homeowners in the area. Dixie Andrus, principal of East Elementary, advised that right now the school has the perfect balance and diversity - it has the largest ESL population and a large percentage of students on the free and reduced lunch program, but there is also a very strong section of single family homes. She asked the City Council to not allow a change in the area. Brent Greenwood advised that he owns two pieces of property in the Little Valley area. The amended General Plan shows one parcel as low density residential and the other as rural residential. He asked that both pieces be zoned low density residential. St. George City Council Minutes July 11, 2002 Page Ten Mayor McArthur replied that the General Plan is not necessarily site specific and properties located along the borders can change as part of a zone change request. Bob Nicholson commented that with regard to the downtown area, once the General Plan is adopted, staff will work with the Committee to bring in blocks at a time for downzoning, starting with the east side by Dixie College as it is the most vulnerable because of student housing needs. Georgia Barker commented that some of the elderly residents in the east downtown area have been contacted by speculators who told them that if they don't sell to them now, they will have an apartment built next to them. There being no further public comment, Mayor McArthur closed the public hearing. Council Member Allen made a motion to approve the updated General Plan and Land Use Map with the changes presented by Community Development Director Bob Nicholson by resolution. The motion was seconded by Council Member Whatcott. He inquired about the master plan for the Ledges and asked if it needed discussion, as the proposed 200' buffer is in essence a single loaded road with one row of houses. Community Development Director Bob Nicholson commented that the Ledges master plan shows an area designated as "resort commercial." There is no such designation within the City's General Plan. He suggested that the designation either be removed pending a more detailed plan, or that it be called something other than resort commercial, perhaps mixed residential. Randy Deschamps commented that the buffer is a single loaded road, with the assumption that an acre lot would be 200' x 200', and this was done in response to concerns expressed at the last public hearing by residents of Winchester Hills. He commented that many things will be done there and the City Council will see every issue, there will be many hearings, and neighbors will have the opportunity to comment and review them. He stated he did not think there would be a problem with what is intended. He stated the if one acre lots are done on one side of a street, it is likely there might be the same thing on the other side of the street, or whatever is going to make land use sense. There might also be open space adjacent to that area as part of the buffer. If the developers choose to not do acre lots in that format as a buffer, something else will be done in that area such as bridle paths to separate the developments. The developers would also like to have a buffer because they probably will not do the same kind of development as Winchester Hills. The acre lots that would be adjacent to Winchester Hills, if that is the form they will take, would probably have significant architectural controls on them in addition to just being acre lots. Council Member Allen inquired if the developers were considering doing any clustering. Mr. Deschamps replied that clustering would be done in some areas. This is why the developers did not want to do the acre lots necessarily, as that is contrary to the clustering, and they would rather have open space there and cluster somewhere else. When the City Council sees what will actually be done it will probably vary, but a minimum was put in there. The City Council will see any plan presented. Council Member Isom inquired what was planned for the resort commercial zone. Mr. Deschamps replied that the area is the center of where the golf course center may be, and the developers are not really asking for that designation. They are not too concerned about that, and will have to justify it in any event. St. George City Council Minutes July 11, 2002 Page Eleven Mayor McArthur commented that since the City does not have such a designation, it should not be shown. Mr. Deschamps replied he did not have a problem with that at all. Mayor McArthur commented that with regard to the Little Valley area and bridle paths, a lot of rights-of-way would have to be given and cooperation had within the neighborhood. The City would participate, but the neighborhood will have to decide because it is their land. The City cannot now come in and demand a trail through their property. City Manager Gary Esplin advised that the assessments in the Little Valley area are finished and will be mailed out shortly. Additionally, developers pay their costs the same as residents on whatever roads they impact, as well as their sewer costs. Each developer pays his or her same share as the residents are paying now. Brent Greenwood asked the City Council to vote on changing one of his parcels of property in the Little Valley area from rural residential to low density residential. Mayor McArthur replied that he would be able to come back and ask for a zone change on that piece of property. Community Development Director Bob Nicholson advised that Mr. Greenwood came in six months ago for a zone change in the area and was turned down. The City is trying to send a message that the City prefers rural residential zoning for the area in question. Council Member Orton advised Mr. Greenwood that he would have to show the City Council something a lot different than they looked at before in order to change the zone. City Manager Gary Esplin commented that the Master Plan is not so specific that a line can be drawn on a map, and when Mr. Greenwood comes in for a zone change, he can make argument for deviation from the General Plan. But the City cannot go out and specifically draw the line around people's boundaries as that is not what a General Plan is. It is a general concept and specifics are done when the actual zoning takes place. The message is in that particular area the City wants no more than two units per acre, maximum, unless circumstances change that opinion. Mayor McArthur called for a roll call vote, as follows: Council Member Orton - aye Council Member Whatcott - aye Council Member Isom - aye Council Member Allen -aye The vote was unanimous and the motion carried. Mayor McArthur called for a five minutes break. PUBLIC HEARING/ZONE CHANGE/ORDINANCE: Public hearing to consider a request for a zone change from R-1-10 to AP for property located at approximately 115 South Mall Drive. Rocky Mountain Corporation and Kent Heideman, applicants. Associate Planner Mark Bradley explained the property consists of 5.21 acres of property. The amended General Plan shows the area as professional office. The Planning Commission recommends approval. Current plans for the site include a mortuary. St. George City Council Minutes July 11, 2002 Page Twelve Mayor McArthur commented that the property in question is a narrow strip and the City is not allowing access onto Mall Drive because it is a collector road. Mayor opened the public hearing. There being no public comment, he closed the public hearing. A motion was made by Council Member Isom and seconded by Council Member Orton to approve the zone change by ordinance. Mayor McArthur called for a roll call vote as follows: Council Member Isom - aye Council Member Orton - aye Council Member Allen - aye Council Member Whatcott - aye The vote was unanimous and the motion carried. RESOLUTION: Consider approval of a resolution authorizing the sale of City-owned property to Mr. Gary Gardner in the area adjacent to the Southgate Golf Course. Mayor McArthur advised that this item was tabled from the last City Council meeting pending a site visit, which was made. Community Development Director Bob Nicholson advised that he and Mark Bradley also visited the site to view neighboring properties. The subject property is along the No. 12 fairway. He displayed pictures of how rocks were stacked on neighboring properties. The recommendation from staff is to have Mr. Gardner stack his boulders and terrace more in line with what the neighbors around him have done. Mr. Nicholson advised that Mr. Gardner is requesting purchase of 3,395 sq. ft. of City property. Council Member Whatcott commented that the rocks were the initial issue, but there is a secondary issue in that the rocks block the view of two lots next to it. To the west of the property is a natural barrier that ties directly with Mr. Gardner's property line. He suggested the wall begin on the actual property line on a 1:1 rate so that it matches the other decor in the area. Mr. Gardner will then not need the full 3,395 feet, and he expressed opposition to Mr. Gardner's purchase of 3,395 ft. as his rock slope extends an extra 27' and blocks the view of the other two lots. He made a motion to approve sale of enough property to Mr. Gardner to stack the rocks from the back of his property line on a 1:1 slope to the bottom. Mayor McArthur commented that a plan for stacking the rocks will have to be submitted to the City. Council Member Whatcott stated that the City would also have to approve the plan. The acreage sold to Mr. Gardner will have to be recalculated after submission and approval of the design. Council Member Allen inquired if there was a way to stop this from happening again. Council Member Whatcott replied that it is City property that is being encroached upon. Mayor McArthur commented that others have encroached on to City property, and they will have to do the same thing. City Manager Gary Esplin commented that this issue can be dealt with when the building permit is taken out. St. George City Council Minutes July 11, 2002 Page Thirteen Council Member Allen seconded the motion. Mayor McArthur called for a roll call vote, as follows: Council Member Whatcott - aye Council Member Allen - aye Council Member Isom - aye Council Member Orton - aye The vote was unanimous and the motion carried. Mr. Gardner stated that he did not understand the City Council's decision. Community Development Director Bob Nicholson replied that the City Council is asking that the rocks be stacked on a 1:1 slope from the edge of the property, and that a plan be presented to the City. Depending on how much land is consumed, that is what will be sold. Mr. Gardner inquired who would inspect the work. He was advised to work with Bob Nicholson. BEER LICENSE: Consider a request for approval of a beer license for the Blarney Stone at 64 North 800 East. Jill Mayer, applicant. City Manager Gary Esplin advised that the application has been reviewed and meets all requirements. It is a change of ownership. Mayor McArthur inquired of Chief Stratton what kind of response the police have had at the Blarney Stone in the last while. Chief Stratton replied that in the last year and a half there have not been many problems at all. A motion was made by Council Member Orton and seconded by Council Member Isom to approve the beer license. City Manager Gary Esplin commented that if there is a violation of the ordinance, the approval can be canceled at any time. Mayor McArthur called for a vote, as follows: Council Member Orton - aye Council Member Isom - aye Council Member Whatcott - aye Council Member Isom - aye The vote was unanimous and the motion carried. BEER LICENSE: Consider approval of a beer license for the Flying J Travel Plaza at 2841 South 60 East. Flying J, Inc., applicant. City Manager Gary Esplin advised this was a change of ownership. A motion was made by Council Member Orton and seconded by Council Member Whatcott to approve the beer license. Mayor McArthur called for a vote, as follows: Council Member Orton - aye Council Member Whatcott - aye Council Member Isom - aye Council Member Allen - aye St. George City Council Minutes July 11, 2002 Page Fourteen The vote was unanimous and the motion carried. USE OF PARK AND FEE WAIVER: Consider approval of use of Snow Park and request for a fee waiver for the North American Flyball Association. Linda Gummow and Jenna Brown, members of the Stampede Dog Racing Flyball Team for St. George, Utah, advised they currently practice in the Santa Clara Park, and would like permission to use Snow Park also. Practices are usually held on Sundays. They also requested a fee waiver as they are a non-profit organization. They would like to spray paint lines on the grass with the same kind of paint used on the soccer fields. They then played a video tape of the sport. Mayor McArthur advised that it is against City ordinance to allow dogs in parks if not on a leash. Council Member Whatcott inquired about pick-up and disposal of dog waste. Ms. Gummow and Ms. Brown responded that when the dog is not being run on the field by the owner, it is always contained, either in a pen, kennel or on a leash. Dog waste and trash removal is performed after each practice. All dogs must be vaccinated and licensed in order to participate. They advised they would like to eventually host a tournament in St. George. A motion was made by Council Member Allen to approve use of the park and a fee waiver. The motion was seconded by Council Member Orton. Mayor McArthur commented that approval to use the park should be on a trial basis. He then called for a vote, as follows: Council Member Allen - aye Council Member Orton - aye Council Member Isom - aye Council Member Whatcott - aye The vote was unanimous and the motion carried. Mayor McArthur again advised that Item 6A7 was tabled from the agenda and would be heard at the City Council meeting of July 25, 2002 due to a mix-up in City Council meeting dates in July. USE OF PARK: Consider a request from the Red Rock Center for Independence for approval to use Worthen Park on July 26, 2002. City Manager Gary Esplin advised the Red Rock Center for Independence would like to have a bake sale and face painting activity in Worthen Park as part of their march and celebration on July 26, 2002. Mary Herrera, Vista volunteer, explained that July 26, 2002 is the 12th anniversary of the Americans With Disabilities Act, and Red Rock Center would like to hold their second annual march and celebration in conjunction with this anniversary. A motion was made by Council Member Whatcott and seconded by Council Member Isom to approve use of the park as requested. Mayor McArthur called for a vote, as requested: Council Member Whatcott - aye Council Member Isom - aye Council Member Allen - aye Council Member Orton - aye St. George City Council Minutes July 11, 2002 Page Fifteen The vote was unanimous and the motion carried. CLARIFICATION OF ORDINANCES: Consider a clarification of the Park Ordinance and Business License Ordinance regarding mobile vendors selling adjacent to City parks. Deputy City Attorney Ron Read explained that mobile vendors are vending as close as they can to parks during organized activities at which other vendors have paid for the right to vend in the park, such as at the Art Festival. The Business License Officer has interpreted the Parks Ordinance to mean that a park includes the park side of the street, therefore a mobile vendor could not pull up next to a park and vend. However, they could vend on the other side of the street which creates safety problems for children crossing the street. Several mobile vendors would also like to go into parks (parking lots) which do not have concessionaires, such as Snow Park. They are also requesting permission to vend from the parking lots at Tawa Ponds. Mayor McArthur commented that he can see a problem arising where children might be in a park and wave a vendor over to sell them ice cream, and rather than the kids run across the street, they pull in next to the park. This makes sense. He commented that if the City does not have an organized activity in a park such as the Fourth of July, or Art in the Park, etc. where there are concessionaires, it would make sense to allow the mobile vendors to vend on the street side of the park. However, if there is a contract with a concessionaire at a park or City facility, mobile vending should not be allowed. Deputy City Attorney Ron Read advised that the Parks Ordinance stipulates that there be no vending or sales within a park. The mobile vendors' position is that a street is a street, not part of the park. Staff's position is that if a mobile vendor pulls up next to a park, that is vending in the park because that is where the sales are directed. Both ice cream mobile vendors have indicated they will stay away from the parks when there are concessionaires present. Mayor McArthur clarified that the issue is whether the mobile vendors can vend on the street side of the park when there are no concessionaires present, or they can buy a permit to vend in the park if there is a special activity, just like other vendors at special events. City Manager Gary Esplin advised that any time there is a commercial activity in the park, permission from the City Council must be obtained. Deputy Ron Read advised that the mobile vendors would like permission to also vend within the parks which have internal parking, such as Snow Park. Council Member Orton made a motion to approve mobile vending on the street side of the parks, and within the parks with internal parking, as long as there are no activities or concessionaires in the park. The motion was seconded by Council Member Allen. Mayor McArthur called for a vote, as follows: Council Member Orton - aye Council Member Allen - aye Council Member Isom - aye Council Member Whatcott - aye The vote was unanimous and the motion carried. City Manager Gary Esplin cautioned that staff will bring this issue back in for review if abuses are noted. 400 East is a very busy street and parking is at a premium. If the vendors are stopping in the travel lane and the children are going out into the travel lane, there is a problem. If there is no place to park, they should not be vending there. This is the position staff will take on this issue. St. George City Council Minutes July 11, 2002 Page Sixteen Leisure Services Director Kent Perkins advised that the City has exclusive contracts with concessionaires in the parks, and they pay the City for the right to be there. If mobile vendors are allowed to drive into the park or vend on the street side of the park, this would be contrary to the exclusive contract. City Manager Gary Esplin and Mayor McArthur clarified mobile vendors could not vend anywhere there is a concession. Council Member Whatcott clarified that the mobile vendors can vend in City facilities without concessionaires. City Manager Gary Esplin clarified that mobile vendors cannot vend in parks or City facilities which have contracted concessionaires, even if the concessionaire is not present, as they have paid for an exclusive right to vend there. Deputy City Attorney Ron Read advised that Herb Basso has already provided a list of parks which do not have concessionaires, and this will be passed along to the mobile vendors. John LeGant, owner of Dad's Ice Cream, stated it was never his intent to cause any problems as he was never informed about the prohibition of selling on the street side of the park. He stated that twice his drivers have been pulled over for stopping to sell. Mayor McArthur advised that parking for extended periods of time is not allowed, as mobile means moving from spot to spot. SET PUBLIC HEARING: Associate Planner Mark Bradley advised that a motion in Planning Commission meeting held June 25, 2002 to recommend advertisement of a zone change from RE-37.5 and OS to C-3 on 4.424 acres located west of Dean Terry's home at 2121 West Sunset Blvd. failed on a 3-4 vote. A motion was made by Council Member Orton and seconded by Council Member Allen to set a public hearing for August 1, 2002 at 5:00 to consider the zone change request. Mayor McArthur called for a vote, as follows: Council Member Orton - aye Council Member Allen - aye Council Member Isom - aye Council Member Whatcott - aye The vote was unanimous and the motion carried. HILLSIDE DEVELOPMENT PERMIT AND PRELIMINARY PLAT: Associate Planner Mark Bradley explained that both the Hillside Review Board and Planning Commission recommended approval of a hillside development permit and preliminary plat for Kachina Cliffs at Entrada located on Entrada Trail east of Snow Canyon Parkway with 25 lots. Brent Beesley and Howard Sierer are the applicants. Engineering staff recommends that the Entrada Trail area which comes off Snow Canyon Parkway should have an asphalt width of 29' instead of 25'. The reasoning for the recommendation is because of traffic, access, and safety concerns. The Fire Marshall also feels 29' is in the best interests in the community. Howard Sierer explained this is the 11th plat to come before the City Council for approval, and he proposed that this 11th plat be approved in a similar manner. He proposed that the road be maintained at 25' rather than 29' because every other road in Entrada is 25' unless it has a median. This is not done to squeeze more houses in, but to minimize the asphalt and disturbance to the natural terrain. The area is very low density, and the road proposed will serve a total of 25 lots now, and eventually another 15. Most of the homes are second homes, and very few have children. The streets are private and gated with very little St. George City Council Minutes July 11, 2002 Page Seventeen traffic. No one parks on the streets because it is required that cars be parked in the driv...

... The vote was unanimous and the motion carried. FEE WAIVER AND USE OF PARKS: Consider a request for approval of a fee waiver from the Southern Utah Soccer League as well as permission to use Christensen Park, Dixie Downs Park, and Sunset Park for league games during the fall. Assistant Leisure Services Director Herb Basso advised that the St. George Leisure Services Department has typically been the host for surrounding areas’ programs and currently sponsors a soccer program and the AYSO soccer program. A Southern Utah Soccer League formed last year, and Hurricane offered to let them play on its fields, but they declined, and are requesting permission to use three City parks for their games, as well as a fee waiver for use of those parks. Mr. Basso suggested it was time the City shared the burden of operational costs and wear and tear on the parks with neighboring cities so that the Parks Department is not taking the brunt of all the outdoor activities and other cities share the costs and impacts. He advised that allowing use of three parks at no charge will negatively impact the parks without receiving any revenue. He expressed concern that the request was for use of three neighborhood parks, as these parks were developed with the understanding that they were for the neighborhoods, and not City programs. In fact, the City itself is banned from using the parks for City programs, and it would be unfair to allow a private entity to use them when the City cannot. Mayor McArthur commented that a discussion with the applicant was needed, as the City would have no problem co-sponsoring the league. Council Member Whatcott advised that use of the three neighborhood parks by the applicant would eliminate family use of the parks, and he struggled with using tax dollars to maintain facilities for use by private organizations without compensation. Mr. Basso suggested he would arrange a meeting with the applicants in an attempt to let them know of the challenges faced by the City in considering their request and encourage them to work with other cities for use of their fields. Council Member Isom asked Mr. Basso to pass along to the applicants the City Council’s concern as well, and report to the Council at a later date. POLICY: Consider approval of a policy regarding installation of temporary water and power connections. Water and Power Director Wayne McArthur advised this policy would affect installation of temporary meters for entities such as snow cone shacks, etc. He advised that the City approved a policy years ago but it was overly strict and has been updated to reasonably meet temporary meter needs and update fees. A motion was made by Council Member Isom and seconded by Council Member Orton to approve the policy as presented. Mayor McArthur called for a vote, as follows: Council Member Isom - aye Council Member Orton - aye Council Member Allen - aye Council Member Whatcott - aye The vote was unanimous and the motion carried. POLICY: Consider approval of a policy establishing the City’s generation procedure for power. This item was tabled. AIRPORT LEASE: Consider approval of an airport lease for Kenneth Bills at the municipal airport. St. George City Council Minutes June 21, 2001 Page Fifteen City Attorney Jonathan Wright advised the proposed lease is the City’s standard airport lease. A motion was made by Council Member Orton and seconded by Council Member Whatcott to approve the lease as presented. Mayor McArthur called for a vote, as follows: Council Member Orton - aye Council Member Whatcott - aye Council Member Isom - aye Council Member Allen -aye The vote was unanimous and the motion carried. PROFESSIONAL SERVICES CONTRACT: Consider approval of a professional services contract with Alpha Engineering for the Bloomington drainage project. City Engineer Dave Demas advised that the City already had Alpha Engineering under contract on the Navajo Detention Basin, and at one time this work was part of that proposal, but it was removed. The City is now ready to move forward with the drainage work. The amount of the contract is $53,344. A motion was made by Council Member Isom to approve the contract with Alpha Engineering as presented. The motion was seconded by Council Member Whatcott. Mayor McArthur called for a vote, as follows: Council Member Isom - aye Council Member Whatcott - aye Council Member Allen - aye Council Member Orton - aye The vote was unanimous and the motion carried. RELEASE OF PROPERTY: Consider approval of a release of property for Sandale Investments, LC. Dale Jones, applicant. Council Member Whatcott explained that Mr. Jones proposes that the City release four acres of the property in the area of the old sewer plant he is purchasing from the City and for which he has been making payments. He has paid more than half of the amount owed. Council Member Isom commented that release of the land would leave the City in a good equity position. A motion was made by Council Member Orton and seconded by Council Member Isom to approve release of four acres of property to Mr. Jones. Mayor McArthur called for a vote, as follows: Council Member Orton - aye Council Member Isom - aye Council Member Whatcott - aye Council Member Allen - aye The vote was unanimous and the motion carried. SPECIAL EVENT PERMIT: Consider approval of a special event permit for use of the Sunbowl on August 17, 2001 for a concert. Darry Alton, applicant. This item was removed from the agenda at the request of the applicant. DONATION OF PROPERTY/MAINTENANCE AGREEMENT: Consider acceptance of a donation of property for a neighborhood park adjacent to The Villas at Pinebrook on Indian Hills Drive, and associated maintenance responsibilities. St. George City Council Minutes June 21, 2001 Page Sixteen Parks Superintendent Lynne Scott advised that the Parks Department has reached an agreement with Mr. Cary Blake for donation ...

... Concert in the Park Series is a celebration of wonderful music, open parks, and family celebration. The Series runs April through September...

...vals had been obtained from the Police Department, Fire Department and the Parks Department. Mr. Mortensen said staff recommended approval for the special events permit. Mayor McArthur asked if the applicant wanted to make any comments Ronald Enos said he was the President of the Southern Utah Polynesian Association and stated that the association has given out several scholarships in the amounts of $200 to $300. He explained that the cultural festival is a three-fold activity. He said there is a concert, arts and crafts and various activities. Mr. Enos said the festival is intended to promote ethnic cultures. MOTION: A motion was made by Council Member Bunker to approve the special event permit. SECOND: The motion was seconded by Council Member Pike. VOTE: Mayor McArthur called for a vote, as follows: Council Member Pike - aye Council Member Bunker - aye Council Member Shakespeare - aye The vote was unanimous and motion carried. FINAL PLAT: Assistant to the City Manager Marc Mortensen stated City Manager Gary Esplin noted that one of the items discussed in the Planning Commission meeting held on March 10, 2009 was a request from Sun River for approval of a final plat for ?Sun River Phase 29.? He said Mr. Esplin pointed out that there was still some concern about park property that was to be deeded to the City from either SITLA or Sun River. Mr. Mortensen said that had not occurred and asked Todd Jacobsen to discuss the issue. Mr. Todd Jacobsen, Project Manager, stated the final plat was to create sixteen (16) residential lots. Mr. Jacobsen explained that Scott McCall, representative for Sun River had information about the park issue. Mr. Jacobsen stated the site is located on Heather Glen Drive at approximately 1550 West and 4900 South; the zone is PD. He said the staff and the planning commission recommended approval. Mayor McArthur said he wanted to hear from the applicant about the park issue. Mr. Scott McCall distributed a Sun River Parks Fact Sheet and map to the City Council. He stated that they had just found out about this concern four days ago through an email. Mr. McCall said he thought the issue was with the 4.6 acre area at the west end of Sun River Parkway. He explained they have recently started to put in a dog park in that area. Mr. McCall stated that two years ago Sun River came to the City and discussed trails, parks, and St. George City Council Minutes March 19, 2009 Page Four the fire station. He said the fire station issue had been resolved with a donation of land and grading of the property. Mr. McCall said they followed up that discussion with the City with several meetings with the Parks Department and Sun River planned a general trails and parks scenario which is reflected on the map he handed out. He said the map shows exactly what was decided two years ago. Mayor McArthur asked Mr. McCall if the land shown in the upper right hand corner of the map belonged to Sun River. Mayor McArthur said one of their concerns was where the trail comes through and being able to connect to the trail system and having the right of way to do that. Mr. McCall said the 3.7 acres on the east edge of phase 13 that Mayor McArthur asked about had been the topic of recent discussions with Kent Perkins, Director of Leisure Services and Laura Taylor, Parks Planning Manager. He said he understood that mapping was being created along with trail design. Mayor McArthur asked Mr. McCall if there was a right of way approved for that parcel of land. Mr. McCall said it would be a dedication to the City. Mayor McArthur asked Mr. McCall if the dedication had been made. Mr. McCall said it had not been made. Mayor McArthur asked Mr. McCall if they were willing to get the dedication made. Mr. McCall stated that they were and they had committed to the City two years ago that they would do that. Mr. McCall said the same commitment had been made about the 4.6 acres at the end of Sun River Parkway. Mr. McCall explained that all of the land outlined in red on the map are parks scattered throughout the project. Council Member Bunker asked Mr. McCall if those were public parks. Mr. McCall said they were not. He stated they were all private. He said because of having so many private facilities throughout the project, introducing public parks would give redundant recreational facilities to the area. He said they have provided more than the City would under their current standards. Mayor McArthur explained the City?s goal had been to have a public park within a half mile radius of every resident and they need to do that for this project as well. He stated the City had been collecting park impact fees that need to be expended in that area for public facilities. Mr. McCall said Sun River had built a lot of open parks and they didn?t get used. He said that the Community Center gets used. He said trails would be a more appropriate recreational use in the Sun River area. Mr. McCall said SITLA had committed land for park use in their PD. He stated that he believed from his meetings with Kent Perkins and Laura Taylor they were moving forward with the portion of land along the east border of phase 13 for the trail. Mr. McCall said they would turn over the portion of land on the west end of the Sun River Parkway as soon as a trail head is established. St. George City Council Minutes March 19, 2009 Page Five Director of Leisure Services, Kent Perkins stated he, Laura Taylor and Millie Cockerill had met two or three times in the last month with Mr. Darcy Stewart from Sun River due to a request from Sun River residents for the City to build a dog park. Mr. Perkins said he explained to the Sun River residents that the City didn?t own any property in the project. Mr. McCall stated they had promised that parcel of land to the residents for a temporary use. He said the residents understood that the land would be turned over to the City at the appropriate time and would no longer be used as a dog park. Mayor McArthur said the problem was that the City would get the backlash from the citizens when the land use was changed. Mr. McCall said he knows that it will be difficult for the City. He said they could add the future use of the land to the disclosure list that is given to new buyers. Kent Perkins explained the fence is already up around the property. He said Mr. Stewart is planning to move dirt into the lower level of the area to make it a larger usable space. Council Member Pike asked who is responsible for the donation of the property that is identified as SITLA. Mr. McCall said it was SITLA as part of their PD. Council Member Pike stated he had heard from some Sun River residents that they don?t want a public park in their project and that he had heard from other Sun River residents that they do want a public park in their project. He said there needs to be a public park somewhere in the area whether it is in Sun River or on the SITLA land. Mr. Pike asked if some of the land designated for parks could be substituted for more trails. Mr. Perkins stated the 4 -7 acres designated as SITLA park was because of the future high density use of the area. He said he had also heard that Sun River might eventually acquire the land. He explained the City needed to have the 4 - 7 acres for a park area no matter who owned the land. There was a brief discussion about using land for additional trails. Council Member Bunker asked if it was possible to have the trail head and the dog park in the same location. Mr. Perkins explained that when the road goes through there won?t be any space for parking. MOTION: A motion was made by Council Member Bunker to table the item for two weeks until there can be more discussion about the request. SECOND: The motion was seconded by Council Member Shakespeare. VOTE: Mayor McArthur called for a vote, as follows: Council Member Pike - aye Council Member Bunker - aye Council Member Shakespeare - aye The vote was unanimous and motion carried. St. George City Council Minutes March 19, 2009 Page Six PRELIMINARY PLAT AMENDMENT: Cathy Hasfurther, Engineer IV, explained that the request was to amend the phasing plan for the previously approved Las Colinas Subdivision preliminary plat. She stated the phasing had been changed due to market conditions. She explained that nothing else had been changed as far as details on the construction plans. She said a development agreement was completed for this project that deals with the relocation of the overhead power line and construction of sewer line, Community Park, and trail. The development agreement is being amended due to the timing of the trail that will connect Bloomington to Sun River as well as the park that will be built. Council Member Bunker asked how big the park would be. Ms. Hasfurther said it would be between 3.5 and 4 acres. She explained that the report states there would be twelve phases but between the Planning Commission meeting and the City Council meeting the applicant requested that be changed to fourteen phases. She said the Parks Department had been working on getting the development agreement amended so everything will be in order as far as parks and trails. MOTION: A motion was made by Council Member Pike to ...

...covered, as well as mandatory dedication of park property for neighborhood parks. The fees do not include any revenue generated to pay for four acre neighborhood parks, and this is a big change in how the City has done business in the past. Jason Burningham explained that the City recently approved an update to the master plan which took into account level of service standards with regard to parks and what level of service the City wanted. It included not only minimum size of acreage, but types of amenities going into the parks as well as connectivity. The parks must have connectivity for access in order to be a system improvement. Also included is a mandatory dedication of park land for neighborhood parks, or a fee in-lieu. He presented a power point presentation on an overview of impact fees, definition and purpose of fee, public facilities for which impact fees may be collected, legal authorization of impact fees, and considerations in establishing impact fee structure. He stated that if the City did not adopt 100% of the recommended impact fee, there would be inequity based in terms of funding capital facilities and if the developer is not paying the costs, someone else has to. The recommended impact fee for single family residential is $2,729.69. The recommended impact fee for multi-family residential is $2,827.89. No impact fee for commercial development is being recommended at this time. Mayor McArthur opened the public hearing. Curt Gordon representing Desert Canyon Development, questioned how the fee was calculated and if it included land acquisition costs for parks. City Manager Gary Esplin replied that it does not include land acquisition costs for neighborhood parks, four acres or less, but it does for community parks and also includes construction costs for neighborhood parks. Mr. Gordon inquired if there would be a reduction in the fee if the developer dedicated the land. City Manager Gary Esplin replied that a reduction could be given if the land dedicated was for a community park but not for a neighborhood park. Jason Burningham commented that community parks are system improvements and identified in the capital facilities plan. If a developer dedicates a certain amount of acreage, he or she would receive a dollar for dollar credit on the impact fee. Mayor McArthur advised that the improvement would have to identified in the capital facilities plan. Mr. Burningham explained that a concern he is trying to address in the master plan is receiving land, but not useable land because of slope or location, etc. or land tied to the master plan or system improvements. He stated he tried to be specific in identifying system improvements so it is clear to developers when they would get impact fee credits. Mayor McArthur commented that the City receives many donations of hillside property and river bottom property and inquired how this would fit in. Mr. Burningham replied that if the property is useable for a linear park or trail, and if there is connectivity, the developer could receive credit on the trail component of the impact fee. City Manager Gary Esplin advised that the developer would receive credit if what he or she is donating is above and beyond what is required for the actual development itself. St. George City Council Minutes January 18, 2007 Page Seven With regard to community parks, the master plan identifies in what areas the City is trying to locate them, and the developer would have to meet this criteria. Council Member Gardner inquired when the fees would be collected. City Manager Gary Esplin replied that the impact fee would be collected at the time the building permit is taken out, but the in-lieu fee would be collected at the time of platting the subdivision. There being no further public comment, Mayor McArthur closed the public hearing. Darrell Hafen stated that he would like to make public comment on a different matter. City Attorney Shawn Guzman advised that if the item was not on the agenda, it could not be discussed. Mayor McArthur advised Mr. Hafen to submit his request in writing and he would be scheduled on an upcoming agenda. Leisure Services Director Kent Perkins commented that although the fee was established with mandatory dedication in mind, he stated he would like to present how the fee will be administered in house and the process to follow. The ordinance indicates that if the funds are not used within a certain period of time they must be returned. In order to protect the interests of the development community, the City is obligated to do this. City Manager Gary Esplin commented that this is a integral part of the fee, but if the City Council chooses not to approve mandatory dedication, staff will have to come back with a recommendation to increase the fee or change the provisions of the ordinance because there will be no funds to purchase neighborhood park property. City Attorney Shawn Guzman advised that another option would be to make the new ordinance effective March 1 in order to give staff time to make additional recommendations. MOTION: A motion was made by Council Member Bunker to approve the ordinance with the provision that it take effect on March 5. 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 Allen - aye Council Member Orton - aye Council Member Gardner - aye The vote was unanimous and the motion carried. Jason Burningham clarified that any building permits issued between now and March 5 would be under the old impact fee structure. ORDINANCE: Consider approval of an ordinance amending Title 7, Chapter 2, Section 5, St. George City Code, to eliminate the amounts for liability insurance, property insurance, and bond amounts, and provide that the City Council will set the amounts by resolution. City Attorney Shawn Guzman explained that the City?s current ordinance states the dollar amount for minimum insurance requirements for bonding and insurance certificates. The minimum was $500,000 per occurrence, but under state law the City St. George City Council Minutes January 18, 2007 Page Eight would now be liable for $1,107,000. Rather than changing the ordinance every year, it is recommended that it be established by resolution. MOTION: A motion was made by Council Member Gardner to approve the 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 - aye The vote was unanimous and the motion carried. RESOLUTION: Consider approval of a resolution adopting minimum insurance and bond amounts. 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: Council Member Gardner - aye Council Member Allen - aye Council Member Orton - aye Council Member Whatcott - aye Council Member Bunker - aye The vote was unanimous and the motion carried. RESOLUTION: Consider approval of a resolution for a lot line adjustment and public utility easement abandonment in the Canyon Terrace Subdivision. City Manager Gary Esplin explained that the request had been reviewed by the JUC and all City departments, and the necessary dedication of other easements had been made. Staff recommends approval. City Attorney Shawn Guzman recommended that any approval be subject to receiving the new easements. MOTION: A motion was made by Council Member Gardner to approve the resolution subject to receiving the new easements. SECOND: The motion was seconded by Council Member Whatcott. VOTE: Mayor McArthur called for a roll call vote, as follows: Council Member Gardner - aye Council Member Whatcott - aye Council Member Allen - aye Council Member Bunker - aye Council Member Orton - aye The vote was unanimous and the motion carried. Mayor McArthur announced that the public hearing for The Flats at South Pointe was tabled at the applicant?s request. A discussion concerning 450 North Street will be scheduled on the next City Council agenda. St. George City Council Minutes January 18, 2007 Page Nine PLANNING COMMISSION REPORT: Community Development Director Bob Nicholson advised that the Planning Commission, at its meeting held January 9, 2007, scheduled public hearings before the City Council on February 1, 2007 at 5:00 p.m. to consider a zone change from M-2 to M-1 on Lot 26 of the Millcreek Subdivision. FINAL PLATS: Community Development Director Bob Nicholson advised that the Planning Commission, at its meeting held January 9, 2007, recommended approval of the following final plats: Franklin Place Amended and Extended Phase 1, Tuscan Hills Phase 3, Ledges Phase 10, and River Crest Phase 4. Council Member Gardner declared a conflict of interest with regard to the Ledges Phase 10 plat. MOTION: A motion to approve the final plats for Franklin Place Amended and Extended Phase 1, Tuscan Hills Phase 3, and River Crest Phase 4 was made by Council Member Orton. SECOND: The motion was seconded by Council Member Gardner. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. FINAL PLAT: MOTION: A motion was made by Council Member Orton to approve the final plat for Ledges Phase 10. SECOND: The motion was seconded by Council Member Whatcott. VOTE: Mayor McArthur called for a vote, as follows: Council Member Orton - aye Council Member Whatcott - aye Council Member Allen - aye Council Member Bunker - aye Council Member Gardner - abstained The motion carried. CONDITIONAL USE PERMIT (2006-CUP-037): Consider approval of an amended conditional use permit to expand an existing gravel pit located in Section 27, T43S, R15W, near the Utah/Arizona line. Quality Excavation, Inc., applicant. Planner Ray Snyder explained that in 2004 a conditional use permit was approved for 19 acres. The applicant is now requesting approval of a new 54 acre site. A technical report was done by Rosenberg Engineers. The site is close to the new Viacon facility in the Ft. Pearce Industrial Park. The applicant proposes to mine the area in phases and will reclaim each phase as it is done. The property in the future would most likely become a golf course area, with a small percentage as possible residential. Extensive conversations with staff have been held about the geotech reports and making sure the sites are compacted. The site is not located close to residences. The applicant will keep the equipment on the existing 19 acre site. Staff recommends pre-watering of each phase prior to disturbance and mitigation of each phase prior to a new phase. A letter response from the applicant has been received agreeing to the terms of mitigation. The Planning Commission recommends approval subject to: 1. Provide perimeter fencing on the existing 19 acre site. 2. Provide a fencing plan for the 54 acre site. 3. Regarding the original 19 acre site, provide a site mitigation plan. The existing gravel pits are to be mitigated. This includes a geotech report and testing to the satisfaction of the Engineering Department. St. George City Council Minutes January 18, 2007 Page Ten 4. Re-vegetate nine acres of the original CUP (19 acres). Refill or provide an alternate mitigation to prevent airborne dust from scrapped areas. 10 acres may be used for mining equipment. 5. A dust control plan shall be submitted. 6. The applicant shall demonstrate mitigation of the high sulfur content in the associated production well. 7. A backup water source from a city hydrant where the haul road meets 1630 East shall be coordinated with the Water Department. 8. A channelization study is required. 9. As applicable, FEMA permits to be obtained. 10. As applicable, Army Corp of Engineers permits are required. 11. Provide a phasing plan. 12. The truck route shall be as previously approved for Case No. 2004-CUP-014. 13. The access road shall be 90 degrees and a stop sign installed at 630 East. 14. Provide a more specific plan for controlling dust along conveyors, stock piles and disturbed areas. 15. Provide a more specific plan for controlling dust during blasting operations. Mr. Snyder stated that the main concern was with dust from all activity in the valley added together. The applicant is working closely with staff on air particulate control. Council Member Gardner commented that the major concern with the new airport site is enough water for compaction of the soil. He suggested the City pursue cost sharing with the applicant as the City has underground water rights for this purpose as well as compaction for the new airport. City Manager Gary Esplin replied that he would check into the feasibility of this suggestion. Entrada ended up with some water rights in this area. He commented that with regard to dust, enforcement is no problem. The dust can be seen and it boils down to keeping trucks from stirring up too much dust and the key is water. The applicant?s plan meets state standards, and they currently are not in violation of any state standards. Mayor McArthur commented that much of the mud tracked onto streets by the large trucks turns to dust. City Manager Gary Esplin commented that a hard surface road will be built in this area within the year or as part of the extension of utilities to the new airport. Bill Swensen commented that the applicant?s site is located out two miles on a gravel road which has been well maintained in the past. The applicant has done a good job of keeping the dust down and there are no track-out problems with this site. The applicant submitted a very good dust control plan. City Manager Gary Esplin advised that the applicant is precluded from operating at night. Mr. Swensen explained that if there is an inversion in the morning and someone has operated all night, the dust remains in the air. The crushers will not operate without water spray misters. There was a request to do intermittent night operations, but staff is against it. There will, however, be extended hours in the summer. MOTION: A motion was made by Council Member Gardner to approve the conditional use permit subject to all recommendations made by staff and the Planning Commission. SECOND: The motion was seconded by Council Member Bunker. Council Member Bunker inquired how the sulfur smell of the water would be mitigated. St. George City Council Minutes January 18, 2007 Page Eleven Rick Rosenberg replied the applicant is working with a company who provides a treatment system to reduce the sulfur content and this should be on line within 30 days. He advised that the smell may be coming from other facilities as well as there are three other facilities located closer to the residential areas. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. CONDITIONAL USE PERMIT (2006-CUP-036): Consider approval of a conditional use permit to modify the allowed uses for the landmark property at 278 North 100 West. Gary Burnett, applicant. Planner Ray Snyder explained the applicants would like to add a spa treatment component to the previously approved bed and breakfast. The Ava House is located within a historic landmark building built in the early 1800's. It was previously the Penny Farthing Inn. The Planning Commission recommends approval. The spa would result in the rooms being used for spa treatment or bed and breakfast. The Planning Commission recommendations are as follows: 1. The existing conditions shall remain in effect including approved parking. 2. A maximum of two (2) massage therapists are permitted, one of which shall be the applicant?s wife (Mrs. Burnett). 3. A maximum of four (4) rooms may be used for spa treatment. 4. Any proposed expansion in use or in the number of therapists will require the applicant to submit a conditional use permit to be reviewed by the Planning Commission and City Council. 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 Allen. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. CONDITIONAL USE PERMIT (2006-CUP-035): Consider approval of a conditional use permit to construct a three story Marriott Town Place Suites to a height of 47'9" (approximately 36'6" to the midpoint of the main roof line) on Lot 7 of the Rimrock Commercial Center located south of the Marriott Courtyard Hotel in a C-2 zone. Kevin Ence, applicant. Planner Ray Snyder explained that the applicant would like to build an extended stay lodging facility. Extended stay is a minimum of seven days to a maximum of 29 days. The applicant proposes 84 rooms. The Hillside Review Board approved a hillside development permit in October. A majority of the building ridge is 42' and the average roof midpoint is 38'. The Planning Commission recommends approval subject to complying with the City?s traffic engineering requirements for access and circulation. Mayor McArthur inquired about the wall shown on the rendering. An unidentified man replied that the wall is a retaining wall and similar to the one in front of the existing Marriott. It will be a rock-faced engineered wall. The integrity of the landscaped area will be maintained. MOTION: A motion was made by Council Member Gardner to approve the conditional use permit. SECOND: The motion was seconded by Council Member Whatcott. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. DONATION AGREEMENT: Consider approval of a donation agreement with Triton Investments for open space and a trail easement adjacent to Rebel Creek Apartments. St. George City Council Minutes January 18, 2007 Page Twelve City Manager Gary Esplin explained the donation is a 100' wide easement along the wash behind Rebel Creek Apartments. This easement includes the wash and location for a trail along the wash on the opposite bank from the apartments. MOTION: A motion was made by Council Member Gardner to approve the agreement. SECOND: The motion was seconded by Council Member Allen. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. ACCEPT CERTIFICATION OF ANNEXATION PETITION: Consider acceptance of the City Recorder?s certification of annexation petition for the Burgess 100 acre annexation. City Manager Gary Esplin explained the City Council previously accepted the annexation petition, and acceptance of the certification of the petition is the next step in the process. MOTION: A motion was made by Council Member Gardner to accept the certification of annexation petition. SECOND: The motion was seconded by Council Member Allen. VOTE: 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 December 21, 2006. MOTION: A motion was made by Council Member Gardner to approve the minutes as presented. SECOND: The motion was seconded by Council Member Orton. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. Consider approval of the minutes of the regular City Council meeting held January 4, 2007. MOTION: A motion was made by Council Member Allen to approve the minutes as presented. SECOND: The motion was seconded by Council Member Gardner. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. ADJOURN TO MUNICIPAL BUILDING AUTHORITY MEETING: MOTION: A motion to adjourn to a Municipal Building Authority meeting was made by Council Member Bunker. SECOND: The motion was seconded by Council Member Orton. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. RECONVENE AND ADJOURN TO EXECUTIVE SESSION: MOTION: A motion to reconvene and adjourn to an executive session to discuss legal and personnel issues was made by Council Member Orton. 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 January 18, 2007 Page Thirteen RECONVENE: MOTION: A motion to reconvene was made by Council Member Gardner. SECOND: The motion was seconded by Council Member Whatcott. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. DISCUSSION RE SUNSET VILLAGE GROUNDWATER PROJECT: Public Works Director Larry Bulloch explained that this is a costly project and staff has been trying to find ways to save money. A trench was designed by Rosenberg Engineers and flexible pipe installed and then backfilled. This worked well until water problems were encountered. There is a huge amount of underground water. In order to deal with the water the trenches had to be made 8-10' wide. City Manager Gary Esplin advised that originally this project came in $200,000 over budget. Mr. Bulloch advised that the project cost was negotiated down twice to a reasonable budget and $530,000 was put in the last budget opening for this project. The contractor has to use rock for backfill because the material coming out of the trenches is like soup and it cannot be compacted. It has to be hauled away and gravel rock put in. The City first authorized the contractor to use $20,000 worth of rock, but the trenches are caving in from the bottom. The contractor is estimating that it will cost an extra $200,000 to complete the project. Staff met with Judd and Rosenberg Associates and told them the City could not afford it and they have to find another solution. There are two options to consider - reducing the scope of the project, which is not recommended, or delay some other projects. There is a few hundred thousand in flood control projects which could be delayed to fund this project. Council Member Gardner suggested that funds that were going to be used for the roundabout on Flood Street be used for this project. After discussion, it was the consensus of the Mayor and City Council to move forward with the project. DISCUSSION RE 3000 EAST CANAL PROJECT: Council Member Allen inquired who was responsible for the 3000 East canal project. City Manager Gary Esplin replied that staff met with Ron Thompson and the canal company. Installation of pipe in this area should reduce the ground water. Mayor McArthur clarified that the ditches along 3000 East are drainage ditches and not irrigation ditches. Mr. Esplin advised that there is a distance between the ditches and sides of the street to prevent the road from sinking. UPDATE ON NEW AIRPORT: City Manager Gary Esplin advised that it is the recommendation of the new airport committee to award the engineering project for the first phase of the new airport to PBS&J and Creamer and Noble. The first phase will be the drainage plan, grading and runway. Staff met with Craig Sparks of the FAA and huge issues include how to access $40,000,000 of value at the airport and when it can be accessed, the letter of intent, and funding. DISCUSSION RE DIXIE DOWNS AREA: Council Member Orton inquired who was maintaining the streets in Dixie Downs. City Attorney Shawn Guzman advised that the streets were not built to current City standards. St. George City Council Minutes January 18, 2007 Page Fourteen City Manager Gary Esplin explained that the streets were substandard when the area was annexed to the City, and all staff can do is fix potholes. He advised that a presentation on the Dixie Downs area would soon be made to the City Council. Staff would like to install new water lines, new hydrants and power, and streetlights in this area. This can be done with CDBG funds. Staff would also like to build a new trail and park. Staff will also make inspections in this area to be sure landscaping and parking requirements are being met. Council Member Orton commented that the easement at the bottom of 1700 has become a breeding ground for drugs, and the City needs to decide what to do with the easement. City Manger Gary advised that the LDS Church is planning a major clean-up of this area in the spring. DISCUSSION RE 1450 SOUTH: Council Member Whatcott advised that 1450 South has been opened. He stated he watched the asphalt being installed and he felt the temperature was too cold to pave. City Engineer Dave Demas advised that the temperature met minimum requirements when the asphalt was laid. The contractor is also providing additional quality control and did a good job. Public Works Director Larry Bulloch advised that thicker asphalt can be laid and quality control provided if the temperature is colder than 50̊. MISCELLANEOUS DISCUSSIONS: Council Member Allen commented that Steve Bradbury will try to get money from the Legislature for the shooting park, and he would like a letter of support from the Mayor. Council Member Whatcott commented that Dixie High School is looking at changing the direction of the fields, and would like to know if a net can be installed on the light poles to keep errant balls inside the parks. The Dixie High Booster Club would also like to know if the City is ...

...veys, and analysis the final draft of the update to the City of St. George Parks, Recreation, Arts & Trails Master Plan is now available for the p...

...itestone Drive will extend to the west in a future phase.The memo from the Parks Department was included in the packet and Jay stated that they have satisfied Laura Taylor’s questions. MOTION: Commissioner Taylor made a motion to recommend approval for preliminary plat item 1. Commissioner Nobis seconded the motion. DISCUSSION: Commissioner Read asked what the completion percentage is of the Sun River project. Jay clarified that this was regarding the 4.2 acres and he then stated that there is an agreement in place and it depends on when the City wants to move forward with the park. Jay stated that # 3 in the memo is under SITLA’s control and not Sun River’s. Laura Taylor will be meeting with SITLA to clarify this.VOTING: All voted aye, motion passes. 2. FINAL PLATConsider approval of a final plat for “Findley Auto Center” a four (4) lot commercial subdivision. Located at 1400 South Sunland Drive. The property is zoned C-3 (General Commercial). Rosenberg Associates is the representative. Case No. 2009-FP-028.Jay Sandberg presented this request. He stated that 3 of the lots are developed and one lot is undeveloped. There are drainage easements along the easterly boundary. The City requests that they show all of this on a final plat.All aspects of this Final Plat were carefully looked at and reviewed by Planning Department staff, Development Services Department staff, and Legal Department staff and it meets all of the preliminary plat conditions and approvals.This Final Plat is ready for Planning Commission’s consideration for approval.Commissioner Read asked if the sewer issue is resolved now and Jay’s response is that it is.Commissioner Nobis asked about the owner dedication; he said the name does not appear within it. He wanted to be sure that the final actually has that in it under the owners dedication. MOTION: Commissioner Hullinger made a motion to approve item #2, subject to the wording of the owner dedication and authorize the Chairman to sign it. Commissioner Nobis seconded the motion. All voted aye, motion passes. 3. ZONING REGULATION AMENDMENT – PUBLIC HEARING (5:00 P.M.)Consider a zoning regulation amendment to Title 10 “Zoning Regulations,” Chapter 11 “manufacturing Zones,” Section 10-11-2 “Uses,” to add language to allow sales and repair of RV’s and boats in the M-2 zone. Mr. Rick Loghry applicant. Case No. 2010-ZRA-008.Ray Snyder presented this request and gave the Planning Commission some background regarding this request. Mr. Loghry and the property owner attended a PSR (Planning Staff Review) meeting on February 16, 2010. At that time staff discouraged the applicant from pursuing a zoning regulation amendment to permit RV and boat sales in any M-2 industrial zone. The applicant seeks an amendment to the zoning ordinance to allow a commercial business at 260 N 3050 E.Staff comments include the following: The change would apply to all M-2 property. The Millcreek Industrial Park was developed without sidewalk in front of the industrial properties. Sidewalks are a typical requirement in front of commercial zones. The City has limited industrial property in comparison to the available commercial property in the community. The purpose of the M-2 zone is to provide light manufacturing and fabrication of goods (see 10-11-1 (B).Ray stated the applicant is available for questions.Acting Chairman Bracken opened the hearing to the public.John Walter, with NAI Commercial real estate, came to the podium. He said he and Rick have worked together for a substantial amount of time to try and find a location for Rick to relocate his business. It is difficult to find other locations to start his RV Sales business. John stated that Rick is interested in expanding in the St. George area in an area where he can grown his business. John said the vacancy rate now for industrial space for this type of building is now over 25% and for the M-2 zone it is 28%. There is an inventory available and the use proposed should fit within this zone. Larry Scott, the property owner, came to the podium to give a history and background of this location. In 1993 they purchased the property from the City and it seemed like an ideal location for manufacturing and he had a manufacturing business at that time. There was little traffic on 3050 East and it was no problem if a semi had to back up to access their loading dock. 1994 they built a building designed for manufacturing with a bridge crane built within the structure. This property has been on the market for a year and a half and no one from manufacturing has approached him about renting the place. This vacancy has put a hardship on him and his wife. They just did some landscaping on the frontage and an unimproved portion of the property as was suggested by Bob Nicholson. Larry said he doesn’t think this building is desirable any longer as is so he is asking them to approve the zoning code change.No one else came forward, so the hearing was closed.Deputy City Attorney Paula Houston made some comments. She reminded the commissioners that this is a request to amend the language and uses in the zone. We do have economy issues and many people are having a hard time out there, but that is not a factor that should weigh in to the decision on whether or not this is an appropriate use in this zone. It may be a time to look whether this whole area needs to be rezoned to commercial if it really doesn’t fit manufacturing anymore. That may be something that needs to be considered. She said changing the uses in the manufacturing zone is a different issue. This usage does not meet the definition of what our purpose is for a manufacturing zone. That zone is for the light manufacturing and fabrication of goods and it is not for retail sales, including repairs and RV’s. That brings in foot traffic, children and people that we have no sidewalks for and no accommodations for. This presents liability issues for the City. We need to look at those compatibility issues on the uses that are allowed into this zone.Commissioner Read said he has comments after looking at how the ordinance is structured. He said we’ve got several other similar type usages such as building materials sales, construction sales, farm sales, rental equipment, landscape rock sales etc and they are permitted in the M-1 but they all are not permitted in M-2. He said if anything, he would go along with rezoning a portion of that area to an M1 and make this RV a permitted use in that to go along with other similar uses in M1, but that may not be appropriate to the M2 itself. Commissioner Taylor said the nature of that area has changed significantly with the opening up of traffic. He stated that traffic is an issue that makes it a little bit difficult to continue thinking of this as a manufacturing area. Moving manufacturing traffic around through that area is a bit of a challenge anyway. He questioned modifying the usage somewhat so traffic is not such a challenge. He stated that, on the other hand, we do have people in there that are doing manufacturing and want to maintain the manufacturing identity of that area. He would not like to see the whole area rezoned, but perhaps they should look at some spots in it as Commissioner Read described. John Walters came back to the podium. He said most of the uses in that area have other permitted uses such as a telemarketing center. He also said that a child day care shows under a conditional use, so he knows they have made some modifications or exceptions for that area. He said he is not sure if they are in the M1 or M 2 zone, but he knows that they have allowed go cart racing and Jumping Jacks for kids. The planners interjected that go cart racing and Jumping Jacks are located in the M-2 zone. John said maybe in the discussion, whether an entire change or transformation takes place in the M2 zone or not, if that is something the Planning Commission decides to review or investigate further, maybe in the meantime a use that is not completely different than some of the other uses in there, such as RV sales, may be a conditional use that they could be allowed to at least work in that zone during a time that a greater change for the M2 zone is looked at. Acting Chairman Bracken said that from what he is hearing it sounds like there are concerns in changing the zoning regulation because it affects all of those. It appears that this needs to be looked at from a little different angle and either look at it as a conditional use for this piece or look at rezoning a portion of it. It sounds like that may take some time to put that together. He said what we are looking at today is changing the zoning regulation and not the other two items.Commissioner Nobis asked if we have the option to table this and go back to try to determine the uses and try to determine the best uses for the future of that area, since we are changing the whole M-2 zone.Deputy City Attorney Paula Houston stated it could be tabled only if the applicant consents to it. She said otherwise you have to have a decision within 30 days.Commissioner Nobis said one of his reservations is that he doesn’t like to see conditional use for it, because when someone comes up with a plan like they have there is a lot of time, sweat and money involved. Commissioner Nobis went on to say that if we could get to the consensus where it is either permitted or not permitted, that is what he would prefer. He feels that they need to look at redoing the whole area because there are some spots that you could consider as M2 and some as M1.Acting Chairman Bracken asked if this is the only M-2 area we have in town.Bob Nicholson, Community Development Director responded that this is the only M2 area. Commissioner Nobis asked the applicants feeling on tabling this until the next Planning and Zoning Meeting or as long as it takes to look at it and determine the areas. Mr. Rick Loghry said if we can do it within 2 weeks .He said half of the season is already gone. He would like to get in and get going as soon as he can. He anticipates having five or six employees. If he has to wait longer very much longer, it would put him down to a slower start.Acting Chairman Bracken asked if this could be done within two weeks assuming we have a meeting in two weeks.Ray Snyder said there are two items and staff would be more supportive towards a zone change along that area. M1 seems more logical, but it would involve agreement of the other property owners along there. He said in terms of this zoning regulation amendment, staff needs more direction as to what you expect to happen in those two weeks. He said for us to go out and document each use, he would like to have more direction and get legal’s opinion also. Deputy City Attorney Paula Houston said if the applicant is not willing to consent, then you would need to make a vote as to whether you approve or deny. Deputy City Attorney Paula Houston wanted to point out that on their argument on the uses that are there in the M2, there are none that are similar to what they are doing. Tool design and repair is the closest, but that is manufacturing with repair as a part of that. She went on to say that the rest of that is in the M1 zone. The telemarketing is not the public coming in; it is a business that is being run there so you don’t have customers coming with their children and other people coming in and out of there. It is the same as other businesses. MOTION: Commissioner Nobis made a motion regarding item # 3 to deny the request. Commissioner Taylor seconded it. All voted aye, motion passes. 4. ZONE CHANGE REQUEST – PUBLIC HEARING (5:00 P.M.)A. Consider a zone change request for ‘The Commons at Little Valley’ from the A-1 (Agricultural 40,000 square foot minimum lot size) and RE-20 (Residential Estates 20,000 square foot minimum lot size) to PD-RES (Planned Development Residential) zone. The area consists of approximately 14.68 acres. The site is located on 3000 South (Horsemans Park Road) and Little Valley Road. Bush & Gudgell is the representative. Case No. 2010-ZC-002. Bob Nicholson presented this request by giving some background. In 2008 a similar rezone request was considered by the City for this property. That request was denied by the City Council due to various concerns including having private streets rather than public streets in the project. The revised project has public streets and private alley ways to the garages, and also a public street connecting to Horsemans Park Drive near the center of the development providing much better access than previously proposed. This project encompasses 14.58 acres and is located on 3000 South (Horseman Park Road) and Little Valley Road. The site is east of 2350 East Street (& the Little Valley Elementary School). This site is across the street from the new Sunrise Intermediate School.Photos were shown of the location. The current zone(s) are A-1 (Agriculture 1 acre minimum) and RE-20 (Residential Estates 20,000 square foot minimum).The General Plan is for M/HD (Medium-High Density, 7-10 du/acre) and MD (Medium Density 4-7 du/acre) according to the Little Valley General Plan adopted 3/1/07, which recognized that land near parks and schools was an appropriate area to accommodate increased density. Adjacent zones include the following:North: RE-12.5 & RE-20 (Intermediate School)West: A-1 (Little Valley Elementary School)South: RE-20East: A-1Bob stated that plan was not popular with everyone at that time. A lot of people did not agree with the plan that was adopted in 2007. We had public hearings and the Council at that time approved it, in spite of objections, thinking that was good planning. Since then a committee was formed (Little Valley Committee) to see if there was some major compromise and the committee was as divided as the community at large is.Photo’s of the first plan were shown. The current plan behind Commissioner Taylor was discussed. Bob stated that this project includes 88 units, with a density of 6.0 du / ac (88 / 14.58 = 6.0). Open Space is 6.53 acres (45%).Regarding Density Bonus: Title 10 Chapter 13 Article E “Density Bonus” applies to this zone request. The subject property is located within the Density Bonus Overlay Zone which covers most of the south one-third of the City and includes all of the Little Valley area. Under the program, additional density is achieved through the provision of parks, trails and open space. Density Factors include the following: Factor 1: Provide land; a minimum of 15% of the developable area must be set aside for parks, trails, or other open space in order to achieve a 25% density increase over the base of 2 du/acre. The applicant states that 2.99 acres (21% of the site) has been provided for this purpose and these photos were shown. Factor 2: Park improvements; the developer must improve the private park areas to achieve an additional 25% bonus increase. The applicant plans to make all the improvements to the private park areas.Factor 3: Additional enhancements; such as 1) additional or enhanced park amenities, or 2) additional or enhanced landscaping within the street right-of-way, or 3) attainable housing, or 4) provide land for civic uses such as fire station, etc, or 5) provide additional land area above the 15% minimum required. Compliance with one or more of these “Third Factors” results in an additional 15% (or 65% above the base) density increase. The applicant will dedicate and improve to city standards a 10’ wide public trail that runs along Horseman Park Drive (3000 South). This area is in addition to the 21% land area provided for park and courtyard amenities.To achieve the density proposed by the applicant (i.e., 6.0 du/acre) the applicant must demonstrate the following;1. Comply with the Little Valley General Plan Land Use designations.Response: This project does comply with the General Plan land use designations of MHD (7 – 10 DU) and MDR (4 – 7 DU). 2. Demonstrate that the three factors under the Density Bonus Overlay Zone are met.Response: This project complies with the three (3) density bonus factors. The base density is 2 DU/AC. With the 3 factors an increase of 65% or 3.3 DU/AC is achievable. 3. Demonstrate that “superior design” has been provided (In order to increase the density above 3.3 the applicant must show superior design) See the applicant’s narrative on “Superior Design”.Response: If superior design for the project and housing units is provided then the density of the MHD and MDR are achievable per Section 10-13E-4 (D); Medium or high density development, as defined in the city general plan, must have superior architectural design for all proposed dwelling units, as determined by the city council, upon recommendation from the planning commission. (Ord. 2008-02-009, 2-7-2008)Photos were shown and Bob said that the applicant will later comment. Bob said that the “green courts”, private park and community garden do provide a more innovative project design than typically seen. Also the attainable housing element near the two schools should help teachers and young families find affordable homes. The overall style proposed is called a “Craftsman or Prairie Style” home. The 88 detached single family homes will be one and two story homes with earth toned synthetic stucco and stone accent exteriors. Most of the homes are accessed by 20’or 25’wide private alleys and no driveways are proposed on Horseman Park Drive (3000 South) across from the intermediate school. The homes along the south property line are deeper lots with detached garages in the rear yard area with driveways accessing the public street. The “green court” or “courtyard” units are patterned after similar homes in the “Day Break” project in South Jordan, Utah according to the applicant. The applicant has provided a separate narrative describing the layout and architecture of the project.Homes along Horseman Park Drive will face a central green common area. There are four (4) common areas proposed along Horseman Park Drive with 9 homes surrounding the common area. Homes along the interior public street will have a narrow front setback in a typical ‘traditional’ or ‘new-urbanist’ neighborhood design. Homes must have a front porch and be elevated at least 18” above the sidewalk grade.There would be a small private park proposed along the east side of the project near Little Valley Road. This park will be improved by the developer and maintained by the HOA. Due to the large community park just to the northwest of this site, the applicant has relayed that a “tot lot” was felt to be most appropriate for this location. There is also a small “reading” park adjacent to lots 46 and 47. There is also a ‘Community Garden’ area planned for the southeast portion of the project.Twenty five feet (25’) and twenty foot (20’) wide private alley ways are proposed to serve most of the homes in the project. The alleys include a five foot (5’) setback to the garage.With the exception of the alley ways which are private and will be maintained by the HOA, all other streets are public and will have city maintenance provided typical of public streets.The design of this project eliminates privacy walls along Horseman Park Drive (3000 South). However a six foot masonry wall is required along the south property line.The applicant is negotiating with the City to purchase approximately 2 acres next to the Little Valley Elementary School and the property is currently shown as part of the overall project. According to the site plan there will be forty-six (46) guest parking spaces proposed throughout the project to accommodate guests. A “Community Garden” is proposed as part of the amenity package for residents within the project. A HOA (Home Owners Association) will be required. The HOA will be responsible for maintaining all common areas and also restricting the parking of vehicles in the proposed alleys. The applicant submitted a development agreement and it is being reviewed by the City Legal Department.Commissioner Taylor wanted to clarify that they are two car garages, and Bob Nicholson responded that was correct. Regarding Equestrian Separation: In the “Little Valley Sub Area Plan” Policy #10 “Buffer for Equestrian Subdivisions” located on page 10 reads: “Developments adjacent to the identified equestrian subdivisions shall provide a buffer zone that may include: road ROW, open space, equestrian / multi-use trails (see designations on Sub –area Plan), and / or be developed at a density of no greater than 1.25 du’s / acre. A minimum of 100 ft. separation is recommended between the existing equestrian subdivision property line and the nearest new residential structure. Property within a trail or open space easement dedicated for public use may be considered as part of the open space requirement. The 100 foot buffer refers to identified equestrian subdivisions and does not refer to scattered properties where horses may now exist.In the “Little Valley Sub Area Plan” Policy #21 “Existing Agricultural Conditions” located on page 11 reads: “It is recognized that there are many agricultural operations existing in the Little Valley – Washington Fields area and new residents should realize that certain farm related conditions such as odors, farm equipment on the road and occasional irrigation run-off are considered normal and acceptable conditions. The “right to farm” is considered inherent in the Plan area and agricultural operations should not be forced out due to nuisance complaints about odors or similar agricultural side effects.Commissioner Taylor asked where the 55 ft. public street will end. Bob clarified that it ends at the property line at this time and that there will be no access from the south. Bob said that is common practice in new subdivision.The residents who spoke in opposition to the project in 2008 voiced concerns about potential conflicts with current residents who have large animals and about the changing nature of the Little Valley area in general. The Little Valley Sub-Area Plan describes the reasons for the changing land use patterns in the area and the Planning Commission may want to re-read that section of the Plan.More photos of the area were shown.Bob turned the meeting over to the applicant. Jim Raines, Bush and Gudgell came to the podium and gave a history of the property. In 2006, Bonneville Builders came to them to discuss Fredonia Estates. They designed the subdivision and did the preliminary plat, submitted it to the City, Planning Commission and City Council. Bonneville Builders were asked not to proceed at that time due to the sub-area plan for Little Valley was being worked on. Bonneville Builders then waited for the sub- area plan. Bonneville Builders also worked with Vision Dixie. Jim said it is important to remember that this is a single family development. He said it should not be compared to an R-1-10 subdivision, because that is not what the General Plan directed Bonneville Builders to build. They came in with their plan. The neighbors came in and did not agree with the decision that City Council made. A committee was formed and now they have been at this for four years. They have designed the project numerous times. If you look at the old plan from 2008 and then compare it to the new plan, a circulation the City wanted was provided, the roads became public, and the lots across from the school now front the school. John from Bonneville Builders has taken up every recommendation by the City and they have modified their plans and have gone extra steps. John Fleming with Bonneville Builders came to the podium. He thanked Jim Raines for the historical background. John said this was four years in the making and is now a better project than was presented before. Vision Dixie principles were used. He can’t think of anything that they were suggested that they did not incorporate in this plan and that he went beyond the requirements. The density always comes up so he did an animation and all is to scale. A video was shown. He said there are many comparisons to Daybreak and these ideas have been adapted across the United States. John stated that he was involved in issues of urban sprawl 30 years ago.John stated that all of the parking will be in the rear of the homes, so the family living takes place in the front of the homes. All of the homes have private patios. John discussed “superior architecture”. He said this could have been townhomes and instead they went to single family homes at 6 homes per acre. He feels that this project is responsible planning allowing easy walking pedestrian access. He said it is smart, efficient land planning and complies with Vision Dixie. It is consistent with forward thinking planning throughout the United States and is what the General Plan and the Little Valley sub area Plan suggested.Commissioner Taylor said from the design, he feels the market is primarily to the younger age group. He asked what kind of accommodation is made for boats, 4 wheelers, etc, since they would not all fit in a two car garage.John responded that the market sector will be a younger market, however frequently seniors move in due to the security and he feels that perhaps 25% of the community will be seniors. He said only the homes with a driveway would have room to park a boat.Acting Chairman Bracken opened the hearing to the public after giving a small intro to what we are looking for and mentioned to please have no public clamor and to give us information that we haven’t heard before. Paul Gooch came to the podium. He said what is missing is that the neighbors were not taken into the equation. He said most are not here to argue against the type of development that he is doing, what they are arguing against where it’s going. Paul mentioned that they had their meeting about the Master Plan and the argument made over and over again is what right do we have to tell him who owns the property how he can develop. Paul said he wanted to take them back a few moments early when they listened to the prior request for RV business in his property and the Commissioners denied him due to the concern of the contiguous property owners and the type of use that was there, whether or not you had the blessing of the contiguous property owners. He said Vision Dixie has been invoked over and over again in this process and again tonight. He said if we are going to use that as a standard, then you can’t forget one of the principles in Vision Dixie is to preserve some of our agricultural use. He went on to say that there is nowhere left; you are driving a stake into the heart of the last corner of this City where you can preserve some agricultural use. The argument that they have is that it is not compatible. He said John is a nice guy, but he will be building the development and then leave and the community is left with the aftermath.Paul Iverson came to the podium. He said the committee did meet and there was one thing that everyone agreed on 100%. That was that there needs to be an ordinance, not a little deal on the plat, an actual ordinance that protects the rights of the agricultural use that says you can’t complain about dust, mud, etc. He said this was 100% and no where did he see anyone disagree with that. He asked where it is and how does that process get started.Acting Chairman Bracken asked Deputy City Attorney Paula Houston where we are on that and she responded that she didn’t know if they are working on it or not; that it has not come to her. Acting Chairman Bracken asked Bob Nicholson, Community Development Director, where we are on the ordinance to add these provisions about odors. H said Craig has prepared a draft.Deputy City Attorney Paula Houston said that now that they said that, Joseph is working on that because there were some changes for agriculture protection in the state law and he was doing the comparison on those.Acting Chairman Bracken said then that should go forward. Paul said the RE zone that Jim McArthur is in has a 50 ft. setback requirement that says he can’t have a corral within 50 ft. of a dwelling. Paul said if they build houses within 10 ft. of him, who is breaking the ordinance?Bob said this is a provision in the RE zone.Paul questioned if this limited his abilities to have animals and Bob responded no and Acting Chairman Bracken said he would be grandfathered in. Paul said Daybreak is being talked about and this is thousands of acres and is different from what we have here. Daybreak was a huge project and not 14 acres. Paul said he is hoping that the reason City Council denied this was because there was a petition with over 800 signatures gathered by a half dozen people on the spur of the moment. He hopes that the Commissioners will take into consideration the citizens and what the citizens want, not special interest groups and not City staff. He said the City government should be working for the citizens and not the other way around. Deputy City Attorney Paula Houston said looking at the code, it states no building or structure housing animals shall be constructed closer than 50 ft. to a dwelling unit. So they can build homes there without violating the ordinance but once those homes are built you wouldn’t be able to build additional animal structures or runs within 50 ft. of those homes. Paul said the citizens oppose the Master Plan and he asked if the people who are for the Master Plan sent emails like he was told they did, could those emails be seen by the public. He said this is just a thought. Jim Raines came to the podium to clarify that when Fredonia applied it paid the fees and was approved by the Planning Commission and the City Council tabled the project. It was a conscious decision; it was a decision by the City to not move the large lots forward.Jim McArthur came to the podium. He owns the property adjacent to the property they are talking about developing. He said the road that they are talking about going through there will cut through his property. He has horses and cows and likes the lifestyle he has. He doesn’t want to deal with a situation where this development would cause him to change his lifestyle or a successor if he ever did sell his house. He doesn’t plan to do this but he doesn’t want something grandfathered working for a piece of property that he owns and has owned for some time. He said he wants them to know first that he is not putting a road through, so don’t be holding your breath because it would be bad for them. He asked about the proposed commercial zone, if that is for the airport? He doesn’t want commercial out there. Acting Chairman Bracken stated that there are possible commercial spots for that in the future.Jim McArthur said that they enjoy the lifestyle they have and that is why they live there. He does not want to fear the liability from a child being hurt .He said if one of the smaller children get under his horses or into one of his cow pens, it isn’t worth a life. This whole thing is not worth a life. He said horses and cows are unpredictable. He sees that as a possible liability to him and he doesn’t want to be put in a position that a life could be affected. He said children are fast even when you keep an eye on them and he does not want this liability. He said the Commissioners could change that from happening by their vote tonight, because it is not worth a life.Lonnie Clark came to the podium. She is a Little Valley resident and she said this is like Ground Hog day with the same thing over and over again by slamming urban dwellers right up against animals. Her observation is that mankind has spent time trying to stay with themselves and smashing different lifestyles together will just result in tragedy and someone being pushed out. She is afraid that one group, the one she belongs to, will be pushed out of Little Valley. She thinks we are witnessing the collapse of our nation, if not civilization. In 2-5 years we will look back at this meeting and be stupidified about their silliness in carving up Little Valley. She said do we think people will be coming in droves to buy up this subdivision. She said the need for a community garden idea is the only thing they got right. She said the Commissioners need to help the people of this area hit the ground running in the very hard times that are coming. Tiffany Harris came to the podium. She is a Little Valley Resident. Her children raise three pigs and two lambs and they do not recognize a 100 ft. buffer zone. She said animals do get out, no matter how great you are at keeping your animals in. This is not compatible to the neighbors. This is a potential harm. Her children recognize what to do when animals band together, but you are putting a population next to agriculture that maybe does not understand the rules of agriculture and what could possibly happen. Kerry Bradley came to the podium. They have recently moved here from Whittier California. That city was built up with a bunch of houses and he always felt like he was in a cage there. There were fights at school and along the streets and no one could get along together. He said if we build this stuff over their agricultural land, that problem will arise as well. Kids at his school like to see the landscape and the agriculture and if they build this stuff, he knows that they too will start to feel bonded. He hopes theses homes won’t be built right away, because he enjoys being here and it wouldn’t be right to move from one place that is all populated to another place that starts to be populated again because that is the main reason they came to live here.Lorenzo Lot came to the podium. He lives on Little Valley Road across from the park. He said one of his concerns is that all of the lots on the side of the road where he is drain into his property. He said we have a 24 inch culvert that goes under that road and he asked how they will take care of all of that run off water. He stated that his next concern is how will they handle the transmission lines that run right through the middle of that property over there? How will you get access to it if something happens to it? He said the community looks great, but not the mix with what they have out there. He said many comments were made, and he has lived on a farm most of his life, and you can’t mix that type of dwellings and population with any type of animals out there. Someone is going to get hurt and it all starts right here.Greg Wagner came to the podium. He just heard about t his meeting and said he is a little disappointed. He has participated in the process four years or so, and on numerous occasions he has been asked to put his name and email address down so we could help provide input in these discussions. No one he talked to in the neighborhood who has also put their name down has ever received notice about any prior planning or meetings of that sort. He said he finds this frustrating that they are asked for their input and they are kind of ignored. He is a developer of affordable housing and has developed 16 sub-divisions over the last 12 years, in Iron County, Washington County and Mohave County Az . He said what he develops is affordable housing, but it doesn’t look feel like this does. He said he feels like he is in a box when he looks at the design. He said his projects are also 6 units per acre, so he is a little bit concerned about the design of that and how it feels when you walk onto his property vs. what you are seeing here. He thinks there is a need for this type of housing, and it is what he builds and it is his livelihood, but he doesn’t think this is the right spot. He knows there is a lot of places downtown where you can find a two acre parcel in the middle of town. He said what if he brought his horse, bought that property and fed the horse a certain type of food to kill the flies and has no smell, what would the neighbors do and would they have a problem with that? He doesn’t think this is the right spot. Parks and walking trails have been discussed tonight. He hasn’t seen parks or walking trails that are maintained by a home owners association that really looks that great. He knows the City takes care of their parks. He said where you have the tenants maintain the parks it looks terrible, so they have taken over maintaining the parks to ensure that they look good. His question is where you have two schools so close and 30-40 acres of ball diamonds and parks and schools, why not get rid of the parks in this development and spread those houses out more, give a less dense feel, provide for more parking and set those houses back from the street. People’s toys are a constant battle and it is almost impossible to get people to park to cars in their garage because they use half of it for storage. He asked if anyone is aware of a development built like this in town. Acting Chairman Bracken responded that this was the first one. Greg went on to say that he was in a similar one in Washington City and he said it is a nightmare trying to find a parking spot; a lot of the people have trucks. He asked how deep these garages are, the depth and the width. The response was 24-26 ft. deep, that he doesn’t have the design in front of him. Greg said that was an important question because he has been through so many properties that the garages are so short that you can’t fit cars in that people drive; that you can’t fit a standard pickup truck in that garage because it’s not big enough, so where are you going to park it? Greg suggested getting rid of the alleys, you could pull the houses back closer to each other, get them off the street and its going to feel more open. He said he was just talking to the PTA President of Little Valley Elementary School. They have two portable classrooms already and his question is with this kind of density and younger families, what are the plans for the future for the schools to house these children? Are we going to have to have more portables for classrooms, will sizes increase?Heidi Ludwig came to the podium. She has been a resident of Little Valley for 2 ½ years and said the reason we moved to Little Valley was because they looked every place in St. George to house their horses and there is no other place in St. George to house your animals. They moved from Star Valley Wyoming, so obviously we love our horses and want them with us. One thing she has not heard anybody talk about is the children. If you put in a development like this you will inevitably get an influx of children. This means you will also get an influx of teenagers, which means you will get an influx of cars and where will they park these cars? She said he has 44 extra parking spots for visitors. She said she has many friends her age with teenagers and they get $500 cars and they need a place to park. She said don’t talk about the toys, talk about the cars that they will be driving. Children will be crossing those streets. Once the developer pulls out the junk will come in the garage and the cars will go on the streets and inevitably a child will get killed and who is going to take responsibility for that happening. The children have a right to play and be safe. No matter how hard you try, you are not going to keep them off of the streets. There’s a beautiful park across the street and balls are going to come rolling out. The more cars you get, the more danger there is and in a complex like this it is going to happen. She knows families that are affected by having dead children because of it. She said there is responsibility on the families and she understands that, but you are asking for this to happen by putting a project like this there. She said no where in St. George do you guys give farmers any room. She said we have it here and you want to take it away from us. It was brought up that I could not take her horses into St. George and ask them to rezone, but there is no way you would do that for her. She can say 100% positively that you will not rezone in the middle of an organization like that and let her bring her horses, and yet you want to take this away from us. She asks, begs for them, to please consider that before you do that to us. We need some place to live and this is the only place you have given us. Dan Clark, a Little Valley resident, came to the podium. He said looking at the plans, he has seen no internal lighting, street lights and things like that. He also asked if a traffic study has been done on this project.Jim Raines responded that the preliminary traffic study required for the zone change has been done. A more detailed traffic study will be done as it moves to subdivision. Dan Clark said you should deny this, because where is the street light going to go? He said you are talking about 88 units, how many people are going to live in there and they haven’t done a proper traffic study to determine the flow of the people internally. He said they haven’t done their due diligence on that part of it, so he would say to deny that. He said also you see all these people here and he asked how many live in Little Valley and object to this development. He asked if he could have them stand up just to give a representation. He said so there you have it, his motion is denied and he asked if anyone is to second it. He said there need to be a better study done on this before it gets approved. He said there has to be street lights put in place on Little Valley Road to accommodate the traffic flow. Mindy Suttner, a Little Valley resident came to the podium. She said she lives right across the street from this proposed subdivision. She said she would like to say to Mr. Fleming that this looks good and she can tell he has put a lot of effort, time and money into this, but unfortunately she feels like its putting a whale shark in a farm pond, it doesn’t belongs there. A few concerns for her are the parks right across from this subdivision and the cement pond across from th...

... boys and girls ages 7-13.  All of the sports will be played at local parks around the city.  Games will be played Tuesday evenings at Little Valley, Wednesday evenings at Mathis Park, and Thursday evenings at Sandtown Park (Parks are subject to change depending on availability). Weekly registration...

How can I reserve this park? Call (435) 627-4530, or stop by our Parks Office (390 N. 3050 E., St. George) Mon-Fri between 8:00 a.m. - 5:00 ...

...nless an agreement can be reached with the adjacent property owner and the Parks Department to build a park to City standards.4. Road “A” needs to be widened a minimum of thirty-two (32') ft. to accommodate two (2) way traffic. This will require additional property (ten (10') ft. to be dedicated from the property owner to the north.5. The final alignment and grade of 3000 East has not been determined. The location of the road is based on the current location of the overhead utility lines and the irrigation ditch on the east side.6. Because of the prevalence of ground water in this subdivision, a Geotechnical Engineer has made preliminary recommendations for mitigation. These preliminary recommendations need to be complied with, and any other recommendations from the final report. The more critical areas have been designated as open space.PLANNING COMMISSIONPage FourNovember 13, 2007 7. The area west of Road “B” designated as open space, is to be developed as a park and should be improved by the developer. The area designated open space which are east of Road “B” and west of 3000 East should be landscaped. Improvements along 3000 East should be completed by the developer including landscaping and street trees. 8. The row of trees on Road “A” at the intersection will be removed. The road grade shown on the plat does not allow for the trees to remain. 9. A storm drain will need to be installed along the south boundary of the subdivision, in order to collect storm water from running onto the adjacent property. 10. Staff is recommending that a twenty (20') ft. easement for a trail and ground water/dewatering drain, be required on the west side of 3000 East.Commissioner Taylor asked about the park and how it would be accessed. John replied they are waiting to see what Judd Palmer will be doing with his parcel of land to the south. Judd Palmer came in for a zone change and he is going through the development agreement process right now. Assistant City Attorney Joseph Farnsworth said that is a big part of the reason why they are requesting a development agreement. City Attorney Shawn Guzman does not want this to move forward to City Council until a development agreement has been done. One of the biggest concerns is with the park. He said depending on where the park is located on both parcels of land, it may be City maintained and it may be HOA maintained. Commissioner Bracken said why is it on the agenda if the development agreement needs to be in place before City Council can hear it. Joseph said in talking with staff felt they were fine to move forward with this request but a development agreement must be in place before the plat proceeds to City Council for approval. But the Legal Department would feel more comfortable if they did wait until the development agreement was in place. In that way it would protect City interest. Council Member Bunker asked about the ground water. Assistant City Engineer Jay Sandberg said along 3000 East it is really flat for about almost a mile. So it is like a basin or bowl. It does not drain well. It is a wise decision to take advantage of lot size averaging and leave the areas where it does not drain well where it could be filled and used as open space or a park. There will be a big storm drain that runs along the eastside of 3000 East and a small storm drain on the west side. Jay said staff feels really good about this plan. Jay said the original preliminary plat had the recommendations that were actually on the plat. It was recommended that all the homes be elevated with no basements. Jay said they are fine with moving this item forward. PLANNING COMMISSIONPage FiveNovember 13, 2007MOTION: Commissioner Taylor made a motion to recommend to City Council approval of an amended preliminary plat request for Fieldstone Estates. This is a 17 lot residential subdivision. Located south of Rasmussen Drive between 3000 East and 2780 East streets. The site is east of the Serenity Hills subdivision. The applicant is Mr. Chuck West. The zoning is R-1-12 (Single Family Residential) with a development agreement. The purpose is to do a lot size averaging. Commissioner Taylor recommends to have the project designed with staff comments and an executed development agreement before it goes to City Council. Commissioner Campbell seconded the motion. Commissioner Taylor voted aye Commissioner Nobis voted nayCommissioner Campbell voted aye Commissioner Bracken voted ayeCommissioner Hullinger voted aye Commissioner Burks voted nay Motion passes 4 to 2 in favor.Chairman Almquist pointed out that there are four applications to be heard on this one parcel (Executive Plaza). Planner Ray Snyder suggested they move forward with the Conditional Use Permit for the Washington County School District maintenance building and then hear the four applications for Executive Plaza. Chairman Almquist asked if anyone was opposed to adjusting the agenda. No one was therefore they moved forward with the Washington County School District request.B. Consider a request for a conditional use permit to construct a WCSD (Washington County School District) maintenance building. The site is located at approximately 840 East Brigham Road. The property is located in the OS (Open Space) zone. The owner is WCSD and the representative is Alpha Engineering. Case No. 2007-CUP-021Planner Ray Snyder presented the site plan for the maintenance building. The subject property is located at approximately 840 East Brigham Road. The site area is 252,650 sq. ft. The applicant proposes a 18,525 sq. ft. school district maintenance building. Large delivery trucks and service trucks will use the westerly driveway. There are two driveways and they are not dedicated public roads. The existing easterly service road will remain in position and will service the existing warehouse to the rear of this site. Ample room will be paved for access to the rear of the building/yard, dumpsters, and wash bay.Chairman Almquist asked what their intent was in that gravel area to the east? Glen Carnaham with Alpha Engineering replied they will pave the first part of that now and then that gravel area is basically for equipment parking and storage. Eventually they may pave that area. They are proposing a cinder block wall all around the area. PLANNING COMMISSIONPage SixNovember 13, 2007Commissioner Nobis said the site plan shows offices and conference rooms. Glen said those rooms are for their maintenance staff. Right now they are housed out of the Transportation building and they are basically running out of space. Commissioner Campbell asked about the parking ratio for the office and warehouse. They only included the ones in the front for office space parking said Glen. Glen said they can provide additional parking spaces to the back of the building if needed. Glen clarified that they included all the uses for parking. MOTION: Commissioner Hullinger made a motion to recommend to City Council approval for a request for a conditional use permit to construct a WCSD (Washington County School District) maintenance building. The site is located at approximately 840 East Brigham Road. The property is located in the OS (Open Space) zone based on the findings that it is not a significant impact on the open space designation and that they find that it is in harmony with the surrounding buildings and not a negative aesthetic and include staff comments. Commissioner Bracken seconded the motion. All voted aye.CONDITIONAL USE PERMITSA. Consider a request for a conditional use permit to construct a professional office building with a height exceeding 35 feet. The request is made by Brown Engineering, representative for the Executive Plaza project. The proposed maximum height is forty-two feet (42'). The site is located at 501 North Bluff Street. The property is zoned C-3 (General Commercial). Case No. 2007-CUP-020Planner Ray Snyder said this is a request to construct an office building of a height that will exceed the required 35 ft. and to meet the standards of Section 10-17-7 (general standards for approval of conditional uses) to mitigate reasonably any anticipated detrimental effects (noise, dust, odors, aesthetics, safety, traffic, height, hours of operation, saturation/spacing, maintain character and purpose of zone, and public health).Ray said if you measure from the very peak of the roof it would be (51'-3") and mid-roof height of forty-eight feet four inches (48'-4") on the front (Bluff Street). The average height on the north elevation is forty-two feet (42'). Ray said staff recommends approval with conditions and findings as determined by the Planning Commission. The following are suggested conditions of approval;1. Approval is subject to approval of zone change.2. The building is approved with a maximum peak height of fifty-one feet three inches (51'-3")PLANNING COMMISSIONPage SevenNovember 13, 2007 and a mid-roof height of forty-eight feet four inches on the front (Bluff Street). The average height on the north elevation is forty-two feet.3. Parking shall be demonstrated to meet the zoning ordinance requirements during the site plat review process. Parking spaces shall be 9 x 18 in size with 25' wide drive aisles minimum. Parking after UDOT widening shall meet site requirements.4. A Site Plan Review application along with 4 sets of plans shall be submitted to the Development Services Dept. For standard plan check review. Screen all HVAC equipment from view. Provide a photometric plan.5. Submit an Optional Merger application to Community Development to merge the two lots together.6. This Conditional Use Permit is also approved subject to Section 10-17-7 to mitigate reasonably any anticipated detrimental effects (noise, dust, odors, aesthetics, safety, traffic height, hours of operation, saturation/spacing, maintain character and purpose of zone, and public health).Traffic Conditions1. Meet the requirements of the City Traffic Engineer.2. Meet the requirements of the State of Utah Department of Transportation (UDOT).3. All signing and striping shall conform to the City of St. George and MUTCD standards.Planner Ray Snyder said he would like to continue with the Building Design Conceptual Site Plan for this project. Kelly Schmutz requested that Planning Commission table this Conditional Use Permit for the height for 2 weeks. Then in 2 weeks he will bring back the elevation rendering from the top of the hill.MOTION: Commissioner Hullinger made a motion to table the Conditional Use Permit for their next meeting in 2 weeks from tonight. Commissioner Bracken seconded the motion. All voted aye.BDCSP (BUILDING DESIGN CONCEPTUAL SITE PLAN)Consider a building design and conceptual site plan (BDCSP) to construct a professional office building. The request is made by Brown Engineering, representative for the Executive Plaza project. The site is located at 501 North Bluff Street. The property is zoned C-3 (General Commercial). Case No. 2007-BDCSP-003Planner Ray Snyder a Building Design Conceptual Site Plan is required for a PD Commercial development. But he pointed out that part of the zone for this parcel is zoned C-3 which does not need to have a Building Design Conceptual Site Plan. This went before City Council once before PLANNING COMMISSIONPage EightNovember 13, 2007for a zone change and the applicant wanted to make the property in the back C-3. The Council recommended that they not do that and come back and do a PD Commercial zone. Ray questioned if it was fair to have two zones on this property and he thinks it is. It is a little unusual. Ray said this report is very similar to the Conditional Use Permit. Planning Commission needs to determine if a BDCSP is necessary for this parcel.Ray presented staff comments;1. Approval is subject to approval of zone change.2. The building colors and materials shall be per November 13, 2007 submittal to Planning Commission.3. The building is approved with a maximum peak height to the top of the parapet of forty-two feet (42').4. Parking shall be demonstrated to meet the zoning ordinance requirements during the site plan review process. Parking spaces shall be 9 x 18 in size with 25' wide drive aisles minimum. Parking after UDOT widening shall meet site requirements.5. A Site Plan Review application along with 4 sets of plans shall be submitted to the Development Services Dept. for standard plan check review. Screen all HVAC equipment from view. Provide a photometric plan. Pole lighting shall be of a “dark sky” style with no lens protruding below the side perimeter of the fixture. The light levels are to be verified by a light meter prior to occupancy.6. Submit an Optional Merger application to Community Development to merge the two lots together. 7. Signage shall be under separate permit.Traffic Conditions1. Meet the requirements of the City Traffic Engineer.2. Meet the requirements of the State of Utah Department of Transportation (UDOT).3. All signing and striping shall conform to the City of St. George and MUTCD standards. Chairman Almquist asked Assistant City Attorney Joseph Farnsworth if it was legal to have a building on two different zones. Joseph replied that it should all be the same zone throughout the whole project. City Council did not want to see it all C-3. So the next step would be PD Commercial which would be the logical choice. Chairman Almquist asked why the parking lot can’t be PD and the building be C-3 with a parking lot agreement for that zone based upon on the function of the building. Assistant City Attorney Joseph Farnsworth said a parking lot is not a permitted use in the PD zone. He said having the two zones on the one area was to help accommodate some of the landscaping issues. PLANNING COMMISSIONPage NineNovember 13, 2007Ray said City Council did not want to see a C-3 zone. City Council wanted to see it PD so they could see what the uses would be on the parking lot in the future. Chairman Almquist said the whole building should sit in one zone. Community Development Director Bob Nicholson said this item came to City Council about three months ago for the back half of the property. Bob said they should get a deed restriction for the parking lot and then the C-3 would be more acceptable. If the front was zoned PD-Commercial it would require a 25 ft. of landscaping. Their property line is 20 ft. back from the behind the current sidewalk. That is between the UDOT right-of-way. So that is 45 ft. from back of sidewalk. Recognizing the applicant’s dilemma, staff thought then the two zones would be a compromise with a PD in the back and leave the front C-3. The other alternative is to have a C-3 in the back with a deed restriction.MOTION: Commissioner Hullinger made a motion to table the Building Design Conceptual Site Plan for their next meeting in 2 weeks from tonight. Commissioner Bracken seconded the motion. All voted ayeHILLSIDE PERMITConsider a request for a hillside development permit for a commercial parking lot for a proposed professional office building on approximately 5.66 acres. The property is located north of Donlee Drive (400 North Street) and is accessed by Bluff Street. The applicant is “Executive Plaza,” Paydirt Properties, LLC. Jason Vowell, representative. Case No. 2007-HS-008Planner Ray Snyder said the applicant submitted to the Hillside Review Board a drainage report, geotechnical report, site plan, grading plan, cross sections, landscape plan, and slope map. The applicant proposes to develop approximately 1/3 of the site commercially. The majority of the site is not developable per the hillside ordinance. A slope map has been submitted that indicates the approximate area that could be developed.Ray pointed out the background on this site;1. The City Council denied a zone change request for C-3 zoning for this site at the December 7, 2006, city Council meeting. The council encouraged the applicant to return instead with a PD-COM zone change request for the entire site. The commercial uses could then be more regulated.PLANNING COMMISSIONPage TenNovember 13, 20072. At the last Planning Staff Review meeting of July 17, 2007, the applicant was encouraged by staff to submit a PD-COM zone change request for the rear portion of the property (and leave the front existing property as C-3).3. The applicant is requesting the Hillside Review Board visit the site prior to their revised zone change submittal.4. A hillside permit will be required to be processed through the Planning Commission and City Council.5. A lot merger is required.6. UDOT previously reviewed and approved the access on 500 North St. (a new approach was created).7. Staff has a concern with the future right-of-way for UDOT and the impact on future parking and landscape and parking spaces may be lost on Bluff. However, the applicant is providing more parking than required and adequate spaces will exist on site after Bluff street is widening. Also it appears that a minimum landscape area will be available after widening to support street trees.Ray said the parking lot area has been previously disturbed. The slope ranges and percentage of disturbance shown appear to be within allowance of the hillside ordinance. It is recommended that an approved “No Disturb” area be designated on the slope map. Orange fencing needs to be installed to indicate limits Ray stated that if Planning Commission recommends approval conditions are suggested;1. Approval is conditioned upon the motion of the Hillside Review Board. 2. A zone change application shall be submitted and approved by City Council.3. Parking lot and landscaping per October 22, 2007 revised plan submittal/sheet SM1.4. A Site Plan Review application shall be submitted to Development Services for processing. It shall include a site plan, grading plan, cross sections, erosion control plan, and other details as deemed applicable by staff.Ray said the motion by the HSRB is;“The HSRB recommends approval of a hillside permit subject to changes being made on the plan by the applicant that reflect the south parking lot area being redesigned (approximately 7 stalls to be relocated) to minimize or remove hillside cuts which would otherwise result in visible scaring from Bluff Street. The applicant shall redesign the south west corner to provide maximum protection to the existing building to the south. Staff shall review any retaining wall design, drainage system design, and landscaping design per the discussion of this HSRB meeting. The applicant shall also designate a “No Disturb Area” on the plans and install orange fencing to indicate construction limits. It is also recommended that the applicant PLANNING COMMISSIONPage ElevenNovember 13, 2007consider bringing back pocket areas of landscaping in the front of the site on Bluff Street to allow mature street trees to remain in place with the ultimate UDOT street widening.”MOTION: Commissioner Burks made a motion to recommend to City Council approval a request for a hillside development permit for a commercial parking lot for a proposed professional office building on approximately 5.66 acres. The property is located north of Donlee Drive (400 North Street) and is accessed by Bluff Street, subject to staff conditions. Commissioner Nobis seconded the motion. All voted aye.ZONE CHANGES - PUBLIC HEARINGS (5:00 P.M.)A. Consider a zone change request from R-1-10 (Residential 10,000 sq. ft. minimum) to PD-COM (Planned Development Commercial) on 4.747 acres located at approximately 501 North Bluff Street. Note: This will result in a project on two different zones (PD-COM & C-3). The applicant is “Executive Plaza”. Mr. Marc Brown, representative. Case No. 2007-ZC -021iPlanner Ray Snyder said this would result in a split zoning on the site. The rear portion where the parking lot is proposed would become PD-COM while the front would remain C-3 (General Commercial). Ray said staff comments are as follows;1. The other related cases are contingent upon approval of this zone change.2. The Planning Commission will have to determine if a project should have a building on one zone and the supportive parking lot on another.3. The City Council previously denied a C-3 zone change request for this site. However, the Council encouraged the applicant to return with a request for a PD zone. Staff interpreted this as meaning PD for the entire site. The applicant desire to leave the existing C-3 zone in place which only requires 5% landscaping versus a PD which would require a 25 ft. landscape area in front.4. A lot merger should be required.5. It is recommended that if this zone change is approved that it is conditioned that only parking lot is the approved use and no future building is permitted in the PD-COM area.Commissioner Bracken asked Assistant City Attorney Joseph Farnsworth if the City’s Legal Dept. is comfortable with two different zones. Joseph replied not totally comfortable. Joseph said legal would like to see the area one zone. His recommendation would be to have the area zoned as one zone. PLANNING COMMISSIONPage TwelveNovember 13, 2007Commissioner Bracken asked why the board should not follow the City’s Legal Department’s advice? Ray said he spoke with Kelly Schmutz and he said if these applications pass tonight they would ask that none of the applications go to City Council until the night the zone change can be heard by City Council. There was discussion having two different zones on one parcel. Community Development Director Bob Nicholson said there are two solutions; 1) change the zone to PD-COM and meet the landscaping ordinance of 25 ft. or 2) change the zone to C-3 and do a deed restriction for the parking lot. Kelly Schmutz the representative said with a C-3 request the denial seemed to be not enough information with a worry that the applicant can do what ever they wanted to do there. The current request for a PD was to show what they were going to do. They submitted the zone change this way with recommendation from City staff. The applicant is not adverse to change his request to C-3 and offer a development agreement that would bind them essential to what has been submitted on the site plan.Commissioner Taylor said he would like to hear from the public and hear their concerns. Jeremy Call said the C-3 zone is in the master plan and he feels that is important to know. They are applying for a zone that is in the master plan. Planner Ray Snyder pointed out that the General Plan shows the area as commercial. Dorothy Mock lives in The Ridge and she is concerned with the height. Chairman Almquist pointed out on the site plan where the highest point was on the building. Dorothy asked about the balloon that was set out on the site. Kelly Schmutz said the balloon was 42 ft. higher than the ground. Kelly said the highest part of the building would still be approximately 65 ft. below from the mesa. Dorothy said could there be a row of balloons instead of one balloon? When you talk about the zoning from R-1-10 to be PD-COM, to C-3, possible now with a restriction, does this mean that the property could be sold and have something else put there. Assistant City Attorney Joseph Farnsworth said the deed restriction stays with the property. Dr. Paul Headmen said this is a better improvement from what they have seen before. He would recommend to have the architects come to their rim and superimpose a picture showing what they would look at when the building is there. He is concerned about the hillside and the erosion of the soil. Chairman Almquist explained the cutting process for that area. Paul asked about the yellow coloring of the building. PLANNING COMMISSIONPage ThirteenNovember 13, 2007Pat Shepard said is the apartment house going to stay. Chairman Almquist said he is sure it is. There has been no change in that.Robert Shepard said there are 13 lights on Bluff Street. Would there be more intense lighting in the proposed parking lot.Commissioner Campbell said the fixtures would be night sky where the lens does not hang down like the lights on Bluff Street. Douglas Marshall said he wanted to know if the building would encroach to where his home is located. He also asked about the lighting. Council Member Bunker said they are trying to make sure that they have night light. Jack Rose lives in The Ridge he spoke about the traffic light on 500 North Street. He is requesting a traffic light at 400 North. Kelly Schmutz answered some of the concerns. He said the south parking lot will come down 4 ft. The traffic light is out of their hands. Lighting will be worked out with staff to conserve the night sky lighting. They can provide a rendering of the height of the building from the ridge. Kelly said this project is a great improvement. Kelly said yellow is not a reflective color. They could certainly talk to the applicant about another color. Commissioner Campbell said it is the percentage of the color - every building deserves a punch. Commissioner Campbell said the sound coming from Bluff Street is unbelievable. This building will help screen some of that sound. Kelly said one of the recommendations is to supply parking islands in anticipation when Bluff Street is widen. Community Development Director Bob Nicholson said based on the City Attorney’s discomfort with the idea of a split zones it leaves two alternatives, 1) zone the whole parcel PD- COM and resolve their landscape along Bluff Street and 2) zone the back C-3 with a deed restriction. Assistant City Attorney Joseph Farnsworth said the City Legal’s Dept. feels the parcel needs to be all one zone. If the Planning Commission decides to have this zoned C-3 then it would need to be renotified and heard again by Planning Commission on a different date. The next date would be November 27th. PLANNING COMMISSIONPage FourteenNovember 13, 2007MOTION: Commissioner Burks made a motion to recommend that Planning Commission takes no action tonight and re-hear this item 2 weeks from today based on the applicant’s request. Commissioner Nobis seconded the motion. All voted aye. Chairman Almquist introduced Troop 1762 from Little Valley area. They are working on their communications merit badge. Chairman Almquist said they will hear Item C (The Ledges) next. C. Consider 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. 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 the south of the corridor on the other plan it was more towards the north side. Curt said they would like to continue to the next Planning Commission meeting. Curt said the density bonus is one of the things they have to talk about. Curt said they have talked to the City Traffic Engineer on their Traffic Impact Study. There were very few comments from the traffic engineer. Commissioner Bracken said the bonus density needs to be looked at a little bit further. Curt said they will get everything in their plan. They will get more than what the bonus density could be. PLANNING COMMISSIONPage EighteenNovember 13, 2007Curt said they are engaged to UDOT to build a highway and they are involved with City planning to get infrastructure. It is important to them to get all this information. MOTION: Commissioner Burks made a motion to recommend to table this for two weeks by the request of the applicant for time to get documents to City. Commissioner Hullinger seconded the motion. All voted aye.ZONING REGULATION AMENDMENTS - PUBLIC HEARING (5:00 P.M.)B. Consider a zoning regulation amendment to amend Chapter 7 Residential Zones Article “C” Multiple-Family Residential Zones (R-2, R-3, R-4), Section 10-7C-3 “Conditional Uses,” to incorporate “Child Family Support Facility” as a conditional use permit in the multiple family zones. Ms. Christine Nelson and Ms. Laura Bartschi, applicants. Case No. 2007-ZRA-018Planner Ray Snyder said this is to amend Chapter 7 Article C Multiple Family Zones to allow for a residential child facility. Staff has worked with the City’s Legal Department and they have a new revised paragraph for this section of the ordinance. Assistant City Attorney Joseph Farnsworth pointed out that parking language was taken from another part of a parking code. Chris Nelson, the applicant said her business was run through Discovery House. There were some issues with the background check. So as a result they lost their license. Commissioner Taylor said would they get in trouble with the Fair Housing Act if someone comes along for another use. He doesn’t want to see the door open for other treatment centers. The contractor may or may not be a resident of the home. The providers are little bit more in touch with the neighborhood. He is concerned about the protection for the neighborhoods. He said sometimes the child is the abuser and it is not uncommon that a child is placed in a respite. That possess some issues. Chris said they won’t take a child for a sexual act infraction. That is a safety issue. This is not a treatment facility they will have their therapy in other places. If there is no home for them to be place then they need a safe place for them to stay until one is found. She said no parents will stay at the facility. PLANNING COMMISSIONPage NineteenNovember 13, 2007Commissioner Nobis said a person can go buy a home and use it for the same purpose. Commissioner Taylor said child care centers run well but that is because the person who owns the home lives there. Chris said she would not want to live at the facility but it will be staff 24 hours a day. Chris said there will be police dropping children off and she feels this is showing safety to the neighborhood. Chris said what was the language when it was able to run before? Bob Nicholson replied there was a nursery on 400 North and 500 West and it was a day care then it went through a transition. They added over night care and they felt it was just an extension of the day care.Chris said the Crisis Center is set up for 12-18 years old. This grant is to cover 0-11 year olds. Chris said they need part-time workers. The workers can not work more than 20 hours a week. She said they did find a home and they have talked with the neighbors. One resident was concern with the traffic. Council Member Bunker asked if they are opening themselves up to other respite centers especially for adults. Assistant City Attorney Joseph Farnsworth said he would have to look more into the Fair Housing Act. MOTION: Commissioner Hullinger made a motion to recommend to City Council approval a zoning regulation amendment to amend Chapter 7 Residential Zones Article “C” Multiple-Family Residential Zones (R-2, R-3, R-4), Section 10-7C-3 “Conditional Uses,” to incorporate “Child Family Support Facility” as a conditional use permit in the multiple family zones. Commissioner Bracken seconded the motion. Commissioner Taylor voted aye Commissioner Nobis voted nayCommissioner Campbell voted nay Commissioner Bracken voted ayeCommissioner Hullinger voted aye Commissioner Burks voted nayChairman Almquist voted aye Motion passes 4 to 2 in favor.A. Consider a zoning regulation amendment to include a new chapter 25 “Landscaping Standards and Guidelines” and to amend several sections of the St. George City Code, Title 10 Zoning Regulations, specifically those existing sections which pertain to “Landscaping”; Sections 10-10-5 (E) (Commercial Zones), 10-9-6 (A) (Administrative and Professional Office Zone), 10-8-5 (I) (Planned Development Zone/Residential Development Standards), 10-8-6 (G) (Planned Development Zone/Commercial/ Manufacturing Development Standards), 10-8-7 (E) (Mixed Use Development PLANNING COMMISSIONPage TwentyNovember 13, 2007 Standards), 10-8A-15 (TND/Traditional Neighborhood District), 10-11-4 (G)(2) (Manufacturing Zones), 10-7C-7 (F) (Multiple Family Residential Zones), and 10-13D-9-4 (Airport Influence Area and Overlay Zone). Planner Ray Snyder said there are several areas within the ordinances that will need to be changed if the changes are approved here tonight. This is a proposed new chapter 25 for landscaping. Ray said this is a step forward in continual efforts to enhance and direct community development standards. At this time it may be wise to make an additional change in the draft ordinance by requiring a minimum 15' wide planter strip in the front yard area along the public strip, rather than the current 5% landscape area requirement. The 15' wide planter area requirement would provide greater consistency in the street-scape in commercial areas. The 5% landscape requirement could remain in the M-1 zone, and the PD zone could remain at the present 25' front landscape requirements.Kent Perkins said Larry Fredrickson will presenting their request this evening. Larry presented a power point presentation. Their goals is to set standards for development. Protect and enhance the environment. Conserve resources, reduce energy consumption and reduce soil and water loss from runoff. Reduce environmental damage from dust, erosion, noise, etc.Commissioner Burks asked who is going to enforce this? Larry replied the Parks Department will maintain the inspections.Kent Perkins said the ordinance was written by the City’s Legal Dept. Kent requested they come back with some of the changes that were discussed here this evening. MOTION: Commissioner Bracken made a motion to table item and have the City’s Parks Department return with some revisions to the proposed landscape ordin...

...e proposed PD zone will include mixed residential, commercial, open space, parks, an 18 hole golf course, and related land uses. Case No. 2007-ZC-022Community Development Director Bob Nicholson said this was considered two weeks ago and was tabled to resolve some issues. Bob spoke on the Addendum 1 the applicant had made up since two weeks ago. Bob said this is a very large land area. The issues that were outstanding before have been resolved. Bob said Category III TIS has been resolved, Concurrency Ordinance has been resolved, Master TIS Update Schedule this has been resolved, and Left Turn Storage Lengths and Figures are resolved. The issue of the density bonus would not apply to this area. Most of the issues have been resolved. Commissioner Bracken asked if the parks are being given to the City or what? Assistant City Attorney Joseph Farnsworth said they are in the process of working that out with the City’s Parks Department. A development agreement will be required to decide the issue of park maintenance. You can table the matter and wait to see if the development agreement is executed. The development agreement needs to be fully executed before it goes to City Council. Commissioner Bracken said without that in place he does not see how they can proceed.Bob said in the back of the addendum there is a conceptual rendering of a resort property being proposed. That will need to come in for a special review. Curt Gordon the applicant said the changes they have made are in response from the City and Planning Commission. They will comply with whatever the parks will need. They would prefer to not have this item tabled. They will continue to work on a development agreement with the City.Assistant City Attorney Joseph Farnsworth said the current policy of City Council and the City Manager is to make sure when there are big projects with high density that there is a Development Agreement in place. Commissioner Bracken said the problem is that the City ordinance does not state you need to have the parks put in but ordinance changes that are going through right now are trying to put it in place in order to get that type of density bonus. The problem is they don’t know if all of this is going to pass or not. Curt said they have 107 acres of park PLANNING COMMISSIONNovember 27, 2007Page Thirteenland planned but they are only required to have 60 acres. He feels it would not be realistic for the City to expect them to hand over all the land for the parks at this time.Curt said they have worked on this project a long time and would appreciate the Planning Commission’s support. Assistant City Attorney Joseph Farnsworth said if the Planning Commission wanted a chance to review the Development Agreement they could table it until they could review the document. They still have the option to recommend approval or denial then the development agreement would need to be executed before City Council.MOTION: Commissioner Bracken made a motion to table this item until they see a development agreement. Commissioner Campbell seconded the motion. DISCUSSION ON MOTIONChairman Almquist said the Planning Commission does not approve a development agreement. Assistant City Attorney Joseph Farnsworth said no but the City’s Legal Department thought Planning Commission would like to see the agreement along with the project. However, you still have the option to recommend approval or denial. Commissioner Burks asked if City Council requested a development agreement before this is heard by them. Assistant City Attorney Joseph Farnsworth replied yes, he would have the development agreement in place at that time. Curt Gordon said he believes they are trying to apply a standard to a project that is not a City policy right now. Their preference is that Planning Commission either approves or denies this request. If Planning Commission tables this project then they will pull their application and they will just piece meal it together. Chairman Almquist asked if the development agreement was mentioned last time this was heard. Curt said the development agreement is going to be hard for such a large piece of ground. They were not told they would have to do a development agreement. Assistant City Attorney Joseph Farnsworth reminded Curt that he had e-mailed Curt a draft development agreement the previous week. He thinks it is a good idea to do a development agreement but this is not a City policy right now. Assistant City Attorney Joseph Farnsworth said the City is working on Development Agreements with other developers right now. Curt would like to see where that is written in the City policy. Assistant City Attorney Joseph Farnsworth said he is receiving his direction from the City Attorney who takes direction from City Council. Curt said this is not a formal City policy to have a development agreement. So again he would like to state to Planning Commission either approve or deny them. DISCUSSION ON THE MOTION (continued)Assistant City Attorney Joseph Farnsworth said the development agreement is a formal City policy designed to make things easier. Part of that approves density issues, parks and other issues. Commissioner Bracken asked if he could withdraw his motion and make another one.Community Development Director Bob Nicholson said again the issue of the density bonus and how far it is going to be applied outside of Little Valley. The topic of the work meeting with City Council this Thursday will be the density bonus issue. It was concluded not to include this in the development agreement because the application was already submitted before this was an issue. The council has not adopted a pending ordinance provision. MOTION: Commissioner Bracken said his concern is the City should be treating all developers the same. He feels that they should approve the plan the way it is. Therefore he will make a motion to recommend to City Council approval of this item. Commissioner Burks seconded the motion. All voted aye.PLANNING COMMISSIONNovember 27, 2007Page FourteenD. Consider a zone change request from A-20 (Agricultural 20 acre minimum) to R-1-10 (Residential 10,000 square feet minimum lot size) with a Development Agreement on 30.63 acres located at approximately 3300 South Little Valley Road. The project is “Silkwood at Meadow Valley,” Phillips Homes applicant. Case No. 2007-ZC-024Community Development Director Bob Nicholson said this is in the Little Valley area. The Little Valley plan was adopted about a year ago. This area is designated as residential. The density bonus program said the applicant can earn about 2 units above per acre that gives them a 25% density bonus. They need to improve the parks and trails. They do have 2 trails on the north adjacent to the Little Valley Ranch subdivision. There is 100 ft. buffer between the homes and the property line. On their plan they have about 4.5 acres representing the development acres. They are going to have a 1.15 acre neighborhood park which will need to be managed by the HOA because it is too small for the City to maintain. Commissioner Campbell asked about the enhance landscaping. Bob replied that along Little Valley Road and Crimson Road the City requires a minimum of 10 ft. of landscape but they will need to do 20 ft. There will be a block wall on Little Valley Road but on Crimson Road there will not be. PLANNING COMMISSIONNovember 27, 2007Page Fifteen Assistant City Attorney Joseph Farnsworth said he spoke with Mr. Kulmann Assistant Secretary today and she stated they are in the process of working out a development agreement.Brent Phillips the developer said they are new to St. George. They have been developing in other parts of Utah for the last 20 years. Their homes will focus mainly on families. Their neighborhood would be a traditional family neighborhood. They have always put in parks. The trail system connects to the neighborhood master plan. They are seeking to have a zone change to an R-1-10 with a density bonus plan. On Little Valley side that is a 66 ft. right-of-way. This type of neighborhood has character. There is a park in the center of the project. There are single-story and two-story homes being proposed. There proposal would be sometime in 2008. Council Member Bunker asked about the entrance to the development, would there be a wall for the homes along that drive. Brent replied there would be walls for the residents on the entrance.Commissioner Bracken asked about the sewer lines and waterlines. Sean Glather said the infrastructure would come down Crimson Ridge. Mike McGregor a nearby resident said he is the only one that received notification on this project. He would suggest tabling this item so people can be notified that live there. He would personally like to see more of a buffer. He suggested that Commissioner Bracken abstain on voting due to the fact this would benefit his property financially. He feels this is a type of spot zoning. He said the subdivision has not been vacated. Gary Kulmann represents the applicant said they have full title reports. Regarding the maintenance on the parks they will cover that by doing a development agreement. The ordinance...

...the proposed ordinance itself, as building lots do not create the need for parks, people do. He expressed concern that after a developer put up $500,000 for a park, there was no guarantee that the City would build the park, and if the money was not used within 10 years, the City would return the money to the developer without interest. Council Member Orton commented that traditionally the City has done a good job of having a park within ? mile of every resident, and parks are well represented in all neighborhoods. He stated he felt the City would continue to do this. Mr. Bracken stated he felt mandatory park dedication would increase the cost of affording housing. City Manager Gary Esplin replied that the fee would be paid in the cost of the lot or at the time of the building permit and would have no effect on a developer?s ability to provide attainable housing. Mayor McArthur advised that a developer would either have to provide the land for a park, or pay an in-lieu fee. The in-lieu fee would then be used to purchase park land or upgrade a nearby existing park. Mr. Bracken commented that a small developer would have no promise of ever getting a park in his area. He suggested that interest should be paid on any monies retained by the City which would be returned to the developer. Mayor McArthur agreed that interest should be paid on any money returned to a developer. Mr. Bracken commented that any in-lieu fee paid which would not be spent on a park within one mile would have to be returned to the developer with interest. St. George City Council Minutes February 22, 2007 Page Three City Manager Gary Esplin commented that the money must be paid up front or else the City would never be able to purchase park property. Mayor McArthur suggested the City obtain the money up front and pay interest on it to the developer when returned if not used. Leisure Services Director Kent Perkins commented that staff has completed a master parks plan, identified areas where parks are located and needed, and is now trying to acquire property for parks. Money paid up-front by developers will be used to reimburse the City for land it has purchased for parks. Ron Bracken commented that when a developer pays his or her money, there should be a designated area for a park and it should be purchased at that time rather than waiting. City Manager Gary Esplin clarified that a developer with a smaller development would not have to give up four acres, but would have to pay an in-lieu fee. Council Member Orton commented that the City?s need comes when the subdivision is platted, and that is when the City looks at the overall picture and the need for a park arises. City Manager Gary Esplin commented that the City needs to buy park sites. Impact fees do not pay to secure property. It is not fair to delay purchase of park property until homes are built or the City will never have the money to do so. He explained that funds to purchase park property can be borrowed from other internal funds, or the City can sell off properties it owns to generate cash. Council Member Whatcott inquired about the developer who builds on the fringe of his development, or a developer who builds but takes 10 years to justify building a park. He commented this would be unfair for the rest of the community. City Manager Gary Esplin commented this was a concurrency issue, and if a developer wants to develop a park on the fringe of his or her development, or take a long time to build, he or she must accept the fact that his or her funds may be held for longer than ten years. Ron Bracken commented that a park is a benefit, and someone who pays $500,000 and gets no park gets no benefit. Council Member Orton replied that the success of a development is not the City?s responsibility, and if a developer builds prematurely, the City should not be penalized if a developer cannot sell his or her lots. Gil Almquist inquired about use of school fields as parks. City Manager Gary Esplin replied that in the past the City has helped with costs of lighting and to build tracks in exchange for use of the fields by the public, but use of school fields is restricted and cannot be substituted for City parks. St. George City Council Minutes February 22, 2007 Page Four Gil Almquist inquired if the City was breaking new ground with this policy. City Manager Gary Esplin replied that the City?s recommendation is a compilation of numerous similar policies, using the best of each. Gil Almquist inquired about density credits. City Manager Gary Esplin replied that the standard in the parks master plan is four acres of park for every 1000 people. If a developer increases the density, more park land must be provided. Gil Almquist inquired about trails. City Manager Gary Esplin replied that the City will dictate where parks are built, and requires access trails from the park site to adjacent ...

...ng to order and welcomed all present. The pledge of allegiance was led by Parks Superintendent Lynn Scott and the invocation was offered by Chief Stoker. Mayor McArthur invited anyone interested in offering the invocation or leading the pledge of allegiance at future meetings to please advise him. City Manager Esplin advised there is one addendum to the agenda which is a public hearing for a bond issue and items 6H and 6I would be tabled. Conservation update: Conservation Coordinator Ren? Fleming indicated water production in July increased over July 2002. However, production for August has decreased compared with August 2003. She explained energy peaks at this time of year can be significant and encouraged citizens to raise the thermostat and do avoid using appliances such as washing machines during the peak time of day which is between 2:00pm and 8:00pm. BID OPENINGS Consider award of bid for the marathon runner T-shirts Purchasing Agent Sue Swensen distributed two sample T-shirts for the council to evaluate. She explained the bid was done more as a request for proposal of a performance blend long sleeved shirt. Council Member Orton asked if the local vendor can supply the higher quality T-shirt. Purchasing Agent Sue Swensen indicated the local vender could not provide the higher quality cool max T-shirt. The difference in the bid is $251. She explained an informal survey was done with runners round town and the performance blend T-shirt was preferred. Staff is recommending awarding the bid to Mega-Pro. Council Member Whatcott made a motion, seconded by Council Member Orton to award the bid to Race Ready in the amount of $34,200.00. All voted aye, motion carried. Consider award of bid for a test center with DC field Purchasing Agent Sue Swensen explained this is a bid for equipment to be used to rewind motors at the reclamation facility. The bid was sent out to several companies, only one responded. Water Services Director Barnum explained the department typically sends motors out to be rewound. Staff has reviewed the cost for this service over the last six months; it amounted to approximately $27,000. There is an employee at the Waste Water Treatment plant that has done this work as a profession. By purchasing the equipment to do this, the St. George City Council Minutes August 7, 2003 Page Two department will save over 40% of cost to send motors out. The payback time will be about 4 years. Also, the Water Service Department can provide this service for other City departments. Council Member Gardner expressed concern regarding the service belongs in the private sector, but if the City can make the tax dollars go further this is a valid request. Private industry providing this service was discussed. There is a company in Cedar City and one in the City of St. George that does provide this service. The materials will still be purchased locally, only the labor will be provided by a City employee. Council Member Orton made a motion, seconded by Council Member Whatcott to award the bid to Essex/Brownell in the amount of $49,390.00. All voted aye, motion carried. Consider award of mid for seed for the golf course Purchasing Agent Sue Swensen explained the bid includes seed for the Snow Canyon Soft Ball complex. Three bids were received. It is recommended to award go to the low bidder, John Deere Landscape in the amount of $85,120.00. The council discussed the specifications of the seeds, all bids met the specifications. Also discussed was the amount of water used for reseeding. The reseeding will be done in September when water demand is down. Council Member Gardner made a motion to award the bid to John Deere Landscape in the amount of $85,120.00, seconded by Council Member Orton. All voted aye, motion carried. Consider award of bid for marathon trophies and finisher medallions Purchasing Agent Sue Swensen indicated the trophies and medallions are unique. Staff recommends awarding the bid to Kenworthy Signs in the amount of $32,542.75. Mayor McArthur asked about the prices, have they increased over the years? Leisure Services Director Perkins indicated that over the years prices have raised some, but have been the same for the last 2 years. He explained the funds for the awards are reimbursed by the contestants and sponsors of the marathon. Council Member Orton made a motion, seconded by Council Member Whatcott to award the bid to Ken Worthy Signs in the amount of $32,542.75. All voted aye, motion carried. Consider award of bid for the Slick Rock Park playground structure Purchasing Agent Sue Swensen explained the Parks Department wants install a play element that fits into the natural area of this park. There is only one company that can supply something within the approved price range. The amount is of the bid is $48,066.00. Parks Superintendent Lynn Scott explained the department is trying to work with the natural environment and to limit the amount of area disturbed. This element can be configured and installed by Parks Department. Council Member Gardner asked why the natural boulders are not suited for climbing on. St. George City Council Minutes August 7, 2003 Page Three Parks Superintendent Lynn Scott explained this is a more controlled environment which can have playground surfacing underneath it. Mayor McArthur asked if there will be traditional equipment such as swings installed. Parks Superintendent Lynn Scott indicated there will not, however, within a few blocks there are parks with swings and other traditional structures. Traditional playgrounds are suited for 5 ? 12 year olds. This park will be used by those attending the Millcreek High School. This structure is suited for 5 year olds and up. Council Member Gardner made a motion, seconded by Council Member Orton to award the bid in the amount of $48,066.00 for the Slick Rock playground structure. Council Member Whatcott asked if the amount includes playground surfacing. Parks Superintendent Lynn Scott indicated it does not; it does include the shipping costs. All voted aye, motion carried. Consider award of bid for the Dixie Downs Park playground structure Purchasing Agent Sue Swensen indicated this is a replacement structure for one that was damaged in a fire. The source is the vendor that supplied the original structure. Mayor McArthur asked if this is covered by insurance. Parks Superintendent Lynn Scott indicated the cost is partially covered by ...

... City Council also granted permission for the area to be residential, with parks and schools. She asked the contractors to reach a compromise with the residents of the City. Ron Ohlwiler, a resident of the Knolls, stated that some of the suggested changes to the ordinance give a lot of outs to the violators. He stated the City should require the posting of a surety bond for those who refuse to follow the guidelines. He stated the ordinance will not please everyone, but the City had to start somewhere and if more teeth is put into it, the contractors can still operate within reasonable bounds and the air quality will improve. Council Member Bunker asked that the holidays be identified. After discussion, the holidays identified for purposes of the ordinance are: New Years Day, Memorial Day, July 4, Labor Day, Thanksgiving Day, and Christmas Day. MOTION: A motion was made by Council Member Orton to approve the ordinance amendments as recommended and specifying the six holidays as decided upon. SECOND: The motion was seconded by Council Member Bunker. Council Member Orton suggested that the Task Force remain intact and continue with their work, as the ordinance is a work in progress and can be changed. VOTE: Mayor McArthur called for a roll call vote, as follows: Council Member Orton - aye Council Member Bunker - aye Council Member Gardner - aye Council Member Allen - aye Council Member Whatcott - aye The vote was unanimous and the motion carried. RESOLUTION: Consider approval of a resolution adopting a fee schedule for the City?s air quality program. Bill Swensen reviewed the proposed fee schedule. He clarified that contractors are required to call in weekly for inspections for long-term ongoing projects. He stated that any time earth is being moved, the City must be notified and a permit obtained. He advised he hoped to implement this process so it is available on the internet. St. George City Council Minutes December 6, 2007 Page Thirteen City Manager Gary Esplin stated that the problem is multi-faceted and includes uncovered loads, dust generated when the ground in moved, blasting dust, etc. These activities must be monitored so that the resulting problems can be dealt with. The inspector must know what is going on and control potential problems. As all the dust causing activities accumulate, they add to the entire problem in the City. Staff is trying to muddle through and figure a way to deal with it. Whether the fees are too high or not, he did not know. Council Member Gardner inquired if there were a relationship between the amount of the fee and the number of times the project is inspected, or if the fee is really a permission fee on the front end of a project. He commented he would rather see a lower fee and have more compliance on the front end. Council Member Whatcott commented that an application fee should be a one-time cost of $25 or $35, and whether a contractor is working on one or 10,000 acres, he should not be charged a development fee on an annual basis as that would be unfair. On the development side, the City is trying to create funds to provide a second person to cover more territory. He stated he agreed with Council Member Gardner that charging a fee based on acreage is unfair. Bill Swensen replied that most of the ordinances used as models used acreage for the fee schedule. Council Member Bunker suggested the fees be charged on the project rather on acreage. Council Member Gardner suggested that if the fee is based on acreage, it be lowered by half. City Manager Gary Esplin commented that the City Council did not need to adopt the fees tonight if they would like time to review them. City Attorney Shawn Guzman advised there is a general penalty in the ordinance for any violation fee not specified. Right now if someone comes in with an application, the City will not charge them an inspection fee. Mayor McArthur suggested the item be tabled and given to the Task Force for recommendations. MOTION: A motion was made by Council Member Bunker to table the matter and give it to the Task Force for review. 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 Whatcott suggested that a one-time fee for contractors to be signed up for the air quality program could be handled on the business license form. BEER LICENSE: Consider approval of a beer license and local consent for an on-premise beer license for the Lucky Buffet at 696 North 3050 East. Leong Lee Foo, applicant. City Manager Gary Esplin advised the application met all requirements and staff recommends approval. MOTION: A motion was made by Council Member Orton to approve the request. SECOND: The motion was seconded by Council Member Whatcott. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. INCENTIVE AGREEMENT: Consider approval of an incentive agreement with YESCO. City Manager Gary Esplin explained that YESCO proposes to locate a new manufacturing facility in the Ft. Pierce Industrial Park. They propose to generate 94 new jobs, with a majority of those jobs paying higher than the daily wage rate in Washington County and a benefit package. They have invested $5,000,000 in land and a building and equipment. He suggested that since they are locating in a CDA, they be given an incentive similar to others given in this area by returning to them a portion of their property tax equal to 50% for a period of five years. No money will be coming out of the General Fund, but from the taxes they pay. St. George City Council Minutes December 6, 2007 Page Fourteen MOTION: A motion was made by Council Member Orton to approve the agreement. SECOND: The motion was seconded by Council Member Gardner. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. RESOLUTION: Consider approval of a resolution providing for the financing by the City of St. George, Utah (the ?Issuer?) of the acquisition and/or construction of a manufacturing facility including equipment and related facilities (the ?Project?) to be located in the City of St. George, Utah, for use by Young Electric Sign Company, or any related company (the ?Borrower?) in order to promote the general welfare of the residents of the State of Utah; authorizing and providing for the issuance by the Issuer of its $5,000,000 Industrial Development Revenue Bond, Series 2007A (YESCO Properties LLC Project) and $1,000,000 Industrial Development Revenue Bond, Series 2007B (YESCO LLC Project), which will be payable solely from the revenues arising from the pledge of two loan agreements among the Issuer, the Borrower and GE Government Finance, Inc., as said lender; authorizing the execution and delivery of said loan agreements, escrow agreements and related documents; confirming the sale of said bonds; and related matters. MOTION: A motion was made by Council Member Gardner 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 Gardner - aye Council Member Whatcott - aye Council Member Orton - aye Council Member Allen - aye Council Member Bunker - aye The vote was unanimous and the motion carried. BEER LICENSE: Consider approval of a beer license and local consent for a restaurant liquor license for the Barbeque Bistro. Larry D. Miller, applicant. City Manager Gary Esplin advised the license is for a new owner but for a location that has an existing license. The application meets all requirements. Mr. Miller, applicant, advised that he has been operating the Dammeron Valley BBQ for the past four year and has recently taken over the Tony Roma?s location. MOTION: A motion was made by Council Member Orton to approve the request. SECOND: The motion was seconded by Council Member Whatcott. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. CONSERVATION EASEMENT: Consider acceptance of a conservation easement for two parcels within the Entrada development for open space preservation. Spilt Rock, Inc., applicant. City Manager Gary Esplin advised in order for the applicants to receive a tax credit the City must accept the easement before the end of the year. The easement will be used for the purpose of maintaining permanent open space. MOTION: A motion was made by Council Member Gardner to accept the easement. SECOND: The motion was seconded by Council Member Allen. 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 establish a restaurant and cake parlor with non-conforming parking at 25 North Main Street. MOTION: A motion was made by Council Member Allen to approve the conditional use permit subject to the recommendations of 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. St. George City Council Minutes December 6, 2007 Page Fifteen SET PUBLIC HEARINGS: Community Development Director Bob Nicholson advised that the Planning Commission, at its meeting held November 27, 2007, recommended that public hearings be scheduled for January 10, 2007 at 5:00 p.m. to consider: (1) An amendment to the General Plan Land Use Map from MDR to PO on 3.9 acres located at 1350 East 900 South. Blue Mountain, applicant. (2) A zone change from R-1-10 to PD-AP on 3.9 acres located at 1350 East 900 South. Blue Mountain, applicant. (3) A zone change from R-1-10 to C-3 on 4.747 acres located at 501 North Bluff Street. Jason Vowell, owner. (4) A zone change from M&G to PD-Residential, PD-Commercial, Open Space, Airport Supporting Business, Airport Vicinity Industrial, Commercial Mixed Use, C-2, R-1-10, R-1-12 and R-3 on 2,432 acres located in the southeast corner of St. George south of the proposed replacement airport and north of the Utah/Arizona border. Desert Canyons Development, applicant. (5) A zone change from A-20 to R-1-10 on 30.63 acres located at 3300 South Little Valley Road. Phillips Homes, applicant. (6) An amended preliminary plat for Fieldstone Estates located south of Rasmussen Drive between 3000 East and 2780 East. Chuck West, applicant. MOTION: A motion was made by Council Member Orton to set the public hearings as recommended by the Planning Commission. SECOND: The motion was seconded by Council Member Gardner. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. FINAL PLAT: Todd Jacobsen explained that the Planning Commission recommended approval of the final plat for Mountain Cove Subdivision. The zoning is R-3. MOTION: A motion was made by Council Member Orton to approve the plat. 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 to construct a maintenance building in an Open Space zone located at approximately 840 East Brigham Road. Washington County School District, applicant. City Planner Ray Snyder explained that the maintenance building will be located in front of the warehouse. The Planning Commission recommends approval. MOTION: A motion was made by Council Member Bunker to approve the conditional use permit. SECOND: The motion was seconded by Council Member Gardner. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. EXTENSION OF ORDINANCE: Consider approval of a two month extension for Ordinance No. 2007-08-002 which provides temporary land use provisions for a density bonus system in the Little Valley Plan Area. City Manager Gary Esplin recommended the temporary zoning ordinance in the Little Valley area be extended until February 7, 2008 while staff is finishing up the density bonus program. MOTION: A motion was made by Council Member Gardner to approve the extension. SECOND: The motion was seconded by Council Member Bunker. Council Member Whatcott commented that eventually the density bonus program will be uniform throughout the City. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. St. George City Council Minutes December 6, 2007 Page Sixteen WATER EXCHANGE AGREEMENT: Consider approval of a water exchange agreement with St. George 730 (the Lakes project). City Manager Gary Esplin advised this is a recommendation from the Water Department to exchange 242.6 acres feet of water rights in the Lounsbury well and additional rights in the Mathis Park area for reuse water, in the amount of $391,431.20. Water Services Director Barry Barnum explained that the City will be buying about 800 acre feet of irrigation water and 240 acre feet of water in the Lounsbury well which has the potential of being transferred to the Snow Canyon wells. Even with the reuse water, there is the potential for a five year payback on the purchase, and the irrigation water is about a break-even. Overall, it is a good deal for the City. MOTION: A motion was made by Council Member Gardner to approve the agreement. SECOND: The motion was seconded by Council Member Whatcott. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. DEVELOPMENT AGREEMENT: Consider approval of a development agreement between the City and Beehive Homes. City Manager Gary Esplin explained that approval of the agreement will allow Beehive Homes to use City property for a detention basin and privacy walls. MOTION: A motion was made by Council Member Allen 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. AGREEMENT: Consider approval of a reliability delegation agreement with UAMPS. City Manager Gary Esplin explained that an agreement is needed to conform with the Energy Policy Act of 2005. MOTION: A motion was made by Council Member Whatcott to approve the agreement. SECOND: The motion was seconded by Council Member Orton. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. AGREEMENT: Consider approval of a real estate purchase agreement with the Harmon Johnson Family Trust. City Manager Gary Esplin explained the agreement is to purchase 10.03 acres of land at the replacement airport site for $727,175. MOTION: A motion was made by Council Member Whatcott to approve the agreement. SECOND: The motion was seconded by Council Member Orton. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. AGREEMENT: Consider approval of a real estate purchase agreement with Chris Roberts, Frank Allen, Nora and Raymond Brown, Gayle Winterrose and Chad and Holly Chiniquy. City Manager Gary Esplin explained the agreement is to purchase 40.12 acres of land at the replacement airport site for $2,908,700. MOTION: A motion was made by Council Member Gardner to approve the agreement. SECOND: The motion was seconded by Council Member Allen. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. AGREEMENT: Consider approval of a development agreement for the Lakes project. City Manager Gary Esplin explained that this agreement was discussed in concept at the last work meeting. The property is zoned R-1-10 and is already master planned and has some St. George City Council Minutes December 6, 2007 Page Seventeen entitlement rights as far as R-1-10 zoning. The Lakes agreesthat they will donate to the City the property for the community park and neighborhood park and build the neighborhood park. They are going beyond what the City considers the intent of the density bonus program in fulfilling their needs, so they are not included in the density bonus overlay zone. They are asking for additional density within the project, but overall it fits in the R-1-10 zone. They have open space areas and staff feels good about the project. The only concern needing clarification is the triggers for when the roads and parks will be built. Deputy City Attorney Joseph Farnsworth advised that as far as timing of the parks, he spoke with the developers and had numerous meetings about the mechanism for reimbursement of impact fees and the timing for building the parks. It is stated in the agreement that these issues will be addressed in a separate agreement. City Attorney Shawn Guzman advised that details on the impact fees can be worked out at a later date, but when construction of the parks will take place cannot be left wide open. A minimum in the agreement will be needed such as how many residents it will take in order for the neighborhood park to be built. A representative of the Lakes commented that this was fine. Mr. Farnsworth commented that road construction trigger points are addressed in the traffic impact study and incorporated into the agreement. A provision in the development agreement states that the traffic impact study can be amended as needed. City Manager Gary Esplin commented that the applicants are paying only a portion of some of the off-site traffic signals, so when they go in is a question. The City may want to require their portion of these funds up front. When secondary access roads are needed is addressed in the traffic study. Matt Ence, representing the applicant, advised that the timing of the offsite roadway improvements will be left to the control of the Public Works Department to tell them when they are needed, and when they would make their contribution if some of the improvements needed to go in prior to the first plat. They would like the park timing issue part of a separate agreement as no one has come up with a good idea and both sides said they would work with each other. He stated he was not opposed to putting something in the agreement, however, one thing that may mitigate the need for parks to be built is that the applicant is dedicating a lot of open space that is already useable for recreation purposes such as 80 acres of open space and trails that does not need to be improved to be used. With regard to the impact fee credits, the City has already established things the impact fees will be used for. The developers are saying that if they build something in the capital facilities plan, they want to be credited or reimbursed for that. The Hidden Valley project had a separate agreement for impact fees, and the applicant would like to do the same. They are agreeable to the same principles except for one feature - they are not asking for a density credit. They are only asking for what it is already zoned and in return are saying they are putting in neighborhood park improvements and getting an impact fee credit. They are saying they will dedicate neighborhood parks, dedicate a community park, but they want credit or reimbursement for basic neighborhood park improvements, in addition to getting credit for community park improvements and other improvements. City Attorney Shawn Guzman clarified that the applicants are also dedicating a master planned trail. Matt Ence stated that if master planned trails are included in the capital facilities plan, the applicants would like reimbursement if they build them. City Attorney Shawn Guzman inquired if the applicants were willing to landscape the trail without getting credit and dedicating that property within the parcel. Mr. Ence replied yes. City Manager Gary Esplin commented that his understanding of the idea is if the applicants wants to improve the community park, which is the City?s responsibility, the City would give them the impact fees. However, giving impact fee credits for a neighborhood park is a different issue. He stated he did not know if the City should take the risk if the parties cannot come to terms. St. George City Council Minutes December 6, 2007 Page Eighteen Matt Ence stated he felt comfortable with the draft with the deletion of one sentence. He stated they were planning on coming back to discuss how the impact fees will be reimbursed or credited. He stated he did not think it was necessary to have that information in the agreement. City Attorney Shawn Guzman advised that they have worked well together and trust each other. His job, however, is to make sure everything is buttoned down and this is a big item. He stated he felt it had to be in the body of the agreement, and he would not be comfortable approving it without having it spelled out. An unidentified man commented they always intended to build the parks. If it is the City?s desire to build neighborhood parks without credits, they will do that and keep it in the agreement. More...

...s remaining to be solved such as how to treat streets and frontages, small parks within the TND and who maintains them, open space, and neighborhood centers. Jeff Winston commented that a TND is the way it used to be done many years ago. He then presented a power point presentation on evolving street networks, functional classifications, thoroughfare design, traditional urban context, boulevards and multi- St. George City Council Minutes December 14, 2006 Page Two way boulevards. He then distributed a handout entitled Specific Principles of New Traditional Community Design. Mr. Nicholson commented that as he has talked with developers, roads are a hot button issue along with how to treat arterials. One of the expectations in a TND is to have pocket parks, but the City does not want to maintain half acre pocket parks. There is an expectation that a HOA will maintain these small areas, but this works against affordability. This raises the conflict that a TND does not translate directly to affordability. Council Member Allen inquired how a multi-way boulevard would affect development costs. Mr. Winston replied that it is more expensive, but the ability to recapture the costs is greater if people can shop and get to the stores than if they were on an uninhabited street. It is less desirable to live on a major roadway. Council Member Whatcott commented that he did not see how building a frontage road eliminated a road in a development as the land use would be the same. He stated he did not know many families who wanted to live on a collector road. He inquired if the City would have to require the developer to build all four roads, or only the access road and interior roads. Mr. Nicholson replied that it is the developer?s responsibility to carry the traffic generated by his development, and he may be required to do all of that. However, it would be very difficult to require a developer to put in six lanes of traffic for a one acre project. The requirements are geared to the project?s traffic generation. There are other options, such as the green court concept, and neighborhood parks. The vision of the TND is to have scattered open space and neighborhood parks. The ordinance requires 20% of the area to be in open space - that can be in parks, or a plaza square or in private lots areas, but not within the public right-of-way. Pocket parks count toward that 20%. Jim Raines commented that a TND will require more open space than a PD if the right-of-way is not counted. Mr. Nicholson commented that this is a policy issue to be decided by the City Council. When the ordinance was adopted Joe Alfandre did not think the 20% open space requirement was all that burdensome. The City has said that the 20% open space must be located outside of the lot area and public right-of-way. Jim Raines commented that the actual look and feel in a TND is of green tree-lined streets, and if the open space in the right-of-way cannot be counted, the City will have pushed the TND beyond any realm of affordability, and developers will go with a PD instead which does not require as much open space. Jeff Winston replied that he would check Mr. Raines? assumptions. Mr. Nicholson commented that the TND ordinance mandates that 5% be devoted to a neighborhood center. St. George City Council Minutes December 14, 2006 Page Three Mayor Pro Tem Orton commented that the first TNDs will be large and he did not think open space would be a problem. Community Development Director Bob Nicholson commented that typically the developer lays out the streets in a TND. The general plan is just a concept. City Manager Gary Esplin explained that a typical TND needs to be done on more than 40 acres and involves apartments, townhomes, condos, small lots, large lots, even acre lots for large animals; a TND creates a whole community in one area and is a mix of uses within the plan. Jeff Winston advised that TNDs prevent ghettoizing of certain home types with the ability to have small apartments in neighborhoods without creating a whole neighborhood of apartment buildings. A discussion needs to be held with regard to putting small apartments over garages. Council Member Gardner commented that City staff should focus on issues causing frustration for the developers. The City must be responsive. He suggested that staff identify issues preventing people from moving forward and provide direction. Mr. Nicholson replied that Mr. Raines does not have a TND plan on the table. Mr. Winston explained that they started out looking at one property, then realized there were equestrian properties to be considered, so they expanded the scope of the TND area. City Manager Gary Esplin explained that first the City must work through the planning process of the general plan, then clarify open space and road requirements. A commercial component cannot be built until there are rooftops and the City must look at the area in the long term. He commented it was critical that density not become the issue, but how the issue is presented and put together. Council Member Allen commented she did not recall seeing large developments, such as the one by Sun River, with any multi-family dwellings. City Manager Gary Esplin replied that if considering a TND, the City Council will establish minimum requirements such as a mix of housing. Jeff Winston commented that the City needed design guidelines such as used in Stapleton. City Manager Gary Esplin commented that a developer may want to wait until the general plan amendment is considered, but the TND has been created and they can move forward without the general plan amendment as long as the project is in a residential area. The general plan amendment will be scheduled in January for hearing. Staff commented that the general plan amendment area in Little Valley encompasses 3,300 acres. St. George City Council Minutes December 14, 2006 Page Four Jeff Winston explained that the general plan amendment protects and respects the equestrian uses currently in the area. He then reviewed the proposed master plan changes. Community Development Bob Nicholson reminded that zone changes are discretionary and in order to approve a zone change the City Council must find that it improves the area. Council Member Bunker commented that incentives were needed to entice more developers to want to do a TND project. City Manager Gary Esplin explained that the idea of a TND includes a trade-off - design for density. The design will leave more open space and does not cost the developer any more. There must be standards in place. Jeff Winston commented that under a TND, density does not matter. What does matter is the form and character of the project. Council Member Gardner commented that with regard to trails, he did not think the purpose of trails had been accomplished as they have to be useable and connecting in order to make the trail system work. The City has been requiring equestrian trails throughout the Little Valley area and has approved projects zoned for horses, yet the CC&Rs of these new developments prohibit horses. Jim Raines suggested that Table 9 in the handout needed to be changed with regard to required densities. He suggested that any required density be removed. Community Development Director Bob Nicholson replied that not every developer will apply for a TND and the densities would then apply to them. Carol Sapp inquired how the City can foresee housing needs of the future. Jeff Winston replied that a good mix of housing can accommodate a variety of land uses and if housing patterns are laid out with a 100 foot depth, over time as the market changes it can respond. Rick Rosenberg inquired if a traffic impact study had been done to see how TNDs would impact the area. City Manager Gary Esplin replied that the Engineering Department proposes to hire an engineering company to look at what TNDs could to do to the area. Rick Rosenberg commented that it was important that this be done at the front end. Council Member Bunker inquired about feathering between zones. Jeff Winston replied that in general a TND says that uses should be the same on both sides of a street. St. George City Council Minutes December 14, 2006 Page Five DISCUSSION ON THE LANDSCAPE ORDINANCE AND REFORESTING PROGRAM FOR THE CITY: City Forester Doug Wulfenstein introduced Shade Tree Board Members. Parks and Facilities Manager Larry Shane presented a power point presentati...

... stated that the project was a combination of the Shade Tree Board and the Parks Planning Division. Mr. Perkins said that Bronson Tatton is a Landscape Intern who has done an excellent job over the summer. Mr. Perkins said that Bronson would be going over the presentation for the Council and then there would be time for questions. Bronson Tatton, Landscape Intern, explained that Larry Shane, Parks and Facilities Manager had made a presentation to the Council in December of 2006. He said that the presentation he would be making would elaborate on questions resulting from Mr. Shane?s presentation. He stated that one of the questions the Council had at the December meeting was what kind of look they wanted for the downtown area. Mr. Tatton said that the presentation would address the look of the area and also give information on costs involved. He said that the goals of the plan were to preserve and restore the historic character of St. George; provide more shade for downtown and reduce heat islands; and, preserve and contribute to the vitality of downtown and the central business district. Mr. Tatton went through the presentation and discussed the current historic district and the proposed historic district. He explained the different guidelines that were being proposed for the residential areas and the urban areas with respect to trees, site furnishings and site amenities. He showed a slide of a block bounded by 100 West, Diagonal, and 200 North as it currently looks and then showed a slide of how it would possibly look with the application of the guidelines. Mr. Tatton showed a slide of Tabernacle from 300 West to 400 East and then he showed a slide of the changes that would be made if the recommendations made in the proposal were approved. Mr. Tatton described different types of obstacles that would have to be considered such as parkways filled in with asphalt, sidewalk and parkway which are flip-flopped, parkway too narrow for trees and large trees where sidewalks would be. He showed a Parkway Survey Map slide of the beautification area that identified areas that were complete, in transition and needed improvement. He explained that the proposal and associated costs were broken into three phases. Mr. Tatton reviewed the construction cost analysis for each of the phases. He said that Parks staff management has expressed an interest in having the City landscape maintenance crews care for the historic downtown landscape while the other areas would be maintained contractually. He stated that several possible funding sources had been identified. Mr. Tatton stated that several members of the Shade Tree Board were at the meeting and he wanted to give them an opportunity to share their thoughts about the project. Doug Wulfenstein, a member of the Shade Tree Board, stated that the board has spent a lot of time looking at the area and felt that it should be maintained by the City in order to have a cohesive and uniform look. He said that the board also discussed what type of ground cover would be most appropriate and they agreed that turf would be the best type St. George City Council Minutes August 9, 2007 Page Eight of cover. Mr. Wulfenstein stated that turf was very inviting and it would work best for the downtown area. Mayor McArthur asked what is the minimum width of the right of way. Mr. Wulfenstein said that it varies around town but the minimum is 6 feet. Council Member Gardner said that the focus on water conservation has resulted in some owners taking out the grass and putting in rock. Mr. Wulfenstein stated that they were looking at the historical district and trying to keep the heart of the City alive. He said that water conservation could be done with state of the art time clocks and irrigation equipment and that it was worth it to preserve the historical feel. Mayor McArthur asked what types of trees were being recommended for the area. There was a general discussion about types of trees, planting areas, and how the size of the trees could impact business owners and the effect wanted for shade. Kent Perkins, Leisure Services Director, said that some of the costs associated with the trees could be controlled by using trees that are already being grown at the tree farm. He stated that there were three ways that costs could be pared back. He stated that one way would be to get into the details and see what can be done, a second way would be to shrink the size of the overall district and the third would be to multi-phase it over several years. Council Member Gardner said that he liked the effect of the beautification proposal. He stated that there would have to be a careful balance with the trees and the impact they would have on the business owners. He also stated that the proposed medians on Main Street and Tabernacle would have to be looked at. He said that parking is already a priority in those areas and if the medians took away parking it would have a negative effect on that area. Doug Wulfenstein stated that he cut a tree down a couple of years ago at 100 South and Main. He stated that the tree was 80 years old. He said that the decisions that the Council makes on the beautification proposal will be something that can turn around the downtown area for the next 50, 60 or 80 years. An unidentified member of the audience stated that where she came from they had walking streets. She said that those were areas where no parking was allowed. She said that there were multi-level parking garages just outside of the area where people could park and then walk to the shops. Mayor McArthur stated that Boulder, Colorado is like that. Mayor McArthur stated that he liked the historic look that was presented and that they were headed in the right direction. St. George City Council Minutes August 9, 2007 Page Nine City Manager Gary Esplin said that if the Council thinks it is worth pursuing, staff would come back with a formal recommendation. He stated that the Water Walk, Town Square and the changes made on St. George Boulevard were a start to the process. He said if they could refine the guidelines and get them into a document, it would be beneficial when someone wants to build in the area they would be responsible for that section. He suggested that they pick a couple of the streets in the downtown area and start with them. He said that Tabernacle is critical and would be an example for what they are trying to do in the entire area. He said that they would be pick three streets in the area and come back to the Council with a formal recommendation with actual costs. He said that they need to get the guidelines in place so they can give those to people when they come in. Mr. Esplin said that with all that?s going on they could get some of the private people who share the vision to help when they come in for the approval process. Mayor McArthur suggested that they look at matching funds they way they had on the back streets and Main Street programs. He stated that was very successful. Council Member Gardner said that he agreed and that if they had a plan they could invite property owners to expedite and initiate the standards. He said that if they would do that then the City would help them. There was a general discussion about the City maintaining the areas in order to have uniformity. City Manager Gary Esplin said that they would have to look at the ongoing costs associated with maintenance. Council Member Bunker said that she thinks the west side of Main is another critical area. She said that she was impressed with the presentation and that she appreciated their getting the old photographs and trying to replicate the look. Doug Wulfenstein said that he would like to make a proposal that they look at Tabernacle and 100 West from the triangle block down to the gazebo at the Woodward. He stated that would be 2 streets that they could put numbers to and come back to the Council. City Manager Gary Esplin said they would come back with a formal recommendation for Priority 1 and Priority 2. Members of the Council thanked Bronson Tatton for the work he put into the presentation. DISCUSSION ON BLOOMINGTON PARK AREA: City Manager Gary Esplin said that the Bloomington Community Council wanted to discuss the Bloomington Park. Gail Maxwell, a member of the Bloomington Community Council, stated that in 1999 there was a plan to redevelop the park, but he said the flood came and redeveloped it for them. He said that they had community hearings on the plan for the park. He said they had some trails, sand volleyball courts and a delightful plan. Mr. Maxwell said that after the flood, the design came in without any public hearings and they ended up with ball fields. St. George City Council Minutes August 9, 2007 Page Ten He said that when you look at Bloomington Park you don?t see families anymore, you see a lot of people going to ball games. He said they wanted to change that. He explained that about a year and one-half ago James Dotson, Landscape Architect, drew a plan for them but then he retired. He said that Mark Goble from the City?s Parks Planning division came out with an intern. Mr. Maxwell said they came out with a plan and there were quite a few people there. He stated that they made some recommendations to the plan of what they would like to see and what they didn?t like. He stated that they redrew the plan and that it was neat looking. He said that they invited Mark out for their next meeting so they could continue and Mark informed them that they had been put on the back burner. He said that a few months later they found out that they had been taken off the back burner and put on the floor. Mr. Maxwell stated that they want to get back on the burner. He said that the Bloomington Community Council has funds that they want to use to make the community a better place to live. He stated that they have corporations that are willing to work with them. He said that he thinks they could get much of the work donated. He said that they have funds within their Community Council that they would like to share. He discussed several projects that had been done with the City and said they wanted to sit down with the City and come up with a plan to accomplish some of things they want to do in Bloomington. He said that they need the City?s help. Mr. Maxwell said that the plan that Mark drew up was an excellent one. Mayor McArthur asked if the plan fits the present configuration of the river. Mr. Maxwell stated that it did. He explained it included taking the tamarisk trees out between the ball park and the equestrian center, shaded picnic areas with trails going through the area, provide water and update the equestrian center. He stated that there were about 20 families that would like to use the equestrian center. He said that the roping guys would like to help fix it up and use it. He explained that they can?t go out and get people enthused unless they have a commitment from the City to assist them. He said that he?s talked to 2 or 3 others and that 80% of development of the picnic areas could be accomplished if the dirt that is currently there could be moved. He said that they could use some of the dirt to make mounds but the rest would need to be removed. Mayor McArthur asked if they knew how much it would cost to get the park done. Mr. Maxwell said that they hadn?t gotten that far. He said the last meeting they had with Mark was almost one year ago. Mayor McArthur asked how much money they have for the improvements. Mr. Maxwell said that they have $60,000 to $70,000. He said they also would have donated items that would help. Mayor McArthur said that he liked having items donated because it makes it more a community park. He said it would be a good project for groups. Council Member Gardner asked why the City wouldn?t want to help with the improvements to the park. St. George City Council Minutes August 9, 2007 Page Eleven City Manager Gary Esplin explained that it had to do with prioritization. He said that the Council would need to authorize additional funds than what are available in the Park Impact Fund. He said there are parts of the community that don?t have any parks that are planning on being built. He said that they don?t disagree with the plan but that it is a matter of how the money is budgeted. Mr. Esplin said that the dirt that is currently located in the park will be contoured as an additional barrier for future floods. He explained that the cost for grass, playgrounds, restrooms, and those types of things is approximately $125,000 to $150,000 per acre. He stated that if you have 2 or 3 acres then the cost could be as high as $300,000 and that wouldn?t include other things that people like to put into a park. Mr. Esplin asked how many park projects there were. Mark Gobel said that there were 20 to 30 that they are currently working on. Mr. Esplin said that to get the Bloomington Park to the top of the priority list, they would have to rearrange the funding they have. Mayor McArthur asked if they could take the plan and look at sections of it to see what the cost would be. Mr. Maxwell stated that was what they would like to do. He said they would need the City?s help with some things like water but they would use the funds they have to purchase items. He said they would go out and get a commitment on the labor. He said that they would need to know how much the City was able to come up with so they would know how much they would need. Mr. Maxwell said that they aren?t asking the City to do it all. They are asking the City to assist them in getting some of the improvements made. Mayor McArthur stated that the plan should be resurrected so they can see what the costs are. Council Member Whatcott said that they saw the plan right before the 2005 flood. Council Member Bunker asked how many other parks that are on the plan have the momentum of the neighbors behind it like the Bloomington Community Council. She said that if the neighbors are willing to help with the improvements it would be better to go ahead in sections even if it takes longer in the long run. She said that she thinks it would benefit everyone. City Manager Gary Esplin said that they appreciate what the neighbors are willing to do. He stated that they have gone through the budget process for the parks and there are a lot of places that don?t have anything. He explained that the budget was done based on the impact fees and that the revenues that were projected are down. He said that if they can maximize the funding with donations and meet City standards for construction they should move the project up on the priority list as high as possible. He said that they would probably have to find funding from another source because there are other projects that don?t have any parks. St. George City Council Minutes August 9, 2007 Page Twelv...

... to be taken to the west side to water the golf course, cemetery and other parks in the area. This line can also be used to transport reuse water when the system is completed. St. George City Council Minutes July 10, 2003 Page Two AWARD OF BID: Consider award of bid for the 2003 chip seal oil supply project. Purchasing Agent Sue Swensen presented two bids received: Western Emulsions $151,988.36 Paramount Petroleum $136,928.30 She recommended award of the bid to the low bidder, Paramount Petroleum, in the amount of $136,928.30. A motion was made by Council Member Whatcott and seconded by Council Member Isom to award the bid to the low bidder, Paramount Petroleum, in the amount of $136,928.30. Mayor McArthur called for a vote, and all voted aye. The motion carried. AWARD OF BID: Consider award of bid for the 2003 chip seal aggregate supply project. Purchasing Agent Sue Swensen presented two bids received: Sunroc $34,500 Interstate Rock $29,000 She recommended award of the bid to the low bidder, Interstate Rock, in the amount of $29,000. A motion was made by Council Member Orton and seconded by Council Member Allen to award the bid to the low bidder, Interstate Rock, in the amount of $29,000. Mayor McArthur called for a vote, and all voted aye. The motion carried. AWARD OF BID: Consider award of bid for the Red Rock power plant HVAC project. Purchasing Agent Sue Swensen presented two bids received: Arnell West $355,483 S&S Mechanical $289,481 She advised that the S&S Mechanical bid was incomplete and has been withdrawn. She recommended award of the bid to Arnell West in the amount of $355,483. Energy Services Director Phil Solomon explained that the facility was built in 1985 and the HVAC system is inadequate, falling apart, and costing a lot to maintain. Additionally, because the generating compartment is not separate from the office, diesel fumes have been circulating throughout the building. This expense is included in this year?s budget which was approved, and is basically a replacement of what is currently there. Jim Douglas advised that the engineer?s estimate was $300,000. A motion was made by Council Member Gardner and seconded by Council Member Isom to award the bid to Arnell West in the amount of $355,483. Council Member Whatcott inquired if he understood correctly that S&S Mechanical was going to combine with Arnell West to do this project. He was informed this was correct. Mayor McArthur called for a vote, and all voted aye. The motion carried. CHANGE ORDER: Consider approval of a change order for the Gunlock waterline project. Purchasing Agent Sue Swensen recommended approval of a change order with PCI in the amount of $71,080. A motion was made by Council Member Isom and seconded by Council Member Whatcott to approve the change order as recommended. Mayor McArthur called for a vote, and all voted aye. The motion carried. APPROVE EMERGENCY PURCHASE: Consider approval of an emergency purchase of fencing for the Northern Corridor project. St. George City Council Minutes July 10, 2003 Page Three Purchasing Agent Sue Swensen advised the vendor is Kirkland Fencing in the amount of $85,923. City Manager Gary Esplin explained that emergency authorization was given for this expenditure because work cannot commence until this fencing is in place, and it is important that the project be kept on schedule. A motion was made by Council Member Allen and seconded by Council Member Orton to approve the emergency purchase with Kirkland Fence in the amount of $85,923. Mayor McArthur called for a vote, and all voted aye. The motion carried. City Manager Gary Esplin explained that only the area within the existing right-of-way will be disturbed during the project. AWARD OF BID: Consider award of bid for the Virgin River Multi-Use Trail, Phase III. Purchasing Agent Sue Swensen presented four bids received: Action Construction, Inc. $364,754.35 Interstate Rock Products $550,146.93 H. E. Davis Construction $569,042.55 L&M Construction Inc. $585,607.41 She recommended award of the bid to the low bidder, Action Construction, in the amount of $364,754.35 contingent upon verification of a State license. Parks Superintendent Lynne Scott Advised that Action Construction has done extensive work in Coral Canyons for Sun Corp. A motion was made by Council Member Orton and seconded by Council Member Whatcott to award the bid to Action Construction in the amount of $364,754.35 contingent upon verification of a State license. Mayor McArthur called for a vote, and all voted aye. The motion carried. City Manager Gary Esplin explained Phase III of this trail is for the area from the Virgin River bridge east along the river to the Washington City limits. ORDINANCE: Consider approval of an ordinance establishing a new Administrative Code Enforcement Program. Community Development Director Bob Nicholson briefly reviewed the proposed language of the ordinance, advising that the City?s current process is slow and cumbersome while the new system is more efficient. The proposed fee schedule was reviewed. City Manager Gary Esplin commented that the City Council may want to table the matter in order to more thoroughly review the ordinance. City Attorney Shawn Guzman advised that since an official ordinance had not been prepared for the Mayor?s signature, the matter would have to be tabled. A motion to table the matter until the next City Council agenda was made by Council Member Gardner and seconded by Council Member Allen. Mayor McArthur called for a vote, and all voted aye. The motion carried. RESOLUTION: Consider approval of a resolution adopting the 1997 building permit fee schedule. Chief Building Inspector Dick Simkins advised that the City?s current fee schedule has not been changed since 1985 and the department is hurting for personnel. One inspector was sent out yesterday with 40 inspections to do. The City of St. George is doing almost 100% more inspections than any city in Utah. The City had four inspectors in 1985, and today still has only four inspectors. City Manager Gary Esplin advised that the 1997 fee schedule is the most up-to-date fee schedule and the one most communities use, but the City Council can charge what it wants as long as it can be justified. Council Member Orton inquired of Mr. Simkins if the 1997 fee schedule will cover the costs needed. St. George City Council Minutes July 10, 2003 Page Four Mr. Simkins replied that hopefully the 1997 fee schedule will bring the City up to where it needs to be, but will not put it ahead. Council Member Orton inquired how many new building inspectors were needed. Mr. Simkins replied that he would be happy with one, but he could easily use two as the City is growing so fast. Council Member Whatcott inquired why the City has waited so long to update its fees. Community Development Director Bob Nicholson explained that the matter has been on agendas in previous years, but the City Council preferred not to change the fees. Council Member Allen commented that St. George?s building permit fees are the lowest in the State. Mayor McArthur commented that the City needs to cover its costs, and at this point in time it is not covering its costs to provide the service expected by the public. Council Member Gardner commented that it is hard to identify costs and the fee schedule was misleading. Many special private inspections are required by the City, such as geo tech, cement footings, core drills, welding, and stucco, and he did not understand where that money goes. Mr. Simkins replied that the Utah Code requires special inspections for welding, for instance, and the City does not have a qualified welding inspector, and until such time that it does, it must sub out these inspections. Council Member Gardner inquired why a regular building inspector was needed in addition to special inspectors. Mr. Simkins replied that City inspectors supervise the special inspectors to make sure their inspections and records are accurate. Council Member Gardner commented that this seemed like a duplication of effort, and the figures as far as dollar flow through the Building Department for the inspection process were misleading. A motion was made by Council Member Orton to adopt the 1997 building permit fee schedule by ordinance. Council Member Whatcott seconded by the motion with the request that the City make sure it stays on top of the curve instead of behind it with regard to fees. Mayor McArthur called for a roll call vote, as follows: Council Member Orton - aye Council Member Whatcott - aye Council Member Isom - aye Council Member Allen - aye Council Member Gardner - aye The vote was unanimous and the motion carried. FEE WAIVER: Consider a request for a fee waiver for use of Worthen Park. St. George East Stake, Church of Jesus Christ of Latter-Day Saints, applicant. Sam McArthur explained that the St. George East Stake has held a July 24th breakfast in the park for several years and in the past has paid the $50 fee to use the park. Fees were raised and are now $150 for use of the park, and a waiver is requested. No part of the park is being reserved, and tables and chairs and clean-up will be provided. There will be no charge for breakfast. A motion was made by Council Member Isom and seconded by Council Member Gardner to approve the request. 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 C-2 Commercial to PD Commercial on 1.49 acres for storage units to be located east of River Road between Settlers RV Park and the East Black Ridge. Verden Hannig, applicant. Community Development Director Bob Nicholson explained that there would be no additional disturbance of the hillside, and the development will actually cover up some St. George City Council Minutes July 10, 2003 Page Five of the existing cut. Access will be through a private street owned by Settlers RV. There is a possibility that when 100 South is extended perhaps it could be tied in. The Planning Commission recommended approval. Mayor McArthur opened the public hearing. There being no public comment, he closed the public hearing. A motion was made by Council Member Isom and seconded by Council Member Gardner to approve the zone change by ordinance. Mayor McArthur called for a roll call vote, as follows: Council Member Isom - aye Council Member Gardner - aye Council Member Orton - aye Council Member Allen - aye Council Member Whatcott - aye The vote was unanimous and the motion carried. PUBLIC HEARING/ZONE CHANGE/ORDINANCE: Public hearing to consider approval of a zone change from R-1-10 to PD Residential on 59.66 acres located at about 800 South Dixie Drive. River Run Partners, applicant. Community Development Director Bob Nicholson explained there will be total of 223 dwelling units. This request has been before the City Council twice during the past eight years, but it expired both times because of no activity. The site contains 3.8 acres located in the Santa Clara floodway. Overall density is 3.9 units per acre. The General Plan shows the area as low density residential, up to four dwelling units per acre. The applicant proposes to donate 19.7 acres to the City for a future park along Dixie Drive. There will be 13 single family lots, 68 single level patio homes, 62 two-story townhome units and two condos with a total of 80 units. The applicant is proposing to realign Canyon View Drive. There will be separate homeowner associations for the townhomes, condos and patio homes. Council Member Whatcott commented his calculations indicate the project will be closer to 20 units per acre, not four units per acre. Rick Rosenberg explained there will be 80 condos on 8.3 acres, and 62 townhomes on eight acres. The PD comes in at 4.8 units per acre, and single family is 1.76 units per acre. Mayor McArthur opened the public hearing. Robert Horrocks commented that changing the area from single family residential to high density makes it less desirable, and he would like to see more than just stucco on the proposed units. Mayor McArthur commented there would be a solid block wall built between the applicant and adjacent property owners. There being no further public comment, Mayor McArthur closed the public hearing. Council Member Whatcott advised that according to his calculations, the density still did not add up. Rick Rosenberg explained that the developed area does not include the entire site parcel, just that with finished improvements. Community Development Director Bob Nicholson explained that the net density is seven units per acre. The gross site is 59 acres, minus the floodway of 5 acres and subtracting out the 20 acres being donated to the City leaves 34 acres of developable net land left. There will be 223 total units for a density of seven units per acre. Council Member Gardner commented that the City Council typically does not get involved in building materials per se, as this is the builder?s choice. Council Member Whatcott commented that in a PD plan the building materials can be specified and the builder held to those specifications. City Manager Gary Esplin commented that as a resident of the area for 18 years, one of the main concerns residents have is the road. Residents of the area are tickled to see something happen which will allow the area to be more of a neighborhood. The trade off is in order to build the road there will have to be a higher density. St. George City Council Minutes July 10, 2003 Page Six A motion was made by Council Member Orton and seconded by Council Member Gardner to approve the zone change by ordinance. Mayor McArthur called for a roll call vote, as follows: Council Member Orton - aye Council Member Gardner - aye Council Member Isom - aye Council Member Whatcott - aye Council Member Allen - aye The vote was unanimous and the motion carried. DISCUSSION RE PROPOSED DEVELOPMENT OFF RIVER ROAD NORTH OF FAZOLIS: Associate Planner Mark Bradley explained that the developers of the new project off River Road and north of Fazoli?s have not been willing to make changes recommended by City staff with regard to circulation. While the applicant has met the requirements, staff is uneasy with circulation of the site. There will be a cross use access through the area by Fazoli?s. 1200 East Street is a public street, but is not being utilized in the way it could, especially with the demand at the intersection. City Manager Gary Esplin commented that as much access as possible was needed for better circulation, and this is a viable concern that the City Council should be looking at before more traffic is added to this area. Council Member Whatcott commented that no one will use the back area of the buildings for parking, and if this parking was provided just to meet parking requirements, it is a poor plan. Brett Hastings, applicant, advised that many designs were considered to create a development that will work, and a traffic study for access off River Road has been provided. The traffic study concluded there could be two accesses off River Road, one full access and one right-in, right-out. However, he has agreed that access off River road will be limited to one. There will also be access off 100 South through the Fazoli?s parking lot, and Fazoli?s will come to look like part of their development. This entrance will be widened and made a main entrance with monument signs. 1200 East Street has a constrained shape and because it is so far to the west, it cannot be used for customer access, only for truck , fire and employee access. There was a problem trying to create an access on the south side because so much square footage would be lost because of the shape of the lot, and this would make the project unviable from a financial standpoint. The main tenants also want to face River Road. Mayor McArthur commented that while he applauded what the applicant was doing, 1200 East is an intersection, and it would be easier to move the building a little north to provide access across the south side of the building. Better access is needed in and out of the project, and he was not sure the Fazoli?s entrance would do that. He suggested that perhaps signage at the 1200 East intersection could help identify it as an entrance to the project. Mr. Hastings replied that would be agreeable to erecting a monument sign if the bank or Don Jose?s would allow it. City Manager Gary Esplin suggested that landscaping of the divider could also dress up the actual entrance so that it did not look like a service entrance. People would rather drive around the building as long as it is open, and they will find their way to parking if they know it is part of the project. Mr. Hastings replied that he was willing to look at options and work with staff to dress up the intersection and work through signage issues. City Manager Gary Esplin suggested that one-way only access be provided behind the buildings for more circulation. Council Member Isom was excused from the meeting. FINAL PLAT: Associate Planner Mark Bradley explained that the Planning Commission, at its meeting held June 24, 2003, recommended approval of the final plat for Park Plaza Office Park Phase I. Reid Pope is the agent. A motion was made by Council Member Allen and seconded by Council Member Gardner to approve the final plat and authorize the Mayor to sign it. Mayor McArthur called for a vote, and all voted aye. The motion carried. St. George City Council Minutes July 10, 2003 Page Seven PRELIMINARY PLAT: Associate Planner Mark Bradley explained that the Planning Commission, at its meeting held June 24, 2003, recommended approval of the preliminary plat for The Knolls at Little Valley Phase 3 with 55 single family lots. Ed Burgess is the applicant. A motion was made by Council Member Gardner and seconded by Council Member Allen to approve the preliminary plat. Mayor McArthur called for a vote, and all voted aye. The motion carried. MINOR SUBDIVISION AND REDUCED LOT FRONTAGE WIDTH: Associate Planner Mark Bradley explained that the Planning Commission, at its meeting held June 24, 2003, recommended approval of a minor subdivision with four lots located at 605 East 400 South and reduction of the lot frontage width requirement from 70 feet to 66 feet under Section 3-5 of the Zoning Ordinance. Kevin Ence is the applicant. A motion was made by Council Member Whatcott and seconded by Council Member Orton to approve the minor subdivision and reduced lots frontage width 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 detached garage with a height up to 21 feet located at 1540 E. Boulder Springs Road. Jeff Worthington, applicant. Associate Planner Mark Bradley advised that the garage will match the pitch of the home, and the Planning Commission recommended approval subject to elimination of the exterior stairway and removal of the dormer, as two story accessory buildings are not allowed by the ordinance. Jeff Worthington, applicant, advised he agreed to remove the stairway and dormers. Access to the attic area for storage will be by a pull-down ladder. A motion was made by Council Member Gardner and seconded by Council Member Allen to approve the conditional use permit 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 a conditional use permit for a detached garage with a height up to 17 feet located at 1675 W. Chapel View Lane. Chris Keele, applicant. Associate Planner Mark Bradley explained that when the garage was built, it was planned for 15 feet in height. When the trusses arrived, it was discovered they were at a different pitch. The height is 17 feet from the elevation between the dwelling and the garage, but is 19 feet from the rear elevation and adjacent property. The Planning Commission recommended approval. A motion was made by Council Member Gardner and seconded by Council Member Orton to approve the conditional use permit. Mayor McArthur called for a vote, and all voted aye. The motion carried. LANDSCAPE MAINTENANCE REQUEST: Consider approval of a landscape right-of-way maintenance request. Quality Excavation - Mike Bracken, applicant. City Manager Gary Esplin explained that the City in the past has maintained landscaping along 80' rights-of-way. The area in question is located on the south side of 2450 South Street. Kevin Neuberger, representing the applicant, advised that the landscaping was put in according to City specifications and has been accepted by the Parks Department. The developer has signed a deed of dedication for the 5' strip on both sides of the entrance to the project. Parks Superintendent Lynne Scott advised that she has been working with them, the landscaping meets City specs, and is a xeriscape theme. City Manager Gary Esplin explained that criteria for accepting maintenance of landscaping along major arterials centers around the end product. In the past the City has denied such requests if there is no continuity. In this case there is a pretty good chance of a continuing landscaping theme from River Road to 3000 East, and staff St. George City Council Minutes July 10, 2003 Page Eight would recommend that this is a logical landscaping area to accept if the City Council is so inclined. Council Member Whatcott inquired if perhaps consideration of this request would be premature until the City knows what adjacent property owners will do. City Manager Gary Esplin replied that because of the single family zoning all the way along this street, it would be a judgment call as to what the City Council thinks will happen. Mr. Neuberger replied that the Parks Department?s requirements were pretty restrictive, and City maintenance will keep the landscaping consistent throughout the area. Mr. Neuberger advised that he was asked to bring up the matter of water meter and hook-up impact fees and their purpose if the landscaping reverts to the City in any event. Ed Burgess inquired if it would be possible to have one water meter and one power box for the landscaping along the entire length of the roadway. Council Member Whatcott inquired if the City was planning on creating a landscaping department to take on additional duties of caring for landscaping along major arterials. Council Member Gardner replied that the City decided to consider taking on maintenance of landscaping along major arterials because several developments did not have the right structure to permanently care for the landscaping. Mayor McArthur commented that 2450 South will become a major arterial. Council Member Orton inquired if the City had come up with some kind of cost or fee to help with maintenance of landscaping. City Manager Gary Esplin replied that the figures were very high, and if the City looked at it in this way it would not be maintaining any. He stated that perhaps the City was overly ambitious in looking at all 80' wide streets and maintenance of landscaping should be limited to major arterials. The City is taking on a long-term cost, and it must determine who pays the cost of maintenance - the developer, or the City out of the General Fund. The City may want to revisit the entire issue and determine a way to fund maintenance long term as there are a lot of 80' master planned roads. He suggested the matter be tabled until it is studied further. Mr. Neuberger advised that the plat is waiting to be recorded. Mr. Esplin inquired of Mr. Neuberger what he was planning to do if the request was denied. Mr. Neuberger replied that he did not consider the possibility as he was told the City would maintain the landscaping. City Manager Gary Esplin advised that the applicant should have been told the City Council would entertain the request, but several requests have been turned down in the past. The alternative is for the applicant to maintain it himself, or create a homeowners association to do so. City Attorney Shawn Guzman advised that in this case the applicant could present his request at a later date after the City has developed some standards. In the meantime he would maintain the landscaping strip just as if his request had been denied, as he would have to do so anyway. Mr. Ringwood, representing Salisbury Homes, advised that he received final plat approval on January 22 and has since built three models. He wondered when the final plat was going to be recorded, and state that he could not get a loan on the models until then. He advised he has worked with the City throughout the process of landscaping, and put in an expensive watering system because he was led to believe the City would take over maintenance of the landscaping. He stated he hoped he would not have to have a homeowners association by complying with the City?s xeriscaping standards. A motion to table the request was made by Council Member Allen and seconded by Council Member Whatcott. City Manager Gary Esplin commented that if the applicant was willing to take on maintenance responsibilities until the issue was resolved, the City could allow the plat to be recorded. St. George City Council Minutes July 10, 2003 Page Nine City Attorney Shawn Guzman suggested that a bond or money be set aside to assure maintenance of the landscaping is done until the City makes a decision. Mayor McArthur commented the City Council already determined that it would maintain landscaping along 80' rights-of-way. It can always change its mind, but when an applicant has already gone to great expense, it would behoove the City Council to say it made a mistake. Council Member Whatcott disagreed with Mayor McArthur. Parks Superintendent Lynne Scott clarified that staff gave no indication to the applicant that the City would take over maintenance of the landscaping. The application indicates specifically that City Council approval is needed. City Manager Gary Esplin commented that the pending ordinance doctrine could be invoked at this time, but the question needed to be answered about maintenance of landscaping along all 80' rights-of-way within the City. He stated that perhaps the City could approve this request and any others along 2450 South to the road to the replacement airport site, but not allow any other applications until the matter is resolved. The City must find a way to fund maintenance of this landscaping. He stated he felt bad if there was a miscommunication with the applicant, and that the City did not want to hold him up. He suggested the City go on record that it will not consider applications for maintenance of any other landscaping until the entire issue is resolved. Mayor McArthur commented that the type of landscaping installed is not hard to maintain. City Manager Gary Esplin replied that the City would be maintaining sprinklers and replacing plants for the long term. Council Member Allen inquired how the City Council could grant one request and deny another. Parks Superintendent Lynne Scott advised that at present there are no other applications for maintenance of landscaping along 80' rights-of-way. City Attorney Shawn Guzman suggested that a separate contract be entered into with the applicant stating he will maintain the landscaping while the City works toward a resolution of the matter. Mr. Ringwood stated that he has already signed a deed of dedication to the City and the City has had it for one week. He was under the impression that approval by the City Council was just a formality, and his plat is being held up because of it. He inquired why this was not made a part of the final plat approval process, and advised that his landscaping will require minimal maintenance. Council Member Whatcott commented this matter should be addressed in the preliminary plat stage. Associate Planner Mark Bradley commented that representatives of the applicant have known for quite some time that approval was needed by the City Council in order to maintain the landscaping, but the applicant?s representative kept delaying the matter. In fact, this same request was heard by the Planning Commission a long time ago. The applicant has put a lot of pressure on City staff to have the plat recorded, and the Deputy City Attorney drew up the deed of dedication as a courtesy in order to expedite the process in case the request was approved. Council Member Whatcott inquired how long it would take to add a homeowners association to the final plat. City Attorney Shawn Guzman replied that it was not difficult to do and should not be a problem to do within an hour. Council Member Whatcott that there was a motion pending to table the matter, and perhaps it would be easier and faster to create a homeowners association than draft a contact. Mr. Ringwood advised that he has a number of people on a reservation list under the assumption there would be no homeowners association. He stated he preferred to have an agreement to maintain the landscaping until a decision is made, and he would be happy to bond for it, if necessary. Council Member Allen withdrew her motion to table the matter. St. George City Council Minutes July 10, 2003 Page Ten City Manager Gary Esplin advised that some sort of action would be necessary to authorize the City to accept an agreement with the applicant for bonding. If the applicant is willing to agree to the conditions and maintain the landscaping pending a decision, then he can record the plat. He inquired how much of a bond would be needed. Community Development Director Bob Nicholson advised that a note on the plat will have to be changed, and the landscaping will have to be shown. A motion was made by Council Member Gardner to approve the request with the stipulation that additional requests for the area between River Road and Little Valley Road will be analyzed. The motion died for lack of a second. City Attorney Shawn Guzman commented he hated to see the City commit itself to future developments without articulating standards. City Manager Gary Esplin commented the City has already committed to themes along certain roads. Council Member Whatcott commented that if the City Council were to deny the request, the applicant could submit his plat, make corrections, proceed, and come back at a later date after the City Council has made its determination. He inquired if the same thing could take place if the matter were tabled. City Attorney Shawn Guzman suggested the note be removed from the plat, and the applicant be allowed to record the plat while the City works toward a resolution of the matter. He advised that the City Council could table the request to maintain the landscaping and then authorize removal of the note from the plat. Mayor McArthur called for a five minute break. City Manager Gary Esplin explained that in his opinion the system has failed and does not warrant allowing something to be continued in perpetuity. No plat, preliminary or final, should be approved until an issue such as this has been resolved. Even though staff has told the applicant that the City Council has discretion in granting these types of requests, this request should never have gotten this far without a determination made at the preliminary plat stage, and staff has now been so instructed. Mayor McArthur commented that it was implied that the City would probably accept the landscaping if certain standards were met. A motion to approve the request for the area from River Road to Airport Road was made by Council Member Gardner, with the idea that perhaps a way can be found to put maintenance back on the neighborhood. The motion was seconded by Council Member Allen. Council Member Whatcott commented that the Parks Department advises that the plat has been submitted to them three to ...

...e the developer is not giving it up. What it does is allow the City to get parks in areas where it has not been able to in the past and to allow trails to be connected. St. George City Council Minutes July 12, 2007 Page Two Mayor McArthur commented the plan appears to make sure there is a level playing field for all. City Manager Gary Esplin commented the only concern is if a person pays something, they are paying it to the City. Caution must be used to not mix this concept with the TND concept. Ed Burgess commented that there should be a different set of standards for smaller projects, as he was not sure the City wanted to have a whole bunch of small pocket parks that may or may not be able to be improved, and the City would not want to maintain them. There should be another means to get the density. In the case of Little Valley, the water impact fee on a half acre lot is an additional $4,500 per lot, and there will have to be some incentive involved vs. paying $4,500 more to the Water Conservancy District, such as paying the City to improve the infrastructure. One thing that needs to be figured out is how to provide the Council with discretion to be able to look at a project and have the ability to not be firm on the standards required, because one size does not fit all. Community Development Director Bob Nichlson commented that small parcels will require special consideration. If factors one and two are not feasible, perhaps a combination of the third factor could be used, such as enhanced landscaping along the right-of-way or private amenities that would enhance the project. City Attorney Shawn Guzman commented that according to the law, it is still unclear what the City can do, and it might have to say if the project is ten acres or less, a payment would be required or land is required to be donated. The City might have to have a cut-off on the acreage as to when it can charge a fee and when the land can be used for improvements. Mr. Nicholson commented that density bonuses for parks and attainable housing bonuses are common. Council Member Bunker suggested a community garden could be used instead of a park. Council Member Whatcott suggested a potential fourth factor - donation of land to increase building setbacks to allow for increased road widths, thereby eliminating narrow roadways. City Attorney Shawn Guzman commented wider park strips could be used for small acreages that cannot donate property for a park. City Manager Gary Esplin suggested that landscaped medians could also be used to soften roadways. Council Member Allen commented the City Council would like to see commercial development spread throughout the City to help keep traffic congestion down. Glen Bundy inquired where the areas planned for commercial were located. He was shown a map. St. George City Council Minutes July 12, 2007 Page Three Council Member Allen inquired about clustering. Ed Burgess replied this would fall under factor number three. The City Council needs the ability to approve a plan. City Manager Gary Esplin commented there is some concern with the way the Water Conservancy District is applying their calculation. The impact fee for half acre lots is almost $10,000, but there is an option to not pay the fee if landscaping is limited to 5,000 sq. ft. which would encourage clustering. Council Member Allen commented that clustering provides more open space than half acre lots. Community Development Director Bob Nicholson commented that lot size averaging is also an incentive. Mr. Esplin commented that also makes it easier to do an affordable housing component. Council Member Whatcott inquired if it would be based on the zone or size of lot. Mr. Esplin replied it would be based on the size of lot. Council Member Allen commented that clustering would do away with the need for walls and fences. Council Member Whatcott inquired if park improvement would allow for park impact fee reimbursement to the developer. Mr. Esplin replied that the developer would already be getting increased density in exchange for the improvement. Council Member Whatcott commented that the home buyer is the one who will pay this cost, not the developer. City Attorney Shawn Guzman advised that the City is not collecting impact fees for purchasing land for neighborhood parks. City Manager Gary Esplin commented that a partial amount does go toward building the park, but the developer is getting the benefit of having increased density. Council Member Whatcott commented that this would be charging the lot owner twice, and in the end the buyer has to pay twice. City Attorney Shawn Guzman commented that when the City did its impact fee study for regional parks, it took into account it would have a lot of park land donated and the amount per acre is a lot less than the fair market value of the property. St. George City Council Minutes July 12, 2007 Page Four City Manager Gary Esplin advised that a portion of the park impact fee does go toward the building of neighborhood parks, and a portion goes to trails, trailheads, recreation centers, and a portion goes to community parks. Somebody is getting compensated for putting the park in because they are getting increased density. Ron Bracken commented that all costs ultimately end up on the buyer. Council Member Whatcott stated the City must put a value on the park improvements. City Manager Gary Esplin replied that the value required is $125,000 for a standard park. If the developer wanted to add additional elements such as a water park, two tennis court, etc., this would give him the ability to have additional increased density, but does not address the issue of the person actually taking out the permit. But, this can be figured out. Ed Burgess commented that it is easy to donate land for a park, but 50% of developers will choose not to improve the park and take less density. However, the concept works. The question is if these people have to donate land for the park, should they also have to pay a park impact fee. City Manager Gary Esplin commented that if a homeowner has a chance to go into a subdivision that has trails and parks and amenities, he is more likely to buy in that subdivision because t...

...oundaries. Mayor McArthur stated the map indicates there is some State Parks property within the annexation boundary. Mr. Nicholson replied there is State Parks land and also State Trust lands within the boundary of the annexation. Mayor McArthur commented the map showed a sewer line, and it was important to have sewer serve this area. Alan Gardner advised the actual boundary described in the advertised notice is different than displayed on the map. City Attorney Jonathan Wright clarified that the City Council can only consider for annexation the property approved by the Boundary Commission, and the map is incorrect. Mayor McArthur opened the public hearing. John Ibach representing State Parks, distributed a letter to the Mayor and City Council indicating State Parks’ position on the annexation. The annexation proposes to annex a significant portion of Snow Canyon State Park, and while State Parks is not opposed to annexation of the entire State Park, it feels it is St. George City Council Minutes June 15, 2000 Page Seven in the best interests of State Parks that annexation not be a piecemeal process that would place Snow Canyon State Park under multiple jurisdictions. There being no further public comment, Mayor McArthur closed the public hearing. City Manager Gary Esplin advised that all property owners within the annexation area were notified of this meeting, but there was some confusion whether State Parks received a notification. However, a public hearing is not required as the issue went to the Boundary Commission, but the City wanted to give everyone an opportunity for input. Further discussion is needed concerning power service to the area. The Planning Commission recommended approval of the annexation under a Mining and Grazing zone, which is a holding zone. A letter has been received from Joe Hutchings wanting to know if his property would be considered non-conforming if annexed. This issue also needs to be addressed. The area proposed for annexation is within the growth boundaries of the City. He advised there would not be another public hearing on the proposed annexation. PUBLIC HEARING/RESOLUTION TO CONSIDER AMENDMENTS TO 1999-2000 BUDGET: Public hearing to consider adjustments to the 1999-2000 fiscal budget for the City of St. George. City Manager Gary Esplin advised this was the time of year in which adjustments were needed to the General Fund to accommodate expenditures not anticipated. Please see Exhibit “A” attached. Mayor McArthur opened the public hearing. There being no public comment, he closed the public hearing. A motion was made by Councilmember Orton to approve by resolution the proposed amendments to the 1999-2000 fiscal budget. The motion was seconded by Councilmember Isom. Mayor McArthur called for a roll call vote, and all voted aye. PUBLIC HEARING/RESOLUTION/ADOPTION OF 2000-2001 FISCAL BUDGET: Public hearing to consider comments regarding the proposed budget for fiscal year 2000-2001 for the City of St. George. City Manager Gary Esplin advised the only changes from the preliminary budget previously distributed to the Mayor and City Council were health insurance changes which were discussed with and approved by them. The unallocated portion of the City Council’s budget was reduced, street bond fund increased, and funds transferred from Capital Project Funds. This would transfer funds from the Street Bond Fund to the Capital Project Fund. The increased appropriation to Highland Drive on the Master Road Plan was to construct a road in phases from the old industrial park to the Washington Interchange as funds have been accumulating in the Transportation Improvement Fund for this project. The City has also received a grant from the State Small Urban Program to help fund the Highland Drive project. Funds also need to be budgeted to purchase the property adjacent to the Woodward Building from the School District, and the first payment is due in the next fiscal year out of the Capital Project Fund. These are the only suggested changes. Mayor McArthur stated he would like the walkway on the north side under the 700 South freeway underpass funded. City Manager Gary Esplin suggested the Mayor and City Council wait to decide on funding unallocated projects until they receive a list of all unfunded requests from department heads and prioritize them. The budget can be opened in July to fund the ones the City Council decide have the highest priority. He stated he believed any allocation of funds should first be made to improve safety. St. George City Council Minutes June 15, 2000 Page Eight 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 adopt by resolution the 2000-2001 fiscal budget. The motion was seconded by Councilmember Orton. Mayor McArthur called for a roll call vote, and all voted aye. REQUEST FOR PAYMENT SCHEDULE: Consider a request from Dale Jones, Sandale Properties, for consideration of a payment schedule for property purchased from the City of St. George. City Manager Gary Esplin advised that Dale Jones purchased the old sewer plant property from the City for $1.7 million. Mr. Jones is proposing he be allowed to stagger the repayment until July 2003 when the contract ends. Interest would correlate with interest the City is paying the Crosby family. Mr. Esplin advised staff has no problem with his request, and as long as Mr. Jones makes the payments, there should be no problem. Mr. Esplin advised he feels good about working with Mr. Jones. Councilmember Whatcott declared a conflict as Mr. Jones is one of his clients. He advised he would not vote. A motion was made by Councilmember Allen to approve the payment schedule as recommended by the City Manager. The motion was seconded by Councilmember Isom, and all voted aye except Councilmember Whatcott who abstained from voting. REQUEST TO INSTALL OVERHEAD POWER LINES: Consider a request from the Ft. Pearce Business Park, LLC for permission to install overhead power lines to a portion of the Ft. Pearce Business Park. City Manager Gary Esplin explained that overhead power lines already serve a portion of the project. The applicants are now adding 13 acres to the project and want to continue using overhead power lines. Deviation from the Subdivision Ordinance would require a variance due to a hardship, etc. Mr. Esplin suggested 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 summer fees, this would result in a fee higher than what is proposed. He clarified the suggested fee change is not about summer rates, but rates for the shoulder and peak seasons. He stated he would hate to increase summer fees now when the overall goal is to lower them. Councilmember Whatcott advised the sales tax on summer fees would not be significant, and he made a motion to table the issue until the first of August without adding sales tax to the existing summer fees. The motion was seconded by Councilmember Orton, and all voted aye. INTERLOCAL AGREEMENT: Consider approval of an interlocal agreement with Washington County regarding a mosquito abatement program. City Manager Gary Esplin advised staff’s recommendation is to approve the proposal for fees based on acreage being sprayed rather than on population. Another option would be to review and modify the agreement, approve it, and appoint Doug Wulfenstein as the City’s representative. He stated it was imperative that the four communities join together to solve the problem. He advised the agreement contained a provision which would allow the City to terminate its participation with 30 days notice. A motion was made by Councilmember Orton to approve the agreement as presented. The motion was seconded by Councilmember Allen, and all voted aye except for Councilmember Isom who was briefly excused from the meeting. St. George City Council Minutes June 15, 2000 Page Eleven AGREEMENT WITH SCHOOL DISTRICT: Consider approval of an agreement with the Washington County School District for purchase of school-owned property adjacent to the Woodward building. City Manager Gary Esplin explained the agreement will allow the City to purchase property owned by the School District adjacent to their office building, the annex, the Woodward building, and old gym. The City would retain ownership of the Woodward building while improvements are being made to it, after which ownership would be returned to the School District. The exact amount of property to be purchased by the City has not yet been ascertained, as the School District is in the process of deciding what to do with the office complex. The City would like to purchase the remainder of the property, and the School District will purchase 100 West. The City will pay the School District $600,000 in July of this year, another $400,000 in three years, with the remaining balance due at the end of seven years. The City would take ownership of the Woodward building at the time of the $600,000 payment, and the City will reconvey the Woodward building to the School District at the end of the seven year period. City Attorney Jonathan Wright advised that with each payment made by the City, the School District would release a proportionate amount of square footage. City Manager Gary Esplin advised the School District has someone interested in leasing the old gym. This is acceptable to staff as the City does not need the facility at the present time. City Attorney Jonathan Wright clarified that the City would own the old gym, but the School District would have the right of occupancy. City Manager Gary Esplin advised there will be no interest on the unpaid balance, and the City can pay off the debt early without any penalty, depending on available funds. He recommended the first payment be made out of Capital Project funds which have been accumulating for this type of project. Councilmember Orton asked Mr. Esplin to clarify for informational purposes the reasons why the City wants to obtain the property. Mr. Esplin replied this property was critical to the viability of the downtown area in the long run, and if the City owns the property, it will have the ability to shape it, have control over it, and it is an investment in the future of St. George. He stated he thought this purchase was one of the most critical decisions made in the last few years, and is a great opportunity for the City. A motion to approve the agreement was made by Councilmember Orton. The motion was seconded by Councilmember Isom, and all voted aye. ANNOUNCEMENT: Mayor McArthur advised that an announcement will be made on Wednesday, June 21, 2000 at 9:00 a.m. on site about a parking structure in the downtown area. MOU WITH SITLA: Consider approval of proposed Memorandum of Understanding for a joint planning project with SITLA. City Manager Gary Esplin advised this concept was pursued by Leisure Services Director Kent Perkins to plan the area SITLA holds south of Bloomington Hills and will allow the City to coordinate its plans for trails and parks with SITLA. A motion was made by Councilmember Isom to approve th...

...Since park of the parking lot will be used for the Kid's Criterium course, parks of the parking lot will be closed. If a part of the parking lot is cl...

... not have any Eagle Scout projects available at this time. Please call the Parks Department at 435-627-4530 to inquire about their Eagle Scout project...

...ry advised the project area is from Bluff Street to 900 East. UPDATE ON PARKS: Leisure Services Director Kent Perkins updated the City Council on the 18 parks projects under construction. ORDINANCE: Consider approval of an ordinance prohibiting smoking on City-owned property such as parks, ball fields, open space and around bus stops. Melinda Hill, Legal Intern, advised that four or five cities within the state have a smoking ban in certain public areas. The proposed ordinance is based on Salt Lake City?s ordinance. With regard to justification, the EPA has determined that secondhand smoke is a carcinogen and there is no acceptable level of exposure. It kills many people each year, including children. Additionally, discarded cigarette butts in parks are a danger to children. She then reviewed the proposed ordinance. Mayor McArthur commented that the purpose of the ordinance is to protect the health of the public. City Attorney Shawn Guzman 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 than one large one every three to five years. 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: Council Member Gardner - aye Council Member Allen - aye Council Member Bunker - aye Council Member Whatcott - aye Council Member Orton - 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 M-1 on 254.04 acres located on the south side of the existing Ft. Pierce Industrial Park. SITLA, applicant; Gilbert Jennings, representative. Community Development Director Bob Nicholson explained that the subject area includes the area south of the Ft. Pierce Industrial Park to the White Dome. The balance of the area is slated to remain as permanent open space. This action limits the Ft. Pierce Industrial Park to the south. The Planning Commission recommends approval based on compliance with the South Block plan. Mayor McArthur opened the public hearing. Ed Baca commented that the industrial park was vital to maintain the desired tax base. There being no further public comment, Mayor McArthur closed the public hearing. MOTION: A motion to approve the zone change by ordinance was made by Council Member Gardner. 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 Orton - aye Council Member Allen - aye Council Member Whatcott - aye The vote was unanimous and the motion carried. St. George City Council Minutes June 21, 2007 Page Six City Attorney Shawn Guzman clarified that all the property included in the zone change is owned by SITLA. Council Member Gardner clarified that SITLA stands for State Institutional Trust Lands Administration. PUBLIC HEARING/ZONE CHANGE/ORDINANCE: Public hearing to consider a zone change from A-1, A-20, and Open Space to R-1-10 on 106.73 acres located between Little Valley Road and the proposed extension of Commerce Drive. Triple Bogey Partners (Burgess, Whatcott, West), applicants. Mayor McArthur explained that the remainder of the zone change requests on the agenda all pertain to property in Little Valley. The City previously approved a General Plan change in this area allowing an overlay zone for TND development. The intent of the City Council was not to change all the area to R-1-10 zoning. He requested that the City Council continue the public hearings and any decisions, as more discussion is needed. He proposed a work meeting be held at 2:00 p.m. next Thursday. Council Member Gardner advised he would not be able to attend. He commented that one of his concerns about continuing the matter is that it is unfair to the applicants without any expectation of getting to a decision. Mayor McArthur commented there was a sense of urgency to move ahead with a decision due to the finances involved, but the overlying decision of what happens in the entire area is more important for all of St. George. The right decision needs to be made, but it should be done quickly. He advised that it would be scheduled for action at the second City Council meeting in July. City Attorney Shawn Guzman advised that some of the applicants have expressed a desire to be prepared on July 12 for discussions, with action on the July 19 agenda. Mayor McArthur suggested that a meeting be scheduled on Tuesday, June 26 at 11:00 a.m. to discuss the matter. Lowry Snow, representing Triple Bogey, stated this would be acceptable and requested that his letter to the Mayor and City Council be made a part of the record (this was not provided to the City Recorder). Council Member Whatcott declared a conflict of interest and left the stand. Community Development Director Bob Nicholson explained that the subject property is located at the end of Little Valley Road where the pavement ends. The applicants propose R-1-10 zoning with lot size averaging and a larger lot buffer on the north side along the Rancho Verde Estates. Four acres of the project will be parks, with nine acres in trails and open space, for a total of 13 acres. T...

...N?S MUSEUM: Council Member Gail Bunker explained that the summary of the parks and recreation master plan recommends that a feasibility study be conducted for a children?s or science museum. Lynn Goodwin, founder of the Treehouse Museum in Ogden and its executive director, is willing to help St. George if it wants to be a part of the Ogden museum. She would help in setting it up and share exhibits. St. George would also be able to get grants and funding and share in the partnership. There is a need in St. George, but first a site must be identified. She suggested locations near the dinosaur museum, or Sand Hollow area, or fairgrounds, or by the Dixie Center, or the old movie theaters downtown. Council Member Gardner suggested the old Woodward building. Council Member Bunker stated her preference would be somewhere by the Town Square. Council Member Allen inquired about use of the Arts building for the resource center so the Woodward building could be used for the children?s museum. Council Member Whatcott suggested a location on Riverside Drive. City Manager Gary Esplin suggested use of the old School District administration building, or space in the basement of the courthouse building which the City hopes to acquire. Council Member Bunker advised that funds for the children?s museum could not be raised until a site was identified. It was the consensus of the Mayor and City Council that the project is worth pursuing. St. George City Council Minutes February 8, 2007 Page Two PRESENTATION ON WEEKLY DOWNTOWN CELEBRATION EVENTS: Sandy Lenois advised that she is willing to take on the weekly downtown events again this year. She suggested that she could get more vendors if the events were held on Friday nights. She suggested events be held in April through October, excluding July because it was too hot. Marc Mortensen expressed concern with the frequency of the events. He stated in his opinion they should not be held weekly and there needed to be more variation. Ms. Lenois commented that they had different themes each month, and attendance at the first and second weeks were good, and then dwindled the third week. Ms. Lenois commented that due to personal conflicts, some of the businesses did not remain open for the events. However, the merchants are now ready to support the events. She inquired if the City wanted the events. Mayor McArthur replied that the Main Street businesses approached the City about holding the events, not the other way around. Council Member Allen suggested a farmer?s market be incorporated into the events. Council Member Orton commented that the City would have to be careful as a sponsor as it was not trying to cause competition against other business centers. The City can support the events if they help the Main Street businesses, but it is not interested in the various vendors? success. Ms. Lenois commented that the Tourist and Convention Center would like the events to continue to be held on Thursday nights as Friday nights would conflict with other events. City Manager Gary Esplin suggested the events be held once a month and be made special to become a community event in conjunction with the Town Square and Water Walk. He suggested a survey be done by staff to see if the businesses will support it. Mayor McArthur instructed Marc Mortensen to begin this survey. DISCUSSION CONCERNING MANDATORY DEDICATION OF PARK PROPERTY: City Manager Gary Esplin explained that the new park impact fee plan has a new element - a developer will donate four acres of park land for every 1000 residents. The impact fee is not geared to purchase property for the park - just to build the park. The idea is to get the parks donated at the time a big project comes in. For those developers who do not have enough property to donate, a mandatory in-lieu fee will be charged and these fees will be used to make sure there is a park in the area or to upgrade an existing park. There are two types of parks - neighborhood and community. A community park is the City?s total responsibility and these fees are included in the park impact fee. Impact fees do not reflect the cost to purchase land for a neighborhood park, only to build it. A mathematical equation will be used to arrive at the figure charged the developer as a fee in lieu based on the cost of the park land or improvements. St. George City Council Minutes February 8, 2007 Page Three Council Member Gardner inquired about a single lot builder. Mr. Esplin replied that a single lot builder would pay only the impact fee for the individual house. He explained that the City has a map indicating areas where it knows parks are needed. The City will determine where a park best fits in an area. For example, Ivory Homes is building a community park. A subdivision that builds next door and will use the park will pay an assessment used to add improvements to the community park. Council Member Whatcott inquired if trails would be considered part of a park. Leisure Services Director Kent Perkins replied that credit is not given for trails. City Manager Gary Esplin explained that a developer would have to put in trails as part of an amenity package, but the ordinance does not require that he be compensated for that. The City is simply asking for access for other residents of the area, not just those in his or her development. Carol Sapp, representing the Southern Utah Homebuilders Association, commented that is someone puts in trails that benefit the rest of the community, they become a system improvement and should be paid for by impact fees. City Manager Gary Esplin replied that if a developer does not build a park, they will have to build trails to access a park, and they should not be compensated for that. If a developer builds a park, and the City requires them to provide access to adjacent subdivisions, then this becomes more of a system improvement. Staff is open to solutions. Council Member Gardner commented that a developer could possibly be required to do both a community and neighborhood park and the community park would be purchased by the City, and the neighborhood park would be an exaction. City Attorney Shawn Guzman commented that flexibility is built into the ordinance. The City Council can take into consideration the net acreage a developer has left, and if it is too much of a burden, he can pay a fee in lieu. Adam Arrington inquired if the City was forcing developers to give land to the City. City Attorney Shawn Guzman replied that the City will purchase land for a community park. City Manager Gary Esplin advised that the City did not plan on using condemnation. The theory is that a neighborhood park is an amenity to the development. The City will be flexible. Leisure Services Director Kent Perkins advised that a developer wants to build a large park of 14-16 acres. The City will pay them back for building the facility and use this large community park as a neighborhood park too. The City is trying to be flexible and not requiring both a community and neighborhood park in this instance. St. George City Council Minutes February 8, 2007 Page Four City Manager Gary Esplin commented that impact fees will be shared as a whole throughout the entire City. Carol Sapp inquired about implementation and how land values would be determined. Leisure Services Director Kent Perkins advised that guidelines are written in the ordinance. For instance, 50% of the land for a park has to be easily accessible, and no piece can be over a certain percentage of slope. City Manager Gary Esplin clarified that the City is saying that a developer cannot just donate slope property. The greatest percent of the property has to be useable. Leisure Services Director Kent Perkins commented that when developers do donate slope property to the City which they cannot use, they get tax deductions. The City Council will look at each piece of property donated and decide on the value. Values will be established yearly based on appraisals. There is an appeal process that allows for a developer to obtain his own appraisal or a negotiation between two appraisals. Carol Sapp commented that this would require the developer to incur additional cost. She suggested use of an appeals panel. City Attorney Shawn Guzman clarified that the proposed ordinance does not contain an appeals process. City Manager Gary Esplin explained that every year during the capital project updates, the City Council will set a fee based on what the value of the property in the community is as a whole. If a developer feels this is incorrect, he or she can hire their own appraiser and appeal this to the City Council. City Attorney Shawn Guzman clarified that there is no appeals process in the ordinance. The appeal process is to come and talk to the City Council. Council Member Whatcott inquired how property value would be established each year. City Attorney Shawn Guzman replied that when the City does its impact fee studies, it will be paying someone to determine the cost to acquire land for parks. City Manager Gary Esplin commented that it would not difficult to determine values. Carol Sapp commented that determining value by zones would be more precise instead of determining value City-wide. Finance Director Phil Peterson explained that impact fees would be held within a restricted fund with subfunds for each of the parks so that funds are restricted for use for each specific park. St. George City Council Minutes February 8, 2007 Page Five Rick Rosenberg inquired if the in-lieu fee would be paid at the time of platting. He was advised that this was correct. He inquired how this new policy would apply to existing larger PDs with many phases already developed. City Manager Gary Esplin replied that they would have to find four acres somewhere. However, if the projects were already platted and recorded, they would not be subject to the new ordinance. If they are not platted, then discussions will be held with them and they are subject to the new ordinance. If they do not have land for parks, they will have to pay an in lieu fee. City Attorney Shawn Guzma...

...ial piece for neighborhood commercial. There are 220 acres in open space, parks or lakes. One third of the development is open space. Traffic is a major issue and will be addressed at the zoning stage or with the plats. A long list of traffic improvements will be required as part of the project. A number of traffic signals will be required. Canyon View Drive will move south and intersect with Dixie Drive considerably farther south than at present. There will be a series of additional lights and left turn lanes. There are existing bike trails in the area and one of the most popular places to ride is by the City water tank on the applicant?s property. The applicant plans to maintain that trail. In the past residents of The Cottages have expressed concern about the location of Plantations Drive. The applicant has prepared exhibits that show the separation from their property lines and Plantations Drive. There is extensive separation or open space area. The narrowest point is 16' at the corner of Canyon View Drive and Plantations Drive. Mayor McArthur inquired if a fire station site was included in the plan. Mr. Nicholson replied that a fire station site has been included in the plan, and the applicant is also bringing irrigation water rights to the project, as well as possibly using reuse water. Council Member Bunker advised that she received a letter from Mr. Mower expressing concern about the increased density. Mr. Nicholson replied that density has gone up from the Plantations project. This project proposed four units per acre, and the Plantations project was three units per acre. Tonight is not an entitlement hearing as this is a zoning decision. Tonight?s hearing is for a general plan amendment, which acts as a guide for future zoning requests. If the City Council is uncomfortable with the density, it should give this direction tonight as the applicant will be following up this request with a zoning request. Rick Rosenberg advised that he has been working on this project since 1992. It started with a 27 hole golf course, then went to an 18 hole golf course, and has now been downsized to public parks and trails in response to the City survey. This site is blessed with a multitude of unique geologic features, hence the recreation out there now. He then showed slides of the property. Natural rock formations will be preserved and the St. George City Council Minutes October 5, 2006 Page Eleven applicant is working with the Parks Department on the trails and parks. All recreation facilities are intended to be public. A large public park which is show on the parks master plan will be built, as well as a linear park which runs through the valley and provides a connection from the north to south areas. Some trails will be improved with asphalt. The project provides for the construction of Plantations Drive which is the only major arterial west of Dixie Drive and is a major road on the City?s transportation plan, and will be built before the first subdivision goes in. The applicant has been working closely with the Power Department to provide two new substations and has done his best to hide the power corridor. The Power Department would like to execute a document as soon as possible to start relocation and planning of the 138 substation and loop line which is a regional power line. An extensive traffic impact study was done which identified all improvements and participation percentages based on density and traffic generated by the project. A site has been identified for a fire station. The project has three primary densities on top of the slopes and has taken a lot of the high density to the center of the project adjacent to The Cottages and parks. Concerns have been expressed by residents of The Cottages with regard to higher density and the proximity of the roadway to some of the units. By moving the power line the road has been shifted to the west. The applicants plan to landscape the areas between The Cottages and the roadway. An underground crossing and another trailhead is proposed and the bottom trail areas will be preserved. There will be no development in the flood plain or washes. The developer has created CC&Rs to control the exterior look of the buildings and landscaping for the entire project, and even though some of the property has been sold to different developers, the entire site will function under a common CC&R document to maintain control of the look and feel of the project. In order to preserve the sensitive lands and fund constriction, there is a need for increased density and the project has been set up to do some TND with a town center and park. The opportunity to do this is with this amendment and the zoning process. The first phase will consist of R-1-10 development to take advantage of lot averaging in order to pull some more affordable lots into the R-1-10 development. Council Member Bunker inquired if the applicants were also planning some affordable housing. Mr. Rosenberg replied that the commitment to affordable housing is there, but the property owners are not doing the actual project and there is not a detailed design to address this. The general plan amendment will allow this to happen, and affordable housing can be made contingent with the zoning. He stated that the last he heard there were 3,500 to 4,000 lots on the market and only 133 were sold last month. There is a dramatic need for affordable housing to meet the growing number of the workforce, but this cannot happen in the R-1-10 zone. The affording housing problem cannot be solved with four units per acre, but R-1-10 is needed to absorb the land cost and spread it out among more units. Council Member Whatcott commented that at some point in time a commitment must be made to provide attainable housing. Mr. Rosenberg replied that the applicant is focusing on the quality of the project design with less attention being paid to the numbers. The affordable housing problem cannot be met by four units per acre. Council Member Whatcott commented that it was obvious a tremendous amount of time was spent on this project but he wondered when the City was going to step forward and require an attainable housing component, and if the City was missing the boat on this project by approving the general plan amendment. City Manager Gary Esplin replied that the current property owners are not the ones doing the actual development of the project. The property owners will put in the infrastructure and then sell off the parcels. From staff?s point of view, the project is great and meets the current master plan with four units per acre. The concern is what St. George City Council Minutes October 5, 2006 Page Twelve assurances the City will have if the project moves forward that it will be built according to the master plan. Mr. Rosenberg replied that Plantations Drive is fixed and will be built. The sewer will be extended. Parks will be built as required. If a developer comes in and buys part of ...

... Mayor McArthur suggested that the Guide be available to the public at the Parks Office and Water and Power Department. Council Member Allen suggested the Guide be put on the City's web site. She inquired if there had been any discussion among the committee about making the Guide mandatory rather than voluntary. Parks Superintendent Lynne Scott replied that it was discussed but the committee felt there was a need to first get the information out, as there are many principles and guidelines to comprehend. Enforcement would also be necessary if the Guide was mandatory, and the City is not yet prepared to do this. Council Member Allen suggested that whenever a building permit is issued, a copy of the Guide be made available to the owner or builder, and to make sure landscapers and contractors are aware of it. Ms. Scott replied that the committee discussed creation of a certification program, but the main goal now is to get the educational material to the public. Carol Sapp, a member of the committee, advised that the goal of the committee was to educate, and installation and design of watering systems is just one factor, as maintenance is extremely important in order to have optimum use of an irrigation system. Gary Beddingfield stated it appeared that anyone with a pick-up truck and a means to cut pipe and a can of glue can pass off as an expert in sprinkler installation, and that most people overwater 80% of their grass so that the remaining 20% doesn't die. He suggested an inspector for sprinkler installation. PRESENTATION FROM NELLIS AIR FORCE BASE PERSONNEL: Colonel Jim Callahan, 98th Operations Group Commander at Nellis Air Force Base, advised he is responsible for the Nevada Test and Training Range. He explained that even though St. George is outside its boundary, it is just outside the boundary and is still affected by noise from the airplanes. He expressed appreciation for the City's support. He then made a power point presentation on the air warfare center headquartered at Nellis. Mayor McArthur again advised those present that the impact fee schedule will not be adopted at this meeting, and that another meeting for this purpose will be held in June. PUBLIC HEARING/AMEND PD ZONE/ORDINANCE: Public hearing to consider an amendment to the PD zone for Anasazi Ridge Townhomes at Entrada located at 2200 North Cohonina Cr. north of 2100 North at Entrada. Reed Brinton, applicant. Community Development Director Bob Nicholson explained the proposed amendment is to an existing PD. The project was approved as a twin home development, but is now proposed to have many single detached units. The overall number of units (42) would not change. There would be 26 single detached units and 16 twin homes. The same overall design will be used. There was no opposition at the Planning Commission meeting. Mayor McArthur opened the public hearing. There being no public comment, he closed the public hearing and called for a motion. A motion was made by Council Member Gardner and seconded by Council Member Allen to approve by ordinance the amendment to the PD zone. Mayor McArthur called for a roll call vote, as follows: Council Member Gardner - aye Council Member Allen - aye Council Member Whatcott - aye St. George City Council Minutes May 16, 2002 Page Three The vote was unanimous and the motion carried. PUBLIC HEARING/AMEND ZONING ORDINANCE/ORDINANCE: Public hearing to consider an amendment to the Zoning Ordinance, 19-2,19.F and 19-2.C. Community Development Director Bob Nicholson explained that Chapter 19 of the Zoning Ordinance pertains to commercial zones. The proposed amendment deals with residential treatment centers in commercial zones, and requires an increase in open space and playground area from 20% to 30% when an existing building is converted to a residential treatment center. This change will make the requirement uniform with requirements of other residential projects. The Planning Commission recommends approval. Mayor McArthur opened the public hearing. There being no public comment, he closed the public hearing and called for a motion. A motion was made by Council Member Allen and seconded by Council Member Whatcott to approve the proposed change by ordinance. Mayor McArthur called for a roll call vote, as follows: Council Member Allen - aye Council Member Whatcott - aye Council Member Gardner - aye The vote was unanimous and the motion carried. PUBLIC HEARING/CAPITAL IMPROVEMENT PLANS/RESOLUTION: Public hearing to consider adoption of the Capital Improvement Plans and Impact Fee Schedule for the City of St. George. Mayor McArthur advised that while he would take comments concerning the impact fee schedule, its adoption would be scheduled at a later meeting. Impact fees are based on capital facilities plans, and they must first be adopted. City Manager Gary Esplin commented it was important to emphasize that state law governs the procedure to adopt impact fees and capital facilities plans, and periodically they need updating. Leisure Services Director Kent Perkins advised that the park impact fee is based on a standard to determine and maintain a certain level of service. Neighborhood parks are built with park impact fees. Parks to be built in the near future include Forest Park, Springs Park, Slickrock Park, Blake Memorial Park, the first phase of the Virgin River Park near the dinosaur tracks, and the first phase of the Hela Seegmiller Park in the Washington Fields area. The second year plan includes additional development of the Virgin River Park, Little Valley Park, and second phase of the Hela Seegmiller Farm and Historic Park. The City's goal is to update its plan every five years, and in some cases sooner, since development does not always occur in the direction assumed. Mayor McArthur explained that when the citizens of St. George approved the recreation bond, impact fees were based on a certain standard, and the City wants to maintain that same standard. Mr. Perkins explained that impact fee funds are not to be used for special facilities, community parks, the trail system or soccer fields, but for neighborhood parks. City Manager Gary Esplin advised that no changes were proposed to the Police Department plan. Fire Chief Robert Stoker stated that fire impact fees can only be used to build new facilities, and cannot be used for equipment or anything else. St. George City Council Minutes May 16, 2002 Page Four City Manager Gary Esplin advised that $600,000 has accumulated in the Fire Department Impact Fee Fund, and $28,000 in the Police Department Impact Fee Fund. Fire Chief Robert Stoker advised that seven new stations are proposed for construction within the next five to ten years. Station 7 is currently under design and will be located in the northwest part of Dixie Downs. Others are planned for the Sun River, Little Valley, Ledges, Green Valley Plantations, and Southern Corridor areas, and at the new airport. The City's plan is for a station within 1.5 to 2 miles of every residence. The new station in the Dixie Downs area will include an area for a backup dispatch center for the Police Department, and an area for the police officers. The City's goal is that any new station built will be a combination fire/police station. The City is also looking at radio repeater sites. Chief Stoker advised that the estimated cost of the new Dixie Downs fire station is $600,000-$700,000 and is hoped to be out to bid by late June or early July. He stated the Department currently has eight full time firefighters and 50 reserves. The new budget contains a new full-time position for a Captain/Training Officer and 15 new volunteer positions. Water and Power Director Wayne McArthur explained that the capital facilities plan in the Water Department includes the West City Springs project, east side irrigation project, Sandberg pond project, and a project to take the Bloomington Hills Elementary School, sixth and seventh grade center, and two church baseball fields off culinary water. The Department's long term plans include completing the regional pipeline by next year and to begin design to expand the water treatment plant. City Attorney Jonathan Wright inquired why the pipeline and water treatment plant was being expanded. Mr. McArthur replied that with expected growth at 6%, the City will grow into it by 2007-2008. There is also a plan to bring the reuse project on line within the next year or two, as well as a new well field in the Ledges area. He explained that the regional pipeline will bring water all the way to Ivins and will provide a good mix of surface and ground water. The City will have to comply with the new arsenic rule by 2005. Mr. McArthur advised that in the power area, the City is installing capacitors, with the hope that the technical task force is working on ways to build additional transmission. The plan shows a 138 line, but ways are being looked at to get electricity in from the south. Another alternative is to build either a 230 or 138 line from Las Vegas to St. George up over Highway 91 or over the new national monument. Wind farms are also being looked at, and there is a plan to put a turbine at SHAC and make a co-generation plant with the waste heat from the pool and sell it to the school. The City will eventually have to replace the 69 loop with a 138 loop. He explained that a long term source of power includes the Payson gas turbine project with 112 megawatts which is fully subscribed by UAMPS members except for 7 megawatts and should be on line this summer. There is also the IPP plan with a completion date of May 2008, and a small wind farm project which Pacificorp bought and would like to sell 10 megawatts to UAMPS. The City has signed up for one megawatt. Mayor McArthur commented that the Water Impact Fund was minus five million dollars. City Manager Gary Esplin replied this was because projects have been assigned to the impact fees. The Power Impact Fee fund has $500,000-$600,000. Public Works Director Larry Bulloch advised that Public Works Capital Facilities Plan projects include expenditures of $256,000,000 over 20 years, consists of 139 projects, and is well defined. 12 projects have been completed in the transportation system, and 6 drainage projects. The City is moving rapidly in the final stages of completing the major regional trunkline which upgrades capacity west of the West Black Ridge. The plan will emphasize expansion in St. George City Council Minutes May 16, 2002 Page Five that area, including upgrade of the trunk line downstream through the Southgate Golf Course and extending lines into the Winchester area for the future. The City is also looking at expanding from the Sun River area up to the Atkinville Interchange. The airport will need to be serviced with a trunkline from the Ft. Pearce Industrial Park and will also serve major residential development in the south block area and around the new airport. The Plan has 15 projects regionally in Wastewater and 17 in the Collection system. He advised that the Wastewater Division is exclusively growth driven with growth funding a majority of its revenue. The Division is well managed by Barry Barnum and is an efficient organization well set for the future. It is not expected that expansion will have to take place for ten years and will be driven by growth. He advised that transportation is funded about half by the State and federal sources, and half by City funds such as sales tax and development exactions. Drainage is also a 50-50 split between development and all other sources. Mayor McArthur inquired why the access to the new airport through Horseman's Park was not shown on the capital facilities plan. Mr. Bulloch replied that Little Valley Road is shown as the access to the new airport. The City is trying to focus on the southern corridor as the primary access, but may have to modify its plan. Council Member Whatcott inquired why no specific dates to begin were shown on the transportation list, such as the Atkinville Interchange. Mr. Bulloch replied that the City was meeting now with property owners to develop a formula for splitting costs above grant funds available for this project. The funding gap for this project is estimated to be four million dollars. The City cannot move ahead too quickly as it must wait for the environmental impact statement and record of required because of federal funds being used for this project. It is hoped that construction will begin within three years. Council Member Whatcott inquired if the projects were listed by time frame. Mr. Bulloch replied that they were listed by priority and would be done as money becomes available. He asked City Council Members if they agreed with the priorities. Mayor McArthur replied that the City Council can occasionally rethink the priority list. He inquired if the funding of eight million dollars for the Atkinville Interchange was secure. Mr. Bulloch replied that it was. City Manager Gary Esplin advised there was $409,000 in the Streets Impact Fund, $381,000 in the Drainage Impact Fund, and $400,000 in the Sewer Impact Fund. Mayor McArthur opened the public hearing. There being no public comment, he closed the public hearing and called for a motion. City Manager Gary Esplin advised that the City Council has an opportunity every year to change its priorities when the budget is adopted. Jerry Campbell, representing the AOPC, inquired if only water and power impact fees were being considered for an increase. City Manager Gary Esplin replied that staff has not made a recommendation to increase impact fees other than for water and power. Mayor McArthur commented that all impact fees will be discussed, but staff has not recommended any changes to impact fees other than for water and power. St. George City Council Minutes May 16, 2002 Page Six Mr. Campbell commented that impact fees have not been raised since 1994. Mr. Esplin replied that impact fees can only be adjusted as part of the capital facilities plan review. Mr. Campbell stated that impact fees are currently set at 75%, while only getting 50% value of the impact. Mr. Esplin stated that the public hearing on impact fees will be held June 6 or 20. Council Member Whatcott commented that the City currently uses all funds collected, and that does not mean the accounts are empty as they are constantly being replenished by construction and the funds will be used for future projects. He then made a motion to approve the capital facilities plans by resolution. The motion was seconded by Council Member Allen. Mayor McArthur called for a roll call vote, as follows: Council Member Whatcott - aye Council Member Allen - aye Council Member Gardner - aye The vote was unanimous and the motion carried. CONSENT CALENDAR: Consider approval of the financial statement for April, 2002. 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 The vote was unanimous and the motion carried. AWARD OF BID: Consider award of a blanket purchase order for building and plan review services. Purchasing Agent Sue Swensen advised that a blanket purchase order is desired for a professional services contract for review of commercial building plans. The amount of the contract will be $30,000 for the year. The vendor is Willdan from Las Vegas. City Manager Gary Esplin advised that building department staff cannot keep up with the current workload, and fees collected from building permits will be used to hire someone to do commercial plan checks. Ms. Swensen commented that plan review will include some structural design and engineering. City Manager Gary Esplin stated that staff does not have the expertise to review these plans as they do not see them often enough. A motion was made by Council Member Whatcott and seconded by Council Member Gardner to award a blanket purchase order for building and plan review services to Willdan in the amount of $30,000 for the year. Mayor McArthur called for a vote, as follows: Council Member Whatcott - aye Council Member Gardner - aye Council Member Allen - aye St. George City Council Minutes May 16, 2002 Page Seven The vote was unanimous and the motion carried. AWARD OF BID: Consider award of bid for construction of the Navajo Detention Basin project Phase I. Purchasing Agent Sue Swensen presented four bids received: Interstate Rock Products $320,170.20 L&M Construction $240,939.00 Mel Clark Construction $310,233.00 Rogers Construction $192,353.50 She recommended award to the low bidder, Rogers Construction, in the amount of $192,353.50. The Navajo Detention Basin is located west of Bloomington on State lands. City Manager Gary Esplin commented that SITLA granted the City a right to go on to their property. A motion was made by Council Member Gardner and seconded by Council Member Whatcott to award the bid to the low bidder, Rogers Construction, in the amount of $192,353.50. Mayor McArthur called for a vote, as follows: Council Member Gardner - aye Council Member Whatcott - aye Council Member Allen - aye The vote was unanimous and the motion carried. AWARD OF BID: Consider award of a contract for the tee time reservation system for City golf courses. This item was tabled. PUBLIC HEARING/AMEND FISCAL BUDGET/RESOLUTION: Public hearing to consider amendments to the fiscal budget for 2001-2002. City Manager Gary Esplin reviewed the proposed amendments. See Exhibit "A" attached hereto. Mayor McArthur opened the public hearing. There being no public comment, he closed the public hearing and called for a motion. A motion was made by Council Member Whatcott and seconded by Council Member Gardner to approve the amendments as presented by resolution. Mayor McArthur called for a roll call vote, as follows: Council Member Whatcott - aye Council Member Gardner - aye Council Member Allen - aye The vote was unanimous and the motion carried. ORDINANCE: Consider approval an ordinance requiring sterilization of animals adopted or claimed from the City of St. George Animal Shelter. City Manager Gary Esplin explained that this ordinance is necessary to bring the City into conformance with State law. The ordinance requires all cats and dogs adopted or claimed from the animal shelter to be sterilized. The sterilization fee will be required at the time of adoption and will be paid to the vet clinics which St. George City Council Minutes May 16, 2002 Page Eight have contracted with the City once proof of sterilization is received. If the animal is not sterilized within 30 days, the animal can be impounded or the fee paid forfeited. The ordinance also allows the City to require sterilization of an animal that has been picked up two times in a period of one year. Animal Control Officer David Vane commented that the City may see a temporary reduction in the number of adoptions due to the sterilization fee. A motion was made by Council Member Whatcott and seconded by Council Member Allen to approve the ordinance as presented. Mayor McArthur called for a roll call vote, as follows: Council Member Whatcott - aye Council Member Allen - aye Council Member Gardner - aye The vote was unanimous and the motion carried. RESOLUTION: Consider approval of a resolution approving the Economic Development Agreement with Wells Dairy Group. City Manager Gary Esplin explained that this agreement is a culmination of discussions with Wells Dairy in an attempt to have them locate in St. George. An Economic Development Agency (EDA) was created for the Ft. Pearce Industrial Park. Under this agreement, Wells Dairy would have the right to use property taxes they generate to cover some of their building and infrastructure costs. Construction will begin within a year of the agreement and will be completed by 2006. It is proposed that Wells Dairy receive 80% of the tax increment generated by and through construction of their facility for 15 years. 20% will come back to the City to use in its affordable housing program. Wells Dairy also has the right to trigger when the assessment begins, and they plan to begin after the facility has been completed. They may use the increment for whatever is allowed by law. The agreement also includes non-binding language which states that 50 acres currently under negotiation for option might be included in a similar agreement, in addition to the 50 acres they have purchased. By entering into this agreement, Wells Dairy is making a major statement about their plans to locate additional facilities here. If State law changes and affects the money received by them, the City will make its best efforts to keep them whole. A motion was made by Council Member Gardner and seconded by Council Member Allen to approve by resolution the economic development agreement with Wells Dairy. Mayor McArthur called for a roll call vote, as follows: Council Member Gardner - aye Council Member Allen - aye Council Member Whatcott - aye The vote was unanimous and the motion carried. Washington County Economic Development Director Scott Hirschi advised that a groundbreaking for Blue Bunny would take place June 7 at 9:00 a.m. RESOLUTION: Consider approval of a resolution establishing an escrow agreement regarding improvements for Commerce Drive and River Road. City Manager Gary Esplin explained that Wells Dairy would like its building permit before improvements are in place. The escrow agreement was prepared by the Ft. Pearce development group and reviewed by the City Attorney. Money will be deposited into an escrow account from the sale of property to guarantee that improvements will be constructed in a timely manner and in place before the Blue Bunny facility is occupied. The City will have the right to force St. George City Council Minutes May 16, 2002 Page Nine improvements to be made without using fees from the General Fund of the City. Because of the importance of this company locating in St. George, and because it is such a great project, staff feels comfortable recommending approval of the agreement. The escrow agreement would be similar to a cash bond which is allowed under current City policy. City Attorney Jonathan Wright commented that there would be no monetary obligation on the part of the City, and the escrow account is better than a bond. The amount deposited will be 110% more than the project's estimated cost. A motion was made by Council Member Gardner and seconded by Council Member Whatcott to approve the resolution establishing an escrow agreement for improvements to Commerce Drive and River Road. Mayor McArthur called for a roll call vote, as follows: Council Member Gardner - aye Council Member Whatcott - aye Council Member Allen - aye The vote was unanimous and the motion carried. ADJOURN TO NEIGHBORHOOD REDEVELOPMENT AGENCY MEETING: A motion to adjourn to a Neighborhood Redevelopment Agency meeting 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 Whatcott - aye The vote was unanimous and the motion carried. RECONVENE: A motion to reconvene was made by Council Member Whatcott and seconded by Council Member Allen. Mayor McArthur called for a vote, as follows: Council Member Whatcott - aye Council Member Allen - aye Council Member Gardner - aye The vote was unanimous and the motion carried. ABANDONMENT RESOLUTION: Consider approval of a resolution abandoning the easement between Lots 12 and 13 of the Pheasant Run Estates Subdivision. City Manager Gary Esplin explained the owner of Lot 12 and 13 in Pheasant Run Estates would like to combine the lots for construction on Lot 12, and will give the City all necessary easements. A motion was made by Council Member Whatcott and seconded by Council Member Gardner to approve the abandonment by resolution as requested. Mayor McArthur called for a roll call vote, as follows: Council Member Whatcott - aye Council Member Gardner - aye Council Member Allen - aye The vote was unanimous and the motion carried. ABANDONMENT RESOLUTION: Consider approval of a resolution abandoning the easement between Lots 29 and 69 of Canyon View Ridge Subdivision in the Sunbrook development. St. George City Council Minutes May 16, 2002 Page Ten City Manager Gary Esplin explained that abandonment of the easement between Lots 29 and 60 of the Canyon View Ridge Subdivision will facilitate purchase of some of the adjacent golf course outside the playing area. A motion was made by Council Member Whatcott and seconded by Council Member Gardner to approve the abandonment by resolution as requested. Mayor McArthur called for a roll call vote, as follows: Council Member Whatcott - aye Council Member Gardner - aye Council Member Allen - aye The vote was unanimous and the motion carried. City Manager Gary Esplin advised that the cost per square foot will be set by appraisal. ABANDONMENT RESOLUTION: Consider approval of a resolution abandoning the easement between Lots 42 and 43 of Bloomington Hills Subdivision Phase 10. City Manager Gary Esplin explained that the owner of Lots 42 and 43 in the Bloomington Hills No. 10 Subdivision would like to combine both lots into one. A motion was made by Council Member Gardner and seconded by Council Member Whatcott to approve the abandonment by resolution as requested. Mayor McArthur called for a roll call vote, as follows: Council Member Gardner - aye Council Member Whatcott - aye Council Member Allen - aye The vote was unanimous and the motion carried. SET PUBLIC HEARINGS: Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held May 14, 2002, recommended that public hearings be scheduled for June 6, 2002 at 5:00 p.m. to consider an amended PD zone for Entrada by adding approximately 81 acres and 114 residential units to the original PD, and to consider a zone change from R-1-40 to PD Commercial and also amend the existing PD Commercial building elevations and uses on property located north of the Flying J station on the northeast corner of Brigham Road and I-15. A motion was made by Council Member Allen and seconded by Council Member Gardner to set the public hearings as recommended by the Planning Commission. Mayor McArthur called for a vote, as follows: Council Member Allen - aye Council Member Gardner - aye Council Member Whatcott - aye The vote was unanimous and the motion carried. SET PUBLIC HEARINGS: Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held May 14, 2002, recommended that public hearings be scheduled for June 20, 2002 at 5:00 p.m. to consider approval of the updated General Plan and Land Use Map for the City, and a zone change from R-1-10 to AP for property located at approximately 115 South Mall Drive. A motion was made by Council Member Gardner and seconded by Council Member Whatcott to set the public hearings as recommended by the Planning Commission. Mayor McArthur called for a vote, as follows: St. George City Council Minutes May 16, 2002 Page Eleven Council Member Gardner - aye Council Member Whatcott - aye Council Member Allen - aye The vote was unanimous and the motion carried. PRELIMINARY PLAT: Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held May 14, 2002, recommended approval of the amended preliminary plat to reconfigure the phases, include six more lots, and extend the project boundary for The Knolls at Little Valley located at 2800 South River Road. City Manager Gary Esplin advised that approval of this amended preliminary plat will allow 83% of the lots on the interior to be platted and built without any improvements to the 80' right-of-way along Phase 3. Mayor McArthur inquired how the City could ensure that the frontage is improved. City Manager Gary Esplin replied that an agreement could be entered into that would require retention of a certain amount of funds to cover the cost of road improvements for a certain amount of property. Otherwise there is no guarantee that Phase 3 will ever be built and the road improved. Mayor McArthur commented that this is a tough issue for the rest of the City, as the interior will look good but the frontage not completed. City Attorney Jonathan Wright advised that the City could require the frontage be improved before the permits are drawn. City Manager Gary Esplin recommended that staff review plans for improving the frontage with the developer before the final plat is approved. Council Member Whatcott commented that this problem is not unique to this project alone, as it needs to be addressed all over town. City Manager Gary Esplin advised that some of the frontage improvement costs are the City's on 80 foot roads. Associate Planner Mark Bradley advised that the construction drawings and improvement plan for this phase of the project are different from what was approved, and needs to be addressed. Public Works Director Larry Bulloch commented that in preliminary discussions with Kevin Ence, he agreed to contribute a certain amount to an escrow fund which could be applied to improvement of the road as each lot is sold. This has been confirmed with the City Engineer, and the terms are acceptable to the Engineering Department. A motion was made by Council Member Gardner and seconded by Council Member Whatcott to approve the preliminary plat subject to making arrangements with the City for improvement of the 80' road. Mayor McArthur called for a vote, as follows: Council Member Gardner - aye Council Member Whatcott - aye Council Member Allen - aye The vote was unanimous and the motion carried. Council Member Whatcott stated that he was not in favor of the plat approval unless arrangements were made for improvement of the road. St. George City Council Minutes May 16, 2002 Page Twelve FINAL PLAT: Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held May 14, 2002, recommended approval of the final plat for River Crest Townhomes Phase I. A motion was made by Council Member Gardner and seconded by Council Member Allen to approve the final plat as recommended by the Planning Commission and authorize the Mayor to sign it. Mayor McArthur called for a vote, as follows: Council Member Gardner - aye Council Member Allen - aye Council Member Whatcott - aye The vote was unanimous and the motion carried. FINAL PLAT: Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held May 14, 2002, recommended approval of the final plat for Sunset Lane subdivision. A motion was made by Council Member Gardner and seconded by Council Member Allen to approve the final plat as recommended by the Planning Commission and authorize the Mayor to sign it. Mayor McArthur called for a vote, as follows: Council Member Gardner - aye Council Member Allen - aye Council Member Whatcott - aye The vote was unanimous and the motion carried. FINAL PLAT: Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held May 14, 2002, recommended approval of the final plat for Bellsera Townhomes at Sunbrook Phase 2. A motion was made by Council Member Whatcott 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 Whatcott - aye Council Member Gardner - aye Council Member Allen - aye The vote was unanimous and the motion carried. LOT SPLIT: Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held May 14, 2002, recommended approval of a lot split for commercial property located north of the Maverick Store and across from Lins Market on Dixie Downs Road. The lot split would have one main access off of Dixie Downs Road, which would be a joint access easement for both parcels. A joint access easement with property to the east is also proposed. A motion was made by Council Member Gardner and seconded by Council Member Whatcott to approve the lot split as recommended by the Planning Commission. Mayor McArthur called for a vote, as follows: Council Member Gardner - aye Council Member Whatcott - aye Council Member Allen - aye The vote was unanimous and the motion carried. St. George City Council Minutes May 16, 2002 Page Thirteen CONDITIONAL USE PERMIT: Consider a request for approval of a conditional use permit for two temporary modular classrooms at Sunhawk Academy located at 948 North 1300 West. Sarah Weston, agent for Sunhawk Academy, applicant. This item was withdrawn from the agenda at the request of the applicant. CLARIFICATION OF PD ZONE AT HIDDEN VALLEY: Associate Planner Mark Bradley advised that the Hidden Valley Condominiums construction drawings are in the review process. A designated area for RV parking/storage within an enclosed six foot fence is shown on the plans. This was not shown on the plans or described in the PD text which was previously approved. Staff feels the City Council should be aware of the change and either accept or deny it. If the City Council is comfortable with the RV parking/storage, staff recommends that a solid wall, not of wood or chain link with slats, be required around the RV parking area. The applicants are willing to put up a solid wall if the area is approved for RV and boat parking and storage. A motion was made by Council Member Allen and seconded by Council Member Whatcott to approve the change to the PD as requested subject to construction of a solid wall around the parking/storage area. Mayor McArthur called for a vote, as follows: Council Member Allen - aye Council Member Whatcott - aye Council Member Gardner - aye The vote was unanimous and the motion carried. PRESENTATION RE TRAFFIC CONCERNS: Presentation from Mr. Beeching regarding traffic concerns adjacent to his residence at 2090 Sherman Road in the Bloomington Hills area. This item was tabled at the request of the applicant. REQUEST FOR BEER LICENSE: Consider a request for a beer license for BP West Coast Products LLC located at 1572 Convention Center Drive. City Manager Gary Esplin explained this would not be a new license, just a change of ownership at the AM PM store located at the south interchange. A motion was made by Council Member Whatcott and seconded by Council Member Gardner to approve the beer license as requested. Mayor McArthur called for a vote, as follows: Council Member Whatcott - aye Council Member Gardner - aye Council Member Allen - aye The vote was unanimous and the motion carried. AIRPORT LEASE: Consider approval of an airport property lease agreement between the City of St. George and Steven G. Roundy. Public Works Director Larry Bulloch advised that the Airport Board recommends approval. A motion was made by Council Member Gardner and seconded by Council Member Whatcott to approve the lease as requested. Mayor McArthur called for a vote, as follows: St. George City Council Minutes May 16, 2002 Page Fourteen Council Member Gardner - aye Council Member Whatcott - aye Council Member Allen - aye The vote was unanimous and the motion carried. AIRPORT LEASE: Consider approval of an airport property lease agreement between the City of St. George and Amicorp, Inc. Public Works Director Larry Bulloch explained that Amicorp is assuming the terms and conditions of a lease held by Wayne Olsen at a rate of $.10 per square foot. The current lease rate is $.15 per square foot. Amicorp is buying ten T-hangars owned by Mr. Olsen, and the current lease is good through 2007. Amicorp has received notice that the City will be moving its airport. A motion was made by Council Member Gardner and seconded by Council Member Allen to approve the lease as presented. Mayor McArthur called for a vote, as follows: Council Member Gardner - aye Council Member Allen - aye Council Member Whatcott - aye The vote was unanimous and the motion carried. AIRPORT USE AGREEMENT: Consider approval of an airport use agreement between the City of St. George and West Wings Aviation, Inc. Public Works Director Larry Bulloch advised that West Wings Aviation is subleasing a hangar owned by Lynn Ginnochio and will be doing training, aircraft repair and rental. The Airport Board asked them to make arrangements to base their reception area in the old terminal building and gain access through that building to their operations. Brian Christiansen is working with them to provide sun shade services for the aircraft and will be located in the same building. Shawn Ferris, representing West Wings Aviation, was present. A motion was made by Council Member Gardner and seconded by Council Member Allen to approve the airport use agreement as requested. Mayor McArthur called for a vote, as follows: Council Member Gardner - aye Council Member Allen - aye Council Member Whatcott - aye The vote was unanimous and the motion carried. AIRPORT USE AGREEMENT: Consider approval of an airport use agreement between the City of St. George and Brian Christiansen. This item was discussed as part of the discussion concerning the West Wings Aviation airport use agreement, above. A motion was made by Council Member Allen and seconded by Council Member Whatcott to approve the airport use agreement as presented. Mayor McArthur called for a vote, as follows: Council Member Allen - aye Council Member Whatcott - aye Council Member Gardner - aye The vote was unanimous and the motion carried. St. George City Council Minutes May 16, 2002 Page Fifteen TASK ORDER AT NEW AIRPORT: Consider approval of a Task Order for work to be done at the new airport. Public Works Director Larry Bulloch advised that the City is rapidly moving into a program management phase with regard to the replacement airport, and the task orders are another step on the ladder. Carter Burgess will do the work as authorized, which is to do a base line budget or the absolute minimum cost to build the airport, and then an estimate for a first-class airport. The City will then know the ranges for required funding. A motion was made by Council Member Whatcott and seconded by Council Member Gardner to approve the task order as requested. Mayor McArthur called for a vote, as follows: Council Member Whatcott - aye Council Member Gardner - aye Council Member Allen - aye The vote was unanimous and the motion carried. City Manager Gary Esplin advised that Mr. Bulloch has been instructed to utilize the new Airport Manager who is coming on board June 3 as much as possible to reduce the per hour charges of the consultant, which are very high. The City's new Airport Manager is currently the manager of the airport in Cody, Wyoming which has as many enplanements a year as St. George (40,000). APPOINTMENTS: Consider appointments to various boards and commissions of the City. Mayor McArthur recommended appointment of Council Member Orton to the WCIA Board to replace Council Member Isom. A motion was made by Council Member Allen and seconded by Council Member Whatcott to appoint Council Member Orton to the WCIA Board. Mayor McArthur called for a vote, as follows: Council Member Allen - aye Council Member Whatcott - aye Council Member Gardner - aye The vote was unanimous and the motion carried. APPROVAL OF MINUTES: Consider approval of the minutes of the regular City Council meeting held April 18, 2002. A motion was made by Council Member Gardner and seconded by Council Member Whatcott to approve the minutes as amended. Mayor McArthur called for a vote, as follows: Council Member Gardner - aye Council Member Whatcott - aye Council Member Allen - aye The vote was unanimous and the motion carried. Consider approval of the minutes of the special City Council meeting held April 25, 2002. A motion was made by Council Member Whatcott and seconded by Council Member Allen to approve the minutes as amended. Mayor McArthur called for a vote, as follows: St. George City Council Minutes May 16, 2002 Page Sixteen Council Member Whatcott - aye Council Member Allen - aye Council Member Gardner - aye The vote was unanimous and the motion carried. Consider approval of the minutes of the regular City Council meeting held May 2, 2002. A motion was made by Council Member Whatcott and seconded by Council Member Gardner to approve the minutes as amended. Mayor McArthur called for a vote, as follows: Council Member Whatcott - aye Council Member Gardner - aye Council Member Allen - aye The vote was unanimous and the motion carried. MISCELLANEOUS LETTERS: Mayor McArthur read several letters of concern from citizens. FT. PEARCE WASH EQUIPMENT RENTAL: City Manager Gary Esplin advised that several property owners along the Ft. Pearce Wash have been doing excavation of the wash while receiving little payment for it. The City did not have to bid this out because the adjacent property owners are doing the work. Quality Excavation who owns the point in the subdivision, would like to do the excavation and is approaching $35,000 in costs. The City has been negotiating with them while they are improving and shoring up the wash and protecting their own property. Adjacent property owners have done $3 million dollars worth of work in the wash. It was the consensus of the City Council to continue the program. DISCUSSION RE WATER: City Manager Gary Esplin explained that when the Santa Clara River dries up in June or July, and since the West City Springs is no longer in the ditches, the City will be out of irrigation water at the Southgate Golf Course, Tonaquint Park and cemetery. Their sole source of water is the Santa Clara River with supplementation from the West City Springs. Wells water the original 18 holes of Sunbrook, but the new 9 holes are watered by the Santa Clara River. The well used to water Sunbrook is the old Landon Frei well and supplements Entrada and the Canyons complex. However, there is nothing to water Southgate. There is a surface well at Southgate which is being pumped right now, but it is believed that when the river dries up, so will this well. Mr. Esplin advised that he authorized a $25,000 emergency expenditure to install a line from the J. C. Snow Park area which would connect to the storm drain on Main Street which runs under the freeway and dumps into an existing irrigation line adjacent to Southgate. However, there are no funds budgeted for this, although funds could be used from the drainage fund to install the line. The bid for this $25,000 project came in at $52,000, and he expressed concern that this may be a one time use. This does, however, give the City the possibility of tying Virgin River water to the golf course and parks on the west side of the Black Hill. When reuse water is brought on li...

...ngs the park impact fee study did was made an assumption that neighborhood parks would be provided by developers concurrent with a development, and then it was decided this was not the route to go. City Manager Gary Esplin advised that park impact fee funds include funds to build neighborhood and community parks. Mr. Nicholson said that a fee adjustment or credit was needed for neighborhood park improvements. Mr. Esplin advised that more options are available for developers under the density bonus program for the Little Valley area. One concern was what other options there might be for affordable housing, etc., but that value could not be defined. Ron Bracken commented that there are two to three large projects coming to the Planning Commission soon which will want zoning to obtain a higher density before this plan is in place. One project consists of several hundred acres to the south, and they will get a higher density bonus without having to pay for it. City Manager Gary Esplin commented that staff?s position is that an overlay zone should be done now - if it is good enough for the Little Valley area in determining densities, it is good enough for other similar areas. The City, right now, has nothing on the books. The temporary zoning in Little Valley expires in December, and this should be extended. Other areas to consider include Desert Canyons, the South Block, and areas in Green Valley to be annexed. Ron Bracken advised that if this overlay zone were now in place Desert Canyons would also have to improve the park in order to get the density they wish. Ross Taylor commented that the overlay zone would give Desert Canyons more opportunity to redesign some of their work and take advantage of some of the things offered in the overlay zone. Mayor McArthur suggested that a work meeting be held to discuss the Desert Canyons project. St. George City Council Minutes November 29, 2007 Page Six City Manager Gary Esplin advised that there have been a lot of misunderstandings. Staff thought Desert Canyons would sign a development agreement to do the same thing as The Lakes, but they would not sign one. Staff?s position is that they should comply with build-out just like Little Valley is doing. Council Member Whatcott inquired about medium density. The overlay zone allows clustering and creates more open space and provides the ability to build parks and trails, but medium density is not being addressed. Community Development Director Bob Nicholson replied that the committee talked about meeting the first three requirements, and beyond that it is good design and the applicants would have to come in with a PD zone. City Manager Gary Esplin advised that an applicant will have to provide a neighborhood park in order to get to the next requirement, and then to the next. Beyond that, staff could not figure out how to address it. He suggested that if a project had twice the density of R-1-10, perhaps it would have to do something in addition to the neighborhood park, such as a splash pad, etc. Council Member Whatcott inquired if the park impact fee was going to addressed, as this will change the Burningham impact fee study. City Manager Gary Esplin suggested that, for example, in the Little Valley area if someone did a 50 acre project with 10 homes, they would be required to do a park. The impact fee would be paid when the home is built, and a portion of this goes to trails, etc. He suggested that the funds go toward providing something in addition to the park. He stated the committee tried to develop standard for neighborhood parks, assuming it will cost somewhere around $125,000 per acre to build a park. The land for the park would have to be dedicated - and this is what allows the density bonus. This figure does not include amenities, so additional funds would be required for additional improvements to the park. Ron Bracken inquired about four acre parcels. Mr. Nicholson replied that the committee talked about private amenities qualifying, such as a horseshoe pit, trails, etc. However, if someone came in with a two acre parcel, this would be a real challenge. He stated the next step would be to get a draft to the Planning Commission for public hearing. City Manager Gary Esplin commented that this would allow the City to move forward with a development agreement if a project wants to proceed before the overlay zone is in place. City Attorney Shawn Guzman commented that since there is an ordinance pending, there would be no vested right to zoning other than to Open Space and Mining and Grazing. A work meeting with Desert Canyons was scheduled for December 13. Gil Almquist commented that perhaps the City should take a look at other areas on the general plan designated as R-1-10 and if they should be changed to something else to prevent confusion. DEVELOPMENT AGREEMENT: Discussion concerning a proposed development agreement for The Lakes project. Matt Ence of Snow, Jensen and Reece, presented a power point presentation. He explained that the proposed project is the result of a four month process and multiple meetings with staff. Key components include the land use plan, parks and open space plan, and mapping process. A bond will be obtained for improvements attached to each plat to make sure they get built. City Manager Gary Esplin commented that this is a new concept, and timing is key and when it kicks in the challenge. Overall, the developers have offered to meet the spirit of what the City is trying to do in Little Valley with the overlay zone. The property is already zoned R-1-10. The phasing of the parks is the only question. He inquired if a community park would be built by the master developer. Mr. Ence replied that it would. Mr. Esplin inquired if this would be triggered by the number of houses. St. George City Council Minutes November 29, 2007 Page Seven Mr. Ence replied that the community park would be built as determined by the individual plats. The regional park is a different question, but there is still room to figure out when that will happen. An unidentified gentleman advised that more meetings on this issue were needed. A two year bond will be posted for park improvements for every plat that comes in. Council Member Gardner inquired if one parcel were sold, if there would not be any connectivity for two years. The unidentified gentleman replied that a bond would be posted to secure road improvements. When the map comes in for platting, the road will be built and a bond posted for the whole road. City Manager Gary Esplin commented that a traffic study must be done for the entire project with key things that must happen. The applicant would have to build all roads necessary to Plantations Drive and Sunbrook Drive, and then at some point in time a light will be needed at Sunbrook and Dixie Drive based on the volume created. They should also post a bond to pay for the traffic light. He stated the only problem he could see would be connectivity, but he assumes the project will be developed from the top down. The real problem, however, is that the City does not have the right to require them to go out to Plantations Drive as that is in the County. The rest will get built easily as access into developable areas of the project. The real problem is determining when traffic triggers the connection to Dixie Drive. The unidentified man commented property will not be sold at both ends - the property which makes the most economical sense for the business plan will be sold. Council Member Orton inquired if water storage is planned. City Manager Gary Esplin replied that staff could not make it work. There is, however, talk of trading water rights. The applicants have some rights in a well on the other side of the hill by Sunbrook, and there is a possibility of getting some reuse water there. The unidentified man commented that they have enough water sufficient to develop the lakes and irrigate all the parks. City Manger Gary Esplin commented that using reuse water will re...

...ng certain amenities. They have to provide 15% of the land for open space, parks, and trails. This applicant is providing that open space through a community garden and green courts which will be maintained by a HOA. The area along 3000 South will have green courts and nine homes around a common green, with alleys in the back to access garages in the rear. The pavement will be the same as a public street, with curb and gutter and a four foot planter strip and a four foot sidewalk. Homes which front on the street will access their garages by an alley. There are three distinct housing products. According to the City Code, there are three factors which must be met in order to get increased density, and the Planning Commission and City Council must feel that the project has a superior design. The Planning Commission spent considerable time on this issue and the applicant has prepared an in-depth response to this topic. The applicant proposes, and staff agrees, that the homes are well planned; they are single family detached homes. The green court concept is new to St. George but has worked well in other places. There are no privacy walls, the alleys are 20-25' in width, the pavement width is 29' with a 4' planter strip and 4' sidewalk and a 10' setback. He reviewed nearby equestrian uses. A question was raised at the Planning Commission meeting about a buffer from nearby equestrian uses; the buffer is from identified equestrian subdivisions such as Little Valley Ranches and Little Valley Ranchos. There was also discussion about compatibility between people who have horses and those who do not and if this will create a conflict. If the project is approved a note will be placed on the plat putting new residents on notice that they are living in an agricultural area with the accompanying odors and other things typical to an agricultural area. Council Member Bunker inquired if the setbacks were staggered in order to have private streets. Mr. Nicholson replied that setbacks can be staggered on public streets too; the problem is the City Code requires a 20' minimum setback unless in a TND. The applicants are proposing a 10' setback which does not meet public street standards. He advised that the City could changes its standards, or the applicant could do a modification and meet the setback requirements. Mayor McArthur commented that private streets have been an issue and the City has been trying to move away from them. However, a TND also contains other things, such as commercial. The proposed project meets Vision Dixie principles. Jim Raines, Bush and Gudgell, reminded the City Council that the applicant submitted the Fredonia Estates project for this same property which met current zoning, and the City Council asked the applicant to wait for the new General Plan. They did that and worked with neighboring properties to try and develop a good plan. Mr. Fleming is trying to follow the City?s General Plan and Vision Dixie and incorporate concepts of both. The private streets meet all public street standards except for the setback. The applicant wants to bring the houses close to the street for livability and to be pedestrian-oriented. This cannot be done with 20-25' setbacks. The project meets the bonus density, General Plan and PD criteria, as well as Vision Dixie principles. Council Member Bunker inquired if the canal and drainage were addressed. Mr. Raines replied that the canal is no longer needed as there is on-site detention and the irrigation water has been piped. Mayor McArthur inquired if there is secondary water. Mr. Raines replied that there is. Mayor McArthur suggested that language in the deed restriction be changed to say that agricultural operations SHALL not be forced out, instead of SHOULD not be forced out. St. George City Council Minutes October 16, 2008 Page Eight Community Development Director Bob Nicholson advised that the Planning Commission recommended denial on a four to one vote. Council Member Allen inquired about the basis for denial. Mr. Nicholson replied that there were no findings per se, but the Planning Commission felt there was incompatibility between the large lots with horses and more compact lots. John Fleming, Bonneville Builders, applicant, advised that when he was asked to re-approach the project following approval of the Little Valley General Plan, he understood what he was being asked to do with regard to zoning. In addition to meeting requirements he was asked to provide superior architecture. This goal was approached with an eye to contemporary urban design and good planning principles and Vision Dixie was used for further guidelines. The project integrates itself into the community; it has no walls. Daybreak is the best example of this type of community, but it is 4200 acres. This project is situated between two schools, parks and a ballfield to the north and soccer fields across the street to the southwest and is ideally situated for this kind of project. This area is for medium to high density up to a maximum of nine units per acre. The project is 6.2 units per acre. 75% of the units are accessed from interior alleys and the other 25% have garages in the back of the homes. 36 of the homes will be courtyard style and 24 will be alley units. There is a variety of home sizes. Lots range from 1,900 sq. ft. to over 5,000 sq. ft. Homes range from 1,100 sq. ft. to 2,500 sq. ft. and will be market driven as far as the number of each. The homes are designed to appeal to teachers and the workforce. The architectural style is Craftsman. Stucco, stone, and slate roofs will be used. He then reviewed the color palette of the homes. Council Member Bunker commented that Mr. Fleming previously said the CC&Rs will prohibit two identically colored homes from being next to each other. Mr. Fleming said he would like to see that in the CC&Rs. Council Member Allen inquired if this meant that no two houses exactly the same would be located next to each other. Mr. Fleming replied that this is the point of staggering, and perhaps one could be the mirror image of the other and staggered with different colors. He advised that landscaping along public areas will be xeriscape. There are several parks in the project, including a toddler park, pocket parks, trails, and a community garden. The CC&Rs will allow rental of 10% of the units. With regard to increased crime in higher density projects, the Urban Land Institute found crime in higher density areas was not significantly higher. More affordable housing is needed. With regard to horses and incompatibility, he is involved in an equine therapy business and he has never heard of a toddler being trampled by a horse. With regard to flies, there are programs to provide pesticides through horse feed and the use of fly predators. There is also a law in the City which prohibits anyone from maintaining a condition that would encourage the breeding of flies. He then presented a video fly-by of the project. Council Member Allen inquired of Mr. Fleming if a HOA would be formed. Mr. Fleming replied in the affirmative, stating that all property not part of lots will be under control of the HOA. Mayor McArthur called for a brief break. At the conclusion of the break, the meeting continued. Mayor McArthur advised that comments would be limited to 15 minutes. Paul Iverson advised that he had a 15 minute presentation from residents in the Little Valley area. He stated he is a general contractor. The motivating factor of the developer is money and profit. He stated the residents of Little Valley want to present more things for consideration. The developer previously had a subdivision approved that would be far more compatible but the City Council told the developer to hold off so he could get higher density. St. George City Council Minutes October 16, 2008 Page Nine Council Member Almquist commented that it was the former City Council who said this. Mr. Iverson continued saying that several residents would be presenting various issues for consideration. He advised he would be presenting a petition to the City Council. Paul Gooch, a resident of Little Valley, stated the proposed project creates a compatibility issue. He distributed a picture to the City Council. He advised that Jim McArthur has a unique piece of property with 700' feet adjacent to the proposed project, 400' of which is corral. Mr. Gooch stated that he has horses within 120-150' of his home and the effects of the horses on the home are real - he has flies and dust. There will be an acute incompatibility problem. It is self-evident truth that agricultural uses always lose out to higher density development, and there are many examples of this throughout the City. At some point someone wisely said that Little Valley would be the area where this could not happen. Residents in Little Valley have begged and pleaded for some contiguous zoning, instead, they are being surrounded by this type of proposed density. This development would be the nail in the coffin of agricultural use in Little Valley. Residents of Little Valley want to ask if there is any value to the City in having a place where agricultural uses can take place. The residents of Little Valley are there for the very specific rights granted by agricultural zoning. The more the City urbanizes, the more demand there is for agricultural uses. Much has been said about the aesthetics of one acre lots, but to those who live there, they are the most beautiful places on earth, and the residents there love the smells and sounds. Another great commodity of this lifestyle is the children it can produce through agricultural use. Katelyn Davies, President of the Desert Hills FFA Chapter, advised that without the land use in Little Valley their program would not exist. Their program consists of leadership based on agriculture and taking away the agricultural land kills opportunities for future students. John Powell advised that he relocated to Little Valley because of the rural feel. He expressed concerns about safety issues, mostly relating to the small size of the proposed streets and proximity to sidewalks and schools and increased traffic. The project is located immediately east of Little Valley Elementary and the roadway through the development is 30' wide. Minimum City standards for a public road is 50'. A 30' road does not allow room for wiggle, and barely allows distance for two vehicles to pass each other. The street width would not allow parking and the HOA is usually the enforcing entity, and most fail to enforce parking and residents end up parking along the private roads. Modified curbs also allow parking on the sidewalks, making it difficult for children to get through. Another concern is the sheer number of houses and increase in traffic. He stated there is already gridlock in the area at 9:00 a.m. when children are dropped off to school. An additional 90 homes will generate 900 additional trips per day, and there is no public transportation in the area. He stated the applicant says the development is a positive thing to have next to schools, but he cannot think of anything worse than to have 900 cars driving back and forth where kids are walking to and from school, not to mention the construction equipment. David Harris advised he moved from Colorado to Little Valley and is a financial consultant. He stated the comparison made by the developer that this project is like Daybreak is like comparing Los Angeles to St. George. The socioeconomic structure of Daybreak cannot be compared to this project because of its size and community purpose and should not be used as a ruler for this project. As far as the need for workforce housing, currently there are 807 homes on the market, not including multi-family, and they are on the market for an average of 186 days. Today?s economic problems have come from artificial growth in housing. All the studies and growth assumptions quoted cannot be used because everything has changed. People, including police officers, nurses, teachers, and principals who signed the petition were asked if the proposed development is a place they would want to live and not one person said they would want to live there. He stated that while the development is beautiful, no good proof was given why it should be there in today?s market. Aaron Klomp, a physician, requested that the public be given the same amount of time for comment as the applicant. He stated that a 14 acre project is not big and should be just 14 houses. The project area is small and the urban park is just a gazebo. With regard to the crime issue, he stated he read the same articles as the applicant, and they St. George City Council Minutes October 16, 2008 Page Ten suggest two things: within a short amount of time, five to ten years, the crime rate skyrockets, and in talking to police officers, one commented that crime is to be expected when people are stacked on top of each other. With regard to safety, he made a call to Primary Children?s Hospital to speak to a colleague, and his comment was that most children in intensive care units are there because of auto/pedestrian accidents, with most of those vehicles having backed over children. Those same articles mention that it must be taken into account that little children play on every square foot of property. One of the comments made by the applicant is that they want to welcome the community with open arms and integrate into the community. The only community associated with this development is Little Valley, and this project is a perfect example of urban sprawl. In Mr. Fleming?s remarks, he stated that the horses should be fed a different type of feed, and this is not compatible. Paul Iverson advised that James and Debra McArthur asked that their letter in opposition to the project be presented to the City Council and made a part of the minutes. See Exhibit ?A? attached to the official copy of minutes. The Planning Commission heard a request from Craig Brinkerhoff to expand his veterinary clinic, and this was met with opposition from residents because of the sounds, smells, etc. Lewis Meats and the veterinary clinic were the first things out in that area, and since then zoning has allowed residential development around them, and now the residents are asking that the entire veterinary clinic be moved. The City Council now has an opportunity to prevent this same problem in Little Valley - there is no happy medium. He advised that he is also involved in an equine therapy business, and the horses used in those programs are not the same as the horses he keeps in his pens. The horses in his pens will bite and kick a person. He advised that Vision Dixie consisted of a general plan, general ideas and general input. He presented a petition to the City Council signed by 750 people in opposition to the request. Only seven people refused to sign the petition. Comments made by those who signed the petition include ?the development will ruin Little Valley? and ?its not right to put that kind of density next to schools?. He requested that the zone change request be denied. Ed Baca, addressing Mr. Fleming, stated that a new HOA board could vote to change the 10% rental policy. He inquired if there would be any restrictions limiting sale of a unit for three years, or some kind of rental controls. Todd Parry advised that he lived by the park, and while the proposed plan is beautiful, it does not look like the houses in the Knolls and is in the wrong place. He suggested it be built in the fields to the east where there is nothing yet and is closer to the airport and will not disrupt the area which is already built. It would also be suitable on the rim between the housing and the business park, but to drastically change a community is inappropriate. The City has put millions of dollars in parks, which is a big revenue generator. The City needs to put its best foot forward, and this project does not do that. The elementary school is already full. The proposed development is in the wrong place and should be put somewhere where it will not change the community already developed. Tom Finada, a new resident, advised that he moved from the northwest for the sunshine, schools and safe Little Valley community. He stated he liked the 50' wide streets, his children ride their bikes to school, and the area is safe. While the project is beautiful, there was a similar project in Oregon and the residents couldn?t even back their cars around in it. Residents in Utah have big families and big cars. He stated he heard the College was looking for more students housing, and he suggested this project be located in the downtown area. Janoie Milne advised she is a licensed clinical social worker working with children up to the age of 18. She advised that crimes against children increase when the population increases in neighborhoods. She stated that the more dense the population, the more children are harmed. When speaking about children possibly getting injured by horses, the residents are concerned about teenagers who will come into their property when no one is home and possibly getting injured. Paul Gooch commented he would like on the record that if a 100' radius line from the back of Jim McArthur?s property is used, it would encompass one third of the homes in the proposed development. St. George City Council Minutes October 16, 2008 Page Eleven Jill Wiscombe commented that teachers from Little Valley Elementary signed the petition against the proposed development. Teachers do not want this development. The school area is already congested at 8:00 a.m. and 3:00 p.m. Mayor McArthur commented that he spoke with the School Superintendent about notes that were sent home with children from school illegally and he agreed this was not right. He advised the Superintendent asked the principals if they would welcome the project, and they said yes, they would love it. Greg Wagner, a resident of the Knolls, stated he was curious why the Planning Commission voted down the project on a four to one vote and that this would be important to look at. He stated when there is a tournament at the nearby softball diamonds, the parking situation is a mess. He stated he has driven through many projects with private streets, and while they may not be a problem in a 55 or older community, they are a problem when you have families with small children and there are rollback curves and cars are parked on the sidewalks. He inquired how many parking stalls per home would be provided. Shanna Klomp inquired if there was an ordinance limiting a structure to at least 100' away from a corral. Mike O?Reilly, a resident of the Knolls, commented there were two environmental issues not mentioned. Across the street from the subdivision on Horseman Park Road is a mining operation which will last for another ten years. Dust in the lower valley is a problem and the area is a dust bowl. Another high density project in this area is not needed, nor will they like the dust. Another issue is noise. The new airport will create noise and there will be a lot of complaints. He said it was a mistake to put a medium density project in this area. Miriam Fullerton advised that she paid good money for her acre of property and home, and she agrees with the people from Little Valley. She stated that Jeff Adam?s seven-plex project at River Road and 2450 South looks like apartments and he is selling them as apartments. She asked what would be different with this project. There being no further public comment, Mayor McArthur closed the public hearing. John Fleming, applicant, advised that he spoke with the School Superintendent and Police Department and there is no data to substantiate the fact that higher density leads to a higher crime rate. He advised that the zoning is not being changed, it has already been zoned, and he is simply meeting the zoning requirements the City has already identified for this area. He stated he was not taking away anyone?s rights or land, and this kind of urban design preserves open space. He advised he was pursuing his own rights as outlined by the City and its General Plan. There are two parking spaces per home and six additional spaces in the interior of the project for visitor parking. Parking is allowed on the main street as it is 50' wide with a sidewalk. Council Member Bunker inquired how far back the sidewalks were from the main street. Mr. Fleming replied there is a total of 50' to the back of the sidewalks. There is also high curbing, not roll back curbing. Some of the units have driveways which are 30' long and could accommodate an RV. One third of the units have additional parking in the driveway. Community Development Director Bob Nicholson clarified that in the A-1 and RE-20 zones, a 50' separation is required from corrals to dwellings. This would not, however, prevent this project from coming within 50' of the horse corrals because there is no separation requirement when a new dwelling is built adjacent to agricultural ground. Mayor McArthur commented that there is a problem mixing livestock with people, but the master plan for Little Valley has been approved and adopted. The Planning Commission is just a recommending body and the City Council is not obliged to follow their recommendation. The Little Valley master plan says this kind of development is allowed. St. George City Council Minutes October 16, 2008 Page Twelve Council Member Shakespeare commented she can understand the developer?s position and the homes are nice. However, she cannot deny the fact that she has concerns with the development. She read four statements from the City?s General Plan, citing that the residents of every community have the right to the quality of life they wish to preserve. She stated she felt there was a part of the community who wants to live a rural lifestyle and the City has a responsibility to protect that quality of life. She expressed concern with putting high density housing next to agricultural zones which will create problems within neighborhoods, and the last thing she wants to do is pit neighbor against neighbor. She stated she understood there is a right to hold on to agricultural property but because of public opinion against what is happening in the agricultural zones, it will be driven out. She stated she felt there was a need for agricultural areas. Another section in the General Plan states the City must assure that new development is organized and integrated with existing neighbors. She stated she could not see that this project integrates with existing neighborhoods and a phasing-in process is needed adjacent to large lots. The General Plan states that the City wants to encourage different housing types, and this project is an enclave of affordable housing because of the price range. With regard to crime, she advised that she sat down with the police, but their statistics are not separated so no distinction can be made with regard to what is causing crime. However, when there are enclaves of affordable housing eventually there is crime. She advised that her daughter lives in a similar development in Las Vegas and complains that there is no place for anyone who visits to park, there is no privacy, and short driveways, and even though the units are not that old, most have turned into rentals. She stated she believed that is where this project is headed. She stated her strong opinion is that the City has a responsibility to the School District to put its very best housing around schools, and one of the problems Dixie High School experienced was due to housing around it which turned into apartments. The City has the responsibility of what this project will be 30 years from now so that it does not create problems for school administrators or for the neighborhoods and parks which surround it. She stated she did not feel the project was in the best interests of the neighborhood or community. At the Planning Commission meeting, the Assistant City Attorney made a comment that the Planning Commission could deny the request based on the fact that the project was not in the best interests of the neighborhood or community, and speaking to Commissioner Chapin Burkes, that is why he made the motion to deny the request. Council Member Almquist commented that he served for 15 years on the Planning Commission, and decisions were made that were not popular with the majority but turned out great, and other decisions turned out to be not so great. He stated he felt the proposed project was too dense, he did not like the private streets, there is not enough parking for teenagers, and he worried about access to the front doors off the alley ways. While Mr. Fleming has property rights, the burden of proof is more on the newcomer than on the people who are already there. He stated he felt Little Valley residents are being asked to give too much, and he felt the Foothills project was the foot in the door to higher density in Little Valley. He stated he did not feel it was fair to put the Little Valley residents on the defense and it was not fair that someone sold their property with the intent of benefitting while leaving their neighbors with a problem as they deposit a big, fat check. He suggested that Little Valley neighbors get together and form an investment club to control what happens around them. He stated he did not like the fact that the proposed project would be about the densest project in the southeast quadrant of the City. He stated he worried about traffic around the schools, and lastly, was not in favor of the project based on statements made. He stated he was also concerned with the way Little Valley looks and the garbage that is everywhere. He stated that if Horseman?s Park wants to be the western side of the agricultural area, it should look the best. He stated he would love to see the half-acre subdivision as originally proposed by Mr. Fleming for this site. He stated he was sorry Mr. Fleming was led astray and he would have voted for the half-acre project. He stated he did not know if there could be great homes on half acre parcels and the developer still make money, but he would love to put this same project on the same acreage where Horseman?s Park is, on the western boundary, but at the same time to infringe on property in the middle of an agricultural area does not work. Council Member Bunker commented it was hard to be on the City Council and make the right decisions as they are not seers. She stated it concerned her the City Council went to all that work and effort on the Little Valley General Plan. She stated the owners of St. George City Council Minutes October 16, 2008 Page Thirteen property in Little Valley have a right to improve their property. The City tried to make it so higher density would graduate into pockets of agricultural use, with equestrian trails, and a mix of low and medium density. Then, so there would not be any urban sprawl, the City approved a density bonus program. She stated that homes in the early 1900's were built with front porches for a neighborhood feel and some time in the 50's porches were moved to the back and yards fenced in so there was no more comradery between neighbors, and garages replaced front porches. When she ran for City Council her main platform was new urbanism or smart growth which is a method of planning back to the roots of what was built in the 1920's to build connectivity. She advised that her son lives near Daybreak, and she has also visited the Kentlands, and in these developments people care about each other. She stated she loved the concept of pocket lawns, and the proposed project fits well into the General Plan the City Council worked so hard on. She stated that several things about the project were very good such as building an interconnected community where people can walk to school and work, 6.5 acres of open space, and it meets all criteria for the bonus density program. The project contains green courts and a community garden, there are sidewalks on both sides of major streets, and the project is perfect for what the City is trying to accomplish. She stated it would make her sad to scratch the whole thing. Council Member Allen commented that narrower streets are traffic calming. The City Council worked long and hard on the Little Valley Master Plan, and some Little Valley residents? subdivision are built on what was once agricultural land. When a project meets codes, it is hard to say that City Council Members have changed their minds. When this project came in as half-acre lots there was discussion that half acre lots in the City have turned into junk messes. The City is not blessed with a lot of water, and either a lot of sprinklers are needed or the yards turn to weeds, or there is a horse in the backyard. This particular site is a good place for housing around the schools and parks. Council Member Pike commented that all communities evolve, but h...

...and the client has asked for the City to maintain those medians. The City Parks said they would be willing to maintain those medians once the roadway is complete, and upon approval of the City Council.Assistant City Attorney Joseph Farnsworth asked if there will be plants in the medians while the roadway is under construction.Curt Gordon Desert Canyons Development replied they probably won¡¦t plant in the medians until the City is ready to maintain it. There are under drains and irrigation sleeves they need to put in now but not plants.Commissioner Campbell made a comment that a pedestrian trail adjacent to a road is not a good plan. There needs to be some negotiation, for a planter strip between the curb and trail. He feels the trail will not be useable unless it has some separation from curb.Curt Gordon replied they are making an extra wide sidewalk so they are required as a developer to have an average 15 ft. of landscaping along the frontage. The landscape strip the City is asking for and the extra wide sidewalk takes up the entire 15 ft. width. They would be happy to put landscaping along both sides of the sidewalk. But they want to make sure they can count some of the landscaping within the right-of-way to receive credit for it.Assistant City Attorney Joseph Farnsworth said the ordinance state¡¦s there needs to be a 15 ft. average width of landscaping outside of the right-of-way. Curt said he doesn¡¦t believe as part of their dedication plat they are required to have landscaping. But they want to do correct planning. He would not like to see his dedication plat held up because of this. They would be happy to work with City staff on this issue.Commissioner Campbell asked Assistant City Attorney Joseph Farnsworth if the board could approve the final plat with a notation that the developer will work with City staff on this issue.Assistant City Attorney Joseph Farnsworth replied they could.MOTION: Commissioner Campbell made a motion to recommend to City Council approval for a roadway dedication final plat request for Desert Canyons Parkway Extension 1 located on the north and south of Exit 6 of the Southern Parkway and in addition a recommendation for the developer and staff to work on the issue of the trail proximity to the roadway also the recommendation the developer will not plant the median¡¦s until the completion of the roads after which the City will maintain the landscaping strip and authorize Chairman to sign. Commissioner Taylor seconded the motion. All voted aye.B. Consider approval of an amended sixteen (16) lot single family residential subdivision final plat request for ¡§Whisper Ridge Phase 2, second amend and extend¡¨ Located on the northeasterly side of Indian Hills Drive at approximately 1020 West and 1040 South in the Whisper Ridge development (across Indian Hills Drive from the Riverwood and Brookfield Estates developments). The representative is Mr. Jim Raines, Bush & Gudgell. Case No. 2011-FPA-027 Todd Jacobsen Project Manager presented this item. He said the purpose of amending Whisper Ridge Phase 2 Amended and Extended is to change Note 10 in the General Notes and Restrictions. Note 10 used to read ¡§Lots 3-5 and 9-17 are to be built as ¡¥walkout basements only.¡¦ The note now reads ¡§Lots 18-24 are to be built as ¡¥walkout basements¡¦ only, Lot 19 is to be built as ¡¥walk-up¡¦ only, unless otherwise approved by the City of St. George Community Development Department based on a site plan that meets all applicable City Standards, including but not limited to grading and setback standards and requirements. No other changes are made or intended with this plat.C. Consider approval of an amended eight (8) lot single family residential subdivision final plat request for ¡§Whisper Ridge Phase 3 amended¡¨ located on the northeasterly side of Indian Hills Drive at approximately 1020 West and 1040 South in the Whisper Ridge development (across Indian Hills Drive from the Riverwood and Brookfield Estates developments). The representative is Mr. Jim Raines, Bush & Gudgell. Case No. 2011-FPA-028 Todd Jacobsen said this final plat needs to be tabled and will be heard at the next Planning Commission meeting on September 27, 2011.D. Consider approval of a six (6) lot single family residential subdivision final plat request for ¡§Sun Valley Phase 4¡¨ located in Little Valley east of Little Valley Road at 3580 South. The applicant is KDQD, LLC (Quality Development) and the representative is Roger Bundy, R & B Surveying. Case No. 2011-FP-023 Todd Jacobsen Project Manager said this is a six (6) lots single family residential subdivision. Sun Valley Phase 4 is located in Little Valley east of Little Valley Road at 3580 South. E. Consider approval of a ten (10) lot single family residential subdivision final plat request for ¡§Sun Valley Phase 5¡¨ located in Little Valley east of Little Valley Road at 3580 South. The applicant is KDQD, LLC (Quality Development) and the representative is Mr. Roger Bundy, R & B Surveying. Case No. 2011-FP-024 Todd Jacobsen Project Manager said this is a ten (10) lots single family residential subdivision. Sun Valley Phase 5 located in the Sun Valley Development. He said the final plats are ready for Planning Commission¡¦s consideration for approval.MOTION: Commissioner Hullinger made a motion to recommend to City Council approval of the final plats B, D, and E read into record and authorizes Chairman to sign. Commissioner Campbell seconded the motion. All voted aye.CONDITIONAL USE PERMITConsider a request for a conditional use permit to extend the height of an existing fifty foot (50¡¦) high wireless tower to a total height of ninety feet (90¡¦). The site is located approximately at 2585 East 1800 North atop a hillside north of the Serenity Hills subdivision. Case No. 2011-CUP-013Bob Nicholson Community Development Coordinator said this is a request to extend the height of an existing fifty foot (50¡¦) high wireless tower to a total height of ninety feet (90¡¦). The expanded tower would be co-locatable with related equipment enclosure(s). This project is called the Atlas Tower Stone Cliff site ¡§UT004¡¨ and would consist of expanding the height of one existing (1) co-locatable wireless tower by adding forty feet (40¡¦) to it, and to provide the required unmanned communications facilities. The original monopole was constructed in 2006. This site is atop of a hillside north of the Serenity Hills subdivision. The site is best accessed through the Stone Cliff subdivision. The site has legal access from East Rasmussen Drive across the Dixie REA property and across the Bateman property to the cell tower site.Bob suggested instead of having four equipment shelters perhaps they could provide a building where three or four tenants can be housed with individual locked doors. Bob mentioned there was no opposition letters received. He said Kay Traveller sent a letter in support for the tower.Bob pointed out on the slide presentation there is a pager tower and a shelter on the site. He said the recommendation is to take it down if it is not being used. He said extending tower would be steel and painted tan to match the existing fifty foot (50¡¦) coloring.Commissioner Campbell asked if this is the beginning of an antenna farm similar to Webb Hill. Will there be other sites that will want to hook onto this. Bob said the 90 ft. antenna would allow additional 3-4 users to co-locate on one pole. Jerome Gourley representative said the approach is an extension for the existing tower. The idea of constructing an equipment shelter to accommodate more than one provider is acceptable. They have an interest request from Verizon to place antennas on this tower. They don¡¦t envision this will become another Webb Hill. Commissioner Taylor said there seems to be an uncertainty on what you will do with the pager tower. Can that be firmed up?Jerome said they will be removing the pager tower and its shelter. Commissioner Read asked about the ordinance for fencing. He said it states ¡¥Monopoles shall be fenced with a six foot (6¡¦) vinyl coating chain link fence or other fencing as approved or required by the Planning Commission.¡¦Assistant City Attorney Joseph Farnsworth said they would have to condition the motion without coating for the fencing.Bob read a proposed draft motion based on conditions and findings.It is recommended to the City Council by the Planning Commission that approval be given to extend the existing fifty foot (50¡¦) high monopole by forty feet (40¡¦) for a maximum height of ninety feet (90¡¦) for the Atlas Tower Stone Cliff ¡§UT004 site, to allow construction of the new associated equipment enclosure, to paint the extended steel monopole tan to match the existing color, to arrange removal of the obsolete pager antenna tower if no longer in service along with its associated equipment enclosure, to construct one (1) enclosure large enough to accommodate all tenants and improve site aesthetics, and to apply the following findings;„Ï Planning Commission to determine if this location will meet any city aesthetic concerns.„Ï Meet related fire and electrical codes.„Ï A CUP is required for a height of 90 ft.„Ï Planning Commission determine if the monopole location is consistent with the character and purpose of the zone.MOTION: Commissioner Read made a motion to recommend to City Council approval for a conditional use permit to extend the height of an existing fifty foot (50¡¦) high wireless tower to a total height of ninety feet (90¡¦). The site is located approximately at 2585 East 1800 North atop a hillside north of the Serenity Hills subdivision and to allow chain link fencing without coating and recommend to City Council to allow equipment enclosure to be painted tan, also remove the pager tower if no longer in service and its associated building. Commissioner Taylor seconded the motion. All voted aye.ZONING REGULATION AMENDMENT ¡V PUBLIC HEARING (5:00 P.M.)Consider a zoning regulation amendment to Title 10 ¡§Zoning Regulations,¡¨ Chapter 13 Overlay Zones Article E ¡§Density Bonus Overlay Zone¡¨ to eliminate Article E in its entirety. Case No. 2011-ZRA-011 Bob Nicholson Community Development Coordinator said this is a request to consider deleting Chapter 13E from the City Zoning Regulations, Title 10 Zoning Regulations, Chapter 13E to eliminate the Density Bonus Overlay Zone provisions. The Density Bonus Overlay Zone was adopted on February 7, 2008 with primarily two objectives:Have neighborhood parks and trails (i.e., subdivision amenities) provided by developers concurrently with new subdivision development, andTransfer the burden of providing neighborhood parks and trails from the general taxpayer to the subdivision developer.This chapter was applied to two areas; 1) in the southern portion of the city near Utah-Arizona state line and 2) in a future annexation area known as the Tonaquint Valley annexation area (primarily SITLA land).Bob said some of the problems they see with this is that regulations are not City wide, small parcels, complicated, and much of the land area within the DBOZ area is already zoned R-1-10 as a result of the zoning which was approved for the area when annexed into the city in 1982. Bob said due to the various problems mentioned above, staff recommends that the present ordinance be modified to address the problem areas or deleted entirely. A more equitable and efficient alternative to the Density Bonus Overlay Zone provisions would be to amend the present Parks Impact Fee to cover the cost of neighborhood park land acquisition. Since Impact Fees are city-wide, all new development would contribute equally to the development of the park system and the size of the parcel would not be an issue since the impact fee is applied to the dwelling unit building permit.Bob said he spoke with the City¡¦s Legal Dept and they agree that the Bonus Density Overlay Zone should be deleted. Assistant City Attorney Joseph Farnsworth confirmed that Legal Department agrees that the ordinance should be deleted.There was discussion on whether or not there would be a cost for parks and recreation placed on the Impact Fees.Stacy Young Quality Development said they are impacted by this ordinance. Their support is to delete this ordinance as well. One real issue with the smaller parks was putting them in with your first phase it became a financial burden. The other issue this ends up being a private park. This created a sea of private parks and trouble with neighbors. John Tebbs said he owns 13 acres in Litt...

...eorge Marathon, the NJCAA Softball Tournament held at the Canyons Complex, Parks Planning projects totaling approximately $13,000,000 , adding new pickleball courts as well as saving the City a significant amount of money by planting trees at the City’s greenhouse for use around the city. He advised the City Council the Pickleball Association (Soup Group) will be presenting the City a check for $63,000 to build additional pickleball courts. City Manager Gary Esplin explained the recommendation in the 2012-2012 fiscal budget includes parking lots, restrooms and 10 additional pickleball courts in addition to the 2 that will be built using the donation from the Pickleball Association. Mayor McArthur inquired what will be between the courts. Mr. Perkins answered there will be concrete with shade structures which are included in the budget request. City Manager Gary Esplin noted the City can add additional courts in the future. He explained if the budget is approved, the courts can be done in time for the Senior Games. Mayor McArthur asked what is going to happen with the trails that are marked. Mr. Perkins explained staff is going out for bid to bring in additional asphalt to pave the area. City Manager Gary Esplin stated he has heard concerns pertaining to the School District not bussing students in the Bloomington Hills area because the walkway under the bridge in the Fort Pierce area has not been completed. He has been advised the trail will be completed by the next school year so that students will be able to get to the bus stop. Mr. Perkins added the budget requests include the cremation garden at the Tonaquint Cemetery and add additional seasonal employees in the Parks Department. He explained the biggest challenge for Parks is to upgrade the older facilities including playgrounds. Mayor McArthur commented when the park is complete, the trail needs to be fixed. St. George City Council Minutes May 22, 2012 Page Three City Manager Gary Esplin stated these are high visible parks and the City might want to consider using capital funds to upgrade playground equipment to have an immediate impact on citizens using those parks. Mr. Perkins explained staff is trying to make the Pioneer Center a destination point and would like to see the Opera House utilized more. There are plans to build an amphitheater on the north side called Water Walk Plaza that will have 60-80 seats with a stage that can be rented out for events. Staff is also working on contacting people for a feasibility study. There is a proposal for a sculptor to come in to inspect clean and wax all sculptures throughout the city for $2500 a year. Mayor McArthur stated the School District may want to include their sculptures since they are located in public space in the city. City Manager Gary Esplin asked if the City had any bronze sculptures that were not being displayed. Mr. Perkins said there are two that were purchased several years ago. Mayor McArthur stated they needed to be displayed. City Manager Gary Esplin believes the Arts Around the Corner committee could suggest where to display them in addition to adding plaques. Councilmember Bunker stated she sent an email to the Art Around the Corner board members asking them if they would like to take over the responsibility in caring for the sculptures. Councilmember Almquist asked if there were plans to build a park near Cabinetek. City Manager Gary Esplin explained the park is on the list using park impact funds. Sunset Park near Sunset Elementary will be next and then the park by Cabinetek. Councilmember Pike inquired where the pickle ball courts were going to be added at Worthen Park. Mr. Perkins stated there is room by the existing courts to add 8 feet of asphalt to add courts. Also at Snow Park, a futsol court will be added. City Manager Gary Esplin explained there is a combined amount of $50,000 in the 2012-2013 fiscal budget to pay for the courts at Worthen Park and Snow Park. Also, the City is looking at putting a restroom at Christensen Park and finishing the one at Cox Park. Mayor McArthur inquired if all parks have restrooms. Mr. Perkins stated not all parks have restrooms, but there are plans to put one at each park. Coun...

...ty Manager Adam Lenhard noted the standard to which the City is developing parks today; they are a significant step above older parks.  There are some real opportunities with the way parks are developed now versus when this park was built.  The neighborhood meeting would assist staff in getting input from residents to plan the park.   Resident Rick Walker stated that he is concerned about the park going away.  The first time he heard about this item is on social media.  His grandfather is the one who donated the land for the park.  The idea of taking that is away is frustrating.  He would like the vote to be postponed until after the neighborhood meeting.        St. George City Council Minutes May 3, 2018 Page Two   Mayor Pike explained the City typically meets with residents when parks are planned; however, this particular situation is a bit different.  City Manager Adam Lenhard agreed and stated that this was an oversight.   Resident Ryker Luce read a letter he wrote asking the Council to build a park first as promised.   Resident Amy Luce commented this is more than a park to the residents in the area.  She read a letter she wrote asking the Council to follow through with building the park prior to removing this one.  She then asked that the vote be postponed until after the neighborhood meeting.    Resident Tadd Derrick mentioned that residents are worried about being able to maintain their quality of life as growth moves forward.  He does not want to lose the park until the replacement is built.   Resident Emily Murphy noted she is a resident as well as a realtor.  She asked the Council to delay the vote until the neighbors have a look at what is being built.    Mayor Pike explained that a neighborhood meeting will give the City a chance to show residents what the entire project will look like.  He noted there will be residential, not just commercial.  The developer and the City will be very involved as there is a development agreement.     Resident Diane Braithwaite mentioned that she has lived on Lava Flow for eleven (11) years.  She is not against the bicycle skills park; however, she is against it being in the proposed area.  This is a floodplain so she believes it will be washed away one day.  She asked what Open Space (OS) is and why this is allowed in a residential zone.   Planning & Zoning Manager John Willis explained the Open Space (OS) does permit for parks and recreation.  He added that most of this property is zoned R-1-10 which would allow for a bicycle skills park with a conditional use permit.   Mayor Pike noted that the City does not have too many parcels with 80 acres to build a bicycle skills park.  The plans have been done with flood potential in the area.    CONSENT CALENDAR: City Manager Adam Lenhard explained how a consent calendar works.  He pointed out item 2d should read to award the bid to Western Rock Products.  He then asked the Council if they would like to remove any of the items to discuss.   a.         Consider approval of the financial report for March, 2018.   b.         Consider approval of the minutes from the meeting held on April 19, 2018.     St. George City Council Minutes May 3, 2018 Page Three   c.         Consider award of bid to Interstate Rock Products for the Ledges Roundabout Modifications.   d.         Consider award of bid to Western Rock Products for the Dixie Drive/Airport parking improvements.          e.         Consider award of bid for the Commerce Drive Waterline Extension project.   f.          Consider approval of a Professional Services Agreement with Conservation Technix, Inc for the St. George Parks and Recreation Master Plan Update.   g.         Consider approval of a local consent for Wingers located at 188 South River Road.   MOTION:      A motion was made by Councilmember Bowcutt to approve the consent calendar as presented. SECOND:        The motion was seconded by Councilmember Randall. VOTE:             Mayor Pike called for a vote, as follows:   Councilmember Hughes – aye Councilmember Randall – aye Councilmember Bowcutt – aye Councilmember Baca – aye           The vote was unanimous and the motion carried.   PUBLIC HEARING/2018-19 ANNUAL ACTION PLAN FOR THE CDBG PROGRAM: Public hearing and consider approval of the 2018-19 Annual Action Plan for the Community Development Block Grant (CDBG) program.   Erich Chatham with Civitas Consulting provided a PowerPoint presentation covering the following topics: 2018 Action Plan anticipated funds; Citizen participation events; Consolidated Plan – priority needs; Action Plan: goals; Action Plan: CDBG Projects & funding; CDBG Projects: public facilities & infrastructure; CDBG Projects: public services; and HUD submission.    Mayor Pike opened the public hearing.  There being no comment, he closed the public hearing.    MOTION:      A motion was made by Councilmember Hughes to approve the 2018-19 Annual Action Plan for the CDBG program and proposed budget review. 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 St. George City Council Minutes May 3, 2018 Page Four   Councilmember Bowcutt – aye Councilmember Baca – aye           The vote was unanimous and the motion carried.     PUBLIC HEARING/ORDINANCE/GENERAL PLAN AMENDMENT:  Public hearing and consideration of an ordinance changing the General Plan from Low Density Residential (LDR) and Open Space (OS) to Commercial (COM) on 0.50 acres located at approximately 850 North Valley View Drive.   Planning & Zoning Manager John Willis presented the request to change the General Plan from Low Density Residential (LDR) and Open Space (OS) to Commercial (COM) on 0.50 acres located at approximately 850 North Valley View Drive.  He presented a PowerPoint presentation covering the following topics:  zoning map; current general plan; general plan amendment exhibit.  The Planning Commission recommended approval.   Mayor Pike opened the public hearing.  There being no comment, he closed the public hearing.   MOTION:      A motion was made by Councilmember Baca to change the General Plan from Low Density Residential (LDR) and Open Space (OS) to Commercial (COM) on 0.50 acres located at approximately 850 North Valley View Drive. 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 Baca – aye           The vote was unanimous and the motion carried.   PUBLIC HEARING/ORDINANCE/GENERAL PLAN AMENDMENT: Public hearing and consideration of an ordinance changing the General Plan from Low Density Residential (LDR) to Commercial (COM) on 2.31 acres located at the southeast corner of Dixie Drive and 600 West.   Planning & Zoning Manager John Willis presented the request to change the General Plan from Low Density Residential (LDR) to Commercial (COM) on 2.31 acres located at the southeast corner of Dixie Drive and 600 West.  He presented a PowerPoint presentation covering the following topics:  aerial map; general plan: LDR & COM; zoning: R-1-10; and photos of the area.  The Planning Commission recommended approval.     St. George City Council Minutes May 3, 2018 Page Five   City Manager Adam Lenhard mentioned a letter received from a resident regarding this request.   Mayor Pike opened the public hearing.    Resident Chris Fee noted there were several residents who were in opposition at the Planning Commission; he felt they were not heard so they didn’t show up tonight.  He is concerned with increased traffic.    Resident Rod Price commented that the Planning Commission did not listen to them.  He does not want to see increased traffic and asked the Council to consider the type of commercial.   Mayor Pike explained this is a general amendment, not a zone change.  Uses and types of commercial are not discussed at this time.       Resident Sue Wilson mentioned that the entire neighborhood is frustrated.  She hopes the Council will look at how traffic will flow.   City Manager Adam Lenhard clarified this is not a zoning decision; it will remain R-1-10 until the applicant returns with a zone change request.    Mayor Pike closed the public hearing.   Councilmember Hughes stated he is concerned that this is an odd intersection.     MOTION:      A motion was made by Councilmember Randall to change the General Plan from Low Density Residential (LDR) to Commercial (COM) on 2.31 acres located at the southeast corner of Dixie Drive and 600 West. SECOND:        The motion was seconded by Councilmember Bowcutt. VOTE:             Mayor Pike called for a roll call vote, as follows:   Councilmember Hughes – nay Councilmember Randall – aye Councilmember Bowcutt – aye Councilmember Baca – nay Mayor Pike – aye           The motion carried.   Mayor Pike noted the residents may like “office neighbors” better than a more dense residential situation.   PUBLIC HEARING/ORDINANCE/GENERAL PLAN AMENDMENT: Public hearing and consideration of an ordinance changing the General Plan from Low Density Residential (LDR) to Medium Density Residential (MDR) on 15 acres generally located north of Curly Hollow Drive, east of Tonaquint Intermediate School. St. George City Council Minutes May 3, 2018 Page Six   Planning & Zoning Manager John Willis presented the request to change the General Plan from Low Density Residential (LDR) to Medium Density Residential (MDR) on 15 acres generally located north of Curly Hollow Drive, east of Tonaquint Intermediate School.  He presented a PowerPoint presentation covering the following topics:  aerial map; current zoning and hillside overlay; current general plan land use; applicant’s exhibit; and photos of the property.  The Planning Commission recommended approval.  He added that there tends to be soil issues in this area.      Mayor Pike opened the public hearing.    Applicant Geary Brown noted he has owned the property for quite a while; they understand there is blue clay.  He noted that they are trying to help this community and explained that he is not quite sure how many units there will be.        Mayor Pike closed the public hearing.   MOTION:      A motion was made by Councilmember Hughes to amend the General Plan from Low Density Residential (LDR) to Medium Density Residential (MDR) on 15 acres generally located north of Curly Hollow Drive, east of Tonaquint Intermediate School. 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 Baca – aye           The vote was unanimous and the motion carried.   PUBLIC HEARING/ORDINANCE/AMEND GENERAL PLAN FOR THE TONAQUINT LAND USE PLAN AREA: Public hearing and consideration of an ordinance amending the General Plan for the Tonaquint Land Use Plan area to relocate areas of Low Density Residential (LDR), Medium Density Residential (MDR), and Open Space (OS) on approximately 1,200 acres located at the end of Curly Hollow Drive at approximately 1400 West.   Planning & Zoning Manager John Willis presented the request to amend the General Plan for the Tonaquint Land Use Plan area to relocate areas of Low Density Residential (LDR), Medium Density Residential (MDR), and Open Space (OS) on approximately 1,200 acres located at the end of Curly Hollow Drive at approximately 1400 West.  He presented a PowerPoint presentation covering the following topics: aerial map; zoning; current Tonaquint Area Land Use Plan; applicant’s proposal; Tonaquint Area Land Use summary; and proposed overlay on current vs. current GPA.  The Planning Commission recommended approval.     St. George City Council Minutes May 3, 2018 Page Seven   Mayor Pike opened the public hearing.  There being no comment, he closed the public hearing.   MOTION:      A motion was made by Councilmember Baca to approve the ordinance amending the General Plan for the Tonaquint Land Use Plan area to relocate areas of Low Density Residential (LDR), Medium Density Residential (MDR), and Open Space (OS) on approximately 1,200 acres located at the end of Curly Hollow Drive at approximately 1400 West.    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 Baca – aye           The vote was unanimous and the motion carried.   Mayor Pike called for a brief recess.    ORDINANCE/AMEND PLANNED DEVELOPMENT COMMERCIAL ZONE: Consider approval of an ordinance amending the existing Planned Development Commercial (PD-C) zone on approximately 1.50 acres generally located at the northeast corner of the intersection at Pioneer Road and Sun River Parkway.   Planning & Zoning Manager John Willis presented the request to amend the existing Planned Development Commercial (PD-C) zone on approximately 1.50 acres generally located at the northeast corner of the intersection at Pioneer Road and Sun River Parkway.  He presented a PowerPoint presentation covering the following topics:  site plan; denied fuel canopy; updated fuel canopy; updated canopy design; current and proposed elevations; and materials board.    Applicant Scott McCall mentioned they voluntarily removed the “beer” reference on the signage.  He outlined their proposal as presented by Mr. Willis.    City Attorney Shawn Guzman clarified that the applicant has volunteered to a restriction prohibiting the advertisement of beer sales on the outside of the building or premises, so if the Council wishes to include that restriction, it will need to be included in the motion.   Mayor Pike noted the public hearing was closed at the previous meeting; therefore, there will not be a public hearing tonight.   After comments were made by the audience about not having another public hearing, City Attorney Shawn Guzman explained that the Planning Commission is a recommending body; the Council can approve or change their recommendation.    St. George City Council Minutes May 3, 2018 Page Eight   Mayor Pike noted the Planning Commission recommended approval of the previous request.  The Council went further and requested changes.  He stated this is not a violation of the City’s ordinance.    City Attorney Shawn Guzman added if it was previously denied and the Council directed the applicant to bring it back, then he feels they are okay with making a decision tonight.    MOTION:      A motion was made by Councilmember Hughes to reconsider and approve this item with the modified canopy  and the signage as presented today. 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 Baca – nay           The motion carried.   RESOLUTION/PRELIMINARY FISCAL YEAR 2018-2019 BUDGET: Consider approval of a resolution accepting and adopting the Preliminary Fiscal Year 2018-2019 Budget of the City of St. George and to set the date(s) for the required public hearings.   City Manager Adam Lenhard noted the preliminary budget is subject to change.  The General Fund budget is approximately $73 million.  He noted there is no proposed property tax increase this year.  He outlined some of the priorities for the year.   Budget and Financial Planning Manager Deanna Brklacich thanked everyone involved in putting the budget together.  She explained state law requires the preliminary budget to be adopted the first meeting in May.  She recommended setting public hearings for June 7th and June 21st with the adoption of the final budget on June 21st.  She noted that the Council will discuss the budget at upcoming work meetings.   The Council discussed the requested positions in the Police and Fire Departments.   MOTION:      A motion was made by Councilmember Baca to approve the preliminary fiscal year budget 2018-2019 as presented and to set the public hearings as requested on June 7th and June 21st. 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     St. George City Council Minutes May 3, 2018 Page Nine   Councilmember Bowcutt – aye Councilmember Baca – aye           The vote was unanimous and the motion carried.   CONDITIONAL USE PERMIT:  Consider approval of a conditional use permit to construct a linear bicycle skills park on in the vicinity of Lava Flow Drive, east of Snow Canyon High School.   Planning & Zoning Manager John Willis presented the request for a conditional use permit to construct a linear bicycle skills park on in the vicinity of Lava Flow Drive, east of Snow Canyon High School.  He presented a PowerPoint presentation covering the following topics:  zoning map; site plan.  The Planning Commission recommended approval with findings. Parks Planner Mark Goble showed and outlined a concept plan.  They hop...

... that another issue needing discussion is City requirements for trails and parks in the Sun River development. The City?s Master Plan indicates there should be at least 4.5 acres of park property per 1000 residents with interconnecting trails. Mayor McArthur inquired if the City could take into consideration the amenities Sun River has provided for its residents. Mr. Esplin replied that the master plan requires public amenities, and Sun River has a private community center. Sun River is also supposed to be providing open space. Impact fees have been collected for this purpose. It has always been the City?s intention to have Sun River connected to the City?s trail system. He inquired of Mr. Stewart if he was planning for connection to the City?s trails and where this would take place. Mr. Stewart advised that when built out, Sun River will have 2,250 units. Mr. Esplin advised that if Sun River has 4,000 residents, 15 to 16 acres of open public space is needed for parks and trail connections. Mr. Stewart replied that by putting in common areas, parks, and a community center for its residents, he thought Sun River was meeting these requirements. He stated he had discussions with the City to see if they were willing to participate in the parks, but was told no because the parks were located on private streets. He stated he now has 25 acres in open space and has met the requirements for 4,400 residents. He stated that Kent Perkins indicates that trails will be coming down the Virgin River which can connect to Sun River. He inquired if the City would consider putting a park at the end of Sun River Parkway on property which Sun River would donate. Leisure Services Director Kent Perkins suggested that the City could build the trail to Sun River as proposed, but there would be a risk of losing the trail and a portion of the park due to flooding. Mr. Stewart advised that he is the President of the Sun River Homeowners Association and was asked to request that the City widen the trail from Sun River through the residential area of Bloomington so that residents of Sun River could ride their golf carts along the trail. Mr. Esplin replied that this would not be possible due to the width of the trail. Mayor McArthur advised that the City?s trails are not for motorized vehicles. Mr. Stewart advised that Sun River residents would also like to request that the fire station be used as a police satellite site and also a paramedic satellite site. Fire Marshall Kevin Taylor advised that all fire stations are designed for use by the police. Mayor McArthur inquired about timing for the trail project. Leisure Services Director Kent Perkins replied that there was no funding. City Manager Gary Esplin advised that a discussion needed to be held concerning prioritization of use of impact fees, master park planning, and other funding issues. Darcy Stewart advised that he would donate everything at the end of Sun River Parkway needed for the park. Leisure Services Director Kent Perkins advised that this was river property. City Manager Gary Esplin advised that selection of a fire station site would be scheduled on the next City Council agenda. Council Member Whatcott advised that until a definitive location for the fire station site had been selected, no further Sun River plats would be approved. Leisure Services Director Kent Perkins advised that he would have legal descriptions prepared for the rights-of-way for trails and park sites already decided upon. Community Development Director Bob Nicholson advised that zoning in the Sun River area has not been resolved, and the property in question for use as a fire station site is not currently zoned commercial. Water Services Director Barry Barnum advised that in order for development to proceed in Sun River, another pressure zone has to be established. He requested that Sun River help install the PRVs. There are currently 1,300 homes being served off one line. He proposed to simulate a loop system with construction of a water tank on the east side of the freeway. This tank would alleviate any capacity problems and would act as another feed if anything happened to the main feed in the area. City Manager Gary Esplin commented that the water tank would also serve future development on the east side of the freeway. Mr. Barnum suggested construction of a three to five million gallon tank. Gary Woods suggested the City identify the site for the water tank and contact SITLA to negotiate it. Mr. Barnum advised that the new tank could be located by the private tank owned by the Bloomington Irrigation Company. DISCUSSION RE SNOW CANYON PARKWAY ACCESSES: Public Works Director Larry Bulloch explained that the purpose of the Snow Canyon corridor study is to if signalization can be pared down and to maintain a balance between keeping traffic flowing and getting traffic on and off the corridor. The number and location of signals needs to be identified. Council Member Orton inquired why this study wasn?t done while Snow Canyon Parkway was torn up instead of now when the road has been completed and is operable. Mr. Bulloch replied that it was not too late. Council Member Orton commented that turn lanes are proposed, and the road will now have to be torn up, just when it was completed. Mr. Bulloch replied that the project on Snow Canyon which was just completed was an emergency project, and is not the main design. Council Member Gardner commented that the City has a tendency to throw money away on studies when it should just do the job. He inquired if staff did not know enough about the situation so that they could quickly determine where stop lights were needed instead of spending money on another study. Mr. Bulloch replied that there were questions as to how many turn lanes were needed. Council Member Whatcott inquired of Mr. Bulloch why these turn lanes and signals had not been planned before now. Mr. Bulloch replied that staff was given direction to focus its energy on construction of projects and has done 20 major projects in the last few years. Staff is now focusing on operations. It is not too late and the City has the opportunity to acquire rights-of-way, and there is still 80-150' of space in which to make adjustments. City Engineer Dave Demas explained that the study will determine how to optimize use of the corridor and avoid signals that may crop up because of warrant studies. The master plan has changed and the location of signals has changed because of densities. The overall corridor has been a good job and while most corridors have 20 to 30 accesses per mile, there are only 15 accesses in three miles on the Parkway. Council Member Gardner expressed frustration that the City has demanded traffic studies from developers which are thereafter pigeonholed because staff wants something done a particular way regardless of what the study says. He inquired why the City should pay for another study when it knows what has to happen on the Parkway. Mr. Bulloch replied that the answers were not obvious and the Parkway needs to be thoroughly analyzed. Council Member Orton requested that in the future all improvements be made to a roadway while it is torn up, as it does not make sense to tear up a road that has just been completed. Council Member Gardner inquired of Mr. Bulloch if the numerous traffic studies done for developments along Snow Parkway did not provide him with the information he needed to know. Mr. Bulloch replied that the corridor study will tie all the information together. Assistant City Engineer Jay Sandberg commented that many deceleration lanes have already been installed as well as conduit for future traffic signals. The Parkway will not be torn up. As far as intersection problems with Dixie Downs and 2000 North, Dixie Downs ties too close into 2000 North for an intersection. Mayor McArthur inquired when radar speed signs would be installed on Mall Drive. City Engineer Dave Demas replied that there is a four to six week order time and installation would be handled in-house. They should be in place within two months. Mayor McArthur inquired if the traffic center located in the City Office was functional, and instructed staff to make sure it was manned at 8:00 a.m. due to problems on Bluff at the intersection with Black Hills Drive. Council Member Allen advised that there is also a major problem on Main Street with cars turning left to go to the High School. She suggested a left turn arrow. City Manager Gary Esplin advised that the City would have to do a warrant study. City Engineer Dave Demas advised that a warrant study is required by State law. A brief discussion was held on the South Bluff interchange intersections. DISCUSSION CONCERNING THE RENTAL ORDINANCE AND IMPLEMENTATION PROCESS: Encroachment Officer Brad Young distributed a handout and reviewed it with those present. City Attorney Shawn Guzman arrived. City Manager Gary Esplin advised that if the proposed plan is implemented, additional staff will have to be hired. Finance Director Phil Peterson advised that additional help will also have to be hired to assist the Business License Officer. City Manager Gary Esplin suggested implementing the program one step at a time. He recommended that the fee schedule be adopted at the next City Council meeting and additional help authorized. DISCUSSION CONCERNING MASTER PLAN UPDATE PHILOSOPHY: Community Development Director Bob Nicholson distributed a hand-out. City Manager Gary Esplin advised that he recently met with Joe Alfandre and Jeff Winston on the City?s master plan update, and two alternatives have been suggested. The first is adoption of an ex-ordinance, similar to a pending ordinance doctrine, where the City Council would be given flexibility to go beyond the ordinance on a case by case basis. City Attorney Shawn Guzman advised that the zones to which the ex-ordinance would apply would have to be narrowed down. City Manager Gary Esplin explained that the ex-ordinance is being used in Colorado, but its use in Utah would have to comply with state law. This would also give the City time to redo its ordinances. The other proposal is to institute another step in the approval process. First would be a conceptual zoning approval which would allow entitlements to be given at the conceptual level; then schematic approval; then preliminary plat approval; and then final plat approval. This allows for the opportunity for more control and input into large projects. Council Member Orton commented that no matter what the City did, it had to address work force and attainable housing on every level. City Manager Gary Esplin explained that Master Plan amendments would be required. City Attorney Shawn Guzman suggested that the six month time period be strictly adhered to. City Manager Gary Esplin explained that the City would not be denying anyone the right to develop and would consider each application on its merits. City Attorney Shawn Guzman advised that the City would still retain its right to deny a project if it felt it did not fit in the neighborhood. City Manager Gary Esplin advised that design guidelines would need to be adopted separately from the ordinance. Council Member Whatcott commented that a spec book should also be adopted. City Manager Gary Esplin recommended against awarding density bonuses, and inquired why the City should award them in exchange for a developer doing the basic, bare minimum improvements. If a density bonus is given, the City should realize some benefit, such as attainable housing. The City is trying to create neighborhoods, with a mixture of people, income levels, etc. Assistant City Engineer Jay Sandberg advised that staff has been telling developers the City no longer wants private streets. City Manager Gary Esplin explained the reason developers want private streets is because narrower streets are a cost factor, and because of the setbacks. The City is saying that it no longer cares about setbacks or density if the project is well designed. He stated that the City?s ordinances needed to be changed to provide more flexibility. He stated that discussion was needed on master planning for parks and the impact fee philosophy. In the past the City has done bigger ...

...rcial C-1 location has decreased in size and moved near Winchester Hills. Parks are public on the east side of the project and private on the west side past the gate. The buffer around Winchester Hills and the JEL Subdivision is 100' of open space. The number of units has been decreased from 2730 to 2400 and the new density is 2.2 units per acre. An allowance has been made for a church site, but this has not been shown on the map. A school site, power substation site, water tank site, and fire substation site are provided. All utilities are underground. The Planning Commission recommends approval as submitted. A letter has been received from Snow Canyon State Park expressing concern about private vs. public access to the State Park from the project. Randy Deschamps, applicant, explained that most of the changes result from the roundabout change dictated by UDOT. The commercial area designated near Winchester Hills will not be commercial or stores, it will be office. There is a commercial site just below the fire station. Commercial has been reduced from 16 acres to two to three acres and will be generally located where shown on the concept plan. He stated he spoke with the Parks Department and asked them to consider the project as a whole for the park requirements. They would like to spend less on the parks on the west side and would rather spend the money and create parks where the people will be. There will be a couple of large parks on the west side, one will be private and the other public. There is a change in the collector road system as a result of The Trails project on the south. There will be a complete loop on both sides for traffic circulation. Council Member Orton inquired about the letter from Snow Canyon State Park. St. George City Council Minutes November 2, 2006 Page Eight Mr. Deschamps replied that he agreed with the letter. The issue will not be discussed, however, until development in that area is proposed. There will be horse trails and parking for horse trailers. He commented that State Parks is worried about fencing adjacent to the State Park. He stated that ...

... last year's event was a big success with over 3,000 people attending. Parks Superintendent Lynne Scott commented there were no problems last year with clean-up, and Simmons Media was great to work with. She stated she will work out the details with them. A motion to approve the fee waivers as requested was made by Councilmember Gardner. The motion was seconded by Councilmember Allen, and all voted aye. AWARD OF CONTRACTS TO FINISH TRAILS: Consider award of contracts to various consultants for finishing the City's trail projects. City Manager Gary Esplin advised the City would like to finish all remaining trail projects. All proposed contracts are for engineering services and construction management. Parks Superintendent Lynne Scott advised one of the trails to be completed is the Santa Clara River Trail. She recommended award of a contract to Rosenberg Associates in the amount of $64,400. A motion was made by Councilmember Whatcott to award the contract to Rosenberg Associates in the amount of $64,400. The motion was seconded by Councilmember Isom, and all voted aye. St. George City Council Minutes June 1, 2000 Page Seventeen Parks Superintendent Lynne Scott recommended award of a contract to Bulloch Brothers Engineering in the amount of $28,700 for the Virgin River South trail. A motion was made by Councilmember Orton to award the contract to Bulloch Brothers Engineering in the amount of $28,700. The motion was seconded by Councilmember Isom, and all voted aye. Parks Superintendent Lynne Scott recommended award of a contract to Sunrise Engineering in the amount of $41,185 for the Sand Hollow Wash trail. A motion was made by Councilmember Whatcott to award the contract to Sunrise Engineering in the amount of $41,185. The motion was seconded by Councilmember Isom, and all voted aye. Parks Superintendent Lynne Scott recommended award of a contract to PBS&J in the amount of $52,577 for the Middleton Wash trail. She advised staff did not feel comfortable with the low bidder due to technical problems and the variety of terrain and wetlands within the project, and the other bidders had very little experience in trail building. A motion was made by Councilmember Gardner to award the contract to PBS&J in the amount of $52,577. The motion was seconded by Councilmember Whatcott, and all voted aye. Parks Superintendent Lynne Scott recommended award of a contract to Pentaco...

...lt with. They are proposing to dedicate a bit of open space to the city. Parks has stated they do not want it without the bottom portion. The developer does not want to do that. They want to maintain it and keep it with those lots. Unless more area is dedicated; Parks is not in favor of the dedication. Commissioner Ron Bracken opened the item for questions. Commissioner Ro Wilkinson noted that it looks like we’re getting into more and more low density down there. Are we not looking for more open space? It looks to me that there is more low density out there. Wes Jenkins asked for clarification on what Commissioner Ro Wilkinson meant by “open space”. Commissioner Ro Wilkinson clarified that more parks should be there because there is a lot of low density out there. Wes Jenkins responded there is a lot of low density out there. Parks has indicated that there should be another park out there besides the Silkwood Park. Commissioner Ro Wilkinson continued by adding that it seems to that they we’re going to have larger lots, and now there are smaller lots. Chairman Ron Bracken pointed out that these are large lots and corrected Commissioner Wilkinson that she is referring to low density when she means high density. Wes Jenkins noted that they are ½ acre lots. Commissioner Ross Taylor asked if the plat was drawn to scale because some of the R-1-10 lots look larger than the RE. Wes Jenkins answered that the plat is to scale; it looks that way because there is a no disturb area and some hillside. He added that if you get behind that little slope you can’t really see the Little Valley area. Commissioner Nathan Fisher pointed out that the developer wants to dedicate open space to the city but the Parks does not want it. Wes Jenkins responded right, because it’s just that little remnant piece. So what we need to do on the plat is note it as no disturb. Commissioner Nathan Fisher clarified that all of the open space will be removed from the plat. Wes Jenkins responded, right, unless they give more area to the city. Commissioner Nathan Fisher inserted that if we recommend approval it will be with the note to remove that wording. **Shawn Guzman arrived at 5:20** MOTION: Commissioner Nathan Fisher made a motion to recommend approval of item 4 with the condition that the notation referencing open space to be dedicated to the city is either removed and noted as no disturb OR the parks department’s desire for more space will be provided if it’s...

... to donate, and stated that they will match up to $15,000.    Parks Manager Larry Shane mentioned Arbor Day activities that will take place Saturday, April 30, 2016.  Additionally, he mentioned this is the 24th year the City received the Tree City USA award.   Mayor Pike read proclamations proclaiming April 30, 2016 as Arbor Day and the month of May as Bike Month.   Support Services Director Marc Mortensen mentioned that an active transportation plan will be presented in June.  Additionally, he mentioned Bike Month events that will take place during the month of May.   Mayor Pike introduced the Miss St. George royalty.   Mayor Pike mentioned that the Joshua’s project public hearing will not be heard tonight.  Although it is not the City’s task, staff will look to see that proper notifications are sent as this was the case with this item.   FINANCIAL REPORT:             Consider approval of the financial report for March, 2016.                              Support Services Marc Mortensen stated that the City is three quarters the way through the fiscal year.  Revenues continue to outpace expenditures.   MOTION:      A motion was made by Councilmember Arial to accept the March financial report. St. George City Council Minutes April 21, 2016 Page Two               SECOND:        The motion was seconded by Councilmember Baca.             VOTE:             Mayor Pike called for a vote, as follows:                                Councilmember Hughes – aye Councilmember Bowcutt – aye Councilmember Arial - aye Councilmember Baca – aye                              The vote was unanimous and the motion carried.                              CHANGE ORDER: Consider award of a change order to the Wastewater Treatment Plant SCADA upgrade professional services agreement.   Purchasing Manager Connie Hood advised the agreement is a change order for the SCADA upgrade professional services agreement for the Wastewater Treatment Plant in the amount of $68,000.   MOTION:      A motion was made by Councilmember Hughes to approve the bid for $68,000 for the change order to Automation and Controls.             SECOND:        The motion was seconded by Councilmember Arial.             VOTE:             Mayor Pike called for a vote, as follows:                                Councilmember Hughes – aye Councilmember Bowcutt – aye Councilmember Arial - aye Councilmember Baca – aye                              The vote was unanimous and the motion carried.   COST SHARING AND REMBURSEMENT AGREEMENT: Consider approval of a cost share and reimbursement agreement for the Foremaster Ridge pump station.   Purchasing Manager Connie Hood advised this is a cost share and reimbursement agreement for the Foremaster Ridge pump station.  She explained that the City pays a quarter of the cost for the pump station which is $121,916.   MOTION:      A motion was made by Councilmember Hughes to approve the bid for $121,916 for the City’s portion of the cost share for the booster pump.             SECOND:        The motion was seconded by Councilmember Bowcutt.             VOTE:             Mayor Pike called for a vote, as follows:                                Councilmember Hughes – aye Councilmember Bowcutt – aye Councilmember Arial - aye Councilmember Baca – aye                              The vote was unanimous and the motion carried.   REIMBURSEMENT AGREEMENT: Consider approval of a reimbursement agreement with the Washington County Flood Control Authority for the Dixie Center Erosion Protection contract. St. George City Council Minutes April 21, 2016 Page Three   Purchasing Manager Connie Hood stated this reimbursement agreement is with the Washington County Flood Control Authority in the amount is $127,433.  This agreement is for work performed along the Virgin River adjacent to Confluence Park, St. James Park and the Millcreek Generation facility.   Councilmember Hughes commented this is work already completed.  The Flood Control Authority is comprised of representatives from cities affected by the two rivers in the County.  They review projects that need to be taken care of; this money was appropriated and the project was awarded.  Some of the funds used came from a grant.   MOTION:      A motion was made by Councilmember Baca to approve the reimbursement agreement with the Washington County Flood Control Authority in the amount of $127,433.             SECOND:        The motion was seconded by Councilmember Arial.             VOTE:             Mayor Pike called for a vote, as follows:                                Councilmember Hughes – aye Councilmember Bowcutt – aye Councilmember Arial - aye Councilmember Baca – aye                              The vote was unanimous and the motion carried.   REIMBURSEMENT AGREEMENT: Consider approval of a reimbursement agreement with the Washington County Flood Control Authority for the Upstream Man-O-War Bridge Restoration Project.   Purchasing Manager Connie Hood advised this is the reimbursement agreement with the Washington County Flood Control Authority for the work upstream of the Man-O-War bridge; the amount is $35,291 for the design and environmental permitting.   MOTION:      A motion was made by Councilmember Arial to approve the reimbursement agreement in the amount of $35,291 for the Washington County Flood Control Authority for the upstream Man-O-War Bridge.             SECOND:        The motion was seconded by Councilmember Bowcutt.             VOTE:             Mayor Pike called for a vote, as follows:                                Councilmember Hughes – aye Councilmember Bowcutt – aye Councilmember Arial - aye Councilmember Baca – aye                              The vote was unanimous and the motion carried.   PROFESSIONAL SERVICES AGREEMENT: Consider approval of a professional services agreement with Bowen Collins & Associates for the Virgin River Stream Restoration Project.   Purchasing Manager Connie Hood explained this is a professional services agreement with Bowen Collins & Associates for the Virgin River stream restoration project in the amount of $35,291.   MOTION:      A motion was made by Councilmember Hughes to approve the professional services agreement with Bowen Collins & Associates for $35,291. St. George City Council Minutes April 21, 2016 Page Four                         SECOND:        The motion was seconded by Councilmember Baca.             VOTE:             Mayor Pike called for a vote, as follows:                                Councilmember Hughes – aye Councilmember Bowcutt – aye Councilmember Arial - aye Councilmember Baca – aye                              The vote was unanimous and the motion carried.   AWARD OF BID: Consider award of bid for transformers from 10 kVA – 100 kVA in size.   Purchasing Manager Connie Hood stated this bid is for transformers for the Energy Services Department.  Originally Codale was the low bidder; however, they did not meet the specifications for the stainless steel bases.  Anixter HD Supply is the next low bidder in the amount of $66,620.   Support Services Director added that total of 30 transformers will be purchased.   MOTION:      A motion was made by Councilmember Arial to award the bid for transformers to Anixter HD Supply in the amount of $66,260.             SECOND:        The motion was seconded by Councilmember Baca.             VOTE:             Mayor Pike called for a vote, as follows:                                Councilmember Hughes – aye Councilmember Bowcutt – aye Councilmember Arial - aye Councilmember Baca – aye                              The vote was unanimous and the motion carried.   AWARD OF BID: Consider award of bid for active shooter defense kits for the Police Department.   Purchasing Manager Connie Hood stated that the low bidder was Bob Barker in the amount of $70,319.70.  She mentioned what gear is included in the kits and that 90 kits will be purchased.    Police Chief Stratton explained this will provide equipment for every sworn officer.  The gear has a 5-7 year life span.   MOTION:      A motion was made by Councilmember Baca to approve the purchase of the body armor kits as mentioned to Bob Barker in the amount of $70,319.70.             SECOND:        The motion was seconded by Councilmember Arial.             VOTE:             Mayor Pike called for a Vote, as follows:                                Councilmember Hughes – aye Councilmember Bowcutt – aye Councilmember Arial - aye Councilmember Baca – aye           St. George City Council Minutes April 21, 2016 Page Five                      The vote was unanimous and the motion carried.   AWARD OF BID: Consider award of bid for custom equipment for the Fleet facility.   Purchasing Manager Connie Hood explained this item is the equipment for the new fleet facility.  Under CRSA management, award will be to Automotive Equipment of Nevada in the amount of $352,689.10.    Support Services Marc Mortensen stated what equipment that will be purchased.   MOTION:      A motion was made by Councilmember Hughes to award the bid for the custom equipment for the Fleet facility in the amount of $352,689.10 to Automotive Equipment of Nevada.             SECOND:        The motion was seconded by Councilmember Bowcutt.             VOTE:             Mayor Pike called for a vote, as follows:                                Councilmember Hughes – aye Councilmember Bowcutt – aye Councilmember Arial - aye Councilmember Baca – aye                              The vote was unanimous and the motion carried.   AWARD OF BID: Consider award of bid for the Little Valley Complex Phase 5 Sports Field.   Purchasing Manager Connie Hood advised that Kokopelli Landscaping was originally the low bidder; however, they withdrew their bid because they were not qualified.  The next low bid was from B Hansen Construction.  Their original bid did not meet the budget; therefore, it is proposed to go with the additive alternative for the sand.  The bid amount is $1,998,071.18.   City Attorney Shawn Guzman clarified that Kokopelli did not have the correct license to construct the restroom facility.  He stated that they are a great company and expressed his gratitude to Wade Hughes, the owner of Kokopelli Landscaping.   MOTION:      A motion was made by Councilmember Hughes to award the bid for the Little Valley Complex Phase 5 sports field to B Hansen Construction in the amount of $1,998,071.18.             SECOND:        The motion was seconded by Councilmember Arial.              VOTE:             Mayor Pike called for a vote, as follows:                                Councilmember Hughes – 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 a zone change request to rezone approximately 10.43 acres generally located on the east side of Pioneer Road at the St. George City Council Minutes April 21, 2016 Page Six   intersection of Sugar Leo Road and Pioneer Road from Open Space to Planned Development Commercial.  Denis Lyman, applicant.   Planner Ray Snyder presented the request for a zone change on property located at Pioneer Road and Sugar Leo Road.  He presented a PowerPoint presentation covering the following: summary of request; aerial map; general plan map; zoning map; conceptual site plan; and landscaping plan.      Mayor Pike asked if the Redwood Ash trees could be revisited as he remembers there being issues with them on other projects.   Mr. Snyder stated that staff could ask Parks staff or the Shade Tree Board for recommendations.  He mentioned the materials board and showed a detailed map of the proposal; detention pond; grading plan’ photos of the area; existing Monster Storage facility; security wall; metal fence; site photos; details on Pioneer Road; drainage; and additional photos of the area.  The Planning Commission recommended approval with the following conditions and comments:   1.    Approve the zone change from OS to PD-C on 10.43 acres. 2.    Approve only one use – RV Storage. 3.    The conceptual layout as presented is approved. 4.    The canopies height, materials and colors (roof) are approved as presented 5.    The 6’ high CMU security wall with bands of textured block material and color band is approved as presented. 6.    The 6’ high security corrugated colored metal fence is approved as presented 7.    The 14’ wide and 10’ wide trail locations are approved as presented.  The applicant shall work with the Parks Department for design and materials to be installed.  One half of the future north trail (7’) shall be deeded to the City. 8.    The applicant shall design and install to the satisfaction of the Public Works Department the improvements along the project’s frontage on Pioneer Road (asphalt structural section, curb, gutter and 6’ sidewalk). 9.    Minimum setbacks shall be provided (staff to confirm during the SPR process). 10. The applicant shall pave, as required, all surfaces for driveways and RV parking. 11. The applicant shall provide adequate stacking distance to the satisfaction of the Public Works Department to prevent traffic conflicts on Pioneer Road. 12. The applicant shall provide access at the intersection of Las Colinas and Pioneer Road as presented on the site plan. 13. The 25’ landscaping along Pioneer Road including approved street trees at 30’ spacing and the trees along the freeway at 30’ spacing are approved as presented. 14. Provide a photometric plan with SPR and demonstrate that lighting will not exceed 1’ candle at property line and not exceed 15’ candle on site.  Dark sky style lighting fixtures will be used to avoid a nuisance as seen from the freeway and to the adjacent residential neighborhoods. 15. The project shall be designed to the satisfaction of the Public Works Department to safely convey storm water through the site. 16. The project shall be designed to the satisfaction of the Public Works Department to safely convey pass thru drainage water from offsite and for any on site detention overflow.  The channel design shall be to the satisfaction of the Community Development Department and may include aesthetically pleasing design   St. George City Council Minutes April 21, 2016 Page Seven   incorporating approved alternatives to standard gray concrete and may be either colored and/or stamped concrete, gabions or incorporate additional landscaping. 17. The applicant shall obtain an approved grading permit from the Community Development Department. 18. Upon approval of the zone change, the applicant shall submit an application for a site plan review along with the required civil engineering plan set which may include but not be limited to: cover sheet, site plan, grading plan, erosion control plan, utility plan, landscape plan, irrigation plan and photometric plan.   Mr. Snyder mentioned and read two letters received in opposition.  He stated that the project will be visible from the freeway.   Councilmember Baca voiced his concern that putting the metal wall along the freeway is a bit of a drawback.  The detention pond will hold water and will be close to the power line pole, he would like to make sure the pole has sufficient clearance – that it will be safe and secure.    Councilmember Hughes mentioned that the Council discussed these issues in the past.  He does not want anyone to forget the concerns of the neighbors at that time.   Reid Pope, representative for the applicant, stated the fence along the rear will be easier to construct with metal versus a block wall around the entire facility.  Although he believes a fence may not be needed along the freeway, the owner would like the fence for security reasons.  He addressed sound concerns regarding the metal wall.    Councilmember Bowcutt commented that he would rather see the metal fence than a chain link fence.       Councilmember Hughes mentioned that this is the entrance to the City.   Councilmember Baca asked if the Council can require a block wall as this is a PD.   Mayor Pike replied yes.    Mr. Pope addressed the Redwood Ash concerns and stated that he is in favor of them.   Mayor Pike asked staff to work out the tree issues.   Mayor Pike opened the public hearing.  There being no public comment, he closed the public hearing.   Councilmember Hughes noted that some neighbors wanted the property to be residential rather than commercial; however, he does not feel it should be zoned residential.  He is concerned with aesthetics, as that is what the neighbors are concerned with.     St. George City Council Minutes April 21, 2016 Page Eight   Councilmember Baca asked to hear from the applicant to see if he is willing to install a block wall around the entire facility.   Mr. Pope suggested having a block wall on the end fence and metal along the freeway since most people that will see the fence going out of town, not into it.  He explained that the power pole will be cut at a 2:1 slope and the detention basin should not affect the pole.   MOTION:      A motion was made by Councilmember Hughes to approve the zone change from Open Space to Planned Development Commercial on approximately 10.43 acres and to approve the layout landscaping and site plan as presented with conditions of the Planning Commission, with the exception of #6; requiring a block wall if there is one to be built.    Councilmember Baca clarified that as presented, the block wall will be along the frontage with the addition of the applicant indicating that they will have a block wall on the north and south end and have the metal wall along the freeway.   Mayor Pike explained that is what the applicant proposes; however, Councilmember Hughes’ motion is to have a block around the entire property.                SECOND:        The motion was seconded by Councilmember Baca.   City Attorney Shawn Guzman clarified that the motion was to have a block wall along the north and south ends and along the frontage of Pioneer Road.  If the applicant chooses to put anything along the freeway, it needs to be a block wall.             Councilmember Hughes agreed.             Councilmember Bowcutt asked if they could go without a fence along the freeway.   City Attorney Shawn Guzman stated that the fence being discussed in the motion is just the fence along the freeway.             Councilmember Hughes replied yes.   Councilmembers Bowcutt and Arial commented that the applicant should be able to put in the wall they want to.   City Attorney Shawn Guzman asked Councilmember Bowcutt to clarify that his concern is with the block wall along the freeway frontage.                     Councilmember Bowcutt replied yes.               VOTE:             Mayor Pike called for a roll call vote, as follows:                                Councilmember Hughes – aye Councilmember Bowcutt – nay   St. George City Council Minutes April 21, 2016 Page Nine   Councilmember Arial - aye Councilmember Baca – aye                              The motion carried.   SET PUBLIC HEARINGS: Planner Ray Snyder stated that at their meeting held on April 12, 2016, the Planning Commission recommended setting public hearings on May 5, 2016 to consider: A) amending Title 10, Chapter 8 to add Traditional Neighborhood Zone within the zoning ordinance; B) a zone change amendment for a Master Sign Plan for the Boulder Creek Commons and Boulder Creek Crossing commercial center sites generally located at the intersection of 1450 South Street and River Road; C) a amendment to the Planned Development Commercial zone to develop the Steven Henager College on the property located on River Road adjacent to Bundy Lane; D) a request to amend the Planed Development Commercial zone to develop the Restaurants Building on property located on River Road adjacent to 1450 South Street; E) a zone change amendment for the Inn of Entrada Planned Development, lots 1-23 and Shinava Ridge Planned Development, lots 24-39 to allow lockout short term rentals in compliance with City code 10-14-20.  The properties are located at 2588 West Sinagua Trail and 2549 West Sinagua Trail; F) a zone change on 89.139 acres from Agricultural to R-1-10 and on 17.339 acres from Agricultural to R-1-12 on property generally located on the southwest corner of the intersection of Seegmiller Drive and 3000 East; G) a zone change on 34.359 acres from Agricultural to R-1-10 and on 31.890 acres from Agricultural to R-1-8 and on 38.937 acres from Agricultural to Open Space.  All properties are generally located east of 3000 East Street; and H) a zone change on 20.00 acres from Agricultural to R-1-8 located at approximately 3200 East and 2840 South.   Councilmember Bowcutt requested the public hearings be split; he suggested setting the hearings for items A-D at one meeting and the others at the following meeting.   MOTION:      A motion was made by Councilmember Bowcutt to set the public hearings for items A - D for May 5 and the other four items for the meeting on May 19.             SECOND:        The motion was seconded by Councilmember Baca.   A discussion took place regarding which items to set for May 5 and which to set at a later meeting.   AMENDED MOTION:      Councilmember Bowcutt amended his motion, setting the public hearings for items B, C, D, and F on May 5 and the others for the meeting on May 19.             SECOND:        The motion was seconded by Councilmember Baca.             VOTE:             Mayor Pike called for vote, as follows:                                Councilmember Hughes – aye Councilmember Bowcutt – aye Councilmember Arial - aye Councilmember Baca – aye                              The vote was unanimous and the motion carried.       St. George City Council Minutes April 21, 2016 Page Ten   CONDITIONAL USE PERMIT: Consider approval conditional use permit to construct a five story hotel with a height of 66’.  PEG Development, applicant.   Planner Ray Snyder presented the request for a conditional use permit to construct a five story hotel at the Confluence Commercial Center located to the west of 270 East Street and generally bounded by 1670 South Street to the north and 120 East to the west; zoning is C3.  He presented a PowerPoint presentation covering the following:  Photo of the proposed Hyatt Place Hotel; summary of the request; final plat; summary of the dimensions, amount of rooms, height; site plan; and elevation.   MOTION:      A motion was made by Councilmember Arial to approve the conditional use permit to construct a five story hotel with a height of 66’.              SECOND:        The motion was seconded by Councilmember Baca.             VOTE:             Mayor Pike called for a vote, as follows:                                Councilmember Hughes – aye Councilmember Bowcutt – aye Councilmember Arial - aye Councilmember Baca – aye                              The vote was unanimous and the motion carried.   PRELIMINARY PLAT: Assistant Public Works Director Wes Jenkins presented the preliminary plat for Redwood Estates Phase 6, a 5-lot residential subdivision located at approximately 3200 East 3100 South; zoning is R-1-8.  He showed and reviewed the preliminary plat.   MOTION:      A motion was made by Councilmember Hughes to approve the preliminary plat for Redwood Estates Phase 6.             SECOND:        The motion was seconded by Councilmember Bowcutt.             VOTE:             Mayor Pike called for a vote, as follows:                                Councilmember Hughes – aye Councilmember Bowcutt – aye Councilmember Arial - aye Councilmember Baca – aye                              The vote was unanimous and the motion carried.   PRELIMINARY PLAT: Assistant Public Works Director Wes Jenkins presented the preliminary plat for Riverside Cliffs Phase 3, a 13-lot residential subdivision located at approximately 1250 South 1800 East; zoning is R-1-8.  He showed and reviewed the preliminary plat.  This item went to Hillside Review Board about 10-12 years ago.  There was an issue with the ridgeline and protecting it.  Because of this issue, the recommendation is to have a 35’ setback from the ridgeline rather than the 30’.  The applicant would like to return to Hillside Review Board to discuss building on the lots along the ridgeline.   Councilmember Bowcutt commented that will be a challenge when they come back for approval.   Councilmember Hughes mentioned that once this preliminary plat is approved and they build what is currently proposed, it will limit their options.   St. George City Council Minutes April 21, 2016 Page Eleven   MOTION:      A motion was made by Councilmember Hughes to approve the preliminary plat for Riverside Cliffs Phase 3.             SECOND:        The motion was seconded by Councilmember Arial.             VOTE:             Mayor Pike called for a vote, as follows:                                Councilmember Hughes – aye Councilmember Bowcutt – aye Councilmember Arial - aye Councilmember Baca – aye                              The vote was unanimous and the motion carried.   MINUTES:           Consider approval of the minutes from meeting held on March 3, 2016.   Consider approval of the minutes from meeting held on March 17, 2016.   Consider approval of the minutes from meeting held on April 7, 2016.   Consider approval of the minutes from meeting held on April 14, 2016.   MOTION:      A motion was made by Councilmember Arial to approve the minutes.             SECOND:        The motion was seconded by Councilmember Bowcutt.             VOTE:             Mayor Pike called for a vote, as follows:                                Councilmember Hughes – aye Councilmember Bowcutt – aye Councilmember Arial - aye Councilmember Baca – aye                              The vote was unanimous and the motion carried.   REPORTS FROM MAYOR, COUNCILMEMBER AND CITY MANAGER: Mayor Pike mentioned that YESCO contacted him and City Attorney Shawn Guzman regarding one of their signs near the Honda dealership.    City Attorney Shawn Guzman explained that their first proposal was double side the sign.  It is low to the ground and has a face on the southbound direction.  Currently, there is a YESCO billboard which is partially blocked on the southbound lanes of I15 near the condominium project and the Bloomington exit.  They propose to remove that double sided billboard in exchange for raising the billboard near the Honda dealership, making it double sided.  Their proposal was to raise the sign to 80’ because they feel it needs to clear the obstruction with the power lines; he did not agree.  After he and Mayor Pike met with their representatives, they returned with a second proposal which is to raise the sign to 65’.  Mayor Pike was concerned with the height; therefore they lowered it to just below 60’.  The other billboards going towards Washington City are between 55’ – 57’ tall.   YESCO has agreed to paint the pole and any existing billboard poles a color in line with the City’s color palettes.  He explained that they will do an a-frame sign with a shield on the back.  An electronic reader board was discussed – that would have to be part of the conditions of the Council.   Councilmember Bowcutt commented that it worries him that everyone wants a reader sign.      St. George City Council Minutes April 21, 2016 Page Twelve   City Attorney Shawn Guzman added that this location is visible from Twin Lakes subdivision and the Bloomington neighborhood that is why they were concerned with the height.  He can go back to YESCO with further suggestions.   Councilmember Arial stated she doesn’t mind signs or reader boards; however, she is concerned with height.    City Attorney Shawn stated that he believes this is a good compromise.  They have not requested a reader board.  He will sit down with Mr. Snyder and review the ordinance to see if a reader board would be prohibited in that area.    The consensus of the Council is to have City Attorney Shawn Guzman review the radius and move forward with the request.   Mayor Pike read a letter from Tanner Emerson, a scout who would like to repaint “Green Valley” on the hill in the Green Valley area and clean up the surrounding area.    The consensus of the Council is to allow Tanner to move forward and to supply the needed materials up to $200.   Support Services Director Marc Mortensen mentioned the City employee clean up is taking place tomorrow on Red Hills Parkway in preparation of the Ironman event.    Councilmember Baca reported he attended the first Air Quality Board meeting; it was quite interesting to see how important air quality is in the City.  He mentioned the grand opening taking place at the Dinosaur Museum on Friday, May 6 at 6:00 p.m.   Mayor Pike mentioned that May 7th is Ironman weekend.  Support Services Director Marc Mortensen will provide the Council with details in the near future.    ADJOURN: MOTION:      A motion was made by Councilmember Arial to adjourn.             SECOND:        The motion was seconded by Councilmember Hughes.              VOTE:             Mayor Pike called for a vote, as follows:                                Councilmember Hughes – aye Councilmember Bowcutt – aye Councilmember Arial - aye Councilmember Baca – aye                              The vote was unanimous and the motion carried.    ST. GEORGE CITY COUNCIL MINUTES REGULAR MEETING APRIL 21, 2016, 5:00 P.M. CITY COUNCIL CHAMBERS   PRESENT:                                                     Mayor Jon Pike             Councilmember Jimmie Hughes             Councilmember Joe Bowcutt             Councilmember Bette Arial             Councilmember Ed Baca             City Attorney Shawn Guzman             Support Services Director Marc Mortensen             City Recorder Christina Fernandez   EXCUSED: Councilmember Michele Randall             City Manager Gary Esplin   OPENING: Mayor Pike called the meeting to order and welcomed all in attendance.  The Pledge of Allegiance to the Flag was led by Conner McFadden and the invocation was offered by Reverend Alex Wilkie.   Mayor Pike invited the St. George Exchange Club to address the Council.   Members of the St. George Exchange Club presented a check for $8,000 for the All Abilities Park Hands That Built the Park project.  They challenged other businesses and organizations to donate, and stated that they will match up to $15,000.    Parks Manager Larry Shane mentioned Arbor Day activities that will take place Saturday, April 30, 2016.  Additionally, he mentioned this is the 24th year the City received the Tree City USA award.   Mayor Pike read proclamations proclaiming April 30, 2016 as Arbor Day and the month of May as Bike Month.   Support Services Director Marc Mortensen mentioned that an active transportation plan will be presented in June.  Additionally, he mentioned Bike Month events that will take place during the month of May.   Mayor Pike introduced the Miss St. George royalty.   Mayor Pike mentioned that the Joshua’s project public hearing will not be heard tonight.  Although it is not the City’s task, staff will look to see that proper notifications are sent as this was the case with this item.   FINANCIAL REPORT:             Consider approval of the financial report for March, 2016.                              Support Services Marc Mortensen stated that the City is three quarters the way through the fiscal year.  Revenues continue to outpace expenditures.   MOTION:      A motion was made by Councilmember Arial to accept the March financial report. St. George City Council Minutes April 21, 2016 Page Two               SECOND:        The motion was seconded by Councilmember Baca.             VOTE:             Mayor Pike called for a vote, as follows:                                Councilmember Hughes – aye Councilmember Bowcutt – aye Councilmember Arial - aye Councilmember Baca – aye                              The vote was unanimous and the motion carried.                              CHANGE ORDER: Consider award of a change order to the Wastewater Treatment Plant SCADA upgrade professional services agreement.   Purchasing Manager Connie Hood advised the agreement is a change order for the SCADA upgrade professional services agreement for the Wastewater Treatment Plant in the amount of $68,000.   MOTION:      A motion was made by Councilmember Hughes to approve the bid for $68,000 for the change order to Automation and Controls.             SECOND:        The motion was seconded by Councilmember Arial.             VOTE:             Mayor Pike called for a vote, as follows:                                Councilmember Hughes – aye Councilmember Bowcutt – aye Councilmember Arial - aye Councilmember Baca – aye                              The vote was unanimous and the motion carried.   COST SHARING AND REMBURSEMENT AGREEMENT: Consider approval of a cost share and reimbursement agreement for the Foremaster Ridge pump station.   Purchasing Manager Connie Hood advised this is a cost share and reimbursement agreement for the Foremaster Ridge pump station.  She explained that the City pays a quarter of the cost for the pump station which is $121,916.   MOTION:      A motion was made by Councilmember Hughes to approve the bid for $121,916 for the City’s portion of the cost share for the booster pump.             SECOND:        The motion was seconded by Councilmember Bowcutt.             VOTE:             Mayor Pike called for a vote, as follows:                                Councilmember Hughes – aye Councilmember Bowcutt – aye Councilmember Arial - aye Councilmember Baca – aye                              The vote was unanimous and the motion carried.   REIMBURSEMENT AGREEMENT: Consider approval of a reimbursement agreement with the Washington County Flood Control Authority for the Dixie Center Erosion Protection contract. St. George City Council Minutes April 21, 2016 Page Three   Purchasing Manager Connie Hood stated this reimbursement agreement is with the Washington County Flood Control Authority in the amount is $127,433.  This agreement is for work performed along the Virgin River adjacent to Confluence Park, St. James Park and the Millcreek Generation facility.   Councilmember Hughes commented this is work already completed.  The Flood Control Authority is comprised of representatives from cities affected by the two rivers in the County.  They review projects that need to be taken care of; this money was appropriated and the project was awarded.  Some of the funds used came from a grant.   MOTION:      A motion was made by Councilmember Baca to approve the reimbursement agreement with the Washington County Flood Control Authority in the amount of $127,433.             SECOND:        The motion was seconded by Councilmember Arial.             VOTE:             Mayor Pike called for a vote, as follows:                                Councilmember Hughes – aye Councilmember Bowcutt – aye Councilmember Arial - aye Councilmember Baca – aye                              The vote was unanimous and the motion carried.   REIMBURSEMENT AGREEMENT: Consider approval of a reimbursement agreement with the Washington County Flood Control Authority for the Upstream Man-O-War Bridge Restoration Project.   Purchasing Manager Connie Hood advised this is the reimbursement agreement with the Washington County Flood Control Authority for the work upstream of the Man-O-War bridge; the amount is $35,291 for the design and environmental permitting.   MOTION:      A motion was made by Councilmember Arial to approve the reimbursement agreement in the amount of $35,291 for the Washington County Flood Control Authority for the upstream Man-O-War Bridge.             SECOND:        The motion was seconded by Councilmember Bowcutt.             VOTE:             Mayor Pike called for a vote, as follows:                                Councilmember Hughes – aye Councilmember Bowcutt – aye Councilmember Arial - aye Councilmember Baca – aye                              The vote was unanimous and the motion carried.   PROFESSIONAL SERVICES AGREEMENT: Consider approval of a professional services agreement with Bowen Collins & Associates for the Virgin River Stream Restoration Project.   Purchasing Manager Connie Hood explained this is a professional services agreement with Bowen Collins & Associates for the Virgin River stream restoration project in the amount of $35,291.   MOTION:      A motion was made by Councilmember Hughes to approve the professional services agreement with Bowen Collins & Associates for $35,291. St. George City Council Minutes April 21, 2016 Page Four                         SECOND:        The motion was seconded by Councilmember Baca.             VOTE:             Mayor Pike called for a vote, as follows:                                Councilmember Hughes – aye Councilmember Bowcutt – aye Councilmember Arial - aye Councilmember Baca – aye                              The vote was unanimous and the motion carried.   AWARD OF BID: Consider award of bid for transformers from 10 kVA – 100 kVA in size.   Purchasing Manager Connie Hood stated this bid is for transformers for the Energy Services Department.  Originally Codale was the low bidder; however, they did not meet the specifications for the stainless steel bases.  Anixter HD Supply is the next low bidder in the amount of $66,620.   Support Services Director added that total of 30 transformers will be purchased.   MOTION:      A motion was made by Councilmember Arial to award the bid for transformers to Anixter HD Supply in the amount of $66,260.             SECOND:        The motion was seconded by Councilmember Baca.             VOTE:             Mayor Pike called for a vote, as follows:                                Councilmember Hughes – aye Councilmember Bowcutt – aye Councilmember Arial - aye Councilmember Baca – aye                              The vote was unanimous and the motion carried.   AWARD OF BID: Consider award of bid for active shooter defense kits for the Police Department.   Purchasing Manager Connie Hood stated that the low bidder was Bob Barker in the amount of $70,319.70.  She mentioned what gear is included in the kits and that 90 kits will be purchased.    Police Chief Stratton explained this will provide equipment for every sworn officer.  The gear has a 5-7 year life span.   MOTION:      A motion was made by Councilmember Baca to approve the purchase of the body armor kits as mentioned to Bob Barker in the amount of $70,319.70.             SECOND:        The motion was seconded by Councilmember Arial.             VOTE:             Mayor Pike called for a Vote, as follows:                                Councilmember Hughes – aye Councilmember Bowcutt – aye Councilmember Arial - aye Councilmember Baca – aye           St. George City Council Minutes April 21, 2016 Page Five                      The vote was unanimous and the motion carried.   AWARD OF BID: Consider award of bid for custom equipment for the Fleet facility.   Purchasing Manager Connie Hood explained this item is the equipment for the new fleet facility.  Under CRSA management, award will be to Automotive Equipment of Nevada in the amount of $352,689.10.    Support Services Marc Mortensen stated what equipment that will be purchased.   MOTION:      A motion was made by Councilmember Hughes to award the bid for the custom equipment for the Fleet facility in the amount of $352,689.10 to Automotive Equipment of Nevada.             SECOND:        The motion was seconded by Councilmember Bowcutt.             VOTE:             Mayor Pike called for a vote, as follows:                                Councilmember Hughes – aye Councilmember Bowcutt – aye Councilmember Arial - aye Councilmember Baca – aye                              The vote was unanimous and the motion carried.   AWARD OF BID: Consider award of bid for the Little Valley Complex Phase 5 Sports Field.   Purchasing Manager Connie Hood advised that Kokopelli Landscaping was originally the low bidder; however, they withdrew their bid because they were not qualified.  The next low bid was from B Hansen Construction.  Their original bid did not meet the budget; therefore, it is proposed to go with the additive alternative for the sand.  The bid amount is $1,998,071.18.   City Attorney Shawn Guzman clarified that Kokopelli did not have the correct license to construct the restroom facility.  He stated that they are a great company and expressed his gratitude to Wade Hughes, the owner of Kokopelli Landscaping.   MOTION:      A motion was made by Councilmember Hughes to award the bid for the Little Valley Complex Phase 5 sports field to B Hansen Construction in the amount of $1,998,071.18.             SECOND:        The motion was seconded by Councilmember Arial.              VOTE:             Mayor Pike called for a vote, as follows:                                Councilmember Hughes – 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 a zone change request to rezone approximately 10.43 acres generally located on the east side of Pioneer Road at the St. George City Council Minutes April 21, 2016 Page Six   intersection of Sugar Leo Road and Pioneer Road from Open Space to Planned Development Commercial.  Denis Lyman, applicant.   Planner Ray Snyder presented the request for a zone change on property located at Pioneer Road and Sugar Leo Road.  He presented a PowerPoint presentation covering the following: summary of request; aerial map; general plan map; zoning map; conceptual site plan; and landscaping plan.      Mayor Pike asked if the Redwood Ash trees could be revisited as he remembers there being issues with them on other projects.   Mr. Snyder stated that staff could ask Parks staff or the Shade Tree Board for recommendations.  He mentioned the materials board and showed a detailed map of the proposal; detention pond; grading plan’ photos of the area; existing Monster Storage facility; security wall; metal fence; site photos; details on Pioneer Road; drainage; and additional photos of the area.  The Planning Commission recommended approval with the following conditions and comments:   1.    Approve the zone change from OS to PD-C on 10.43 acres. 2.    Approve only one use – RV Storage. 3.    The conceptual layout as presented is approved. 4.    The canopies height, materials and colors (roof) are approved as presented 5.    The 6’ high CMU security wall with bands of textured block material and color band is approved as presented. 6.    The 6’ high security corrugated colored metal fence is approved as presented 7.    The 14’ wide and 10’ wide trail locations are approved as presented.  The applicant shall work with the Parks Department for design and materials to be installed.  One half o...

...er award of bid for the Little Valley Phase 2 renovation project.   Parks Planner Millie Cockerill explained the bid is for the Little Valley Phase 2 renovation project and outlined the proposed renovations.  The low bidder was Progressive Contracting, Inc at a cost of $1,546,411.50, which was below the engineer’s estimate.   After being asked by Councilmember Baca, City Attorney Shawn Guzman provided an update on issues with another contractor.   Councilmember Randall returned.   MOTION:      A motion was made by Councilmember Hughes to award the bid for the Little Valley Phase 2 renovation project to Progressive Contracting, Inc in the amount of $1,546,411.50. SECOND:        The motion was seconded by Councilmember Baca.   Mayor Pike noted that this was budgeted for; this is the City’s soccer complex.   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.   APPROVAL TO PURCHASE: Consider approval to purchase the Crimson Ridge Park playground equipment.   Parks Planner Mark Goble explained this request is to approve the purchase of the playground equipment for the Crimson Ridge Park.  Staff recommends purchasing the equipment from Gametime, through the State contract, in the amount of $151,460.59.     St. George City Council Minutes December 7, 2017 Page Four   MOTION:      A motion was made by Councilmember Randall to purchase the Crimson Ridge Park playground equipment in the amount of $151,460.59. SECOND:        The motion was seconded by Councilmember Arial. 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.   CHANGE ORDER: Consider approval of a change order for the HA5 Asphalt Seal Coat project.   Assistant Parks Manager Cody Schmitt stated the request is for a change order to the HA5 Asphalt Seal Coat project in the amount of $96,809 so that additional parks and trails can be added to the original contract.    MOTION:      A motion was made by Councilmember Hughes to approve the change order for the HA5 Asphalt Seal Coat project in the amount of $96,809. SECOND:        The motion was seconded by Councilmember Arial. 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.   APPROVAL TO PURCHASE: Consider approval to purchase two (2) 2018 Ford F-150 trucks for the Police Department.   Police Chief Marlon Stratton explained the request is to purchase two (2) 2018 Ford F-150 trucks for the Police Department in the amount of $73,999.52.   MOTION:      A motion was made by Councilmember Baca to purchase two (2) 2018 Ford F-150 trucks for the Police Department in the amount of $73,999.52. SECOND:        The motion was seconded by Councilmember Randall. VOTE:             Mayor Pike called for a vote, as follows:   Councilmember Hughes – aye Councilmember Randall – aye Councilmember Bowcutt – aye Councilmember Arial – aye Councilmember Baca – aye St. George City Council Minutes December 7, 2017 Page Five           The vote was unanimous and the motion carried.   PUBLIC HEARING/AMEND PLANNED DEVELOPMENT RESIDENTIAL ZONE/ORDINANCE: Public hearing to consider amending the Planned Development Residential zone on approximately 28.72 acres located near the intersection of Desert Canyons Parkway and Rim Runner Drive.  Curt Gordon, applicant.   Planning and Zoning Manager John Willis presented the request to amend the Planned Development Residential rezone on approximately 28.72 acres located near the intersection of Desert Canyons Parkway and Rim Runner Road.  He presented a PowerPoint presentation covering the following topics: aerial map; zoning map; Desert Canyons planned development plan; concept plan site data; examples; proposed elevations; and photo of proposed sign.  The Planning Commission took public hearing and recommended approval with an updated materials board.  During the building permit process, staff will see the developer complies with the fire code.   Applicant Curt Gordon explained they have been working with staff to refine the concept.  He mentioned and showed the updated materials and colors board.  They have been speaking to neighboring residents; this project should not block any views.   Mayor Pike opened the public hearing.    Resident Stan Uskra stated the exit ramp near Desert Crest is narrow.  He feels putting additional cars on the road is not ideal; it will create gridlock.  As there is not a park, kids in the area play in the street.    Mayor Pike noted that the City’s traffic engineers will work with the developers.    City Attorney Shawn Guzman commented the future plan is to loop the road to the east.   Mr. Willis added that there will be a playground or parks in the area.   Mayor Pike closed the public hearing.   MOTION:      A motion was made by Councilmember Baca to approve an ordinance amending the Planned Development Residential zone on approximately 28.72 acres located near the intersection of Desert Canyons Parkway and Rim Runner 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           The vote was unanimous and the motion carried.   PUBLIC HEARING/ZONE CHANGE/ORDINANCE: Public hearing to consider changing the zone from OS (Open Space) to C-2 (Highway Commercial) on approximately 7.2 acres located on the east side of St. George City Council Minutes December 7, 2017 Page Six   the I-15 Freeway and north of the existing electrical substation.  Bryce Christensen and Steven Larson, applicants.   Planning and Zoning Manager John Willis presented the request to change the zone from OS (Open Space) to C-2 (Highway Commercial) on approximately 7.2 acres located on the east side of the I-15 Freeway and north of the existing electrical substation.  He presented a PowerPoint presentation covering the following topics:   aerial map; zoning map; general plan map; photos of the site.  The Planning Commission recommended approval subject to a development agreement that limits development until the infrastructure is provided and limits the site to one (1) billboard.   City Attorney Shawn Guzman commented that the roadways needs to be a public roadway access to the property.   Representative for the applicant Kent Provstgaard mentioned they have been working on this project for a while.   Mayor Pike opened the public hearing.  There being no comment, he closed the public hearing.   MOTION:      A motion was made by Councilmember Randall to approve the ordinance changing the zone from OS (Open Space) to C-2 (Highway Commercial) on approximately 7.2 acres located on the east side of the I-15 Freeway and north of the existing electrical substation with the Planning Commission’s recommendations. 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.   PUBLIC HEARING/ZONE CHANGE/ORDINANCE: Public hearing to consider changing the zone from R-1-10 (Single Family Residential) to PD-R (Planned Development Residential) on approximately 1.2 acres located between Riverside Drive and the proposed Dinosaur Crossing Drive.  Bach Homes, applicant.   Planning and Zoning Manager John Willis presented the request to change the zone from R-1-10 (Single Family Residential) to PD-R (Planned Development Residential) on approximately 1.2 acres located between Riverside Drive and the proposed Dinosaur Crossing Drive.  He presented a PowerPoint presentation covering the following topics:  aerial map; zoning map; general plan map; and proposed layout.  The applicant is requesting short term rentals with this phase only; he outlined the requirements.  He continued with the PowerPoint: landscape plan; amenity plan; and elevations.  The Planning recommended approval with standard comments and conditions, one of which was that the residents have permanent access to the Grayhawk amenities.  He stated the development is part of the Grayhawk project; they do meet City code with regard to parking.      St. George City Council Minutes December 7, 2017 Page Seven   City Attorney Shawn Guzman added the approval should be contingent upon the applicant combining the two parcels into one and update the plat.    Applicant Nick Mason clarified the application was made to have the lots be individual, subdivided lots.  He understood this to be an amendment to the plat and requested the lots be subdivided so they can be sold individually.    Mr. Willis stated staff was not aware of this request; however, they can work through that.   Mr. Mason noted this is part of Grayhawk; an addition to it so that residents are able to use the amenities in terms of short term rentals.    Mr. Willis explained this request was presented as an addition to Grayhawk, not as individual lots rather one property with several buildings; none of which would be sold separately.  The parking requirements are being met.  Access to Grayhawk may need to be worked out.   Mr. Mason clarified these units would not be condos.    City Attorney Shawn Guzman added there would be some sort of an agreement recorded with these properties to note they have perpetual use of the amenities.    Councilmember Arial stepped out.   Mayor Pike opened the public hearing.  There being no comment, he closed the public hearing.   Councilmember Arial returned.   A discussion took place regarding the request and how to proceed.    MOTION:      A motion was made by Councilmember Randall to approve the ordinance changing the zone from R-1-10 (Single Family Residential) to PD-R (Planned Development Residential) on approximately 1.2 acres subject an agreement for parking, the use of the amenities at Grayhawk, and one plat for both projects. SECOND:        The motion was seconded by Councilmember Arial. 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 LOT/ORDINANCE: Public hearing to consider amending lot 4 in the St. James Place Phase 4 subdivision and vacating the public utility easement at the rear of the lot.  David & Yvonne Jorgensen, applicants.     St. George City Council Minutes December 7, 2017 Page Eight   Assistant Public Works Director Wes Jenkins presented the request to amend lot 4 in the St. James Place Phase 4 subdivision by merging lot 4 with the parcel to the north and to vacate the public utility easement at the rear of the lot.  He showed the plat and outlined the amendments.   Mayor Pike opened the public hearing.  There being no comment, he closed the public hearing.   MOTION:      A motion was made by Councilmember Hughes to approve an ordinance amending lot 4 in the St. James Place Phase 4 subdivision and vacating the public utility easement at the rear of the lot. SECOND:        The motion was seconded by Councilmember Arial. 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.   AMEND CITY CODE/ORDINANCE: Consider approval of an ordinance amending Title 5, Chapter 4 of City Code to prohibit the trapping of animals within the City except under certain exceptions.   City Attorney Shawn Guzman presented the request to amend Title 5, Chapter 4 of City Code.  He outlined the proposed amendments.   The Council discussed the proposed amendment after which they decided to remove the 50-foot distance in sections 3 and 4.   MOTION:      A motion was made by Councilmember Arial to approve the ordinance amending Title 5, Chapter 4 of City Code to prohibit the trapping of animals within the City except under certain exceptions; removing the 50-foot distance in sections 3 and 4. 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.   ESTABLISH FEES FOR SOLID WASTE/RESOLUTION: Consider approval of a resolution establishing fees for the collection of residential solid waste as authorized by St. George City Code Title 4, Chapter 4, Section 8. St. George City Council Minutes December 7, 2017 Page Nine   Administrative Services Director Trevor Coombs presented the request to approve a resolution establishing fees for the collection of residential solid waste.  He explained the contract is reviewed every few years.  Republic Services is increasing their fees slightly; therefore, the request is to pass on the increase to the customer, including a slight administrative fee - for a total of $.35.  The City can absorb the cost and not pass it on to the customer.   Mayor Pike noted that Republic absorbed the increase the last time.   Mr. Coombs outlined previous increases; this proposed increase is the lowest.   Councilmember Hughes noted the bids need to be done more often.  This can be reevaluated during the next bidding process.    Mayor Pike explained the public will be notified of the increase, but a public hearing is not required.   Mr. Coombs noted that a notice of a possible increase is posted on the City’s website.   MOTION:      A motion was made by Councilmember Baca to approve a resolution establishing fees for the collection of residential solid waste as authorized by St. George City Code Title 4, Chapter 4, Section 8; increasing by a total of $.35. SECOND:        The motion was seconded by Councilmember Arial. 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.   Mayor Pike called for a short recess.   INTERLOCAL AGREEMENT: Consider approval of an interlocal agreement with Washington County for the Tour of Utah Pro Bicycle Race.   Support Services Director Marc Mortensen presented the request to enter into an interlocal agreement with Washington County for the Tour of Utah Pro Bicycle Race which will take place in August 5 and 6, 2018.  He outlined the street closures and what support the City will provide as well as the event and the benefits to the City.     MOTION:      A motion was made by Councilmember Randall to approve the interlocal agreement with Washington County for the Tour of Utah Pro Bicycle Race.  SECOND:        The motion was seconded by Councilmember Arial. St. George City Council Minutes December 7, 2017 Page Ten   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.   SET PUBLIC HEARINGS: Assistant Public Works Director Wes Jenkins advised at its meeting held on November 28, 2017 the Planning Commission recommended setting public hearings on Thursday, January 4, 2018 to consider: 1) Amending the General Plan from PF (Public Facilities) to LDR (Low Density Residential) on approximately 17 acres located at approximately 2710 East Crimson Ridge Drive; 2) Changing the zone from A-1 (Agriculture) and A-20 (Agriculture) to R-1-10 (Single Family Residential 10,000 sq. ft. minimum lot size) on approximately 17 acres located at 2710 East Crimson Ridge Drive; 3) Changing the zone from PD-R (Planned Development Residential) to PD-C (Planned Development Commercial) at 3143 South 840 East; 4) Changing the zone from OS (Open Space) to R-1-10 (Single Family Residential 10,000 sq. ft. minimum lot size) on approximately 5.27 acres located at approximately 1400 West 3650 South; and 5) Amending the PD-C (Planned Development Commercial) zone on property generally located at the intersection of the I-15 Freeway and the Southern Corridor.   MOTION:      A motion was made by Councilmember Bowcutt to set the public hearings for January 4, 2018. 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 Councilmember Arial – aye Councilmember Baca – aye           The vote was unanimous and the motion carried.   PRELIMINARY PLAT: Assistant Public Works Director Wes Jenkins presented the preliminary plat for Tuscan Hills Phase 4, a 14-lot residential located at Plantations Drive and Province Way; zoning is Planned Development Residential.  He showed the final plat and outlined the preliminary plat.   MOTION:      A motion was made by Councilmember Randall to approve the preliminary plat for Tuscan Hills Phase 4. SECOND:        The motion was seconded by Councilmember Hughes. VOTE:             Mayor Pike called for a vote, as follows:   Councilmember Hughes – aye Councilmember Randall – aye St. George City Council Minutes December 7, 2017 Page Eleven   Councilmember Bowcutt – aye Councilmember Arial – aye Councilmember Baca – aye           The vote was unanimous and the motion carried.   PRELIMINARY PLAT: Assistant Public Works Director Wes Jenkins presented the preliminary plat for Tuscan Hills Phase 5, a 28-lot residential located at 1310 West and Province Way; zoning is Planned Development Residential.  He showed the final plat and outlined the preliminary plat.   MOTION:      A motion was made by Councilmember Hughes to approve the preliminary plat for Tuscan Hills Phase 5. 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.   PRELIMINARY PLAT: Assistant Public Works Director Wes Jenkins presented the preliminary plat for Ventana Ridge, a 27-lot residential located near the intersection of 2450 South and River Road; zoning is R-1-10 (Single Family Residential 10,000 sq ft minimum lot size).  He showed the final plat and outlined the preliminary plat.  The developer is proposing the City maintain the landscape strip; the Parks Department is okay with that as they maintain others in the area. &n...

...which facilities will be used. The group discussed who is using the parks. Past problems were discussed, such the league using the park illegally. The league is now trying to do this legally. Council Member Isom asked is there any other thing scheduled on Sundays. Superintendent Scott replied there isn't. the group using it now is not scheduled. They are bunch of guys having fun. Council Member Gardner asked if scheduling the park for this league will prevent other citizens from using the parks. The representative from the league responded that they can be flexible and can use whatever facility the City approves. Council Member Allen asked if they are aware of the restrictions on the park, such as no alcohol and the park needs to be cleaned up after the games.. Council Member Whatcott commended the adults for putting this together and assumes people that are not Latino can play too. He explained he pays a fee to play in a leagues, part of the fees are allocated for care of the facility. He explained he has a hard time waiving the fees on a facility that will have to be maintained. It may be discriminating against everyone else in the City that is required to pay a use fee. The representative from the league explained they don't have the money to pay, but thinks they can work with the players if it is not much of a fee. But they don't really have any privileges and would like the Council to consider that. The representative from the league explained there are a lot of non-Latinos playing already. In the future they may want to play in the Latino league but many of them can't play on Sunday. The Council discussed that fees have been waived for youth sports as a way to encourage participation. They also discussed that a portion of the fee paid by those participating in City Leagues is allocated to park maintenance. The amount of the fee was discussed, the fee is $228 per Sunday, which is based on the cost to maintain the facility and clean up and repair the sod after events. City Manager Esplin suggested reevaluating the fee schedule. Park Superintendent Scott explained that usually the Parks Department charges adults because they have the ability to pay and adults can be harder on the grass than kids. Council Member Isom made a motion to approve this request, but asked the Latino League to check with Superintendent Scott as to which park is available, until the fees are evaluated for all organizations that use it. Council Member Allen seconded the motion and added that the Latino League is responsible to police the area to make sure it is cleaned and taken care of so the City doesn't have to. City Manager Esplin emphasized the park rules have to be followed. The Mayor suggested the applicant pass out and review park rules with the teams so they know what the rules are and asked the Council for a vote. The vote was 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 a request for approval of a beer license for the Winger's restaurant. City Manger Esplin explained the request is due to a new owner, it is not a new license, simply a change of ownership Council Member Whatcott made a motion to approve the request for a beer license for the Winger's restaurant. Council Member Allen seconded the motion. The vote was 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 a request for approval of a beer license for Mr. Steve Holt for the former AM/PM convenience store. City Manager Esplin indicated this is the same situation as the above request, a change in ownership. Council Member Isom made a motion to approve the request for a beer license for the former AM/PM convenience store. Council Member Whatcott seconded the motion. The vote was as follows: Council Member Gardner: aye Council Member Allen: aye Council Member Isom: aye Council Member Orton: aye Council Member Whatcott: aye Motion carried Report from the Planning Commission meeting held August 13, 2002 Associate Planner Mark Bradley made the report from the Planning Commission meeting. The Planning Commission recommends approval of the following item to be advertised for a public hearing on Thursday, September 5, 2002 at 5:00 p.m. Consider approval of a zone change from R-3 Multiple Family Residential to PD Planned Development Residential on 9.348 acres for 64 units located on the west side of the Black Hill on the east side of Shadow Mountain Drive at 360 North, north of the Shadow Mountain development. Mans Jennings, applicant. Council Member Allen made a motion to set the public hearing for approval of a zone change from R-3 Multiple Family Residential to PD Planned Development Residential on 9.348 acres for 64 units located on the west side of the Black Hill on the east side of Shadow Mountain Drive at 360 North, north of the Shadow Mountain development on September 5, 2002. Council Member Isom seconded the motion. The vote was as follows: Council Member Gardner: aye Council Member Allen: aye Council Member Isom: aye Council Member Orton: aye Council Member Whatcott: aye Motion carried. Associate Planner Bradley indicated the Planning Commission recommends approval of the following item to be advertised for a public hearing on Thursday, September 19, 2002 at 5:00 p.m. Consider approval of zone change from R-2 to R-1-8 in the east portion of the downtown St. George area for property located between 100 South and 400 South and between 400 East and 700 East. Downtown Neighborhood Committee/City of St. George, applicants. Council Member Gardner asked if the hearing can be set for September 5, 2002. Associate Planner Bradley indicated staff can send out notices advertising the hearing for September 5, 2002. Council Member Gardner made a motion to set the public hearing to consider approval of zone change from R-2 to R-1-8 in the east portion of the downtown St. George area for property located between 100 South and 400 South and between 400 East and 700 East for September 5, 2002. Council Member Whatcott seconded the motion. The vote was as follows: Council Member Gardner: aye Council Member Allen: aye Council Member Isom: aye Council Member Orton: aye Council Member Whatcott: aye Motion carried. Temporary Use Extension Associate Planner Bradley explained this is to consider an extension of time for a temporary use for the Lillywhite Plant Nursery on Hilton Drive during the time of construction of their permanent facility on Dixie Drive. Staff has not received any complaints regarding the temporary use and would support an extension. The construction drawings were approved in April of this year and construction is under way. The extended time request by the applicant was until the end of November 31, 2002 to allow ample time for completion and to transport the material over to the new site. The Planning Commission recommends approval of an extension to the end of December 2002. Roy Lillywhite, applicant. Council Member Orton made a motion to approve the temporary use request for the Lilywhite Plant Nursery through December 2002. Council Member Gardner seconded the motion. The vote was 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 Planning Commission recommends approval of the following final plats: Paradise Canyon Phase 5 with 53 units located at 1400 W. Snow Canyon Parkway. Milo McCowan, applicant. Pine Brook Subdivision Phase 2 with 24 single-family lots located at 530 South Indian Hills Drive. Cary Blake, applicant. Trebruk Estates Phase 2 with 1 single-family lot located west of Valley View Drive on Blue Duck Lane. Craig Astle, applicant. Cotton Manor Phase 5 with 20 units at 350 North 2450 East. Todd Edwards, agent. Mayor asked if there were any changes from preliminary plat? Associate Planner Bradley indicated there was one change to the Pine Brook Subdivision, they reduced the plat by 2 lots to create larger lots. Council Member Allen made a motion to approve the final plats for Paradise Canyon Phase 5 with 53 units located at 1400 W. Snow Canyon Parkway, Pine Brook Subdivision Phase 2 with 24 single family lots located at 530 South Indian Hills Drive. Trebruk Estates Phase 2 with 1 single-family lot located west of Valley View Drive on Blue Duck Lane. Cotton Manor Phase 5 with 20 units at 350 North 2450 East. Council Member Gardner seconded the motion. The vote was 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 the following preliminary plats: Associate Planner Bradley explained this is a preliminary plat for Kachina Springs East at Entrada with 45 units located on Entrada Trail off of Snow Canyon Parkway. The proposed plat is consistent with the approved Entrada Master Plan. There will be water features within the project similar to the Kachina Springs South phase but less intense according to the applicant. The plans provide for guest parking spaces along the road with sidewalk on one side of the street. There is one parking space near the entrance that is questionable and will require further review. The entrance and exit areas are both 20 feet in width for emergency access requirements. There is a proposed berm on the east side of the project instead of a wall. There will be no access from the homes to Wapatki Trail due to the elevation difference and proposed water feature. The Planning Commission recommends approval. Brett Henke, agent. Council Member Isom made a motion to approve the preliminary plat for Kachina Springs East at Entrada. Council Member Gardner seconded the motion. The vote was as follows: Council Member Gardner: aye Council Member Allen: aye Council Member Isom: aye Council Member Orton: aye Council Member Whatcott: aye Motion carried. Associate Planner Bradley explained this is a preliminary plat for Sandstone Shadows Phase 3 with 17 single-family lots located on Valley View Drive and Shadow Point Drive. This would be the final phase of the Sandstone Shadow development. Valley View Drive is a limited access public street causing the project to have double fronting lots, which requires a six-foot solid privacy wall with a minimum four-foot landscape strip. Since this development is a conventional R-1-8 subdivision with no homeowners association the applicant is requesting the City to maintain the landscape along Valley View Drive an 80-foot right-of-way. The Planning Commission recommends approval of both the preliminary plat and landscape maintenance subject to the landscape plans being approved and signed off by the City Parks Department at the same time construction drawings are approved prior to final plat approval. Nate Blake, applicant. City Manager Esplin provided some clarification, the City isn't maintaining across the street from this, the PD's that have frontages maintain them. It's a little inconsistent with other developments as this will be the first thing on Valley View Drive the City would maintain. Council Member Orton asked what the status is of future situations such as this. City Manager Esplin indicated the City will not maintain 66-foot wide areas, but will maintain on 80-foot wide access. Council Member Whatcott asked if Valley View Drive is already developed out to 80 feet. Associate Planner Bradley indicated this area would have to widened. The Council discussed the walls and the amount of traffic and that on Valley View Drive. The City is requiring the walls to avoid residents backing out into Valley View Drive. The Council discussed the look of walls and ways to soften the look. Council Member Gardner made a motion to approve the preliminary plat for Sandstone Shadow Phase 3 with agreement to maintain landscape. Council Member Allen seconded the motion. The vote was as follows: Council Member Gardner: aye Council Member Allen: aye Council Member Isom: aye Council Member Orton: aye Council Member Whatcott: nay Motion carried. Associated Planner Bradley explained this plat is for Eastwood Business Park with 14 professional office buildings located at 280 North Mall Drive. This area recently received a zone change approval from R-1-10 to Administrative & Professional Office. The Planning Commission recommends approval including the discussion of relocating the trash dumpsters and knowing that a deceleration lane is required along Mall Drive. Brad Stucki, applicant. Council Member Isom made a motion approve the preliminary plat for Eastwood Business Park with 14 professional office building located at 280 North Mall Drive with the stipulations put on the Planning Commission. Council Member Allen seconded the motion. The vote was as follows: Council Member Gardner: aye Council Member Allen: aye Council Member Isom: aye Council Member Orton: aye Council Member Whatcott: aye Motion carried. Lot Split Associate Planner Bradley explained this is to consider approval of a lot split at the Dixie Sunset Plaza at about 1750 W. Sunset Blvd. The proposed request works in a commercial zone with a recorded ingress and egress access agreement. Staff doesn't see any problem with the request subject to obtaining the necessary utilities & drainage easements and access agreement being recorded. The Planning Commission recommends approval with the above mentioned easements and access agreement. Larry Belliston, applicant. Council Member Isom made a motion to approve the lot split at the Dixie Sunset Plaza at about 1750 W Sunset Blvd. with items being recorded as specified by the Planning Commission. Council Member Orton seconded the motion. The vote was 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 a request for approval of a conditional use permit for a new City fire station to be located on the northwest corner of 1800 North and Dixie Downs Road. Associate Planner Bradley explained this is a conditional use permit for a new fire station, back-up dispatch center and police substation to be located on the northwest corner of 1800 North and Dixie Downs Road. This site is at the southeast corner of the Ironwood development and the access will be off of 1800 North. The Planning Commission recommends approval. Kevin Taylor City Fire Marshal, applicant. The Mayor asked City Manager Esplin to explain why police officers are at fire stations on occasion. City Manager Esplin explained it is an opportunity for police to utilize City facilities to communicate with headquarters or write a report with out having to leave the area they are assigned. He indicated this new station will provide a back up communications center to the one at the Police Department headquarters. City Council Member Orton made a motion to approve a conditional use permit for a new fire station, back up dispatch center to be located on the northwest corner of 1800 North and Dixie Downs Road. Council Member Gardner seconded the motion. The vote was as follows: Council Member Gardner: aye Council Member Allen: aye Council Member Isom: aye Council Member Orton: aye Council Member Whatcott: aye Motion carried. Review a conditional use permit issued previously for the Family Support Center located at 513 North 500 West. Associate Planner Bradley indicated this is a review and renewal of a conditional use permit for a Family Support Center for up to 16 daytime persons and up to 8 overnight persons (children up to 11 years old) at 513 North 500 West. One of the conditions approved for the permit was to come back to the City after one year for review. There have been no complaints of the use that staff is aware of. The Planning Commission was satisfied with the review and recommends there is no need to come back for another review unless there are considerable complaints of the use. Washington County Family Support, applicant. Council Member Gardner made a motion to approve and renew the conditional use permit for a Family Support Center for up to 16 daytime persons and up to 8 overnight persons (children up to 11 years old) at 513 North 500 West. Council Member Whatcott seconded the motion. The vote was 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 a request for approval of conditional use permit to allow an RV park for age 55 and older in a Mobile Home zone located north of 2000 South and east of 2580 East on approximately 37 acres. City Manager Esplin indicated the Planning Commission voted to deny this request. Associate Planner Bradley explained the Planning Commission heard this request on June 11, 2002. The request for the RV park is a conditional use in this zone, this request is for 374 RV pads on the 37 acres, which is under the density of what is permitted in that area. There can be 16 RV's per acre or 7 mobile homes per acre. The road network within the project is 10% to 15% of the project. The applicant has provided a comparison between the two issues. The issues tonight is to discuss the location of this RV park, the sewer issues can be resolved. He explained there is a lot of concern because of the location of the zone. The Planning Commission supports the request for a 55 and older development, but not the location of the zone. He explained the applicant has provided pictures of the location that are displayed on the video screen. Curtis Jensen introduced himself to the Council and explained he is here to assist applicants. He assured the Council that the park will be a quality project. He assured the Council that the developer is financially able to see the project through to completion and to participate in the SID. The project is for persons who are 55 and older, these are the types of individuals the economy has thrived on. He explained the developer is trying to provide a housing opportunity for theses folks who give a lot and ask for little in return. He indicated this group is known to be of less impact on the services than others, they conserve water and power. The development may be high density, but it is something for which the area has been zoned. He explained the applicant feels like at this time it is of best option for the area and asked the Council to grant the conditional use permit. Karl Larson thanked the Council for taking the time to consider this proposal. He reviewed the slides of the property. He explained the slope will be left as open space, with would have picnic tables. He would be glad to have a horse trail through the project. He understands that 374 is a fairly high density but regulations would allow to the number of units to be as high as 572. The Clubhouse would be 12,000 square feet, it would be used for dinners, dances and other community activities. He explained he went to Phoenix and Mesa AZ as well as other areas to look at parks of this type to see what works. The amenities are what make the project successful. The project will have 2 tennis courts, shuffleboard courts and other activities. He indicated one of the major concerns is the water situation. In the summer the park will have about a 30% occupancy rate, the landscaping will be desert type reducing water use. This will be a lease park, the individuals will lease the lots and put the park models and RV's on the lots and he will maintain the lots. He expressed this will keep it looking nice and it will be successful. Council Member Isom asked Mr. Larson to discuss the type of medical arrangements made for people in the park. Mr. Larson explained he will retain a home health nurse to come to the park a couple of times a month to address any needs the residents may have. Todd Edwards indicated Mr. Larson did participate in the SID so there is access to improved roads, he explained a traffic study has been done that indicates what needs to be done, Mr. Larson is willing to do those things. He explained they worked with the sewer department to get access to the wastewater facility. The water situation is much improved, power will be provided by Dixie Escalante. This is a little more secluded area for an RV park than others in the City. He indicated there is a definite need and zoning for this type of development is limited. Council Member Isom asked Mr. Edwards to elaborate on what is being done with the roads outside the park. Mr. Edwards indicated 2000 South and is being improved as are improvements to the intersections so that everything is safe and that RV's can get in and out without problems. He explained Mr. Larson wanted to make sure there was no pass through traffic so there is limited the access to one intersection on each street. There was discussion concerning the width of the roads and the traffic study recommendations. Council Member Gardner asked regarding sewer participation, did developer participate in the prior SID and are they going to participate in the next one too? Mr. Edwards indicated a lift station would be needed to use the sewer line that was recently put it. The developer did participate in the last SID and will work with the sewer department to participate in a gravity flow line. But the developer is not doing a sewer lift station, that money can be used for installing a sewer trunk line. Council Member Isom provided some information from the fair housing office in Salt Lake City for Mr. Larson to review to be sure that anything that is done is in compliance with State laws. The group discussed the age of RV's and mobile homes within the development, only units 5 years or younger would be allowed without going through a review process. Units older than 5 years would need the permission of the developer to be installed. No camp trailers less than 20 feet nor campers would be allowed in the community. The group discussed the leasing options and types of leases available. Mr. Larson indicated he is going for annual basis leasing. Plans for weekly or monthly leases will be available for those who want to "test the waters". The Mayor commented that the Council has looked at this area in conjunction with the City's master plan. The new master plan doesn't accommodate this kind of density. He asked Mr. Larson if he has considered anything that is less dense. Mr. Larson explained he has looked at every option there is, and feels like this is the best use for this property. He has considered what he paid for this property, SID costs and this project is economically feasible. He explained he doesn't like to do any project that isn't quality, he wants to exceed standards. He explained this project is his retirement he is not going to do anything to jeopardize it. The Mayor commented that he knows Mr. Larson does a quality project, but once it's been rezoned anything can happen. He explained the Council often bases decisions on the worse case scenario rather than a best case scenario. He indicated this isn't a public hearing, but there are a lot of people in attendance that are interested in the project. He invited them to make comments. Brian Jenkins explained he is a prospective buyer in the area, he indicated his heart sank when he heard there was a mobile home project going in. He explained he could feel comfortable with the project if it goes in as planned and with some assurances that the quality would be maintained. But he is concerned about main road and heavy traffic, how can that be alleviated. City Manager Esplin explained that in theory, the conditional use permit is granted based on the plan that is submitted. So if it deviates from the plan the project gets shut down. If the property is sold, it has to be maintained as submitted, this is not a guarantee, but it does provide some assurance the approved plan will be followed. Jim McArthur asked if the Council received a copy of the petition that was sent around. He handed in some additional pages that were not available when the petition was submitted. He commented that he appreciates Mr. Larson's emotional appeal, but the City's general zoning rules need to be abided. He said the Greystone subdivision voluntarily went to ? acres lots and Crimson Cliffs subdivision is being forced to go to ? acre lots. He expressed concerned about the traffic and older people driving. He hopes this proposed conditional use permit will not be approved as this is not the place for this type of development. He thinks the legal department should take a look at this because it could border on negligence due to the amount of traffic. He also asked about units that age after they are put in there, when they are over 5 years old will they be removed? Council Member Orton asked Mr. McArthur if the neighbors would prefer leaving the area zoned as a mobile home park rather than the RV park. Mr. McArthur commented that it's the lesser of 2 evils, it's too bad that before this request went in the City didn't look at this area and address the zoning issues. Council Member Orton explained the City inherited this property from the County, which did the zoning 17 years ago. He commented it probably wouldn't go through today. The developer can put the mobile home park in without coming to the Council if the requirements are met. He indicated in some ways the Council's hands are tied. Again, would you prefer a mobile home park to RV park. Mr. McArthur replied he can't speak for the group of people, but he would prefer a mobile home park for 55 and over. He doesn't know why the property can't be turned into a residential area. The Council discussed changing the zone and the rezoning being done in the downtown area, which it being driven by the neighborhood. Council Member Gardner commented that he doesn't disagree with what Mr. Larson has said. He expressed that those living in this type of development can be good neighbors, it does, however, bring density into the neighborhood and may decrease property values and increase traffic. He recalled a discussion of concerns when Temple RV came into town, however, it seems to have worked well but it is located in an industrial area. He has seen mobile home parks that have deteriorated rather rapidly. He agreed the City has inheri...

...lt with. They are proposing to dedicate a bit of open space to the city. Parks has stated they do not want it without the bottom portion. The developer does not want to do that. They want to maintain it and keep it with those lots. Unless more area is dedicated; Parks is not in favor of the dedication. Commissioner Ron Bracken opened the item for questions. Commissioner Ro Wilkinson noted that it looks like we’re getting into more and more low density down there. Are we not looking for more open space? It looks to me that there is more low density out there. Wes Jenkins asked for clarification on what Commissioner Ro Wilkinson meant by “open space”. Commissioner Ro Wilkinson clarified that more parks should be there because there is a lot of low density out there. Wes Jenkins responded there is a lot of low density out there. Parks has indicated that there should be another park out there besides the Silkwood Park. Commissioner Ro Wilkinson continued by adding that it seems to that they we’re going to have larger lots, and now there are smaller lots. Chairman Ron Bracken pointed out that these are large lots and corrected Commissioner Wilkinson that she is referring to low density when she means high density. Wes Jenkins noted that they are ½ acre lots. Commissioner Ross Taylor asked if the plat was drawn to scale because some of the R-1-10 lots look larger than the RE. Wes Jenkins answered that the plat is to scale; it looks that way because there is a no disturb area and some hillside. He added that if you get behind that little slope you can’t really see the Little Valley area. Commissioner Nathan Fisher pointed out that the developer wants to dedicate open space to the city but the Parks does not want it. Wes Jenkins responded right, because it’s just that little remnant piece. So what we need to do on the plat is note it as no disturb. Commissioner Nathan Fisher clarified that all of the open space will be removed from the plat. Wes Jenkins responded, right, unless they give more area to the city. Commissioner Nathan Fisher inserted that if we recommend approval it will be with the note to remove that wording. **Shawn Guzman arrived at 5:20** MOTION: Commissioner Nathan Fisher made a motion to recommend approval of item 4 with the condition that the notation referencing open space to be dedicated to the city is either removed and noted as no disturb OR the parks department’s desire for more space will be provided if it’s...

...ey found that most young families are active and want access to trails and parks. Pocket parks were discussed. The intent was to provide something nice without having a big HOA fee. Their preference was to include public amenities and avoid large HOA fees. Setback concerns raised previously were addressed in their plan. Pedestrian and equestrian trails would be separated by a berm. Lots would access riding areas directly without trespassing across private property. Jim remarked that there are a great deal of trails proposed in the project. Trails would be 10-feet wide within a 30-foot landscaped median. They looked seriously at fronting the roads, however, they wanted to slow traffic down and make the roads pedestrian-friendly. Jim gave a slide presentation showing various examples of what was proposed. Various aspects within the proposed park were described. Curt Gordon pointed out that all of the colored areas on the map showed trails leading to the central park. Jim Raines described the different types of trails. The proposed pocket parks were shown. Two transit stops would be provided within the project. The neighborhood center PLANNING COMMISSIONApril 24, 2007Page Tenconcept was discussed. Thirteen live-work units were described which would include a mix of residential and commercial units. A mixed-use building was also proposed as rooftops are built. The central plaza area could be used for gatherings and other uses. Housing diversity issues were discussed. The intent was to have different types of housing. They tried to put different sizes and values of lots throughout the community. Lot sizes were presented. Jim Raines presented examples of alley-loaded products. Twin homes would appear to be single-family attached homes which would be attached in the rear. They would be less expensive but yet maintain the value of the project. With town homes they were trying to work with the topography of the site. A cross section of the entry was shown. An example of a typical street scape was displayed. Councilwoman Bunker was concerned about the alleyways and asked what had been seen in other projects that caused him concern. Jim Raines remarked that in other projects there were problems with circulation and parking and many thought that the property would have been better used in a backyard. He also expressed concern with garbage collection issues. The marketability of alleys was also of concern. Jim Raines commented that utilities could also not be accessed from alleyways and they would be required to be out front. Curt Gordon showed a photo of a local alley-loaded product in Coral Canyon that was very unsuccessful. Bob Nicholson brought up the issue of City-maintained pocket parks. The City’s position on alleys was to include a mixture of both homes with front driveways and homes with alleys. He referred to other products that contained a mixture of alley loaded products. Chairman Almquist opened the public hearing.Bob Roth identified himself and representing Western Rock products, which is an adjoining property owner. They were in the process of mining and excavating the adjoining site. He expected the operation to continue for at least the next 18 years. He noted that the project would be bordered on at least two sides by commercial operations. Scott Roper stated that he lives adjacent to the proposed project. He expressed concerns with traffic.David Harris a Little Valley Ranches resident, was impressed by the level of detail put into the development. He owns horse property and agreed that the equestrian buffer was too small. He asked that be reconsidered. He thought the proposed density was too high.PLANNING COMMISSIONApril 24, 2007Page ElevenAaron Prisbee lives adjacent to the proposed project. He had researched TNDs, studied the plan, and read the ordinance. He did not believe that what was proposed was a TND. He thought the maps were completely different than what was shown in the photographs. He referred to the buffer zone and remarked that he and his neighbors owned horses, goats, and other animals. Many kept their animals in the rear of their properties. He thought the proposed buffer was inadequate and should be increased. He had a 42,000 square foot lot and was concerned that directly behind him would be much smaller lots. Jeff Frazier a neighbor, commended the designers and developers for what he viewed as a great plan. He was concerned, however, with integrating the proposed project into the local area. He referred to the site map and identified geological formations in the area. He hoped the hillsides, bluff areas and Fort Pierce Wash would be preserved for all to enjoy. He urged the Planning Commission to be sensitive to the environment and avoid crowding into beautiful areas. Traffic concerns were described. Becky Roper asked who would maintain the landscaping and parks in the proposed project. Chair Almquist stated that the larger park would possibly become a City park. Maintenance of the streetscapes, pocket parks, and trails was still undecided but should be an HOA responsibility. ...

...rge City Council Minutes January 28, 2010 Page Two and Laura Taylor, Parks Planning Division Manager. He advised the City has four landscape architects working on 47 different projects. He presented a power point presentation covering first trails, first trail funding, first parks and trails master plan, first critical area plan trail system, 1992 UNLV survey, Three Rivers Trail, bond, bond survey, 2002 parks and trails master plan, 2006 parks, recreation, arts and trails master plan trails map, survey results of 2006 parks recreation arts and trails master plan survey on trails, trails plan 2010, trails to date, paved regional trail system cost, trail system funding sources, trailheads, confluence area bridges and underpasses, halfway wash trail underpass at snow canon parkway, middleton wash trail underpasses, trail building resources, trail gaps, challenges, virgin river trail corridor, and multi-modal trails. Mayor McArthur inquired about the pavement management plan for trails. Mr. Perkins replied there is a pavement management program for parking lots and trails and the Bloomington trail was completed last year. Ed Baca inquired about the Mall Drive bridge trail. Mr. Perkins replied this trail is part of the trail system. Councilmember Pike commented that the trail from Bloomington to Sun River is fine for what it is, but he would like to see it someday overlaid with asphalt. Laura Taylor advised that this trail is 18 inches deep and will stand up to a bigger flood than a typical asphalt trail built on 6" of gravel, and in the long run is a good investment. A general discussion was held on the Middleton Wash trail. Councilmember Almquist inquired if the natural trail in the area of Price City Hills on the east side of I-15 on the water tank easement is still in the works. Mr. Perkins replied that it is. Mayor McArthur explained how the first recreation bond for improvements came to be. City Manager Gary Esplin advised that at some point the City is going to have decide if it wants to replace some assets with others in order to make more parks and trails. He advised that the $18,000,000 recreation bond caused th...

... Councilmember Almquist inquired if Mr. Stuart has coordinated with the Parks staff with regard to watering of the lawn. Mr. Stuart replied that he has not yet coordinated that with the Parks staff, but he will do so. Mayor McArthur asked if Mr. Stuart has contacted any of the local restaurants. Mr. Stuart explained that while there has been quite a bit of interest, he wanted to wait until after he spoke with the City Council to move forward. Mayor McArthur commented this will be a great opportunity to showcase local businesses. Mr. Stuart stated that the area has chains that have plenty of money and the purpose it to give the local businesses exposure and recognition to survive. Councilmember Bunker inquired if Mr. Stuart owns a restaurant or if this was a 501c3. She also inquired about where the stage was going to be set up. Mr. Stuart explained that he does not own a restaurant and this is a for profit company that will be selling booth space to vendors. He also stated that the stage will 20' x 20' and will be located at the Southeast corner. Mayor McArthur explained to Mr. Stuart that he will need to follow through with all requirements for obtaining the permit. MOTION: A motion was made by Councilmember Almquist to approve the special events permit. SECOND: The motion was seconded by Councilmember Pike. St. George City Council Minutes March 15, 2012 Page Three VOTE: Mayor McArthur called for a vote, as follows: Councilmember Bunker - aye Councilmember Almquist - aye Councilmember Nickle - aye Councilmember Pike - aye Councilmember Hughes - aye The vote was unanimous and the motion carried. LAND ACQUISITION: Consider approval of a purchase agreement for 13.35 acres of floodplain property where the City will route the Virgin River Trail South C segment adjacent to the Sun River development. City Manager Gary Esplin advised this is for formal approval to purchase 13.35 acres needed for the Sun River trail as discussed in a previous work meeting. The value is based on the County assessment. Councilmember Pike commented this purchase will be great for the trail. MOTION: A motion was made by Councilmember Nickle to approve the purchase agreement. SECOND: The motion was seconded by Councilmember Almquist. VOTE: Mayor McArthur called for a vote, as follows: Councilmember Bunker - aye Councilmember Almquist - aye Councilmember Nickle - aye Councilmember Pike - aye Councilmember Hughes - aye The vote was unanimous and the motion carried. BEER LICENSE: Consider approval of a beer license for the Riverside Texaco at 1572 S. Convention Center Drive. Vishnu Patel, applicant. City Manager Gary Esplin advised that although there is an existing license, the Riverside Texaco is requesting a new license holder and meets all requirements. MOTION: A motion was made by Councilmember Bunker to approve the beer license. SECOND: The motion was seconded by Councilmember Hughes. VOTE: Mayor McArthur called for a vote, as follows: Councilmember Bunker - aye Councilmember Almquist - aye Councilmember Nickle - aye Councilmember Pike - aye Councilmember Hughes - aye The vote was unanimous and the motion carried. SET PUBLIC HEARINGS: Community Development Projects Coordinator Bob Nicholson advised that the Planning Commission, at its meeting held May 13, 2012, recommended that a public hearing be scheduled for April 5, 2012 to consider a zone change request from R-1-10 (Single Family Residential 10,000 square foot minimum lot size) to R-3 (Multiple Family) on 0.86 acres generally located at 1020 East and 600 South. The applicant is Janean Huppi. Mr. Nicholson stated the plan conforms with the general plan for the City. MOTION: A motion was made by Councilmember Bunker to set the public hearing as recommended. SECOND: The motion was seconded by Councilmember Almquist. St. George City Council Minutes March 15, 2012 Page Four VOTE: Mayor McArthur called for a vote, as follows: Councilmember Bunker - aye Councilmember Almquist - aye Councilmember Nickle - aye Councilmember Pike - aye Councilmember Hughes - aye The vote was unanimous and the motion carried. PRELIMINARY PLAT: Bob Nicholson presented the preliminary plat for Neighborhood Medical to create a doctors office on a 0.54 acre parcel. The applicant is Sun River and the representative is Rosenberg and Associates. The property is zoned PD-COM and is located at approximately 1385 West Havasu Drive. The applicant is creating a one lot subdivision adjacent to an assisted living center and is a modular building used as a doctors office. MOTION: A motion was made by Councilmember Pike to approve the preliminary plat. SECOND: The motion was seconded by Councilmember Almquist. VOTE: Mayor McArthur called for a vote, as follows: Councilmember Bunker - aye Councilmember Almquist - aye Councilmember Nickle - aye Councilmember Pike - aye Councilmember Hughes - aye The vote was unanimous and the motion carried. PRELIMINARY PLAT: Bob Nicholson presented the preliminary plat for Meadow Valley Farms - Phase 2 to create a 16 lot residential subdivision on a 13.97 acre parcel. The applicant is KDQD LLC and the representative is Mr. Stacy Young. The property is zoned RE-20 and RE-37.5 and is located near Little Valley Road and south of the Rancho Verde Estates subdivision. Lots will be .50 to 1 acre and the overall density is 1.15 dwelling units per acre. The roadway is a 58 foot right of way providing for an 8 foot landscaping strip between the curb and sidewalk. The Planning Commission recommends approval. MOTION: A motion was made by Councilmember Bunker to approve the preliminary plat. SECOND: The motion was seconded by Councilmember Pike. VOTE: Mayor McArthur called for a vote, as follows: Councilmember Bunker - aye Councilmember Almquist - aye Councilmember Nickle - aye Councilmember Pike - aye Councilmember Hughes - aye The vote was unanimous and the motion carried. PRELIMINARY PLAT: Bob Nicholson presented the preliminary plat for Sycamore - Phase 2 to create a 15 lot residential subdivision on a 6.64 acre parcel. The applicant is KDQD LLC and the representative is Mr. Stacy Young. The property is zoned RE-12.5 and is located near Little Valley Road and south of the Sun Valley Estates Phase 7 subdivision. He stated at a previous meeting, Councilmembers approved the abandonment of Banded Hills Drive. The new road will give access to the westside of the airport through the subdivision. Councilmember Hughes asked what the average lot size will be. Mr. Nicholson responded the lots will average from 12,500 sq. ft. to 17,219 sq. feet. Councilmember Pike inquired if the lots will front on the new street. Mr. Nicholson responded they will front the new street. He said the street will be a 60 foot right of way to accommodate some of the additional traffic. St. George City Council Minutes March 15, 2012 Page Five MOTION: A motion was made by Councilmember Hughes to approve the preliminary plat. SECOND: The motion was seconded by Councilmember Almquist. VOTE: Mayor McArthur called for a vote, as follows: Councilmember Bunker - aye Councilmember Almquist - aye Councilmember Nickle - aye Councilmember Pike - aye Councilmember Hughes - aye The vote was unanimous and the motion carried. LOT SPLIT: City Planner Craig Harvie advised this request is to split a 0.95 acre residential lot into two individual lots. He stated the size of the new parcels will be 0.51 acres for parcel 1 and 0.44 acres for parcel 2. A zone change was approved by the City Council at the last meeting. The applicant’s home is currently on parcel 1. He stated the Planning Commission recommends the approval with the standard conditions that accompany lot splits. MOTION: A motion was made by Councilmember Pike to approve the lot split provided the standards conditions are met. SECOND: The motion was seconded by Councilmember Bunker. VOTE: Mayor McArthur called for a vote, as follows: Councilmember Bunker - aye Councilmember Almquist - aye Councilmember Nickle - aye Councilmember Pike - aye Councilmember Hughes - aye The vote was unanimous and the motion carried. LOT LINE ADJUSTMENT: Project Manager Todd Jacobsen explained the purpose of the lot line adjustment is to provide an additional area to a previously approved cell tower within the Desert Canyons Development located near the Utah/Arizona border. The additional land will serve for equipment shelters and room for maneuverability. Councilmember Almquist commented when the item was discussed as a hillside item, any structures will be colored so as to blend in. He asked the applicant to consider the color as he does not want bright colors to cause the structure to stand out. Kent Miller with Desert Canyons Development replied the structure will blend in very well. MOTION: A motion was made by Councilmember Almquist to approve the lot line adjustment provided any additional structures will blend in with the colors of the site. SECOND: The motion was seconded by Councilmember Hughes. VOTE: Mayor McArthur called for a vote, as follows: Councilmember Bunker - aye Councilmember Almquist - aye Councilmember Nickle - aye Councilmember Pike - aye Councilmember Hughes - aye The vote was unanimous and the motion carried. RELEASE OF PROPERTY: Consider approval for the release of 18.26 acres of property pursuant to the Loan Agreement between the City of St. George and Desert Canyon Development dated January 27, 2009 and for the partial release from the Sewer Reimbursement Agreement for 18.26 acres. Desert Canyons Development, applicant. City Manager Gary Esplin explained the City has a trust deed to guarantee payment of the loan that the State gave the City which the City then loaned to Quality Development to build the Southern Parkway interchange number 6. The City has previously released some of the property as the payment was due. This year as part of their payment, the St. George City Council Minutes March 15, 2012 Page Six applicant is requesting the City release area A which is 18.26 acres. The balance owing on the loan is approximately $1.5 million which is secured by the remaining 58.59 acres. MOTION: A motion was made by Councilmember Pike to approve the release of property as has been described. SECOND: The motion was seconded by Councilmember Almquist. VOTE: Mayor McArthur called for a vote, as follows: Councilmember Bunker - aye Councilmember Almquist - aye Councilmember Nickle - aye Councilmember Pike - aye Councilmember Hughes - aye The vote was unanimous and the motion carried. CHANGE ORDER: Consider approval of change order in the amount of $138,370.75 to Sunroc Corporation for the Dixie Drive reconstruction project. City Manager Gary Esplin explained this is a complicated item. The City has a contract with Sunroc to complete the construction on Dixie Drive. As part of the construction, Sunroc will be installing and landscaping the medians as well as landscaping around the parking lot next to the existing parking lot at Cottonwood Cove Park. This phase of the construction was not included in the original bid. City Staff felt the best way to finish up the road was to do a change order since Sunroc and their subcontractors were in the middle of the project. In addition, if this was not done using a change order, there would be a need to re-bid the traffic controls that were already in place. Sunroc was asked to provide the City with a cost of the change order. Sunroc came back with proposals from 3 different companies and stated the cost would be $138,370.75 which includes Sunroc’s overhead. Sunroc has chosen to go with the 3rd bid which is the contractor currently working on the project. Sunroc would like to continue to use the same contractor. If the City had a separate contract from Sunroc there would be other contractors in the middle of the project before Sunroc was finished. Transportation Services Manager Cameron Cutler stated the three quotes provided were within $500 of each other. Sunroc’s request is to utilize the same subcontractor they are currently using on the contract. Councilmember Hughes asked Mr. Cutler to explain why it was not included in the original bid. Mr. Cutler replied that it was not included because at the time the landscape plans were not available. The City went ahead and bid it out knowing that the landscape plans would have to be completed. Once the project was near completion City staff looked at the timing versus if another contractor could do the job. If the landscaping was bid out separately, while the landscaping was being completed, Sunroc would have had to pull off the project and the City would have to get traffic control out on the street. City staff felt the best option would be to keep the current contractor on the project and ask them to do a change order. Councilmember Hughes asked if Sunroc got the bids and if the City was able to view the bids. Being the newest Councilmember, he is concerned with contractors who bid low and then request a change order. Mr. Cutler explained that Sunroc did get the bids. Councilmember Nickle inquired if there was oversight for Sunroc’s bidding process. He wondered if Sunroc has the same standards as the City. Landscape Architect Mark Goble stated he did request to view the bids to ensure that each unit price was appropriate and he felt they were. Mr. Cutler explained Sunroc did have oversight on this change order. City Manager Gary Esplin stated the three bids were within $500 of each other. The change order will be higher because the City will have to pay Sunroc a percentage of their overhead. He explained that although the change order does not seem like the normal way to do this, in order to get the project completed on time, City staff felt a change order was the best route to go. However, if the landscaping was bid separately the City would have to follow the bid process, Sunroc would have to be removed from the project while St. George City Council Minutes March 15, 2012 Page Seven the landscaping was being done, reseal the road and bring in traffic control which would raise costs. He stated if the Council did not want to approve the change order, the bids could be thrown out and rebid following the City’s bidding policy. Mayor McArthur stated the process to rebid may cost more than the amount of the change order. The 10 percent on the change order to cover Sunroc’s overhead may need to be paid in traffic control if the bid is done separately. Councilmember Hughes asked if the City will want to do this differently in the future. Councilmember Pike explained this is usually how things work. The general contractor who places a bid gets their own subcontractors. This request isn’t so unusual, what is unusual is that the landscaping was not part of the original bid documents. City Manager Gary Esplin explained the reason the landscaping plans were not included was because the City was trying to get this project complete before the new Dixie Drive interchange opens. If the City would have waited to get the landscaping bids from Sunroc, the project would have been delayed. The bridge and landscaping were pulled out of the bid documents to save time. Mayor McArthur expressed the bids were within $500, traffic control would take care of the 10 percent overhead paid to Sunroc, and the project would be completed in a timely manner without hassling the public. City Manager Gary Esplin asked how much the overhead was. Mr. Goble stated the overhead is about 12 percent. Councilmember Nickle stated he understood the City’s point of view , but questioned if this was the right way to do this. There may have been other bidders out there who may have been more competitive and he would rather have done it the right way. He stated that rather than seeing this on an addendum, he would have liked to have seen this on an actual agenda so that he could have had more information. Councilmember Bunker stated that she agreed with Councilmember Nickle if the bids were not so close. The overhead percentage and traffic control costs are almost a wash. City Manager Gary Esplin explained that if there were not timing issues the bid documents would have all the information included and would have been part of the total bid. The way this bid was handled, City staff was able to design the landscaping the way the City wanted, but that wasn’t done before the bid documents went out originally. He stated he agreed with Councilmember Nickle about putting the item on as an addendum; he was not in his office when the request came in for the item to be added. In the future, he would rather it be left off the agenda for two weeks to have adequate back up data. Councilmember Nickle stated that since this was such a complicated item it should be on the original agenda, not an addendum. MOTION: A motion was made by Councilmember Pike to approve the change order in the amount of $138,370.75 to Sunroc Corporation. SECOND: The motion was seconded by Councilmember Bunker. VOTE: Mayor McArthur called for a vote, as follows: Councilmember Bunker - aye Councilmember Almquist - aye Councilmember Nickle - aye Councilmember Pike - aye Councilmember Hughes - aye The vote was unanimous and the motion carried. ADJOURN TO CLOSED SESSION: MOTION: A motion was made by Councilmember Bunker to adjourn to a closed session to discuss a land issue. 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 Nickle - aye Councilmember Pike - aye St. George City Council Minutes March 15, 2012 Page Eight Councilmember Hughes - aye The vote was unanimous and the motion carried. RECONVENE: MOTION: A motion was made by Councilmember Pike to reconvene. SECOND: The motion was seconded by Councilmember Bunker. VOTE: Mayor McArthur called for a roll call vote, as follows: Councilmember Bunker - aye Councilmember Almquist - aye Councilmember Nickle - aye Councilmember Pike - aye Councilmember Hughes - aye The vote was unanimous and the motion carried. PUBLIC HEARING/AMENDED FINAL PLAT/ORDINANCE: Public hearing to consider approval of an amended final plat for the Western Rock Subdivision Amended and Extended. Mark Walter (Stucki Investments) and Bush & Gudgell, applicants. Project Manager Todd Jacobsen explained the purpose of this amendment is to reduce the size of lot 1 from 1.35 acres to 0.84 acres, adding the portion from lot 1 to lot 8. In addition, the easement that is part of lot 1 being added to lot 8 is being abandoned and a new easement is being created around the entire lot 8. Mayor McArthur opened the public hearing. There were no public comments, 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 Hughes. VOTE: Mayor McArthur called for a roll call vote, as follows: Councilmember Bunker - aye Councilmember Almquist - aye Councilmember Nickle - aye Councilmember Pike - aye Councilmember Hughes - aye The vote was unanimous and the motion carried. PUBLIC HEARING/ZONE CHANGE/ORDINANCE: Public hearing to consider amending the PD Commercial zone at 150 West Hilton Drive for Stephen Wade Chevrolet to modify the existing building’s front facade. Stephen Wade, applicant. City Engineer Ray Snyder stated General Motors Corporation is requesting the automobile dealerships to change their building facade to a silver metal exterior finish to comply with a new corporate look. Mr. Snyder explained the Council has previously approved a neutral gray stucco finish and the Planning Commission has recommended denial of the zone change. Bill Western, architect for Stephen Wade Chevrolet, stated that Mr. Wade has the desire to abide with the request from General Motors as well as the City. Mr. Western explained per City ordinance 2007-10-003, the requested color scheme does not meet intent. He further explained that Mr. Wade has tried to make concessions to General Motors and their request of a blue sign in the front of the building was impossible to pass. Councilmember Almquist inquired if there were any defects or cause to change the existing materials. Mr. Western replied there were none, General Motors was simply trying to have all dealerships uniform in color. St. George City Council Minutes March 15, 2012 Page Nine Councilmember Bunker commented that she cannot see why General Motors wants to change the colors as the existing facade is great. Mayor McArthur opened the public hearing. There were no public comments, he closed the public hearing. MOTION: A motion was made by Councilmember Pike to deny the request. SECOND: The motion was seconded by Councilmember Almquist. VOTE: Mayor McArthur called for a roll call vote, as follows: Councilmember Bunker - aye Councilmember Almquist - aye Councilmember Nickle - aye Councilmember Pike - aye Councilmember Hughes - aye The vote was unanimous and the motion carried. PUBLIC HEARING/AMENDED FINAL PLAT/ORDINANCE: Public hearing to consider approval of an amended final plat for Whisper Ridge Phase 2 Second Amended and Extended. Sean Hawes and Bush & Gudgell, applicants. Todd Jacobsen explained the purpose of this amendment is to amend note 10. The amended note 10 will allow for walk out basements, or if approved by City staff, a slab on grade home to be built. Mayor McArthur opened the public hearing. There were no public comments, he closed the public hearing. MOTION: A motion was made by Councilmember Bunker to approve the zone change 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 Nickle - aye Councilmember Pike - aye Councilmember Hughes - aye The vote was unanimous and the motion carried. PUBLIC HEARING/AMENDED FINAL PLAT/ORDINANCE: Public hearing to consider approval of an amended final plat for Cox Landing Phase 2 Amended and Extended. Phillip Hall and Alpha Engineering, applicants. Todd Jacobsen advised this item was tabled at request of applicant. PUBLIC HEARING/ABANDON EASEMENT/RESOLUTION Public hearing to consider abandonment of an easement in The Highlands at Green Valley Phase 1. QRS Development and Bush & Gudgell, applicants. Todd Jacobsen explained the owner would like to build a shed; however the easement has prevented this. Mr. Jacobsen stated the Engineering staff and JUC had the applicants trench to find utilities and found none. All parties agree to abandon the easement. Mayor McArthur opened the public hearing. There were no public comments, he closed the public hearing. MOTION: A motion was made by Councilmember Hughes to approve the abandonment by resolution. SECOND: The motion was seconded by Councilmember Almquist. VOTE: Mayor McArthur called for a roll call vote, as follows: Councilmember Bunker - aye Councilmember Almquist - aye Councilmember Nickle - aye Councilmember Pike - aye Councilmember Hughes - aye St. George City Council Minutes March 15, 2012 Page Ten The vote was unanimous and the motion carried. PUBLIC HEARING/ABANDON EASEMENT and LOT MERGER/RESOLUTION: Public hearing to consider abandonment of an easement and a lot merger for Black Berry Court Phase 2 in the Bloomington area. Darren Coughlin and Rosenberg Associates, applicants. Todd Jacobsen stated lot 34 of Bloomington Gardens Phase 2 and the remnant piece from Black Berry Court Phase 2 will be merged together creating one lot. The easement located between the two parcels is to be abandoned with a new easement being granted around the entire newly created parcel. Mayor McArthur opened the public hearing. There were no public comments, he closed the public hearing. MOTION: A motion was made by Councilmember Pike to approve the abandonment and lot merger by resolution. SECOND: The motion was seconded by Councilmember Bunker. VOTE: Mayor McArthur called for a roll call vote, as follows: Councilmember Bunker - aye Councilmember Almquist - aye Councilmember Nickle - aye Councilmember Pike - aye Councilmember Hughes - aye The vote was unanimous and the motion carried. PUBLIC HEARING/ZONE CHANGE/ORDINANCE: Public hearing to consider a zone change from A-20 (Agricultural 20 acre minimum lot size) to R-1-10 (Single Family Residential 10,000 sq. ft. minimum lot size) on 21.59 acres and C-2 (Commercial) on 3.58 acres for Sun Valley Estates Phases 12-14 located on Crimson Ridge Road and 3000 East. Quality Development, applicant. City Planner Craig Harvey stated the parcel to the south is currently zoned R-1-10. He explained the General Plan that has been previously approved includes a park on this parcel which will be up to 10 acres. Mr. Harvey explained there have been discussions with the Parks Planning Staff to move the park. Stacy Young with Quality Development, LC explained although the park planned as shown on the general plan was more ambitious than what is necessary, he can still see a recreation center in the area. He stated immediately after the amendment process, he met with the Parks Planning staff to talk about a recreation area tied in with a park. Mr. Young stated the problem was trying to achieve the same vision without decomposing the vision of the park. Councilmember Bunker expressed she would like Mr. Young to work with the Parks Planning staff to find a more suitable area for the park. Councilmember Pike commented The Fields at Little Valley is a regional park. City Manager Gary Esplin stated the original General Plan shows the park as a regional park. He inquired where the park would be located. Mr. Young answered that while there is not a need for more playing field, a recreation center would serve as a regional community center. Mr. Esplin stated there are approximately 1,500 lots planned between Little Valley Road to the airport bluff. He explained when the area is developed in the future the plan will need to include a 10 acre park. He expressed that if the parcel is divided, the acreage must remain the same; however it may not include the same type of facilities or programming. The City will need to be assured that the park amenities will be there. Mayor McArthur opened the public hearing. There were no public comments, he closed the public hearing. MOTION: A motion was made by Councilmember Hughes to approve the zone change by ordinance as recommended by the Parks Planning Department including the issue of park location. St....

...llotment 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 ask why the City is watering when residents are asked to conserve. Energy Services Director Laurie Mangum explained that she and James Van Fleet purchased natural gas at a low cost from BP. She showed a video and presented a PowerPoint Presentation covering the following topics: Energy Services Focus Education and Efficiencies; Opportunities Transmission Pole Inspections; These Savings Can Be Used on Labor Intense Projects Such as; Another Use of the Savings is Education with Rene Fleming Workshops Include: For Homeowners, Contractors and Employees; Challenges Costs Associated With the Net Metering Program; Why Roof Top Solar Has Become a Challenge?; Challenges Costs Associated with Reliable Transmission; The Cost St. George City Council Minutes February 12, 2015 Page Five Is Based On Highest Peak Load Whether We Use It or Not; On a Good Note Natural Gas Prices; Future Resources; Did You Know Ryan Bowler (a Journeyman Lineman on staff) Holds Lineman Apprentice Classes Once a Week?; and Did you know Kent Larson (a Journeyman Lineman on Staff) Is the Only Utility Worker in the State That Refurbishes Streetlight Fixtures. COMMENTS FROM THE PUBLIC REGARDING THE CITY’S FIVE YEAR PLANNING: Mayor Pike invited the public in the audience to comment on the City’s Five Strategic Planning. Paul Bevans, Washington City resident, stated that what the City does affects the rest of the County. After the meeting last night it is self explanatory. Mayor Pike mentioned an email he received asking the City to expand activities for young adults. He will follow up with student who sent the email. Public Works Director Cameron Cutler updated the Council on the Sunset/Bluff Interchange. He then presented a PowerPoint Presentation covering the following topics: Public Works Department State of Affairs; Airport Operations; Current Flights; Passenger Activity; SunTran Operations; Transit Ridership; Route Challenge; Development; Building Inspections; Building Permits; New Development/Planning & Zoning; Engineering; Drainage Repair; City Traffic Signals; Streets Division; Streets; Roadway Construction; Drainage Capital Projects; Transportation Projects; and Teamwork. Mayor Pike asked Mr. Cutler to update the Council on the River Road widening project. Mr. Cutler stated that River Road is under design currently. It will be widened to five lanes from Brigham Road to 2450 South. Additionally, half of the Ft. Pearce Wash Bridge will be done and a stop light will be installed at Horseman’s Park. The construction schedule is anticipated to be approximately four months. He mentioned other locations that may need stop lights in the next two or three years and explained that each signal costs approximately $200,000. Councilmember Almquist asked Mr. Cutler if he saw the petroglyph assessment with regard to the Indian Hills Drive Improvement Project. Mr. Cutler replied yes, he received an email. A few things may have to be reassessed. City Manager Gary Esplin explained that this is a State contract and that they will have to meet the standards. He stated that it is important to look at getting Commerce Drive across the River. Mr. Cutler stated that he met with Western Rock. There is an issue with the location of the easement. Councilmember Almquist left the meeting. Police Chief Marlon Stratton presented a PowerPoint Presentation covering the following topics: St. George Police Department; Our Mission; Department Leadership; Patrol St. George City Council Minutes February 12, 2015 Page Six Division; Patrol; Patrol K9; Investigations Division; Detectives; Fraudulent Identity & Security Threats; Washington County Area Drug Task Force; Drug Task Force in 2014; Victim Services; Victim Services has assisted; Administrative Services Division; and Special Enforcement Division. Mayor Pike mentioned that he met with the Legislatures regarding phone usage while driving. There is a position against that bill. Chief Stratton continued with his PowerPoint presentation covering the following topics: photos of the officers; Communications Division; How are We Doing?; Total Incidents; Sex Offenses; Prostitution/Lewdness; Controlled Substance; Burglary; Suicide; Fraud; Robbery; Assault; Criminal Mischief; Theft; Death (Attended/Unattended); Homicide/Attempted Homicide; Traffic Accidents; Citizens Academy; Coplogic; Coplogic Future; Volunteers in Public Safety 2014; VIPS 2015 Stats; Project Lifesaver; Everbridge Notification System; Everbridge Fees; Washington County Citizen Alert; and It is all about quality of life! Fire Chief Robert Stoker presented a PowerPoint Presentation covering the following topics: Mission Statement; Fire Department Challenges/Projects; Staffing; Organizational Chart; Infrastructure; Fire Response Areas; Fulltime Engine Companies; and Apparatus/Fleet. City Manager Gary Esplin stated that fire impact fees can only be used for building stations or can be used to purchase a fire trick if it is over $1 million. Chief Stoker continued with his PowerPoint presentation covering the following topics: Capital Projects 2015 – 2016; Incident Response & Per Day; Firehouse Sub Grant Award; Training Programs; Southwest Regional Response Team; Emergency Management; City Wide AED Placement; Assisting Other City Departments; and Fire Prevention. Leisure Services Director Kent Perkins presented a PowerPoint Presentation covering the following topics: Leisure Services A Year in Review; National Gold Medal Finalist; Administration; Fund Raising Packet; City Commons; St. George Art Festival; St. George Marathon; Marathon Survey and Analysis; Marathon Marketing Plan; Intermountain Race Management Roundtable; Reorganize Recreation Division; I Am Able Program; Move It!; Community Arts; Electric Theater; Survey; St. George Musical Theater; Establishment of the Red Cliff Gallery in the City Commons Building; Production/Involvement in City Events & Programs; Challenges/Opportunities; Dixie Center; Maintenance/Facilities Upgrades; Economic Impact; Challenges/Opportunities; Recreation; Facilities; Races; Events; The Flying Fish; Tennis/Pickleball; Programs; Youth Sports; Challenges/Opportunities; Parks & Cemeteries; FY2015 Accomplishments; Kept all parks, rights of way & round-a-bouts… Shade Tree Maintenance; Dixie Center Re-Landscaped; Cremation Garden and Wall; Sunbowl Grass; Horseshoe Pits to JC Snow Park; Special Events; Geographic Information Systems & City Works; What is GIS?; How Does Parks Use GIS?; 2014: What have we accomplished?; Future GIS Applications; Challenges; GIS, Asset Tracking & The Warehouse; Challenges/Opportunities; Park Planning; FY2015 Project List (Budgeted Items); Tabernacle Roundabout; Tonaquint Roundabout; Pioneer Part Restroom; Hela Seegmiller Farm – Phase I; Royal Oaks Park – Phase 2; sand Hollow wash Crossing & Trail Extension; Tonaquint Nature Center Grading & Revegetation; Bloomington Park Pickleball Courts & Lights; Special Projects – Designed & Supervised; St. George City Council Minutes February 12, 2015 Page Seven Red Hills Garden; Middleton Wash Trail Repairs; Tonaquint Cremation Garden; Elks Field Relocation; Electric Theater; SwitchPoint Resource Center; Christensen Park Restroom & Paring Lot; Silkwood Park; All Abilities Park; Millcreek Park; Utah State Parks & Recreation; Park Sign Replacement; Trail Wayfinding Signs; Utah State Parks & Recreation; Web Hill Trailhead; Virgin River Trail (River Road to S...

...th other issues. Kim Olsen, Executive Director of the Utah Recreation & Parks Association, non-profit membership association who represents parks and recreation professionals throughout the state presented the Leisure Services Department with the following awards: 1) Outstanding Adaptive Program of the Year Award for the Flying Fish swim program; 2) Outstanding Facility of the Year for the Electric Theater; and 3) Outstanding Department of the Year in the Class 3 Division, the highest they can award. He explained the panel who chooses recipients of these awards are previous presidents of their Association. COMMENTS FROM THE PUBLIC: There were no comments. FINANCIAL REPORT: Consider approval of the February, 2016 financial report. City Manager Gary Esplin advised things are moving along well. Sales tax was down just a bit from last month, but still higher than the projections for the year. St. George City Council Minutes April 7, 2016 Page Two MOTION: A motion was made by Councilmember Arial to approve the financial report February, 2016. SECOND: The motion was seconded by Councilmember Bowcutt. VOTE: Mayor Pike called for a vote, as follows: Councilmember Hughes – aye Councilmember Bowcutt – aye Councilmember Arial – aye Councilmember Baca – aye The vote was unanimous and the motion carried. Purchasing Manager Connie Hood introduced Jean Wojtyla, the new Purchasing Technician. AWARD OF BID: Consider award of the annual blanket bid for fertilizers and chemicals. Purchasing Manager Connie Hood stated the low bidder was Helena Chemical. The last couple of years, staff has gone with a one year bid that included a two year option, this is the third year. She requested to award the bid to Helena for an amount not to exceed $250,000. MOTION: A motion was made by Councilmember Hughes to approve the blanket bid for fertilizers and chemicals with Helena not to exceed $250,000. SECOND: The motion was seconded by Councilmember Baca. VOTE: Mayor Pike called for a vote, as follows: Councilmember Hughes – aye Councilmember Bowcutt – aye Councilmember Arial – aye Councilmember Baca – aye The vote was unanimous and the motion carried. AWARD OF BID: Consider award of bid for the Little Valley Phase 5 sports field. City Manager Gary Esplin explained that when the RAP tax passed, the intention was to build two soccer fields and restrooms at the Little Valley Park. When the bid was noticed, it included Phase 6 improvements; however, while preparing the budget for next year, Phase 6 was deleted because he felt that the City has spent quite a bit of money on this park, neglecting some of the other City parks. He added that there are no RAP tax funds available to complete Phase 6. Based upon this information, Parks Planning staff looked at the line items, deleting the items that would have been included in Phase 6. If the entire project was going to be completed, the second bidder would be given local preference; however, taking the items out, they no longer meet the 5% requirement. There is no doubt that B Hansen Construction is a local contractor under the purchasing rules. The low bid was in the amount of $2,108,006 and did not include items such as lights, engineering fees and light impact fees. Mayor Pike agreed. The Council spoke previously about using RAP tax funds for soccer fields. It makes sense to remove some of the items as other parks are being constructed. He mentioned that there was a budget committee to assist the City Manager and Budget Director to represent what the Council would want. St. George City Council Minutes April 7, 2016 Page Three City Manager Gary Esplin mentioned that bid documents allow staff to delete individual items based on budget. Phase 6 was an additional phase which cannot be done without adding additional funds to the project, taking from other sources. He reviewed some of the items that were taken out. After removing the items, the low bidder remains the same. The cost of the project will be $2.1 million. MOTION: A motion was made by Councilmember Hughes to award the bid for the Little Valley Phase 5 to Kokopelli Landscaping for $2,108,006.34. SECOND: The motion was seconded by Councilmember Arial. VOTE: Mayor Pike called for a vote, as follows: Councilmember Hughes – aye Councilmember Bowcutt – aye Councilmember Arial – aye Councilmember Baca – aye The vote was unanimous and the motion carried. AWARD OF BID: Consider award of bid for the St. James Trailhead 60’ pavilion. Purchasing Manager Connie Hood advised the low bidder was Sonntag Recreation in the amount of $68,877. MOTION: A motion was made by Councilmember Baca to approve the bid for the St. James Trailhead 60’ pavilion in the amount of $68,877 to Sonntag Recreation. SECOND: The motion was seconded by Councilmember Arial. VOTE: Mayor Pike called for a vote, as follows: Councilmember Hughes – aye Councilmember Bowcutt – aye Councilmember Arial – aye Councilmember Baca – aye The vote was unanimous and the motion carried. AWARD OF BID: Consider award of bid for the Little Valley Phase 5 sports fields Musco lighting equipment. City Manager Gary Esplin explained this bid is for the lighting systems to light the two new soccer fields for the Little Valley Phase 5 project. He explained that since it was decided to go with grass fields rather than artificial turf, there are remaining funds that can be used for the lighting. Purchasing Manager Connie Hood advised the low bidder was Musco in the amount of $290,095. City Manager Gary Esplin clarified that the amount has been updated to $236,618. These fields will not be fenced at this time. The lights will be paid for using RAP tax funds. Parks Planning Manager Jeff Peay explained that the change in the cost is d...

... clarified that these hours are for the Town Square only and not for other parks within the City. Hours for special events will be clarified in the special event permit. Mr. Perkins clarified that the hours of operation will be 10:00 p.m. between daylight savings time hours in the winter, and until midnight in the summer. He advised that the hours and policies and procedures will be posted at a kiosk in the Town Square. MOTION: A motion was made by Council Member Almquist to approve the policies and procedures, including hours of operation until 10:00 p.m in the winter as designated by daylight savings time, and until midnight in the summer. SECOND: The motion was seconded by Council Member Shakespeare. 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. St. George City Council Minutes February 7, 2008 Page Four Mayor McArthur called for a break. Upon conclusion of the break, the meeting continued. PUBLIC HEARING/PRELIMINARY PLAT: Public hearing to consider approval of the preliminary plat for Blue Heron Run Subdivision located at 1800 South and 3000 East. James Eardley, applicant. Council Member Shakespeare inquired if there should be seven lanes on 3000 East and other major streets within the City, in order to provide for turning lanes so that traffic does not have to back up when a car is turning. City Manager Gary Esplin replied this is a valid concern, but a developer is not required to put in more improvements than he needs for his particular development. The City cannot make him provide for the needs of the entire area. The City?s Master Transportation Plan lays out the widths of master planned streets throughout the entire City, and if the City Council feels the widths are not adequate, the Plan needs to be changed. 3000 East is an 80' right-of-way. Council Member Pike inquired how far out the City projects. Mayor McArthur replied twenty years. Mr. Esplin explained the City just updated the master plan in the Little Valley area. If the city Council has concerns staff is not looking far enough down the road with regard to road widths, the master plan should be revisited. It was however, looked at and approved by both the Planning Commission and City Council. Any changes to it will require public hearings with the Planning Commission and City Council Council Member Shakespeare said she would like to revisit the issue. City Manager Gary Esplin advised he would schedule it for a work meeting. Council Member Almquist advised the City has adjusted road widths in the past based upon a change of zoning and increase in population. City Manager Gary Esplin explained the City?s policy with regard to road improvement. City Planner John Willis advised the preliminary plat for Blue Heron Run has 17 single family lots, the zone is RE-12.5, and the project consists of 8.75 acres with a density of 1.941 units per acre. Lots range in size from 13,924 sq. ft. to 15,290 sq. ft. There is a 50' public road down the center of the property. A zone change for the property was approved by the City Council on November 11, 2007. The applicant is providing 15% in open space and an equestrian trail on 3000 East. A note on the plat requires a temporary turnaround. There is a trail and drainageway along 3000 East. Storm drainage is required, access to Lots 1 and 3 are to be dedicated, and the ditch along 3210 East is to be piped. Mr. Willis explained that the temporary turnaround will be used while the first three lots are being built. Mayor McArthur opened the public hearing. Donald Rawlings expressed concern with drainage on 3000 East. He inquired why property owners had to pay to pipe the ditch to carry someone else?s water. City Manager Gary Esplin replied that this requirement is part of the drainage plan throughout the entire community. Mr. Rawlings inquired why the City was paying to pipe the old canal on property outside of the City. Mr. Esplin replied that the City has a joint project with the canal company for major storm drainage in the area, and the City is not paying for any other entity to hook onto the line other than the canal company. Council Member Shakespeare inquired of the applicant if they would be providing a turning lane off 3000 East into their project. Claudia Eardley, applicant, replied that they would not be providing a turn lane. She explained that this plat is for only one phase and the access is off 3210 East. She stated at St. George City Council Minutes February 7, 2008 Page Five one time the City indicated as long as they were doing just Phase One, they did not have to pipe the canal. City Manager Gary Esplin replied that this was correct. David Lundberg inquired if the applicants had a special arrangement with the City because the General Plan shows this area as having a maximum of two units per acre. Mr. Esplin replied that the density is 1.941 units per acre. In addition, the applicants are dedicating additional properties as part of the density bonus program. There being no further public comment, Mayor McArthur closed the public hearing. MOTION: A motion was made by Council Member Shakespeare to approve the preliminary plat. SECOND: The motion was seconded by Council Member Pike. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. PUBLIC HEARING/PRELIMINARY AND FINAL PLATS: Public hearing to consider approval of the preliminary plat for Clear Creek Ranches Phase 2 located at approximately 950 North 1700 East in Middleton. Bill Mickelson, applicant. And Consider approval of the final plat for Clear Creek Ranches #2. Jay Sandberg explained the plat was previously approved in 2000-2001 with 12-13 lots. All improvements were put in but the Mickelsons decided not to plat the entire subdivision. They would now like to plat another three lots, and the preliminary plat has to be renewed. Mayor McArthur opened the public hearing. There being no public comment, he closed the public hearing. MOTION: A motion was made by Council Member Bunker to approve both the preliminary and final plats. SECOND: The motion was seconded by Council Member Pike. 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 Beveridge Subdivision located at Sir Monte Drive and Balboa Way in the Southgate area. Mundy Dutton, representative. City Planner John Willis explained the plat contains four single family lots. Zoning is R-1-10 and R-3. The project consists of 1.99 acres. Phase density is 2.01 units per acre. The lots range in size from 11,000 sq. ft. to 11,826 sq. ft. There is a 45' public right-of-way. The project is in the Hillside Overlay Zone. The applicant is grading for walk-up and walk-out lots which will be built to the contour of the land. Walls will be built as shown. The hillside permit is on the next City Council agenda. Mr. Willis explained that the walls on the preliminary plat are conceptual. The construction drawings will show the grades and walls in more detail. Some of the walls will need to be moved back out of the front setback, but this will be worked out in the construction drawings. The walls will be more concrete on the final plat. Mayor McArthur opened the public hearing. There being no public comment, he closed the public hearing. Council Member Almquist commented that this is a difficult parcel and the large ?no disturb? area is protecting quite a few of the residents to the north. The Hillside Board did a good job in trying to make sure the design worked in consideration of the neighbors and what is allowed by ordinance. Mr. Willis advised the walls would be reinforced concrete. St. George City Council Minutes February 7, 2008 Page Six Council Member Almquist advised that when a site visit was made, it was mentioned that the City may want to reconsider what it allows as far as cement walls and their industrial look. Something other than cement walls should be used for this project. Mr. Willis advised that recent amendments to the walls and fences ordinance require the applicant to treat the retaining walls to prevent bare concrete retaining walls. Staff also worked with the applicant to bring the cul-de-sac in closer to reduce the amount of disturbance and wall height. Staff can look at adding a provision for using stamped concrete as opposed to staining retaining walls. This can be made a part of the hillside permit. MOTION: A motion was made by Council Member Almquist to approve the preliminary plat. SECOND: The motion was seconded by Council Member Pike. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. PUBLIC HEARING/MINOR SUBDIVISION: Public hearing to consider approval of a minor subdivision with three parcels located at approximately 720 South Indian Hills Drive. Stewart Park, applicant. Jay Sandberg advised the project consists of 81 acres. The property is being divided into three large parcels to facilitate purchase of one parcel at a time. The purchaser wants to go through the formal subdivision process. There are geological issues on the site. The intent is to facilitate further subdivision of the property. The Planning Commission recommends approval with the stipulation that no building permits will be issued for the parcels and that all three parcels would be further subdivided. 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 minor subdivision. 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/AMEND GENERAL PLAN/ORDINANCE: Public hearing to consider an amendment to the General Plan Land Use Map by changing the land use designation from Low Density Residential to Medium Density Residential on 11.7 acres located at approximately 1100 West Curly Hollow Drive. Brett Burgess, applicant. City Planner Ray Snyder reviewed a zoning map of the area. The General Plan designation is Low Density Residential, a maximum of four units per acre. Medium Density Residential allows up to nine units per acre. The conceptual plan is for eight units per acre with 32 triplexes, for a total of 96 dwelling units. A 1.3 acre park is being provided. There is a landscaped common area. The units are being clustered. Streets are public. There is a playground. Each unit will have a two car garage and visitor parking. He reviewed zoning of adjacent properties. He advised that one letter in opposition has been received, but there was no public comment at the Planning Commission meeting and no phone calls have been received. At the Planning Commission meeting the applicant stated he was not opposed to stubbing in a street for connection with the neighboring R-3 zone. Brett Burgess, applicant, distributed photos of a similar product built in Washington. He advised the design was changed to keep the roof pitch lower in order to capture views. The project is an attempt to transition from R-1-10 zoning into adjacent R-3 zoning. Council Member Almquist commented he liked the concept and that it had been successful across the nation as the three units look like one large home. He inquired where the driveways would be located. He inquired what market the project was targeting. Mr. Burgess replied the driveways will be located on the front of the units and the units will be small. A gentleman from the audience advised the units will be 1200 sq. ft. Mr. Burgess advised the units will have two to three bedrooms and most will be split level. The architecture is conceptual. St. George City Council Minutes February 7, 2008 Page Seven Council Member Shakespeare expressed concern with the location of the project so close to a school. She stated that eventually there would be a transient problem. Additionally, it is located next to 20 acres of R-3 zoning which will be high density housing, also located by the school. She stated that while she believed in attainable housing, it must be spread throughout the neighborhoods in small portions. She stated she did not see a need for this project next to R-3 zoning, and that single family homes would be more appealing next to the school. Brett Burgess replied that he was hoping to attract teachers with medium density housing. He stated he was also creating homes that young families and snowbirds could transition into. He stated he was concerned about putting an R-1-10 project next to R-3 zoning. Council Member Shakespeare commented that while the project now would be very nice, in years to come the neighborhood will change, and that is her concern. Mayor McArthur opened the public hearing. Cody Larson advise he owns a home in Tonaquint Terrace and feels the value of his home will depreciate if this project is built as proposed. His views will be affected and there will be more traffic next to a school. There being no further public comment, Mayor McArthur closed the public hearing. Council Member Pike advised he would like to hear the letter in opposition to the project. Ray Snyder read the letter in opposition to the zone change. Council Member Pike inquired what the zoning is to the west. Mr. Snyder replied that it is predominantly R-1-10. Council Member Bunker commented that while some of the mansion homes have been beautiful, she had a problem locating them in this area of high density. She stated she had a problem with the zone change unless there was a good reason for changing it. She stated she agreed that the traffic would be a problem for the school. Council Member Pike commented that this project meets Dixie Vision principles. City Manager Gary Esplin commented that this project is exactly what the City has been requesting developers do, however, the City Council needs to make sure it is the right design and located in the right place. The project has a park and open space. Additionally, the City has been encouraging different types of housing products under the Vision Dixie plan. There is the possibility of apartments right next to this project, but R-1-10 zoning would be a more difficult transition than medium density. Council Member Shakespeare commented that this 100 units, added to another 100 units in R-3 zoning, would create 200 units of high density housing. While there is no question the conceptual design is pretty, the General Plan says that attainable housing should be spread throughout a community, and 200 units is too many in one location. It is a proven fact that attainable housing is best in small segments and disbursed throughout the neighborhoods. If this project is approved, in time the City will be asking for problems. There is no question the project will work when new, but when it gets older it will backfire. City Manager Gary Esplin replied that there will be a HOA to maintain the project. Single family units can turn into rentals just as well as three-plexes, and the concept is to locate this type of housing next to schools and churches. Design drives the product, not density. This is the concept of Vision Dixie and the City?s planning process of the past several years. Council Member Almquist inquired if a discussion had been had with the owners of the R-3 property about their desires for the property. Brett Burgess replied that the owner of the property is Tonaquint, Inc., Gerry Brown. He advised he tried to purchase the property from Mr. Brown, but Mr. Brown was not interested in selling it. He advised he has seen layouts for the property and it was high density apartments. His project will transition between the R-1-10 and R-3 zoning. Council Member Bunker inquired why medium density is a better buffer than R-1-10. St. George City Council Minutes February 7, 2008 Page Eight Mayor McArthur replied that this has normally been done in the past. Council Member Shakespeare advised she would like further discussion on this request in a work meeting. MOTION: A motion to deny the request was made by Council Member Shakespeare. City Manager Gary Esplin explained that if the request is denied, the applicant has to wait one year before he can come back with another request. He suggested the matter be tabled instead. SUBSTITUTE MOTION: A motion was made by Council Member Shakespeare to table the matter. SECOND: The motion was seconded by Council Member Pike. VOTE: Mayor McArthur called for a vote, as follows: Council Member Shakespeare - aye Council Member Pike - aye Council Member Almquist - no Council Member Bunker - no Mayor McArthur - no The motion failed. Council Member Almquist commented that the design of the buildings makes the density more palatable, as well as the amount of landscaping and open space and park. The project is also located on flat land and not in hillside. MOTION: A motion was made by Council Member Almquist to approve the General Plan amendment. SECOND: The motion was seconded by Council Member Bunker. VOTE: Mayor McArthur called for a vote, as follows: Council Member Almquist - aye Council Member Bunker - aye Council Member Pike - no Council Member Shakespeare - no Mayor McArthur - aye The motion carried. PUBLIC HEARING/ZONE CHANGE/ORDINANCE: Public hearing to consider a zone change from R-1-10 to PD Residential on 11.7 acres located generally at 1100 West and south of Curly Hollow Drive. Brett Burgess, applicant. Mayor McArthur opened the public hearing. Natasha Wright, a resident of Tonaquint Terrace, advised none of the homes in Tonaquint Terrace are two story and do not block the views. She stated she would hate to see apartments or townhomes built nearby, especially as many as proposed. She advised when they are rented out land values will depreciate and traffic and drugs will come into the neighborhood. She stated single family homes such as those in Tonaquint Terrace would have less problems. She stated if the amount of units were cut down, the project would be easier to handle. She stated two story units would block their views. City Manager Gary Esplin advised that the Zoning Ordinance allows home to be 35' in height without seeking any extra permission. He advised that not everyone who lives in rentals can be characterized as bad. There must be a place for young people to rent as not everyone can afford a house. Council Member Almquist advised that with R-1-10 zoning, the applicant could build at least 34 homes, and they could be 3,600 sq. ft. each and 35' in height. The applicant proposes to build 32 tri-plexes. They look like homes, and no one would know they are tri-plexes vs. one big house. St. George City Council Minutes February 7, 2008 Page Nine City Manager Gary Esplin advised the applicant could build 40 single family homes if zoned R-1-10, but this project has only 32. There will, however, be more traffic. Council Member Shakespeare expressed concern with traffic right by a school. She advised that stability is a huge issue due to the transient neighborhood that will be located right next to this project. She expressed concern there would be a high turn-over rate of the units because they are small. She stated any time property is rezoned it should be in the best interests of the neighborhood and community, and even though the City has been working toward attainable housing, this 100 units so close to a school and another ten acres of high density housing is not in the best interests of the neighborhood or community. Council Member Bunker commented that she feared if the property were left R-1-10 zoning there would be cookie-cutter homes which she disliked. She stated the applicant was not trying to build low income or affordable housing so much as he is trying to build a good project. She stated the City would be further ahead by having a project of quality rather than regular R-1-10 homes. City Attorney Shawn Guzman advised that because this is a PD, the City Council can place a restriction on it that the units cannot be rented, only owner occupied. The City Council can ask the applicant if he is willing to do that. Brett Burgess, applicant, stated that while he understood the concept, the units would be harder to sell if there is not an opportunity for the purchasers to rent the units. He stated he did not think he could commit to that. Council Member Shakespeare commented that perhaps a certain percentage of the units could be restricted from being used as rentals. She stated there had to be some protection of the neighborhood from transiency. The City has the responsibility of what to put on the land and around schools. Brett Burgess commented that a development agreement could be looked at with regard to design issues. He stated he was not opposed to more discussion on this issue to see what can be done. City Planner Ray Snyder advised that the zone is a PD. City Attorney Shawn Guzman explained that the City Council has not seen all the information required for PD approval. Mayor McArthur commented that the conceptual plan does not meet the requirements of a PD. Brett Burgess advised that he would stay as close as possible to the conceptual plan, but changes will have to be made to the front of the homes for the garages. City Manager Gary Esplin advised that PD zoning could not be approved tonight because the City Council has to approve the exact plan. City Attorney Shawn Guzman advised this should have been presented at the Planning Commission meeting as well. City Attorney Shawn Guzman suggested the matter be tabled and a discussion had with staff as to what was presented at the Planning Commission meeting to determine if Planning Commission needs to reconsider the plan. MOTION: A motion was made by Council Member Almquist to table the matter. 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 called for a five minute break. Upon conclusion of the break, the meeting continued. PUBLIC HEARING/AMEND GENERAL PLAN/ORDINANCE: Public hearing to consider an amendment to the General Plan Land Use Map by changing the land use designation from Low Density Residential to Medium Density Residential and Neighborhood Commercial on approximately 11.5 acres located at the northwest corner of 1450 South and 3000 East streets. Christi Lovell, applicant. St. George City Council Minutes February 7, 2008 Page Ten City Planner Ray Snyder explained this request was considered by the City Council in August, 2007 and tabled for more study and completion of the Density Bonus Overlay ordinance. He displayed the conceptual layout and reviewed site plans. The Planning Commission recommended a buffer of low density residential, the core is medium density, and there is some commercial at the corner. He reviewed an aerial of the area and the master plan in the area. There will be a one mile spacing between commercial projects on 3000 East. The Land Use Plan for Little Valley recommends that commercial be spaced one to two miles along 3000 East. 1450 South and 3000 East are both arterials. Jim Raines, Bush and Gudgell Engineering, advised there are several constraints on the property. The project is sided on two sides by arterial roads. It is a good site for commercial. The residential lots will not front the arterials. There will not be any gas pumps. The units are brought up to the front of the streets so what the public will see is the fronts of the buildings. There are walkable areas. The buffer lots are the same size as the lots they are adjacent to on the west. There is undeveloped property to the north. There are only 13 units. Mayor McArthur inquired if the zoning would be PD Commercial. Mr. Raines advised the applicant will come back with a PD for the entire eleven acres. City Manager Gary Esplin advised this project is affected by the density bonus program but it does not affect the commercial. The residential density will be based on two units per acre and it will have to have an amenity package. The project may meet this now, but when the applicant comes in for additional planning, the bonus density overlay will apply. Mayor McArthur opened the public hearing. Greg Stevens commented that this type of project has been needed for a long time, and that high rises are also needed in the downtown area. LeGrande Fawcett commented that this project fits in the area. There being no further public comment, Mayor McArthur closed the public hearing. MOTION: A motion was made by Council Member Shakespeare to approve the General Plan amendment by ordinance. SECOND: The motion was seconded by Council Member Bunker. VOTE: Mayor McArthur called for a roll call vote, as follows: Council Member Shakespeare - aye Council Member Bunker - aye Council Member Almquist - aye Council Member Pike - aye The vote was unanimous and the motion carried. PUBLIC HEARING/AMEND CITY CODE/ORDINANCE: Public hearing to consider an amendment to Title 10, Chapter 13E, St. George City Code, for a density bonus overlay zone. City Planner John Willis reviewed the provisions of the new ordinance, the overlay areas and factor requirements. Mayor McArthur opened the public hearing. Curt Gordon, representing Desert Canyons Development, asked for a level playing field as the adjacent SITLA property is zoned R-1-10 and Desert Canyons will have to be competitive. Desert Canyons will have to give the City 390 acres, spend 50 million dollars in improvements, and 26 million dollars to dedicate the land. The adjacent property owner will have to do nothing. Desert Canyons will have to spend 50 million dollars to get to the same level of density that SITLA has already. He requested that the City not take action on the ordinance so the matter can be further discussed. Desert Canyons would have two units per acre, and SITLA will start out with a density of 3.3 units per acre. This is a competitive disadvantage. SITLA also does not have to pay property taxes. He suggested the ordinance not require private land be dedicated. He advised their plan has large parks and he asked for a park impact fee credit. He also asked that a basic park be defined. He stated Desert Canyons wants to have landscaping between the street and sidewalk, but the ordinance St. George City Council Minutes February 7, 2008 Page Eleven offers no incentive for this. He suggested that credit be given for landscaping above 10' in the right-of-way. City Manager Gary Esplin advised the City allows open space without it being a park. The City does not want that many parks to maintain, and this is not the intent of the ordinance. City Attorney Shawn Guzman advised the ordinance is pretty specific with regard to construction of parks. City Manager Gary Esplin advised the intent is to build four acre neighborhood parks. If the applicant wants to build an 11 acre park, a development agreement will be needed to offer them some sort of credits for this. The standards are specified in the ordinance with regard to the number of trees required, trails, pavilions, etc. The intent is to give credit for enhanced amenities - this is not double dipping on the City?s part. A development agreement will be needed. He commented the issue of the SITLA property needs to be looked at. However, the ordinance is generic enough that it can be adopted now. Mr. Gordon suggested it be adopted for the Little Valley area only at this time. Mayor McArthur inquired if the pending ordinance doctrine should be imposed. City Attorney Shawn Guzman replied that the City had a temporary zoning ordinance in the Little Valley area and it expired. The City Council can adopt the ordinance and change the boundaries as long as it moves expeditiously to identifying the areas it wants covered in the ordinance and the areas are approved. City Manager Gary Esplin stated the larger concern is the adjacent SITLA property which is zoned R-1-10 and how the City can make a level playing field. The intent is that the entire area conform to the same density bonus program, otherwise the City will have to institute mandatory neighborhood park dedication. Curt Gordon commented they submitted their application for a zone change in August. They inquired if the City would consider the application as pre-dating the density bonus ordinance as the parties have agreed in concept on all issues surrounding the zoning approval. City Manager Gary Esplin replied this would be acceptable as long as the density bonus program is met as part of the development agreement. Mr. Gordon replied that they exceed the density bonus program. Mr. Esplin replied in that event the Desert Canyons project could be deleted from the density bonus program boundaries pending approval of their development agreement. Mr. Gordon advised they have spent hundreds of thousands of dollars on their master plan, and if they are included in the density bonus ordinance they would have to redo it. City Manager Gary Esplin advised the City?s intent is to obtain more open space and neighborhood parks. If this can be handled in the development agreement, Desert Canyons ...

... and information on the City website (www.sgcity.org).Free Wi-Fi at public parks and facilities. See map at http://maps.sgcity.org/sgcitywifi.Services...

...District/ D/ASIA Big Brothers and Big Sister of Southern Utah Utah State Parks (Gunlock & Sand Hollow)      

...or Day Celebration will be held Saturday, April 24, 2021   Join the Parks Division and the Tonaquint Nature Center staff for the annual Arbor D...

...n Board will meet on an as-needed basis as items come in for review at the Parks Division Office, 390 N. 3050 E., St. George, UT. The St. George Hill...

...r the maintenance and improvement of the Cemetery.   MaintenanceThe Parks Division staff provides regular turf care, edging of the grass, and r...

...; Fire  - 435-627-4150  Leisure Services - 435-627-4500  Parks - 435-627-4530  Planning Commission - 435-627-4206 Police - 43...

...city to include Police, fire, code enforcement, streets, water, power, and parks. The primary goal of our C.A.T. Teams is to work together to fin...

...nt's COP efforts and works tirelessly to make sure that your public places-parks, trails, schools, shopping centers etc. remain free from crime and di...

...n delivers secondary irrigation water to several City facilities including parks, cemeteries, golf courses, and sports complexes, as well as other lar...

...ich redistributes it to large users such as schools, the College, and City Parks. The piping between the pond and the pump station developed a leak and caused the pump station to settle and the piping was severed. The pond and pump station were built in 1986 and the pump station is now physically too small for the City’s use. It has been determined it will be cheaper to replace it than repair it. City Manager Gary Esplin explained the City is taking water from the Virgin River and other irrigation sources and storing it in this pond and them pumping it to the pond on the Red Hill. It is then fed down a pressurized line to the College, schools, ballfields and parks so that they are all irrigated with non-potable water, thus saving culinary water. The City has been doing this since 1986. It has been a great project and it is now time to put some money back into it. MOTION: A motion was made by Councilmember Almquist to approve the agreement. SECOND: The motion was seconded by Councilmember Nickle. Scott Taylor advised that $300,000 has been budgeted for the design and construction of this project, and the engineer’s estimate is $240,000. VOTE: Mayor McArthur called for a vote, as follows: Councilmember Pike - aye Councilmember Almquist - aye Councilmember Bunker - aye Councilmember Shakespeare - aye St. George City Council Minutes October 6, 2011 Page Three Councilmember Nickle - aye The vote was unanimous and the motion carried. SPECIAL EVENT PERMIT: Consider approval of a special event permit, road closure and fee waiver for the Fall Tour De St. George road bike ride October 15, 2011. Margaret Gibson, applicant. City Manager Gary Esplin advised the event has been held the past few years and he could see no reason why it should not be approved. Shirley Lysman advised the event brought in 700 riders last year, 70% of whom were from out of town. The event begins and ends at Town Square. MOTION: A motion was made by Councilmember Nickle to approve the special event permit and fee waiver. SECOND: The motion was seconded by Councilmember Almquist. VOTE: Mayor McArthur called for a vote, as follows: Councilmember Pike - aye Councilmember Almquist - aye Councilmember Bunker - aye Councilmember Shakespeare - aye Councilmember Nickle - aye The vote was unanimous and the motion carried. SET PUBLIC HEARING: Bob Nicholson advised that the Planning Commission, at its meeting held September 27, 2011, recommended that a public hearing be scheduled for October 20, 2011 to consider proposed revisions to Chapter 13D of the St. George City Code, Airport Overlay Zone. MOTION: A motion was made by Councilmember Almquist to set the public hearing as recommended. SECOND: The motion was seconded by Councilmember Pike. VOTE: Mayor McArthur called for a vote, as follows: Councilmember Pike - aye Councilmember Almquist - aye Councilmember Bunker - aye Councilmember Shakespeare - aye Councilmember Nickle - aye The vote was unanimous and the motion carried. PARKING DETERMINATION: Bob Nicholson advised that the Planning Commission, at its meeting held September 27, 2011, considered approval of 34 parking spaces as an appropriate number for the existing Heideman mortuary at 700 South 1100 East with a proposed 1,261 sq. ft. addition for viewings only. Verden Hannig is the applicant. The requirement is 41 parking spaces. The Planning Commission recommends approval. Mayor McArthur commented there is a lot of street parking, and people attending viewings come and go and not everyone is there at the same time. Mr. Nicholson advised that the Planning Commission recommends approval of limiting the mortuary to viewings only - no on-site services can be held. Councilmember Bunker inquired about landscaping. Mr. Nicholson replied that this issue is unresolved. Staff is still trying to determine if this is a non-conforming issue. There is 25' of landscaping in the front, but only 3-4' of landscaping on the side. He advised that trees along 1100 East should be required. If the applicant provides some landscaping on the interior, this will count toward the landscaping requirement. City Manager Gary Esplin advised that staff can encourage the applicants to break up the parking lot with landscaping and put in some medians. St. George City Council Minutes October 6, 2011 Page Four MOTION: A motion was made by Councilmember Bunker to approve the parking determination subject to the recommendations of the Planning Commission as follows: 1. A minimum of 34 parking spaces is approved if the business license includes stated conditions to restrict the use to viewings only and that no on-site services are permitted. 2. Parking spaces shall not be permitted within the required ingress and egress throat area of the driveway on 700 South Street. The motion also includes the provision that landscaping on the interior of the lot will count toward the landscaping requirements contained in the City’s new ordinance. SECOND: The motion was seconded by Councilmember Pike. VOTE: Mayor McArthur called for a vote, as follows: Councilmember Pike - aye Councilmember Almquist - aye Councilmember Bunker - aye Councilmember Shakespeare - aye Councilmember Nickle - aye The vote was unanimous and the motion carried. APPEAL OF SIGN PERMIT DENIAL: Consider an appeal for denial of a sign permit. Rainbow Sign, applicant. City Manager Gary Esplin explained that St. George Blvd. is a State right-of-way and there are many encroachments which have existed for years. The applicant would like to make a modification to an existing sign. In order to do so, the City Council will have to decide if it is allowed, or if the sign has to come into conformance. The State’s position is they feel the new sign design is better than the existing sign and do not oppose the variance. Steve Davis, applicant, explained the sign’s owner would like to change the plastic letters to an electronic marquee in order to compete with neighboring businesses. The sign hangs over the public right-of-way but the sign owner has UDOT’s permission to do so. Councilmember Bunker commented the City’s sign ordinance encourages businesses to bring their signs into conformance and not overpower the sidewalks. The ordinance does not say that if the sign is made more attractive it does not have to conform. She inquired if the sign owner would consider pushing the sign back to the north so that it does not overhang the sidewalk. City Manager Gary Esplin commented that while he has some of the same concerns, because the sign is located on St. George Blvd., this makes relocation of the sign difficult. It would have to be set in the parking lot in order to miss the sidewalk. The City can encourage the sign owner to look at this, or the sign owner can leave the existing sign as it is now. Steve Davis advised that if the sign is moved back it will lose visibility as the building is built next to the sidewalk. Mayor McArthur commented it would be a hardship to move the sign. Councilmember Bunker inquired if just the sign portion could be moved, but not the post. Mr. Davis replied that this would result in the loss of the architectural nature of the sign and the sign would lose visibility to traffic. City Manager Gary Esplin commented that many of the buildings along the Blvd. do not have a setback - they are built on the edge of the right-of-way line. Councilmember Bunkder inquired why there is an ordinance if it does not apply to most of the signs on the Blvd. Steve Davis replied that if the use of the building changes, then a mandatory change is required. If this motel ceases to be used as a motel, they would have to bring the sign into compliance. St. George City Council Minutes October 6, 2011 Page Five Councilmember Almquist inquired of Mr. Davis if he discusses the monument sign concept with his clients. He inquired if the “no vacancy” portion of the sign could be on the reader board instead, with the idea that eventually all the signs will drop down as the trees along the Blvd. get taller. Mr. Davis replied that most sign owners would love to drop their signs down below tree level, but are precluded by the nature of their properties. He stated his number one goal is advertising and to try and get the sign in the right location and where it is visible. Councilmember Shakespeare commented she liked the suggestion of helping businesses along the Blvd., as the City has done on Main Street, in order to help them redo their signs. There is no sense in having an ordinance if the City is going to give variances right and left. Mr. Davis replied that there have been a few variances, but they have all been motels which have built to the property line. City Manager Gary Esplin advised that if the Council denies the request, the applicant will not be able to afford to move the sign and will leave it as it is. Moving the “AAA” into the reader board would help, and perhaps this and moving the “no vacancy” could be made a condition of approval. City Attorney Shawn Guzman advised that if there is a recommendation to approve the request, it should be noted in the motion that the size of the sign is being reduced due to the reader board and that one of the signs on the pole will be removed. Councilmember Nickle commented it looked to him like the applicant is simply modernizing the existing sign, and every company should have the opportunity to update their signs. MOTION: A motion was made by Councilmember Pike to approve the sign permit, noting that with this approval the applicant is reducing the square footage of the sign with a reader board, and subject to the requirement that they remove the ‘AAA’ portion of the sign, and move the “No Vacancy” portion of the sign up next to the reader board to make it cleaner. SECOND: The motion was seconded by Councilmember Almquist. VOTE: Mayor McArthur called for a vote, as follows: Councilmember Pike - aye Councilmember Almquist - aye Councilmember Bunker - no Councilmember Shakespeare - aye Councilmember Nickle - aye The motion carried. AGREEMENT: Consider approval of a financing agreement for Straight Up Aviation. CJ Wade, applicant. City Manager Gary Esplin advised that approval of this agreement will allow the bank to place a lien on the hangar to cover the cost of relocation to the new airport. Mayor McArthur left the dias and Councilmember Bunker assumed her role as Mayor pro tem. City Manager Gary Esplin recommended approval subject to review of the agreement by the City Attorney. City Attorney Shawn Guzman explained the agreement is for construction costs only which includes the cost of relocation. MOTION: A motion was made by Councilmember Almquist to approve the agreement subject to review by the City Attorney. 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 St. George City Council Minutes October 6, 2011 Page Six The vote was unanimous and the motion carried. ACCEPT LAND DONATION: Consider acceptance of a land donation from PI Real Estate. City Manager Gary Esplin explained the donation is 4.49 acres of land from the LDS Church. It is located across from the Dinosaur Museum. There are no stipulations or conditions. However, it is recognized that if there are any taxes due on the property, the City will be responsible for them. The City will also be responsible for installing roadway improvements, which it is already doing. This was originally a chapel site until dinosaur tracks were discovered on the property. MOTION: A motion was made by Councilmember Shakespeare to accept the property donation along with its liabilities which may include taxes and roadway improvements. SECOND: The motion was seconded by Councilmember Almquist. VOTE: Mayor Pro Tem Bunder 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. PUBLIC HEARING/AMEND CITY CODE/ORDINANCE: Public hearing to consider eliminating or modifying Chapter 13E, Density Bonus Overlay Zone requlations from Title 10, St. George City Code. City Manager Gary Esplin advised this item was discussed extensively in a work meeting, and the Planning Commission recommends approval. Bob Nicholson explained the density bonus overlay zone was adopted in February, 2008 with two goals - to have neighborhood parks and trails provided by developers, and to transfer the burden of providing those parks and trails from the taxpayer to the developer. A committee was formed to study the issue and two areas were created. This idea was well intended. It attaches only to zone changes. The first project to use it was Silkwood which resulted in a one acre park which is too small to be accepted by the City as a public park. They had to create a HOA to take care of the park. There have not been any other success stories. The density bonus overlay zone creates an uneven playing field for developers, and small parcels end up having very small amenities, and HOAs have to created to care for the amenities. It is also a complicated ordinance. The Planning Commission feels a better way to achieve the same result is through updating the park impact fee and attach it to every building permit. The recommendation is to delete the density bonus overlay zone and update the park impact fee to more equitably share the costs on everyone. Their recommendation was unanimous. Councilmember Bunker inquired if the City would than have to purchase property from a developer for a park. City Manager Gary Esplin explained that in accordance with State law the City needs to update its capital project plan list and then impact fees can be established based on the updated plan. The City is in the process of doing this. The new plan will identify where the City needs to pick up parcels for development as parks and the City Council will decide on the new impact fee. Mayor M...

...NCY DISTRICT BUILDING: City Manager Gary Esplin introduced Laura Taylor, Parks Planning Manager, and stated that she would be discussing the progress that has been made on the proposed Conservation Garden and an HCP Interpretive Center. Ms. Taylor presented a power point presentation entitled Red Hills Desert Garden. Ms. Taylor stated that a project team had been established and talked about the meetings that had been held. She explained that the project team had identified a number of site St. George City Council Minutes February 12, 2009 Page Two constraints and reviewed a draft concept that had been developed with recommendations from the Habitat Conservation Advisory Committee and a technical committee. Mr. Ron Thompson of the Washington County Water Conservancy District stated that he believed they could obtain grant money from the Fish and Wildlife Agency and other agencies to help with the project. He said that he believed that if different agencies would work together they could get the funding and be able to create a unique community feature. Mr. Bob Sandberg, Acting Administrator and Biologist for the HCP, explained that the HCP had been looking for a place for an Education Center. City Manager Gary Esplin asked Mr. Sandberg if the HCP had funding for an Education Center. Mr. Sandberg stated that the county isn?t in a position to start building immediately because of the economy. He said they have some money that could be put toward the plan. He said they would want to have a building for both the education component and the interpretative center along with office space for HCP. A brief discussion was held about the proposed uses and how the land could be used without a negative impact to any of the protected species in the area. Mayor McArthur said they should continue to investigate funding and other partnerships. City Manager Gary Esplin said they should plan a field trip and go to the site and discuss the possibilities. Mayor McArthur called for a brief break. Upon conclusion of the break, the meeting continued. City Manager Gary Esplin stated that SITLA is expecting the City to maintain Southern Corridor medians and landscaping at a cost of $3,600 per acre per year. He said his concern is that he wants the medians maintained but there?s no money. Mr. Esplin said that SITLA should create something to pay for the maintenance. A brief discussion was held about SITLA expectations and the impact to the City?s budget. City Manager Gary Esplin stated that two sites need to be designated for parks in Sun River. He explained that the City has been collecting impact fees for that purpose and that the City has an obligation to build the parks. In the past, representatives from Sun River have not been cooperative with the City with regard to designating land for a fire station. Mr. Esplin suggested that the City take a firm stand with Sun River in order to get the land designated for the two parks. Mayor McArthur directed City Manager Esplin not to issue any additional permits for Sun River until they designate the land for the parks. St. George City Council Minutes February 12, 2009 Page Three...

...d if there will be a penalty if the construction time frame is not met. Parks Planner Millie Cockerill explained that the project is to be finished prior to the Senior Games. She showed a picture of the proposed courts. A significant portion of the contract is grading. Councilmember Almquist noted that the City is provided 19 trees from the City’s tree farm for a savings of approximately $4,000. Ms. Cockerill stated that they have confirmation that all qualifications have been met. St. George City Council Minutes May 21, 2015 Page Three MOTION: A motion was made by Councilmember Almquist to award the bid for the Little Valley Pickleball Phase 4 project and additional items listed on the engineer’s list to Progressive Contracting in the amount of $962,215.73. 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. CHANGE ORDER: Consider approval of a change order for the Washington Fields Trail and Drainage project for the installation of a traffic signal at Mall Drive and 3000 East. City Manager Gary Esplin advised this is a change order for the Washington Fields Trail and Drainage project. The bid was awarded to Interstate Rock Products. In order to make things work correctly, staff recommends installing the traffic signal at the same time, using the same contractor. Bids received were similar to those received previously for other traffic signals. Purchasing Manager Connie Hood stated the cost is $176,216. City Manager Gary Esplin explained the drainage project cost is $1.6 million. The power is being provided by Dixie Power. MOTION: A motion was made by Councilmember Almquist to provide for Interstate Rock Products the additional cost for a traffic signal on Mall Drive and 3000 East in the amount of $176,216. 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. City Manager Gary Esplin stated the City provides the hardware through the state contract. St. George City Council Minutes May 21, 2015 Page Four PUBLIC HEARING/ZONE CHANGE/ORDINANCE: Public hearing to consider a zone change from C-2 (Highway Commercial) and R-1-10 (Single Family Residential 10,000 sq. ft. minimum lot size) to PD-C (Planned Development Commercial) on 28.802 acres generally located at the northeast corner of Riverside Drive and Mall Drive from Mall Drive to 2200 East and Riverside Drive to the River. Smith’s Food and Drug Center, applicant. Planner Ray Snyder showed an aerial map, an obsolete layout, a revised layout, General Plan map, and zoning map. He mentioned and reviewed items included in the agenda packet. The items are a narrative outlining the development, a site plan, elevations, a photo of the store in North Odgen, a site plan for the gas station, a list of permitted uses including Planning Commission recommended changes, a master sign plan, photos of the proposed signs, and pylon and monument sign criteria. The applicant will have to meet City code with regard to trees in the parking lot. Councilmember Almquist noted the plan shows that the diamonds in the parking lot are small. He suggests at least 6 feet in any direction – giving trees room to grow. Mr. Snyder showed a page from the development agreement. He read and outlined staff’s comments as listed in the agenda packet. The Planning Commission recommends approval with suggested conditions which he also read and outlined the conditions as listed in the agenda packet. Councilmember Hughes inquired about the future road along the river. He asked why is that pad by itself. Councilmember Bowcutt mentioned that in the Planning Commission meeting, it seemed that each of the pads were going to provide parking. Without knowing what will be there, how do you plan for parking. City Manager Gary Esplin explained that the uses will have to be controlled; that is why a PD zone is good in this location. Deputy City Attorney Paula Houston noted that this will go on for years. Mr. Snyder will keep a chart to keep track of how many stalls will be required. She provided examples of parking issues that have occurred. They can return and ask for a reduction in parking. Councilmember Almquist inquired about landscaping. He suggested the following: • #4 on the Planning Commission recommendations; he suggested it mirror #17 on staff’s comments • #7 on the Planning Commission recommendations; he suggested staff encourage that a local landscape architect be included in the landscaping plans • #9 on the Planning Commission recommendations; he noted that there is quite a bit of elevation change on the west side of the dinosaur museum that will require some sort of a wall. It does not to appear to show on the rendering. Brett Whalen, representing the applicant, explained that when they made the application the property owner was working with Woodbury Corporation in a joint St. George City Council Minutes May 21, 2015 Page Five venture. There is great anticipation to move forward. Smith’s has completed three Marketplace stores that have been well received by the communities. Additionally, there has been a significant amount of effort to have a project that can move forward. He explained that as Riverside Drive abuts to Mall Drive, they will make sure there is adequate site distance. As far as the diamonds planters and landscaping go, his firm will be performing the landscape architect. They will be glad to provide a list of where they have had successes. Building colors will be earth tones. Although they have not completed the final design, entrances at their other projects have been enhanced with raised planters and trees. City Manager Gary Esplin noted that Parks Planning staff will review the landscape plans. He clarified that the signs can be approved through the PD zone so that the Council can see what they look like. Mayor Pike opened the public hearing. Kendall Clements, resident, inquired about the pad and why the road shifted. Mr. Whalen explained that while working with City staff on the traffic, it was recommended that the road shift. Mr. Clements commented that he lives in the community and looks forward to seeing this development. Mayor Pike closed the public hearing. MOTION: A motion was made by Councilmember Almquist to change the zone from C-2 and R-1-10 to PD-C on 28.802 acres generally located at the northeast corner of Riverside Drive and Mall Drive from Mall Drive to 2200 East and Riverside Drive to the River with the requested information in the agenda packet including items #1-15 of the Planning Commission and the amended heights that were presented and the signage as has been explained under the requirements of PD-C zone and also to make sure that #4 on the Planning Commission recommendations mirror the language of #17 on staff’s comments. SECOND: The motion was seconded by Councilmember Randall. VOTE: Mayor Pike called for a roll call vote, as follows: Councilmember Almquist – aye Councilmember Hughes – aye Councilmember Randall - aye Councilmember Bowcutt – aye Councilmember Arial – aye The vote was unanimous and the motion carried. Councilmember Almquist noted that the elevation change between the dinosaur museum property and Smith’s should be addressed. St. George City Council Minutes May 21, 2015 Page Six City Manager Gary Esplin explained that that will be addressed throughout the process. PUBLIC HEARING/ZONE CHANGE/ORDINANCE: Public hearing to consider a zone change from A-1 (Agricultural) to R-1-8 (Single Family Residential 8,000 sq. ft. minimum lot size) on 20.66 acres generally located in Little Valley, east of 3000 East Street and north of the logical extension of Crimson Ridge Drive. Development Solutions Group, applicant. Planner Ray Snyder presented the request for a zone change from A-1 to R-1-8. He showed a vicinity map, aerial map, General Plan map, zoning map, and a map showing the zone change request. Planning Commission recommends approval. Steve Kamlowski, representative, stated that this zone change matches the area well. Councilmember Almquist inquired about the parks that are part of their commitment to the City. City Manager Gary Esplin advised the park has been ongoing discussion. There is no agreement on where the parks will be and should not affect this zone change. Mayor Pike opened the public hearing. There being no comment, he closed the public hearing. Councilmember Almquist suggested after the zone change, a request for upsizing the utilities and pipes in that area should be discussed. City Manager Gary Esplin commented that the lines have been upsizing based on the General Plan. Councilmember Hughes asked how many homes will be built on the property. Mr. Kamlowski replied approximately 65 homes. Councilmember Hughes mentioned that he is concerned about building smaller as there are a limited on number of roads over the river. MOTION: A motion was made by Councilmember Randall to approve the zone change from A-1 to R-1-8 on 20.66 acres in Little Valley, east of 3000 East Street and north of the logical extension of Crimson Ridge Drive. 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. St. George City Council Minutes May 21, 2015 Page Seven City Manager Gary Esplin noted that A-1 is a misnomer for the property as it has never had water or been a farm. Traffic is the concern; Little Valley residents are restricted just as they are in Green Valley. PUBLIC HEARING/BUDGET AMENDMENTS/RESOLUTION: Public hearing to consider amendments to the FY2014-2015 Budget. City Manager Gary Esplin advised the proposed amendments to the 2014-15 fiscal year budget are as follows: 1)To budget for the 2014 Heads Up Thumbs Up (HUTU) grant which overlaps both of the 2014 and 2015 fiscal years. This budget opening accounts for funds carried forward from FY2014 to be expended in this current fiscal year; 2)To budge for a State of Utah Alcohol Drug Free Committee grant to purchase 3 in-car video camera systems; 3)To budget for the replacement of the volleyball standards at the Recreation Center with portable volleyball standard; and to also increase Youth Sports Revenues closer to anticipated final amounts for the year; 4)To budget for a donation from the Stephen Wade Foundation Grant to provide uniforms and trophies to youth sports participants; and to increase the expenditure budgets accordingly to accommodate the expenses; 5)To budget for receipt of a donation from Sun River to fund musical performances on the West Jazz Stage during the Art Festival; 6)To budget for a part-time receptionist at the City Commons building; 7)To budget for the Finance Director’s retirement which was unanticipated and not included in the budget; 8)To budget for renovations to the men’s and women’s restrooms at the Dixie Academy building to make the stalls and sinks ADA compliant; 9)To budget for reimbursement from UDOT for City Street crews and materials to repair the concrete drainage ditch on Bluff Street; 10)To budget for purchases of merchandise and snack bar goods to accommodate opening the pro shop and snack bar at each of the City’s golf courses; 11)To budget to install a membrane roof system on the City-owned building located at 1506 S. Silicon Way in the Tonaquint Hills Business Park (DXATC building); 12)To increase the budget for the audit costs allocation being greater than anticipated; 13)To increase the budget for trustee fees, audit fees, and arbitrage fees being greater than anticipated; 14)To re-budget for the City’s participation in the Milepost 8 improvements and 1000 E. St. George Blvd. intersection improvements as previously budgeted for in Fiscal Year 2013. UDOT is now ready to invoice the City for our commitment; 15)To budget for design engineering for the River Road bridge improvements and widening. Design will commence this current fiscal year with construction in fiscal year 2015-16. Primary funding will be provided by unspent funds from the 2009 Sales Tax Revenue Road Bonds; 16)To budget for this year’s estimated design, engineering and construction progress payments for the Little Valley Pickleball Courts funded by future RAP Tax revenues with a temporary advance from the Economic Development Fund; 17)To increase the St. James Trailhead budget as actual bids exceeded engineer’s estimates and to also fund the costs to bring irrigation water and power to the site. Funding is provided by Impact Fee revenues anticipated to be greater than the budgeted amount; and 18)To increase the budget for the Brigham Road Detention Basin Park to accommodate design, engineering, and geotech fees expected to be incurred this current fiscal year. St. George City Council Minutes May 21, 2015 Page Eight Mayor Pike inquired about the rent paid on the DXATC building. He asked if the funds received goes back economic development funds, which was used to pay for the building. City Manager Gary Esplin explained that the funds do go back into that fund; however some of the money was put into the General Fund to sponsor some of the economic development activities. He mentioned that the first RAP Tax check was received for $200. Mayor Pike opened the public hearing. There being no comment, he closed the public hearing. MOTION: A motion was made by Councilmember Arial to approve the amendments to the FY2014-2015 Budget. SECOND: The motion was seconded by Councilmember Randall. VOTE: Mayor Pike called for a roll call vote, as follows: Councilmember Almquist – aye Councilmember Hughes – aye Councilmember Randall - aye Councilmember Bowcutt – aye Councilmember Arial – aye The vote was unanimous and the motion carried. ZONE CHANGE/ORDINANCE: Consider approval of an ordinance vacating a portion of a maintenance easement that crosses the west 15 feet of lot 13 of Sundown Estates. Barbara Crossley, applicant. Assistant Public Works Director Wes Jenkins presented the request to vacate a portion of a maintenance easement that crosses lot 13 of Sundown Estates. When Sundown Estates was recorded, the City required an easement on the west side. The applicant has spoken with the adjacent property owner who has agreed to move the easement onto their property. MOTION: A motion was made by Councilmember Hughes to approve the ordinance vacating the west 15 feet of lot 13 of Sundown Estates easement. SECOND: The motion was seconded by Councilmember Bowcutt. VOTE: Mayor Pike called for a roll call vote, as follows: Councilmember Almquist – aye Councilmember Hughes – aye Councilmember Randall - aye Councilmember Bowcutt – aye Councilmember Arial – aye The vote was unanimous and the motion carried. St. George City Council Minutes May 21, 2015 Page Nine SET PUBLIC HEARINGS: Planner Ray Snyder advised that at it meeting on May 12, 2015 the Planning Commission recommended setting public hearings on June 4, 2015 to consider: 1)A zone change amendment request on one acre of property zoned PD-C to accommodate the future development of a Sprinkler Supply wholesale/retail store on property generally located east of the I-15 freeway and north of 300 South Street; 2)A zone change request to rezone on: 1.695 acres from C2 to PDR; 0.412 acres from PDR to C2; and 0.412 acres from C2 to PDR to accommodate future residential development of Desert Crest generally located at the southeast corner of Desert Canyons Parkway and the Southern Parkway; and 3)A General Plan amendment from COM to MDR on approximately 7.89 acres generally located at the northeast corner of Brigham Road and Desert Hills Drive to allow for the future submittal of a zone change for Desert Hills Townhomes. MOTION: A motion was made by Councilmember Randall to set the public hearings for June 4, 2015. 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. HILLSIDE PERMIT: Planning and Zoning Manager John Willis presented the request for an amendment to a hillside permit. The property located at Nevada Drive and 3000 is approximately 34.58 acres and is zoned PD-R. He showed several maps and explained that they are requesting to connect two cul-de-sacs in order to improve connectivity and address sewer depth. The hillside ordinance requires all major development on slopes above 20% requires a hillside development permit. They are within the required hillside disturbance; however, there is a small wash the applicant is requesting not be included in the determination. He read the portion of the ordinance that applies to washes. The applicant believes the area meets the criteria. The Hillside Review Board and Planning Commission have reviewed and recommend approval. He then showed pictures of the site. MOTION: A motion was made by Councilmember Almquist to approve the amended hillside development permit for Red Cliffs Park. 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 St. George City Council Minutes May 21, 2015 Page Ten Councilmember Arial – aye The vote was unanimous and the motion carried. HILLSIDE PERMIT: Planner Ray Snyder presented the request for a hillside development permit to allow for the removal of isolated noncontiguous and insignificant slopes to allow development of multi-family apartments. The property is located directly north of the electrical substation at Riverside Drive and 1990 East Street and is south of the Rebel Creek Apartments and is approximately 6.84 acres. He showed a vicinity and site map, aerial views of the site, zoning map, General Plan land use map, a slope table, a slope legend, plans, a geotechnical report, and photos of the area. He mentioned the applicable ordinances and read staff comments, Hillside Review Board motion, additional comments and Planning Commission comments and motion as listed in the agenda packet. Approval is subject to review of the Legal Department and a donation agreement as offered by the applicant. The applicant requests that acceptance of the donation of land come with the stipulation by the City that no future development occur on the approximate 32.02 acres. Councilmember Hughes inquired about the donation agreement. He asked if the City wanted the property and what the liability was if a rock were to fall. Councilmember Almquist mentioned that it was made clear on site that they are two separate items. Deputy City Attorney Paula Houston advised that the City’s position is that it does not have liability as long as the City has not altered the area in anyway. Although they are two separate parcels, if the City Council would like to consider them together, they can, but they do not have to. City Manager Gary Esplin commented that he feels it needs to be in a separate motion. Further development would not be considered without having a resolution accepting the property in place. In the past, the City has accepted hillsides; however, he agrees with Deputy City Attorney Paula Houston with regard to liability to the City. There will always be a potential liability. MOTION: A motion was made by Councilmember Hughes to approve the recommendations of the Hillside Review Board to remove the isolated and insignificant slopes on approximately 6.84 acres as presented and do not include the donation agreement. SECOND: The motion was seconded by Councilmember Arial. Deputy City Attorney Paula Houston noted that the motion should clarify that the approval is based upon the fact that the other property is being considered as the percentages that makes it okay to grant the variance. AMENDED MOTION: Councilmember Hughes amended his motion to include Ms. Houston’s note. SECOND: The amended motion was seconded by Councilmember Arial. St. George City Council Minutes May 21, 2015 Page Eleven VOTE: Mayor Pike called for a vote, as follows: Councilmember Almquist – aye Councilmember Hughes – aye Councilmember Randall - aye Councilmember Bowcutt – aye Councilmember Arial – aye The vote was unanimous and the motion carried. Councilmember Almquist mentioned that it would serve well to have Deputy City Attorney Paula Houston review an issue that came up while the Hillside Review Board was on site. He explained the expertise the Hillside Board includes and noted that he is a non-voting member of the Board. One of the members needed to clarify their status for voting. He asked Deputy City Attorney Paula Houston to explain the parameters of the board members. Deputy City Attorney Paula Houston pointed out that there may have conflicts of interest on any board or committee. That may be ownership or contractual interest in the property. Under state law, the member is required to declare the conflict; they do not have to remove themselves. In her experience, those with a conflict always choose to recuse themselves. Councilmember Almquist noted that one of the representatives was under contract to provide information to the applicant. That member recused himself and did not participate. Mr. Jenkins clarified that the applicant has a building design conceptual site plan and a conditional permit that will be coming to Council soon. He hopes the donation will not hold that up. PRELIMINARY PLAT: Assistant Public Works Wes Jenkins presented the preliminary plat for The Villas at Cottam Ridge, a 60-lot residential subdivision located at River Road and 1850 South; zoning is PD-R. He pointed out that the main access is off River Road. Originally, the applicant proposed to only do the south half of the access. Staff requested the entire access be completed further. The lots along River Road will be double fronting lots with landscape strips that will be maintained by the HOA. The proposal is to run irrigation lines to irrigate vegetation and remove the dead vegetation. He showed pictures of the dead vegetation. Councilmember Almquist mentioned that it is a fire risk and it has never been cleaned out. Maybe irrigating the trees will make them healthier. Councilmember Hughes asked if there is there a way to make it accessible. Mr. Jenkins stated that staff looked at that. They will need to provide access because it will need to be maintained. St. George City Council Minutes May 21, 2015 Page Twelve City Manager Gary Esplin explained that when the final plat is approved, the developer will need to have a plan and address how they will maintain it. The plan will have to be reviewed by Parks Planning staff. Councilmember Bowcutt asked about a written agre...

...nd of the year should have some good, solid information for Council. Parks Mr. Perkins gave some statistics regarding parks. Staff maintains 38 parks encompassing 3,000 acres; 21 trail heads; 16 trails; and 38 parking lots. Approximately 20,000 flowers, from the City greenhouse, have been planted; there are 2,500 trees on the tree farm; and there were 1,200 parks reservations. The west side of the Tonaquint cemetery will be planted with sod this year and St. George City Council Minutes May 26, 2011 Page Seven lots will be sold. Parks personnel have an average of seven certifications each. An updated T...

...getting close to finalize the numbers. A shade structure is needed. Parks Planner Mark Goble presented a PowerPoint presentation covering the following topics: Exhibit B; shade structure coverage areas; and rendering of the structure. It is proposed to award the bid to Sonntag Recreation as a total cost of approximately $75,000. He then showed a rendering of structure 2; planned use; and RFP rating. Mayor Pike mentioned that the City has been very fortunate in raising funds. Because of some generous donations, the funds will be covered. MOTION: A motion was made by Councilmember Arial to award the bid for the All Abilities Park playground shade structure in the amount of $74,900. 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. AWARD OF BID: Consider award of bid for the Millcreek Park playground surfacing. Parks Planner Millie Cockerill advised that staff received proposals for two items, rubberized surfacing and shade. Several propels were received; staff recommends awarding the bid to Robertson Recreational Surfaces. She showed rendering of the playground structure and layout. The cost is $36,121.32 for the materials only. This is poured in place rubber surfacing similar to the Fields at Little Valley. Deputy City Attorney Paula Houston noted that the amount is different from the agenda packet because they did not include the construction contract. Tonight, the Council will be approving the purchasing agreement. Staff will talk to JP Excavating about the installation and subcontracting that out. St. George City Council Minutes March 17, 2016 Page Fifteen City Manager Gary Esplin explained that if Council approves the total amount, staff could negotiate the cost. Ms. Cockerill stated the total cost for materials and installation is $55,323.36. MOTION: A motion was made by Councilmember Bowcutt to award the bid to Robertson Recreational Surfaces on the amount of $55,323.36; materials would be awarded to Robertson Recreational Surfaces and installation would be someone else, total would not exceed the approved amount. 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. AWARD OF BID: Consider award of bid for the Millcreek Park playground shade structure. Parks Planner Millie Cockerill showed pictures of the shade structure. Staff recommends awarding the bid to Wicked Shade who has installed shade structures at other City parks. The total cost of $46,629. Deputy City Attorney Paula Houston explained the cost of the equipment and a portion of the installation would be paid to Wicked Shade. The remaining amount would be paid to another vendor, not to exceed the total amount. Councilmember Bowcutt commented that the putting the shade structure may not provide much shade. Mayor Pike mentioned that other parks have the same issue. Ms. Cockerill stated that will go back and di...

...AILS SYSTEM MAP: Monty Thurber, Engineering Department, and Zac from the Parks Department, presented the Mayor and Council with the new Urban Trail Guide which shows inter-connectivity between the City?s trail systems. The Guide classifies all trail types, shows park locations, internet hot spots, etc. It will be available at the City Office, Chamber of Commerce office, Parks office, Recreation office, BLM office, Dixie Center, and Dinosaur Museum. AWARD OF BID: Consider award of bid for The Fields Phase 2 park project. City Manager Gary Esplin advised that nine bids were received. The low bidder is Red Canyon Contractors at $1,651,913.42. Changes had to be made to the type of amenities, so alternates to the base bid were prepared. A power point presentation was presented on the Base Bid, Bid Alternates 1 through 6, and Recommendations. Laura Taylor, Parks Department, recommended award of the base bid and alternates 1, 2 and 3. She proposed purchasing the trickle tractor and water windmill at a later date if the budget allows. City Manager Gary Esplin clarified it was decided that splash pads would only be put in community parks and not neighborhood parks. Ms. Taylor presented the project budget. Mr. Esplin advised ...

...nd to dedicate such to the City of St. George. Laura Taylor from the City Parks Dept. said they have been working with Hidden Valley to finish up the park. She would like to request they make approval of the final plat subject to the punch list being completed. She said they are working on correcting those items but there still is some work to be done. She said there is a development agreement that states that the park would be design and completed based on Parks Dept. approval. The dedication of the park was held this past February 2008. But there is still work to be done. Scott Duffin with Bush and Gudgell said he is not up-to-date on the list of work that still needs to be completed. He said the developer Ivory Homes is concerned that the punch list will hold up the approval of the final plat. They have every intention to complete the punch list. Laura said the punch list was given to Ivory Homes and none of the items were a surprise to them. Laura said they agreed they would be responsible for them. She indicated a few of the items on the punch list are the splash pad and the restrooms. The other items are under the warranty. Laura read the punch list into the record.Commissioner Campbell asked if they passed the building inspection and received their Certificate of Occupancy. Laura replied they did receive their Certificate of Occupancy.Laura said when they met with Ivory Homes they indicated they would have the punch list completed by June 14th but she is not confident they can resolve all the splash pad problems in that time frame.MOTION: Commissioner Burks made a motion to recommend to City Council approval of the amended final plat The Casitas at Hidden Valley provided the items on the punch list are corrected and completed by the first of July 2008 and authorize the Chairman to sign. Commissioner Read said he is concerned about the time issue. He would like to see the client go through the meeting with City Council on June 19th instead of being held up. He felt Ivory Homes could either give a bond or have the City hold up the recording of the plat until the punch list is complete. Commissioner Burks would disallow the date. All voted aye.PRELIMINARY PLATS A. Consider a preliminary plat request for Avalon Condominiums with forty-eight (48) units located at 330 South 1000 East. Mr. Dave Watson, applicant. The zone is R-4 and the General Plan is HDR. Case No. 2008-PP-010 (Note: these are existing apartments that are being converted into condos).Assistant City Engineer Jay Sandberg said this item was tabled at the last Planning Commission meeting to allow the applicant time to resolve how the creation of a proposed tot lot would result in a deficiency of four parking spaces. Since that time the applicant has met with staff and determined to redesign the plat in order to meet the parking requirements and eliminate the tot lot.He said this development is currently a 48-unit 3-bedroom per unit apartment complex and managed by an on-site manager. The owner proposes to sell each of the units to individual owners or investors. The complex would then be managed by a Homeowner’s Association. The development currently has 25,455 sq. ft. of recreational area. It is required to have 9,600 to meet the 200 sq. ft./unit requirement.Kelly Schumtz with Brown Consulting said they decided to go without the tot lot and go with the parking. Commissioner Taylor said he is concerned about how the units will be sold. Kelly said the applicant would like to sell them as individual units. He does not know who will purchase the units, if it will be a first time home buyer, investors, or low income buyers.Kelly said the CC&R’s will be submitted to the City’s Legal Dept. for final review. Council Member Shakespeare asked if there is any place in the City where there are developments that restrict the units to be owner occupied only. Jay said he is not aware of any. He suggested that Planning Commission table this item and take a look at other similar projects to see if they like what they see. Assistant City Attorney Joseph Farnsworth said the Legal Dept. goes through the CC&R’s to make sure they meet the State’s requirements. Kelly said the units are zero percent owner occupied. He doesn’t feel it is fair to think that renters will not take care of the units. Kelly said given that the applicant is out of town and seeing that Planning Commission would like to hear this again so the applicant can respond to their questions he felt the item could be tabled. Commissioner Read asked if they would see the CC&R’s before the next meeting. This might answer some of their concerns. Kelly will see if that would be possible.MOTION: Commissioner Read made a motion to table the item until the next meeting which will be July 8th. Commissioner Hullinger seconded the motion. All voted aye.B. Consider a preliminary plat request for Milne Estates Subdivision with four (4) residential lots located off 3430 East Street. The applicant is Mr. Travis Milne and Mr. Gary Milne. The zone is A-1 (Agricultural). The site is located on 4.96 acres more or less. Case No. 2008-PP-015Assistant City Engineer Jay Sandberg said this request is for a four lot subdivision on 4.96 acres on A-1 property. The applicant has requested that he be able to create Lot 1 in order to sell at this time. Because there have been other parcels subdivided in the area, city code requires that a Preliminary and Final Plat be prepared. In the future Lots 3 and 4 will be improved, and if the property is re-zoned to meet the Rural Residential zone, there is a possibility that 7 additional and 8 lots total could be created. Lot 2 already exists. Staff recommends that the approval be subject to:1) A delay agreement for the improvement of the cul-de-sac and appurtenant utilities for Lots 3 and 4. 2) Utilities be approved and installed for Lot 2.3) A Final Plat for all 4 lots is approved.4) The improvements adjacent to Lot 1 are completed on 3430 East.5) The above conditions should be completed prior to a building permit being issued.Travis Milne the applicant said they will do the delayed agreement in the near future. He asked if they would have to improve the road out front of Lot 1 as part of the development of the lot. He said this is all he has and he would like to leave the improvements to the last due to money constraints. Jay said if it doesn’t make sense to the build the road because of the future design but in the pass they have always asked for the frontage road to be improved. Jay said staff would be fine if this was included as part of the delayed agreement.MOTION: Commissioner Taylor made a motion to recommend to City Council with the understanding the delayed improvement will be for the front road and side road of this plat. Commissioner Campbell seconded the motion. Commissioner Read asked when the improvements will be done. Jay said in the past they have requested that improvements be put in the same time when someone is developing across from them. Commissioner Taylor added to his motion until such time there is future development. All voted aye.C. Consider a preliminary plat request for Red Cliffs Park (Escalara) with one hundred and three (103) residential lots located generally at 2050 East 1100 North. The applicant is 2B Holdings LLC & Quality Development. The zone is PD-RES (Planned Development – Residential) and the General Plan is LDR. The site is located on 34.58 acres. Case No. 2008-PP-016Assistant City Engineer Jay Sandberg said this site is located east of Escalara Phase 2 and 3 and south of the Red Cliffs Desert Reserve. This PD-RES (Planned Development Residential) zone change was approved by the Planning Commission and City Council in March and April of 2008. They are here today to request to develop in seven (7) phases approximately 103 single-family residential lots of various sizes with open space areas. He went over staff’s comments; A PD-RES (Planned Development-Residential) zone change was approved by the Planning Commission and City Council in March and April of 2008. Portions of this development are located in a FEMA flood zone. A map revision may be required. A drainage study has been completed, and the some detention will be provided.The project proposes private streets with a 35 ft. ROW and 30 ft. ROW. The public streets would have 45 ft. and 50 ft. ROW.The site contains existing high voltage overhead transmission lines.The applicant shall follow the recommendations of the AGEC geotechnical report dated February 1, 2008; project no. 2072143 (pages 9 thru 17).100 foot setbacks shall be maintained from the ridge line; per Title 10, Chapter 13 “Overlay Zone,” Chapter 13, Article A “Hillside Development Overlay Zone,” and specifically Section 10-13A-2.No structures shall be located in the utility easement(s).No structures shall be located in the site distance areas.Retaining walls shall meet the requirements of Title 10, Chapter 18 “Walls, Fences, and Hedges’ and Title 10, Chapter 18, Article A, “Rockery Walls.”All density and disturbance shall comply with Title 10, Chapter 13 “Overlay Zone,” Chapter 13, Article A “Hillside Development Overlay Zone,” specifically Sections 10-13A-4 and 10-13A-5.The requested “non-applicable” cross hatched areas on the slope map may be disturbed per Section 10-13A-5 (B)(3) (as recommended for approval by the Hillside Review Board and staff site visit with the applicant). “No Disturb” areas shall be designated on the slope map. Orange fencing shall be installed to indicate limits of disturbance. Trail head parking shall have off street parking provided that does not require backing out into the right of way.A hillside permit shall be submitted for approval at the time a preliminary plat is submitted for approval.The Phasing Plan shows the connection to Liberty Heights subdivision as the last phase. Staff recommends that construction access not be allowed thru that phase.The Parks Planning Division recommends that the non-disturb Hillside areas versus the common areas between and near the units be more clearly delineated on the final plat as has been done on the Escalara Plats.Commissioner Taylor asked if this is a significant change to the plat. Jay pointed out some of the lots that City staff felt was too close to the flood area and therefore the lots were eliminated. Commissioner Taylor said he has concern with traffic. He would like to have this study further. Stacey Young the representative said the reason the road is 45 ft. wide is because of the topographic of the land. They would have to scratch back the rocks. He said he believes the road can handle the traffic. Commissioner Taylor felt they could scratch out another 5 ft. there. Stacey said there is so much of the area when it comes to hillside that they can disturb. Jay said the 45 ft. can handle about 50 homes. The 50 ft. width could handle quite a bit more. He said they could look at that road to see if they would be able to add 5 ft. to the road. MOTION: Commissioner Hullinger made a motion to recommend to City Council approval of a preliminary plat request for Red Cliffs Park subject to working the road issue out with City staff. Commissioner Taylor seconded the motion. All voted aye.HILLSIDE PERMITConsider a request for a hillside development permit for “Red Cliffs Park,” a proposed seven (7) phase master planned residential PD (Planned Development). The project would result in 103 single family residential lot. The site is on 34.58 acres. The site is located east of Escalara Phases 2 and 3; generally located at the north end of 2050 East Circle at approximately 1000 North. The applicant is QRS Group, the representative is Mr. Stacy Young, and the engineer is Bush & Gudgell. Hillside Permit Case No. 2008-HS-001 Assistant City Engineer Jay Sandberg said it has been recommended they follow the AGEC report. There is also a ridge line setback. There is a 100 ft. setback required from the ridge line. A flood prone area is located on the site. The wash is in Zone A, thus a portion of the site is in the flood plain. The flood prone area generally extends north to south through the center of the site. Jay said the Hillside Review Board recommends approval with conditions;“A motion to approve the requested hillside permit as presented with the reservation that Lot 45 should be removed from the project unless the applicant and Development Services (staff) determine adequate mitigation measures are achievable, that all drainage on site shall be evaluated by Development Services and appropriate mitigation shall be made, that all walls, their method of construction, and materials shall be shown on the submitted plans and shall be in compliance with the city wall ordinance, that the 100 foot minimum setback from ridgeline be adhered to. It is recognized by the committee that the developer and representative have demonstrated design and consideration for preserving the visual amenities of the site. The motion also includes staff comments as presented in the staff report.” ((Staff comments from the report as listed below))The applicant shall follow the recommendations of the AGEC geotechnical report dated February 1, 2008; project no. 2072143 (pages 9 thru 17).The drainage improvements shall comply with the City of St George flood control requirements. Recommendations are found in the Drainage Study; Project No. B & G 5-8741 (subject to City engineering review).100 foot setbacks shall be maintained from the ridge line; per Title 10, Chapter 13 “Overlay Zone,” Chapter 13, Article A “Hillside Development Overlay Zone,” and specifically Section 10-13A-2.No structures shall be located in the utility easement(s).No structures shall be located in the site distance areas.Retaining walls shall meet the requirements of Title 10, Chapter 18 “Walls, Fences, and Hedges’ and Title 10, Chapter 18, Article A, “Rockery Walls.”All density and disturbance shall comply with Title 10, Chapter 13 “Overlay Zone,” Chapter 13, Article A “Hillside Development Overlay Zone,” specifically Sections 10-13A-4 and 10-13A-5.The requested “non-applicable” cross hatched areas on the slope map may be disturbed per Section 10-13A-5 (B)(3); Small washes or rock outcroppings which have slopes distinctly different from surrounding property and not part of contiguous topography may be excluded from slope determination if, in the opinion of the hillside review board, the exclusion of such small areas from slope determination will not be contrary to the overall purpose of this article.“No Disturb” areas shall be designated on the slope map. Orange fencing shall be installed to indicate limits of disturbance. Trail head parking shall have off street parking provided that does not require backing out into the right of way.A hillside permit shall be submitted for approval at the time a preliminary plat is submitted for approval. Planner Ray Snyder spoke on the lots that were eliminated from the site. He said they have worked out the density and the slopes and staff is comfortable with the design.Jay said they had a meeting with the developer and Washington City has put a requirement on this subdivision to have a second access. What they have told the developer is that they need to make a written proposal to the City and it will be taken to City Council as a separate issue. MOTION: Commissioner Hullinger made a motion to recommend to City Council approval of a Hillside development permit for Red Cliffs Park subject to staff comments and applied with the motion of item 2A. Commissioner Campbell seconded the motion. All voted aye.CONDITIONAL USE PERMITConsider a request for a conditional use permit to construct a detached accessory garage that would exceed the allowable height of fifteen feet (15’-0”) up to a proposed height of twenty feet four inches (20’-4”) high. The subject property is located in the Crimson Cliffs subdivision. The address is 2556 East 2300 South Circle. The zoning is RE-20 (Residential Estates 20,000 square foot minimum lot size).The applicants are Mr. and Mrs. Dell. Case No. 2008-CUP-013Planner Ray Snyder said this request is to construct a residential garage. The proposed height for the garage is twenty-foot in height. The over all garage is over 2,000 sq. ft. Staff has recommended that the shower come out of the structure. The applicant agreed to remove that. The building is single-story. Staff recommends approval. MOTION: Commissioner Burks made a motion to recommend to City Council approval for a conditional use permit for a detached accessory garage. Commissioner Taylor seconded the motion. All voted aye.Commissioner Hullinger left the meeting at 6:45 p.m.Acting Chairman Bracken indicated the time was 5:00 p.m. therefore they would move onto the public hearings.ZONE CHANGE REQUESTS – PUBLIC HEARINGS (5:00 P.M.)A. Consider a zone change request from R-1-6, R-1-8, R-1-10, and C-2 (Highway Commercial) to C-2 (Highway Commercial) only on 4.51 acres. Located on the north side of Riverside Drive at 2200 East (the property is located across Riverside Drive from the City Dinosaur Museum). The applicant is Mr. Darcey Stewart. Case No. 2008-ZC-013Community Development Director Bob Nicholson presented this item. The site was previously proposed as an LDS Church site but since dinosaur fossil tracks have been found on this property the LDS Church traded for another site. The property owner is willing to donate the property to the City as part of the dinosaur tracks property, but is requesting commercial zoning to enhance the value of the donation. Presently a portion of the property is zoned C-2 and most of the site is shown on the City General Plan as future commercial so the rezone and donation appear in order.Assistant City Attorney Joseph Farnsworth asked if the land will be donated to the City. Darcey Stewart replied he cannot commit to that. Laura Taylor City Park’s Manager said through her conversations with Kent Perkins with Leisure’s Services that this parcel was going to be a donation to the City as a parks location. Steve Kemp said they support the zone change.MOTION: Commissioner Burks made a motion to recommend to City Council approval of a zone change for the Riverside Drive Property. Commissioner Read said he will second the motion but would like to clarify that the minutes reflect that Darcey Stewart is not committing to a donation of the subject property. Commissioner Burks said he accepts that into his motion. A roll call was placed:Commissioner Campbell voted nay Commissioner Read voted ayeCommissioner Taylor voted nay Commissioner Burks voted ayeCommissioner Hullinger voted nay Acting Chairman Bracken voted aye Motion does not pass (3 to 3). There needs to be another motion.DISCUSSION ON THE MOTIONBob Nicholson said the focus should be on the general plan and the property is designed as commercial. City Assistant Attorney Joseph Farnsworth said you need to look at is this in the best interest of the City and is it reasonable. Commissioner Taylor said his concern is realizing the value if that property had to be picked up and purchase by a foundation or some other one it would be a higher price. He would like to see the property be used as dinosaur experience. He would change his vote.Commissioner Read said right now it is R-1-10 and the General Plan has it listed as Commercial. Commissioner Burks asked to revote on the motion. MOTION: Commissioner Burks made a motion to recommend to City Council approval zone change for the Riverside Drive Property. Commission Read seconded the motion. A second roll call was placed:Commissioner Campbell voted aye Commissioner Read voted ayeCommissioner Taylor voted aye Commissioner Burks voted ayeCommissioner Hullinger voted aye Acting Chairman Bracken voted aye Motion passes.B. Consider a zone change from A-1 (Agricultural), RE-12.5 (Rural Estate 12,500 square foot minimum lot size), and RE-20 (Rural Estate 20,000 square foot minimum lot size) to TND (Traditional Neighborhood Development) on 42.5 acres. Located at approximately 2000 South and 3000 East (in Little Valley). The applicant is Mr. Bart Coon. The project is “Crimson Valley Estates.” Case No. 2008-ZC-014Community Development Director Bob Nicholson said this is to rezone A-1 and RE-12.5 and RE-20 to TND. Bob said most of the property surrounding this property is Agricultural. Bob stated this is the first TND application the City has received. The TND is a permitted use in any development. According to the TND should include a balance housing types, single-family homes, twin homes and neighborhood commercial. Bob said they show eleven (11) three-story buildings. He said when the TND was created they did not create a density cap. So they need to look at the design of the project to see if it fits the neighborhood. Little Valley is still a very rural area. The current proposal is very heavy on the high density units. There are 485 units proposed on this 42 acres. 264 units are in the high density. There are only 19 single-family homes. 48 are twin homes. Bob said maybe the mixed of these units should be remixed. 2200 South is a proposed public street and is west of 3000 East. Bob said there are intersection alignment issues. The letters went out to the public in order to hold this public hearing.Commissioner Campbell asked for the TND definition to be read into the record. Bob said there is a TND ordinance and then there is the criteria manual which is more of a guide line. Bob spoke on the criteria for the TND. Bob read the staff comments into the record:1. The Little Valley Plan encourages TND projects to provide for compact walkable neighborhoods with superior design and useable open space. The mixed-use aspect provides for neighborhood commercial services when such become viable due to necessary roof-tops (residents) to support such.2. The mix of residential housing types continues to be the main issue with this project. The proposal shows eleven 3-story, 24-unit buildings. These eleven building account for 264 dwelling units out of the total 457 d.u. proposed. The Planning Commission may want to see more single family, and twin home style units and fewer 3-story buildings as a better way to fit into the surrounding area. In the new submittal detached single family homes have been increased from 19 to 21 units. There are 42 twin home units proposed and the other 394 proposed dwelling units are in some form of high-density housing (i.e, Assisted Living with 100 du or 30 units in the commercial – mixed use area). A more suitable plan for this area would show a majority of the units in a single family or twin-home setting and a smaller portion in 3-story buildings located in the interior of the project and not on the perimeter.3. At the PC meeting on June 10th, the Planning Commission expressed concern about the number of 3-story buildings and the overall high density adjacent to existing rural properties. Following the PC meeting of June 10th staff recommended to the applicant that the site plan be modified significantly to show predominantly single family detached housing units with the 3-story multi-family units perhaps being acceptable within the road loop (i.e, four 3-story buildings). The applicant has re-submitted his plans with rather minor changes to the overall plan. 2200 South street would connect 3000 East with 3210 East. The number of 3-story multi-family buildings remains the same at 11, plus a 100-unit assisted living facility is still proposed on the north side of the property.4. This is the first TND application received by the city and it will set the standard to some degree of what other applicants might expect. The project layout should be right for the area with an appropriate mix of housing types and not dominated by large 3-story multi-family housing structures. Staff feels the applicant has failed to provide a plan that properly integrates into the surrounding area. A plan with primarily single-family detached housing (with and without alleys) could be designed to blend better with the surrounding area, and the applicant should be instructed to come up with a more suitable plan for the setting. Staff recommends that the current plan and zone change request be denied.Commissioner Taylor spoke on how the TND came about for this area. He spoke on the other cities models that already work in their area as a TND. He felt this is not quite what he thought they would be looking at for a TND.Bob mentioned the Daybreak development in Salt Lake City. He felt that was very good model to go by as a working TND. He said the applicants are aware of Daybreak.Jay Bollwinkle the applicant presented a power point. He indicated they were mocking their design off the model in the TND ordinance. He said one of the keys to a TND is that it takes a lot of people to make it work. He feels they need people and the density to make the town center active. Jay spoke on the assisted living facility and felt it would be a great addition to their project. He showed examples of the Kentlands TND; mixed use, condos, walkable tree lined streets, twin homes, single family residences and parks. As Bob said we may be heavy on the three story buildings. He said...

... as city services go other than emergency services, as there are no public parks or schools in the area. He mentioned that there was a need to have city maintenance crews come out there more often, and he told of an area at the Angel Arch bridge where a friend of his tripped and fell and broke some ribs due to what he felt was lack of maintenance of the area. He also mentioned the need to have the sidewalks looked at, as many of them have settled and he feels are a danger to residents because of the uneven surfaces. He also mentioned the need to have public transportation out to Sun River, as many of the residents are elderly and could use the service. He also mentioned the need to see more police regularly patrolling the area. Mayor Pike mentioned that he would love to see transit services expanded to that area, but this particular service is subsidized heavily by the Federal government and because of the numbers and funding issues it is too costly to do so. He hopes to be able to find a way to do this at some time in the near future. Councilmember Baca mentioned that it is important for all citizens to be the eyes and ears of the community and encouraged all citizens to report any concerns that they may have to either the police department or the city. Mayor Pike thanked Mr. McFarland for his input and assured him that his concerns would be addressed by Council and staff. AWARD OF BID: Consider award of bid for a 60’ Bucket XT Pro for the Parks Division. City Purchasing Manager Connie Hood presented the bid for a bucket that will be placed on the Parks department Freightliner Chassis Cab Forestry truck. She request to award to the only responsive bidder, FEVA-Utility Source Company for the amount of $80,228.00, which was under the current budget price for this item. MOTION: A motion was made by Councilmember Randall to award the bid for a 60’ Bucket XT Pro to FEVA-Utility Source Company for the amount of $80,228.00. 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 Minutes January 7, 2016 Page Three Councilmember Arial – aye Councilmember Baca – aye The vote was unanimous and the motion carried. AWARD OF BID: Consider award of bid for a chassis cab for a 60’ bucket truck for the Parks Division. City Purchasing Manager Connie Hood presented the bid for a chassis cab for a 60’ bucket truck for the parks division. She mentioned that this is the cab that goes along with th...

... as city services go other than emergency services, as there are no public parks or schools in the area. He mentioned that there was a need to have city maintenance crews come out there more often, and he told of an area at the Angel Arch bridge where a friend of his tripped and fell and broke some ribs due to what he felt was lack of maintenance of the area. He also mentioned the need to have the sidewalks looked at, as many of them have settled and he feels are a danger to residents because of the uneven surfaces. He also mentioned the need to have public transportation out to Sun River, as many of the residents are elderly and could use the service. He also mentioned the need to see more police regularly patrolling the area. Mayor Pike mentioned that he would love to see transit services expanded to that area, but this particular service is subsidized heavily by the Federal government and because of the numbers and funding issues it is too costly to do so. He hopes to be able to find a way to do this at some time in the near future. Councilmember Baca mentioned that it is important for all citizens to be the eyes and ears of the community and encouraged all citizens to report any concerns that they may have to either the police department or the city. Mayor Pike thanked Mr. McFarland for his input and assured him that his concerns would be addressed by Council and staff. AWARD OF BID: Consider award of bid for a 60’ Bucket XT Pro for the Parks Division. City Purchasing Manager Connie Hood presented the bid for a bucket that will be placed on the Parks department Freightliner Chassis Cab Forestry truck. She request to award to the only responsive bidder, FEVA-Utility Source Company for the amount of $80,228.00, which was under the current budget price for this item. MOTION: A motion was made by Councilmember Randall to award the bid for a 60’ Bucket XT Pro to FEVA-Utility Source Company for the amount of $80,228.00. 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 Minutes January 7, 2016 Page Three Councilmember Arial – aye Councilmember Baca – aye The vote was unanimous and the motion carried. AWARD OF BID: Consider award of bid for a chassis cab for a 60’ bucket truck for the Parks Division. City Purchasing Manager Connie Hood presented the bid for a chassis cab for a 60’ bucket truck for the parks division. She mentioned that this is the cab that goes along with th...

... PUBLIC HEARING/RESOLUTION: Public hearing to consider approval of the Parks and Recreation Master Plan by resolution. Mayor McArthur announced that this item has been under consideration for some time, and a committee was formed to study the issue and make recommendations. He then read the names of the committee members. Jan Streifel of Landmark Design presented a power point presentation on topics including completed activities, community profile, results of the survey, neighborhood park definition, existing neighborhood parks, community park definition, existing community parks, neighborhood parks in new development areas, recommendations and actions, the City?s role, most used recreation facilities and programs, most desired activities and facilities, existing recreation facilities, key issues, community arts, trails, and next actions. Mayor McArthur opened the public hearing. Ed Baca complimented the Mayor and City Council on having one of the finest Leisure Services Department in the country. He urged the Mayor and Council to move forward in having developers support project improvements, and to adopt a plan for system improvement to be financed through impact fees. Mike McGregor commented that the equestrian community is being forgotten. There being no further public comment, Mayor McArthur closed the public hearing. City Manager Gary Esplin commented that the committee has done a great job putting together the master plan but further discussions are needed with regard to the financial aspect of the plan. The next discussion will be with regard to impact fees. Mayor McArthur read the resolution adopting the parks and recreation master plan. St. George City Council Minutes Oct...

...ARD OF BID: Consider award of bid for a 2003 Skid Steer Bobcat for the Parks Department. St. George City Council Minutes February 6, 2003 Page Two Purchasing Agent Sue Swensen recommended purchase of the 2003 Skid Steer Bobcat through the State contract with Scott Machinery in the amount of $26,893. A motion was made by Council Member Orton and seconded by Council Member Whatcott to approve the purchase through the State contract with Scott Machinery in the amount of $26,893. Mayor McArthur called for a vote, and all voted aye. The motion carried. AWARD OF BID: Consider award of bid for asbestos abatement at the Community Arts Building. This item was tabled until the next City Council meeting. AWARD OF BID: Consider award of bid for four police interceptors. Purchasing Agent Sue Swensen recommended purchase of the four police interceptor vehicles through the State contract with Butterfield Ford in the total amount of $88,712. City Manager Gary Esplin explained that the vehicles will be used by the Resource Officers in the middle schools approved as part of a budget opening. A motion was made by Council Member Gardner and seconded by Council Member Orton to approve purchase of four police vehicles through the State contract with Butterfield Ford in the total amount of $88,712. Mayor McArthur called for a vote, and all voted aye. AWARD OF BID: Consider award of bid for two 3/4 ton pickup trucks for the Parks Department. Purchasing Agent Sue Swensen presented the bids received: Young Chevrolet $17,388.09 each Stephen Wade $21,386.33 each Butterfield Ford $17,372 each She recommended award of the bid through the State contract with Butterfield Ford in the amount of $34,744 for both trucks. A motion was made by Council Member Orton and seconded by Council Member Whatcott to approve purchase of the two trucks through the State contract with Butterfield Ford in the amount of $34,744. Mayor McArthur called for a vote, and all voted aye. The motion carried. RESOLUTION: Consider approval of a resolution authorizing the execution and delivery of the Utah Water Finance Agency Joint Action Agreement and related matters. City Manager Gary Esplin explained that this resolution was approved at the last meeting but needs to be re-adopted in order to appoint a City representative to the Agency. He recommended that Mayor McArthur be appointed as the City?s representative. A motion was made by Council Member Isom and seconded by Council Member Gardner to approve the resolution and appoint Mayor McArthur as the City?s representative. Mayor McArthur called for a roll call vote, as follows: Council Member Isom - aye Council Member Gardner - aye Council Member Orton - aye Council Member Whatcott - aye The vote was unanimous the motion carried. City Manager Gary Esplin explained that the Utah Water Finance Agency is a consortium of entities formed to help finance water projects in the State. Mayor McArthur invited several Scouts in the audience to introduce themselves. St. George City Council Minutes February 6, 2003 Page Three RESOLUTION: Consider approval of a resolution authorizing use of the FTA?s TEAM System. City Manager Gary Esplin recommended that City Treasurer Deanna Evans be authorized as the City?s representative in this program. Mr. Esplin was advised that the City Manager must be authorized to designate certain employees to execute and submit certain certifications, grant applications and grant awards under the System. A motion was made by Council Member Whatcott and seconded by Council Member Orton to approve the resolution authorizing the City Manager to appoint a representative. Mayor McArthur called for a roll call vote, as follows: Council Member Whatcott - aye Council Member Orton - aye Council Member Isom - aye Council Member Gardner - aye The vote was unanimous and the motion carried. RESOLUTION: Consider approval of a resolution abandoning an access easement on Rivers Edge Lane. City Manager Gary Esplin explained that the City originally obtained an easement in this area to provide access to common open space along the Santa Clara River. Since that time this common area has been sold to adjacent property owners. The easement is no longer needed by the City and staff recommends that it be abandoned to the adjacent property owners. A motion was made by Council Member Gardner and seconded by Council Member Isom to approve the resolution. Mayor McArthur called for a roll call vote, as follows: Council Member Gardner - aye Council Member Isom - aye Council Member Whatcott - aye Council Member Orton - aye The vote was unanimous and the motion carried. LOCAL CONSENT: Consider approval of a request for a restaurant liquor license. Ernesto?s Restaurant, applicant. City Manager Gary Esplin explained that the applicants have a current beer license and would now like to apply to the State for a restaurant liquor license. There is a church located in this same shopping center, but it has been the City?s practice in the past to approve upgrade of the license. A motion was made by Council Member Isom and seconded by Council Member Orton to approve the local consent. City Manager Gary Esplin explained that restaurant liquor licenses are more highly controlled than package agencies, etc., and the City has no quota or limitation as long as the applicant can qualify under the City?s ordinance. The State has a limitation on the number allowed in the state. Mayor McArthur called for a vote, and all voted aye. The motion carried. RESOLUTION: Consider approval of a resolution adopting conservation water rates. City Manager Gary Esplin explained that with the current water supply problems and those facing the City in the next year, a committee was established to look at ways to conserve water. A recommendation was made by the Committee and the Water and Energy Services Department to adopt a seasonal water conservation rate. Under this proposed rate schedule each resident will be allowed up to 35,000 gallon a month at the current rate. Anything over 35,000 gallons during the season will be assessed at a higher rate. St. George City Council Minutes February 6, 2003 Page Four Finance Director Phil Peterson explained that for clarification, staff proposes that conservation rates be looked at differently than the AOPC issue as to who qualifies for the residential rate. One alternative might be to group all PD units into one common designation and then each unit be allowed to use up to 35,000 gallons a month, the same as a single family residential unit. There is a concern that the City does not want to encourage more water use, and perhaps some sort of formula could be put together based on the past year?s usage. City Manager Gary Esplin commented that PD units usually do not use 35,000 gallons a month, and therefore more water use should not be a problem. He stated he thought there was a built-in incentive to not use more water than they are currently using. One question raised in the work meeting was whether the proposed conservation rates are high enough in the upper brackets, however, no additional recommendations have been made. Finance Director Phil Peterson explained that the water conservation rate season is proposed to be for those bills issued after April 1 through September 30, and will be based on a billing date, not on when the meter is read. He stated that while the upper tiers of the conservation rate schedule might be too low, members of the Water and Power Board and City Council have commented that they don?t want the City to become a rock garden, and there is benefit to having some lawns. The brackets are not set in concrete and can be changed. Mayor McArthur commented it was important to adopt a conservation rate schedule, and the City Council can always adjust the rate if it determines it is not doing what it was intended to do. Finance Director Phil Peterson commented that the City also has financial obligations, and if rates are raised too high, the City might lose revenue. Council Member Gardner commented that the City will find out in the summer whether it needs to make adjustments to the rate schedule, and it can do so at any time. While this is a modest effort, it is worthwhile to see if another step is needed rather than being too aggressive. A motion was made by Council Member Isom to approve the resolution. The motion was seconded by Council Member Whatcott, who commented that while he was in favor of conservation, the proposed increase was extremely modest. In the worst case a citizen will pay $4.00 more for 5,000 gallons of water, and this is not penalizing anyone. He stated that unless the City rations water, there will not be an adjustment in water use due to the conservation rate, as it will not noticeably affect the pocketbook. Mayor McArthur inquired of Finance Director Phil Peterson if the City had the capability to monitor the effect the conservation rate would have on water usage. Mr. Peterson replied that he would do so. City Manager Gary Esplin explained that mandatory restrictions will be necessary regardless of the cost of water if the City gets to the point that it knows the quantity of water it has will not meet the demand. Staff will be monitoring this on a daily basis. The City will also be staffing an Energy and Water Conservation position shortly, and this person will be able to give a report on a regular basis. He requested that the motion be clarified that there will be no qualifying criteria for the amount of water allocated to an individual residence or equivalent residential unit. Council Members Isom and Whatcott agreed to add this clarification to the motion. Mayor McArthur called for a roll call vote, as follows: Council Member Isom - aye Council Member Whatcott - aye Council Member Gardner - aye Council Member Orton - aye The vote was unanimous and the motion carried. RESOLUTION: Consider approval of a resolution adopting a water rate policy for PDs. St. George City Council Minutes February 6, 2003 Page Five Finance Director Phil Peterson explained that staff proposes that anyone who lives in a PD residential unit be given the opportunity to qualify to have the same residential water rate as anyone with a normal 3/4" meter. There are a few steps which must take place prior to this, recognizing that when a PD residential unit was built the impact fees were less than what would have been paid for a 3/4" meter service rate. It must first be demonstrated that the impact fee differential has been made up by the increased rate they have been paying by virtue of reaching higher limits of water consumption and therefore paying higher rates than if they had a 3/4" meter. Once this is established, each of the qualifying PDs would be billed according to the criteria contained in the policy, which he then read. City Manager Gary Esplin commented that the AOPC has raised the question of the inequity of the billing system and the money that the PDs are saving the City through meter reading, etc. Staff?s position is that the City must still have a meter reader read every unit as there is still an electrical meter, and the City would not realize any savings from less staff to read the water meter vs. the electric meter. There would not be any additional savings in billing, as a bill is sent to each individual electric meter. There is one area, however, in which the City and AOPC agree, and that is the City receives a benefit with regard to collection as the association pays the total bill and the City does not have to deal with individual units and the problem of those units not paying their bill. It can be argued how much benefit this is and if it changes the length of time it would take for a project to pay back its impact fee, and that might change how soon they receive the new water rate. Finance Director Phil Peterson commented that while it might take additional time to read a water meter, he could not see where any personnel needs could be reduced nor bill preparation costs reduced. Council Member Whatcott commented the City faces the same situation when it deals with commercial projects with multiple tenants, and none of those are expecting a rebate, and he did not see it as an issue. AOPC President Jerry Campbell distributed a hand-out, which he then read. This is attached hereto as Exhibit ?A.? City Manager Gary Esplin commented that when the City and AOPC discussed this issue in a work meeting, Mr. Nicola recommended it be the responsibility of individual PDs to determine whether or not they met the requirements, and the City will be happy to provide whatever information it has to help in doing so. Mr. Campbell commented the City would have to have a program to certify the numbers. Finance Director Phil Peterson commented that the City is willing to help with the history, but as far as the calculations, he would rather check them as opposed to doing them himself due to a time value. Mayor McArthur inquired what percent of payment the City does not receive in its utility billing. Mr. Peterson replied that in fiscal year 2002, it was 4/10 of one percent. Council Member Allen arrived. Mr. Peterson commented that the $3.00 figure suggested by the AOPC was considerably more than 4/10 of one percent, and is more along the line of 25%. Council Member Whatcott advised that according to his calculations the cost to read a meter is between 23? and 35? per unit. He stated that the $3.00 figure would shorten the amount of time in which a PD qualified, thereby shorting the impact fee the City would receive. Council Member Whatcott commented that Mr. Nicola suggested the City choose 15% as the difference in rates paid and go from there. Gil Nicola commented that a meter reader could not read 141 water meters in the same amount of time it takes to read nine. A PD indemnifies the City against any loss on water, and it should be given credit for it. No matter what, the City will always receive this benefit from PDs. It is simple to qualify the PDs if you take 15% of what they spent in the year, as they probably overpaid by that much, and then it would not have to be taken into consideration how many homes there were. Additionally, PDs have St. George City Council Minutes February 6, 2003 Page Six paid an exorbitant amount on a percentage basis in meter fees. He suggested a flat 15% be used to qualify PDs. Gary Beddingfield inquired if there was a reason why the City has not been able to provide loaded figures or actual costs for reading meters. Finance Director Phil Peterson replied it would be easy for him to calculate this cost. Mr. Beddingfield explained the loaded figure should include the use of vehicles and employee benefits, as well as salary. Council Member Whatcott commented that it appeared if 15% was multiplied by the number of gallons used the past four to five years, this would simplify the calculation. He stated he was not comfortable with an additional $3.00 credit per unit, and the 15% solves both issues making it simpler for the City and PDs. He then made a motion to approve the policy. City Manager Gary Esplin clarified that the City would be taking the number of gallons used to obtain a dollar amount, and then add a credit of 15%. The motion was seconded by Council Member Gardner. City Manager Gary Esplin clarified that it is the City?s intent to amend its ordinance to require individual water meters for all PD units, and a public hearing on this issue will be held at a later date. Mayor McArthur called for a roll call vote, as follows: Council Member Whatcott - aye Council Member Gardner - aye Council Member Orton - aye Council Member Isom - aye Council Member Allen - aye The vote was unanimous and the motion carried. Mayor McArthur invited Scouts from Troop 1751 to introduce themselves. Council Member Isom left the stand. PUBLIC HEARING/AMEND SUBDIVISION ORDINANCE: Public hearing to consider amendments to the Subdivision Ordinance. City Manager Gary Esplin recommended that a public hearing be opened and continued until the next meeting as the Subdivision Ordinance amendments are going back to the Planning Commission for their review and recommendation. Council Member Isom returned to the stand. Mayor McArthur opened the public hearing. Community Development Director Bob Nicholson explained that a draft ordinance has been distributed for review, and another meeting is scheduled with the Homebuilders tomorrow. It is felt that most issues can be resolved. The Planning Commission will consider the ordinance at its next meeting and it can be scheduled on the February 20 City Council agenda. The draft ordinance will be available at the Community Development and Engineering offices. There being no public comment, Mayor McArthur closed the public hearing. A motion was made by Council Member Allen and seconded by Council Member Isom to continue the public hearing until February 20. Mayor McArthur called for a vote, and all voted aye. SET PUBLIC HEARING: Associate Planner Mark Bradley explained that the Planning Commission, at its meeting held January 28, 2003, recommended a public hearing be scheduled for March 6, 2003 at 5:00 p.m. to consider a zone change from OS to R-1-10 on .40 acre located north of Bloomington Country Club Phase 7 between Los Padres Drive and Kolob Drive. Frank Lindhardt is the applicant. St. George City Council Minutes February 6, 2003 Page Seven A motion was made by Council Member Isom and seconded by Council Member Orton to schedule the public hearing as recommended by the Planning Commission. Mayor McArthur called for a vote, and all voted aye. FINAL PLATS: Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held January 29, 2003 recommended approval of the final plats for Red Butte Estates Phase I, Stonegate at Seven Hills Phase 2, Riverside Heights Plat F, Ironwood Phase 6, Castle Rock Phase 1, 3D Development with 18 commercial lots at 2680 South 120 East, and a road dedication plat for 1540 East Circle. A motion was made by Council Member Orton and seconded by Council Member Isom to approve the final plats and authorize the Mayor to sign them. Mayor McArthur called for a vote, and all voted aye. PRELIMINARY PLAT: Associate Planner Mark Bradley advised that the Planning Commission recommended approval of the preliminary plat for Sundown Estates with eight single family lots in an RE-20 zone located at 750 North 1275 West subject to the easements as shown on the plat, no fence along the creek, and a request that City Engineering address the purpose of the fence as recommended at Planning Commission. Brad Griffiths is the applicant. This item was continued at the last City Council meeting in order to work out details with the applicant. Those details have been worked out, as follows: The creek channelization will be engineered with a ten foot maintenance access below the bank, and a safety guard fence will be placed at the top of the bank which will allow a ten foot setback for the dwelling between the dwelling and the fence. City Manager Gary Esplin inquired if the actual boundary of the lot went into the creek. Mr. Bradley replied that it did. City Manager Gary Esplin suggested the area in the creek be identified in an easement and uses be restricted. This will allow the applicant to use the area for the lot, but prohibit use of the easement area from any other use except for transmission of flood waters. A motion was made by Council Member Gardner and seconded by Council Member Whatcott to approve the preliminary plat subject to an easement restricting use of the creek area to transmission of flood waters, and subject to the details which were worked out with the applicant and Engineering Department. Mayor McArthur called for a vote, and all voted aye. The motion carried. PRELIMINARY PLAT: Associate Planner Mark Bradley explained that the Planning Commission, at its meeting held January 28, 2003, recommended approval of the preliminary plat for Meadow Valley Estates in an RE-12.5 zone at 2800 South and Little Valley Road. Staff recommends a north-south street to connect the longer east-west streets for access and connectivity. The applicant is willing to provide a pedestrian access easement, but staff feels the north-south street is critical for the welfare of the general public. Kevin Ence/Ed Burgess are the applicants. An unidentified man commented that because the narrow pedestrian corridor may be a little daunting at night, the applicants will install lights at each end and one in the middle of the corridor. The main reason the applicants do not want the north-south road is because the project is surrounded on three sides by collector roads and they do not want traffic funneled through the subdivision rather than out to the collector roads. Council Member Allen expressed concern that while the pedestrian corridor may help the pedestrians, it does nothing to help move traffic through the neighborhood. Mayor McArthur commented that offsetting the road would help. City Manager Gary Esplin commented that a north-south road would provide connectivity for the subdivision, and if it were offset, it would solve both problems. Mayor McArthur commented he felt an injustice would be done to the subdivision if there were no connectivity. An unidentified man commented that another motivation not to put in the north-south road was that it would cost two lots. St. George City Council Minutes February 6, 2003 Page Eight A motion was made by Council Member Gardner and seconded by Council Member Allen to approve the preliminary plat with the requirement that a north-south road be provided through the subdivision, allowing it to be offset if desired by the applicants. Mayor McArthur called for a vote, and all voted aye. The motion carried. PRELIMINARY PLAT AND HILLSIDE DEVELOPMENT PERMIT: Associate Planner Mark Bradley explained that the Planning Commission, at its meeting held January 28, 2003 recommended approval of the preliminary plat and hillside development permit for Primrose Pointe located on the east side of the East Black Ridge along the Middleton Wash west of Mall Drive subject to: (1) a drainage note on the final plat; (2) completion of the traffic impact study; (3) no fence or wall be built above the no build line, which is the easement line; (4) work with the Parks Department on the trail alignment; (5) a no build - no disturbance line put on the final plat; (3) rock fall hazard noted on the final plat; (6) cut and disturb only one phase at a time; and (7) use orange grid material along the wash during grading and construction. Staff also recommends that the developers continue to work with Kent Perkins and his staff on the alignment of the trail. Vince Clayton is the agent. The Hillside Review Board recommended approval subject to five items: (1) work with the Parks Department on the trail alignment; (2) a no build-no disturbance line put on the final plat; (3) reconfigure Lots 1-4 and Lots 111-115 to accommodate trails and preserve natural rock; (4) a field trip with the Planning Commission and City Council prior to preliminary plat and hillside development permit approval; (5) a rock fall hazard noted on the final plat; and (6) staff work out details of the plat name with the applicants. Items 3, 4 and 6 have been addressed. A motion was made by Council Member Orton and seconded by Council Member Gardner to approve the preliminary plat and hillside development permit as recommended by the Planning Commission and Hillside Review Board. Vince Clayton, applicant, advised that some of the lots were reduced to help protect the rock out-croppings, and the trail alignment is the same as last time, and has been agreed upon. Leisure Services Director Kent Perkins advised that the engineers and developers have met and at this point the developers do not own the property for the trail. The City has been negotiating back and forth with Rocky Mountain, the property owner, to acquire the trail. In two or three places the trail and road bump into each other, and possibly a swap of land could be made to make adjustments in the trail alignment. Mayor McArthur called for a vote, and all voted aye. The motion carried. PRELIMINARY PLAT: Associate Planner Mark Bradley explained that the Planning Commission, at its meeting held January 28, 2003, recommended approval of the preliminary plat for The Estates at Bloomington located north of Bloomington County Club No. 7 between Los Padres Drive and Kolob Drive, subject to the same conditions recommended by the Hillside Review Board, as follows: (1) Shift the lot lines from Lot 7 east 10 feet over adjusting Lots 7 through 14; and (2) build a natural rock retaining wall adjacent to the neighbors to the south, recognizing there will be walk-out basements for the lots south of the road. Frank Lindhardt is the applicant. Frank Lindhardt, applicant, explained that the recommendations of the Hillside Review Board work fine for him, and encroachments onto his property consist of landscaping only. A motion was made by Council Member Gardner and seconded by Council Member Isom to approve the preliminary plat and hillside development permit subject to the recommendations of the Planning Commission and Hillside Review Board. Mayor McArthur called for a vote, and all voted aye. The motion carried. PRELIMINARY PLAT: Associate Planner Mark Bradley explained that the Planning Commission, at its meeting held January 28, 2003, recommended denial on a 6-0 vote of the request by Stone Pointe Townhomes Phases 3, 4 and 5 to make a cut into the adjacent City property to allow for engineering of the proposed retaining wall. This is a change to the original development plans and permit. The Hillside Review Board met on site January 16, 2003 and recommended approval subject to: (1) the drainage to follow City guidelines and be approved by the City Engineer; (2) use rocks from existing disturbed areas and other sources as needed for the retaining wall and replace rocks on the proposed new disturbance area with the natural black rock that now exists there; and (3) reseed new disturbed areas with wild grass. The Planning Commission recommended denial for the St. George City Council Minutes February 6, 2003 Page Nine following reasons: (1) encroachment on to adjacent City property; (2) City liability for the wall, including the time frame of constructing it; (3) the wall height and slope in reference to inappropriate terracing; and (4) the garage setback reduction request. Mans Jennings is the applicant. The project already contains the minimum width for roadways. Mans Jennings, applicant, stated that the request was simply to obtain a construction easement to build a wall which was already approved. When the engineer put together the final plat for the wall, it was discovered it was impossible to make a straight up and down cut to build the wall. He designed the slope to be the least offensive, and then asked for a construction easement to build the wall. He brought the plan in and showed the line where the maximum amount of excavation would take place and encroachment on to City property. The area would be backfilled and compacted back to the standard. There was a misunderstanding, and the City said the request had to be taken back to the Hillside Review Board. The Hillside Review Board approved the request. Council Member Allen inquired about the distance needed to cut further into the hillside. Mr. Jennings replied that 20-30' would be the maximum, but he did not think it would have to go over 15'. Council Member Allen inquired why this plan did not follow the original, approved plan. Council Member Gardner replied that the plat had not changed. The plat went to the Hillside Review Board one year ago, and then the Planning Commission, and the City Council approved the preliminary and final plats in September. In order for the contractor to get to the top of the wall he has to access City property. He went to the City to make sure he could access the top of the wall from City property, and this led to the problem. This is a simple request for an encroachment permit. Nothing has changed. The only thing to be clarified is as the wall is constructed, if it impacts the City or hillside and does it cause any change to any of the approvals. The request appears to have gotten mixed up in the discussion at the Planning Commission meeting where the issues centered around rehashing the preliminary and final plats, which have already been approved. Council Member Orton inquired if the City understood there would be that much encroachment onto City property when it approved the preliminary plat. Council Member Gardner replied that most of the areas shown by the engineer have already been disturbed, and are just for access to the property to take care of the scar which is already there. The wall will be built on private property. An unidentified man explained that when the area was staked, the area of City property was already scarred, which they will cover up. They are simply asking to be able to fix the area. They are not going to get on top of the hill, and if they have to they will come back with a geo grid on their property and not on City property. Mayor McArthur inquired if any new property was going to be disturbed. An unidentified man replied that there are places on City property along the property line which will have to be disturbed, but when they do so the disturbances will be very small. In some places the rock outcropping is to the property line, and they will need to dig down in order to put the wall in, and then fill in back of the wall and this will restore a lot of the disturbed places. Council Member Orton inquired if other developer have been allowed to encroach onto City property. Council Member Gardner replied that the encroachment will fix a problem. Council Member Whatcott inquired if the City would allow anyone else to go onto City property to further cut a hillside, and commented there will be additional cuts into the hillside which will be able to be seen. Mr. Jennings commented that his request is being misunderstood. Council Member Whatcott replied that Mr. Jennings is requesting additional cuts. He suggested a field trip to the site. St. George City Council Minutes February 6, 2003 Page Ten Mr. Jennings explained that the request was reviewed by the Hillside Review Board twice, and they approved it twice. The Planning Commission focused on the preliminary plat and on issues already approved instead of the request for an encroachment permit. Mayor McArthur suggested that a field trip to the site be scheduled in order to see what the encroachment will be. Council Member Gardner commented he felt the City Council was missing the point. An unidentified man commented that 2/3 of the area is already disturbed. Council Member Gardner commented that the new disturbance is very minor. Council Member Orton inquired about staff?s opinion. Associate Planner Mark Bradley replied that the area in question identified for a grading permit is different than the original hillside plans which were previously approved. They now show a cut is needed on City property. Any significant change is required to go back through the Hillside Review Board. The IBC requires that when there is a cut, it has to be offset from the property so it does not encroach onto an adjacent property, and it must stay on the developer?s property. This is why this request had to go through the complete process again - to amend the hillside development permit. He recommended that the City Council take a field trip to the site. He explained that this project was discussed with the applicant?s engineers to see if there was any way to stay off City property. The soil is not stable enough and that is why a geo grid is needed. If the soil were solid, there would not be a need for the encroachment. An unidentified man explained that the geo grid will stay on the applicant?s property, and all they are asking for is to make sure they have enough room to do their work safely. A motion was made by Council Member Isom and seconded by Council Member Gardner to approve the request. Council Member Orton commented that for clarification he would like to look at the site for an understanding of what he was to vote on. He inquired of the applicant if it would create a problem to delay the decision another two weeks. Mans Jennings replied that the project had already been delayed one year, and this has cost him a lot of money. Council Member Allen commented that other issues needed to be clarified too, such as sidewalks and driveways An unidentified man commented that the preliminary plat did not show sidewalks as the project was tight for space, but after the City asked for sidewalk on one side, it were added. All other conditions asked for by the City were met. The only problem now is the wall and the need to go onto City property. Associate Planner Mark Bradley explained that the preliminary plat remains the same, although there have been increases in the size of pads, but sidewalk setbacks are still being met. The sidewalk requirement is now a standard development requirement. He explained that the zone change for the project took place in May, 2002, and the preliminary plat and hillside development permit were approved at the same meeting. Council Member Whatcott commented he would feel more comfortable seeing the site. Council Member Allen commented she too would like to see the site. Mans Jennings asked if the request could be approved with a contingency. Council Member Whatcott replied that this could not be done. Council Member Gardner withdrew his motion, and Council Member Isom withdrew her second to the motion. Council Member Gardner commented he was troubled by the fact that this was simply a request for an encroachment permit, and these are typically approved by staff, not the City Council. He inquired if a full two weeks was needed to make a decision. St. George City Council Minutes February 6, 2003 Page Eleven Council Member Allen replied that the request was unanimously denied by the Planning Commission, and it would be wise to have a site visit. City Attorney Shawn Guzman commented that any encroachment onto City property is a City Council decision. Council Member Allen reminded that the Planning Commission recommended denial for several reasons, which she then read. City Attorney Shawn Guzman commented he was not clear on City liability for the wall. A motion was made by Council Member Orton to table the item for two weeks and take a field trip to the site on Thursday the 13th of February. Council Member Gardner inquired if the meeting could be advertised as a special meeting so a decision could be made on the 13th. Council Member Orton amended his motion to table the item until the 13th at which time a decision would be made. Mayor McArthur advised that the City Council would meet on site at 4:00 p.m. on February 13th for a special meeting. Council Member Whatcott suggested that the area be staked. He then seconded the motion. Mayor McArthur called for a vote, and all voted aye. The motion carried. Council Member Isom was excused from the meeting. Mayor McArthur called for a short break. BEER LICENSE: Consider approval of a request for a beer license for the Sun River Golf Club. City Attorney Shawn Guzman explained that this beer license request involves a change of operators. A motion was made by Council Member Orton and seconded by Council Member Allen to approve the request. Mayor McArthur called for a vote, and all voted aye. Council Member Whatcott was absent from the stand. DESIGN AND CONSTRUCTION MANAGEMENT CONTRACT: Consider approval of a design and construction management contract with Alpha Engineering for the 400 East drain line extension. Public Works Director Larry Bulloch explained that the City has developed a storm drain system to carry run-off from St. George Blvd. The project will begin downstream at the end of the freeway and by developing a series of projects will work its way up the street and connect into a future storm drainage system built as part of the St. George Blvd. reconstruction project. This year there is $200,000 budgeted. Staff is asking for approval for an engineering design contract to get a feel for what is going to be needed upstream, but the project now will be confined to $200,000 anticipating that as new funding becomes available it will pick up the design and segments of the work upstream can be done. $200,000 will not even take the project to 700 South. Council Member Orton commented that he was concerned about doing the design without doing the entire concept, and he inquired if the City would be throwing good money away by piece-mealing the project. Mr. Bulloch replied that staff feels comfortable spending a good portion of this year?s funding on the design, and once this is done then the City can begin working on it in a more comprehensive way. Mr. Bulloch explained there is an unsafe condition when it rains as traffic tries to cross Flood Street on 700 South. This project will take the storm drainage system from the freeway to 700 South. A motion was made by Council Member Allen and seconded by Council Member Orton to approve the contract as requested. Mayor McArthur called for a vote, and all voted aye. The motion carried. FEE WAIVER FOR USE OF PARK: Consider a request for a fee waiver for use of a park. St. George City Council Minutes February 6, 2003 Page Twelve City Attorney Shawn Guzman explained the AA organization is requesting waiver of the $20 park rental fee. The City has waived the fee in the past for other non-profit organizations, and the law allows the City to do so. A motion was made by Council Member Orton and seconded by Council Member Whatcott to approve the fee waiver. Mayor McArthur called for a vote, and all voted aye. The motion carried. ACCEPT BOND: Consider acceptance of the Charter Communication bond. City Attorney Shawn Guzman explained that a $25,000 bond is required under the franchise agreement with Charter Communications. It appears that in the change-over from Falcon Communications to Charter Communications the bond was allowed to lapse. The City now has the bond, and Charter Communications is asking that the City accept it. He advised that the bond looked fine. Mayor McArthur inquired if $25,000 was an adequate amount, and if the amount was updated regularly. Mr. Guzman replied that he thought the amount was low, but a $25,000 bond is required under the agreement. He advised that it would be worthwhile to look at the amount when the franchise agreement is renewed. A motion was made by Council Member Orton and seconded by Council Member Whatcott to accept the bond. Mayor McArthur called for a vote, and all voted aye. The motion carried. APPROPRIATE AND APPROVE PUBLIC INTEREST USE OF PROPERTY: Consider approval to appropriate unclaimed property and to designate and approve public interest use of the property. City Attorney Shawn Guzman explained that state statute requires a city to advertise unclaimed property, and if it remains unclaimed, the city can either sell or appropriate it for city use. In this case Sunbrook would like to use a trailer which was abandoned. Advertisement has been done according to the statute. Council Member Orton inquired what would happen if the owner identified the trailer after the City appropriated it. City Attorney Shawn Guzman replied that there may be a small window of opportunity to redeem it, but legally it would belong to the City. A motion was made by Council Member Whatcott and seconded by Council Member Allen to approve appropriation of the unclaimed trailer and approve a public interest use of the trailer. Mayor McArthur called for a vote, and all voted aye. The motion carried. AGREEMENT FOR ENVIRONMENTAL ASSESSMENT: Consider approval of an agreement with SWCA for an environmental assessment for the reuse pipeline. Water Services Director Barry Barnum explained that SWCA is an environmental consulting firm from Las Vegas who has contracted with the Bureau of Indian Affairs to do an environmental assessment for the reuse pipeline. Two reservoirs have been added to the project which will double the amount of water available in the summer months. The reservoirs were not part of the original project and are beyond the scope of the BIA sponsored EA. The City, by introducing this additional scope of the project, needs to establish a contract with SWCA to do an environmental assessment on the two reservoir sites. A motion was made by Council Member Whatcott and seconded by Council Member Gardner to approve the agreement. Mayor McArthur called for a vote, and all voted aye. The motion carried. AUTHORIZING UAMPS REPRESENTATIVE TO VOTE: Consider authorizing the City?s UAMPS representative to vote on a UAMPS resolution to purchase property from the City of Payson for the Payson Gas Turbine Plant Project. St. George City Council Minutes February 6, 2003 Page Thirteen Mayor McArthur commented that apparently the City was locked into the Payson project. Power Services Director Philip Solomon explained that the City made a request to UAMPS inquiring about its options to withdraw from this project. The City?s only option is to find someone to buy its entitlement share. The proposed resolution is to purchase property from Payson City for the project in the amount of $420,000. Authorization is requested to vote on the resolution in favor of the agreement to purchase the property. He explained that this item is closely related to the following item. AUTHORIZING UAMPS REPRSENTATIVE TO VOTE: Consider authorizing the City?s UAMPS representative to vote on a UAMPS resolution for bonding for the Payson Gas Turbine Plant Project. Energy Services Director Philip Solomon explained that with regard to the resolution, a conference call was held today and St. George will be included in the Pricing Committee and have a weighted vote and carry its percentage. 2003 bonds will be issued in a principal amount sufficient to provide costs of construction for the project ($98 million, but not to exceed $115 million). It is felt that $115 million will generate enough receivable money after payment to the bankers to fund the $98 million project. The $115 million does not include purchase of the property. Staff and the bankers will continue to work on the numbers to get them down to where bonding for $115 million is not needed, and if everything works well, the actual bond amount will be $103 million. A motion to authorize the City?s representative to vote on the UAMPS resolution to purchase property from the City of Payson for the Payson Gas Turbine Plant Project was made by Council Member Orton and seconded by Council Member Gardner. Mayor McArthur called for a vote, and all voted aye. The motion carried. A motion to authorize the City?s UAMPS representative to vote on a UAMPS resolution for bonding for the Payson Gas Turbine Plant Project was made by Council Member Gardner and seconded by Council Member Orton. Mayor McArthur called for a vote, and all voted aye. The motion carried. City Attorney Shawn Guzman advised that the City?s weighted vote of 14% is significant. LEGAL SERVICES CONTRACT: Consider approval of a legal services contract with Foley and Lardner to provide legal counsel to the EIS process for the Replacement Airport. Airport Manager David Ulane advised that the City has been encouraged to secure independent specialized counsel with a background in environmental aviation. Staff recommends approval. The fee for this services is reimbursable under the FAA grant. The City is only responsible for 9% of the amount which comes from the passenger facility charge. A motion was made by Council Member Allen and seconded by Council Member Gardner to approve the contract. Mayor McArthur called for a vote, and all voted aye. The motion carried. Mayor McArthur inquired about public comments received with regard to the EIS. Mr. Ulane replied that 90% of the comments received were about noise over Zion National Park, although some comments wanted noise considered over any national park within 250 miles. The scoping language agreed upon is a compromise, and focuses primarily on Zion National Park and other national parks as may be determined during the process. Advertising for consultants...

...pter 16 of the Zoning Ordinance to enlarge the size of homes allowed in RV parks from 750 sq. ft. to 825 sq. ft. Mark Bradley told Council Members that this amendment to the Zoning Ordinance would enlarge the size of home allowed in a RV park from 750 sq. ft to 825 sq. ft. He said that residents of the Rio Virgin RV Park are asking for this amendment. There are some homes in that Park now that exceed the 750 sq. ft. limit. The Planning Commission recommends approval of this ordinance with a limit at 825 sq. ft. with units larger that 825 sq. ft. to be grandfathered. Hearing no questions from the Council Members, Mayor Pro Tem Isom opened the public hearing. Red Fryer, a home owner in Rio Virgin RV Park, #100, said he has owned property there since 1977 and built his home in 1988. He is also speaking for Dennis Weise, #254, who lives in a fifth wheel trailer, but would like to build a 913 sq. ft. home there. He said that he was told by Zoning that his house is in non conformance and cannot be sold. Mayor Pro Tem Isom asked if he realized that in the amendment of the Zoning Ordinance his property would be grandfathered in as a conforming use. Mr. Fryer acquiesced the point, but said that his friend Dennis plans to build a larger home. Council Member Allen asked how the residents were told about the size of dwelling that could be erected in the Park. Mr. Fryer said they are told they can have a 750 sq. ft. residence, with as many cantilevered rooms as they wished. He bought property thinking he could build as large as the others as they have received building permits and COs . He intimated that residents would consider lawsuits if they were not allowed to build the size of house they chose. Jonathan Wright explained that in 1995, after many discussions, it was decided that 750 sq. ft. of living space meant just that and could not include cantilevered rooms. He emphasized that a Building Inspector cannot alter the law. This is a case of a law being interpreted the wrong way. He told Mr. Fryer that the law would prevail in a lawsuit. Mr. Fryer became very indignant and accused Mr. Wright of trying to intimidate him. He then left the podium. Mr. Wright told Council Members that the neighbors could go to the Board of Adjustment and could probably get a variance. But the argument that a citizen can choose what version of an ordinance to live under is ridiculous. He also said that many RV Parks wanted limitations on house building in order to protect mobile home parks from being dismantled when houses outnumber RVs. St. George City Council Minutes August 2, 2001 Page Six Council Member Orton was amazed that home owners are allowed to build homes in an RV Park and he was also concerned that allowing homes to be built on RV Park size lots was unfair to subdivision builders who are held to a higher standard. Council Member Whatcott asked for clarification. If a house did not meet building code and was not given a conforming use by the Board of Adjustments or grandfather in, conceivably the owner could be asked to tear down the house. He was told that could happen. David James Elder, Rio Virgin RV Park, #192, said this action had come about because of him. He had requested that the living area be raised to 915 sq. ft. because that is the maximum size an RV can be when it is fully cantilevered. He said his action has snowballed and created tension among neighbors, but he still feels the City is responsible for the situation because they allowed oversized buildings and cantilevering to go on for many years. He said he can live with 825 sq. ft, but would prefer that the change be to 919 sq. ft. Joseph Iransky said that two years ago he purchased two adjoining lots with the thought that he would build one large home on them. He felt there should be minimum home sizes, not maximum. Doug Cambell , President of Rio Virgin Board of Directors, said he agreed with the 825 sq. ft. maximum. He said that size home will still allow for good setbacks and make the property look better. He felt this would be the best for the park and the majority of property owners. Red Fryer declared that the Home Owners Association has no authority. Mayor Pro Tem Isom asked if anyone else had come to speak to this matter. Hearing no reply, she declared the Public Hearing closed and asked if Council Members had any questions. Council Member Orton asked Mark Bradley how we have allowed oversized RVs to be placed on lots specifically designed for living space of 750 sq. ft. Mr. Bradley said it had been a misinterpretation of the ordinance by not counting the cantilevered areas as living space. Council Member Orton asked how it came about that the City had allowed homes to be built on RV lots when there are lots of subdivisions in which to erect a home and they could have the size they wanted. Mr. Bradley said the ordinance allows for stick-built homes in RV areas. Council Member Orton said he had been approached many times and asked to provide spaces for RVs. He felt the City has an obligation to provide for these needs. He reiterated what he said earlier about the fact that this is unfair competition for developers who are required to build on larger size lots. He told those present that he feels this item needs more dialogue. Do we want to continue to this way and if so, how should we proceed. Council Member Whatcott agreed with Council Member Orton that the matter required more research. He also did not feel that the Zoning Ordinance should be changed to fix a problem at Rio Virgin. Council Member Whatcott made a motion to deny approval of a request to amend the Zoning Ordinance (Chaper 16, Mobile Home Zone) to enlarge the size of homes allowed in RV parks from 750 sq. ft. to 825 sq. ft. and recommend that the inspectors be given more training in enforcing the Zoning Ordinance. St. George City Council Minutes August 2, 2001 Page Seven After further discussion Council Member Whatcott withdrew his motion and made a motion to table the issue until staff could present more research to Council and further discussion could be undertaken. Mayor Pro Tem Isom called for a roll call vote which passed unanimously as follows: Council Member Whatcott Aye Council Member Orton Aye Council Member Allen Aye Council Member Gardner Aye Mayor Pro Tem Isom said she would aks Gary Esplin to get this issue on a future work meeting agenda. Ordinance Amending the Road Dedication Plat for Stonebridge Drive and Country Lane Mark Bradley indicated that this amendment would correct a minor error on the road dedication plat for Stonebridge Drive and Country Lane. The intersection is in the correct place, but this will correct a surveying error. Council Members asked if the change meets the intent of the original plat. Mr. Bradley said it does. Mayor Pro Tem Isom opened the Public Hearing and asked if anyone had come to speak to the issue at hand. Hearing none she closed the Public Hearing and asked for a motion. Council Member Allen made a motion tp approve an amendment to the road dedication plat for Stonebridge Drive and Country Lane to correct a surveying error, initiated by the City of St. George. Council Member Gardner seconded the motion and it passed unanimously as follows by roll call vote: Council Member Gardner Aye Council Member Allen Aye Council Member Orton Aye Council Member Whatcott Aye STAFF REPORTS Southern Utah Shooting Park Advisory Committee Paul Glendell, a member of a county-appointed committee to form a shooting park, addressed the Council. He said his committee would like to build a countywide shooting facility that would encompass all kinds of shooting as well as being a training facility for law enforcement. He announced that a 526 acre site has been leased from the BLM with the ultimate goal of purchasing the property. He said the shooting range would include areas for shotguns (trap and skeet), paintball, archery, and they hope to build a building to house a hunter education classroom and have a park for family activities. The committee feels they can get a $250,000 grant from the US Fish and Wildlife tax on firearms and ammunition. He told Council Members he had come tonight to ask the Council to appoint a liaison from the City to work with their committee. Mayor Pro Tem Isom took the information from Mr. Glendhall and told him she would get with Mayor McArthur to make this appointment. She felt he should be the one to do it. Council Members asked where the property is located. Mr. Glendhall said it is South of the fairgrounds between there and the County landfill. It is roughly 1 sq. mile in size. He said St. George City Council Minutes August 2, 2001 Page Eight the committee has fenced the area and has begun to address drainage problems. He told Council Members that the lease with the BLM is for 10 years and after that time if the property is being used constructively and being kept up, they will sell it to the entity at approximately $1 per acre, but it must be left in perpetuity as a shooting facility. Construction must be approved by Fish and Wildlife. Mr. Glenhill was asked if there will be a charge to use the facility. He said they do not know at this time, but they hope not. Council Member Gardner asked if this facility would complement the existing law enforcement shooting range. Mr. Glenhill felt that the county shooting facility would one day replace the present facility as the population was moving closer to the old facility. He said he had talked to the Regional Police Chiefs and the Sheriff and he felt all were enthusiastic about this facility. Battle of the Bands Jonathan Wright told Council Members that the Battle of the Bands has requested approval to hold a special event at the Sunbowl on October 13, 2001 and have the fee waived in lieu of a percentage of the profits. He said the City does not like to do business this way, because if the event is not successful the City is left with the bill for clean up and repairs. Lynne Scott, Parks Superintendent, said that the Battle of the Bands was approved for a ...

...d along the Virgin River located east and south of Jarvis Point for a City parks project. This park will become a major component of the Virgin River Parkway and Confluence Park system. The first phase of development of this park will include installation of a trail. The parties also request that the park be named the Kiwanis/Anthony Foremaster Family Park. Mayor McArthur thanked Garry Pearce and the Foremaster family, in conjunction with the Kiwanis Club, for their generous donation and show of love for the community. Councilmember Gardner commended the Foremaster family for their donation and extended an invitation to other families in the community to consider like donations. He noticed as he reviewed the agreement that the City will assume responsibility for the park, as well as financial responsibility for its construction. It was the City Council’s understanding that the Kiwanis Club was going to provide labor, donations in kind, and other fundraising efforts in order to qualify to have their name included in the title of the park. He inquired of the Foremaster family representatives as to their preference concerning the name of the park. An unidentified representative of the Foremaster family replied that the name of the park had already been decided upon between the parties, and the Kiwanis name should come first as the park was originally their idea and they have pursued the idea with the City. A motion was made by Councilmember Gardner to accept donation of 23.44 acres of property from the Foremaster family, while recognizing the efforts of the Kiwanis Club. The motion was seconded by Councilmember Allen. Mayor McArthur called for a vote as follows: Councilmember Whatcott - aye Councilmember Orton - aye Councilmember Allen - aye Councilmember Gardner - aye The vote was unanimous and the motion carried. Leisure Services Director Kent Perkins acknowledged the work of Kent Garrett and Ron Read in assisting with the donation process. Mayor McArthur invited several Scouts in the audience to introduce themselves. St. George City Council Minutes September 21, 2000 Page Two CONSENT CALENDAR: Consider approval of the financial statement for August, 2000. A motion was made by Councilmember Whatcott to approve the financial statement as presented. The motion was seconded by Councilmember Gardner. Mayor McArthur called for a vote as follows: Councilmember Gardner - aye Councilmember Allen - aye Councilmember Orton - aye Councilmember Whatcott - aye The vote was unanimous and the motion carried. PRESENTATION OF AWARD TO CITY TREASURER: Elaine Openshaw, President of the Utah Municipal Treasurer’s Association, presented City Treasurer Deanna Evans with an award. The City of St. George is the first city in the State of Utah to have its investment policy certified, thanks to Ms. Evans. This is quite an accomplishment, as the program has been in place since 1990. Ms. Openshaw also presented Ms. Evans with another award for attaining the professional credential of Certified Municipal Financial Administrator. Mayor McArthur expressed appreciation to Ms. Evans for the outstanding job she does for the City. Councilmember Whatcott commented that Finance Director Phil Peterson and City Treasurer Deanna Evans are both certified public accountants who are well qualified for their positions, and the City is fortunate to have such top quality employees. AWARD OF BID: Consider award of bid for the purchase of an industrial wheel loader backhoe for the Streets Dept. Before proceeding with this item, Mayor McArthur advised he is frequently asked if the City ever contracts out construction projects. He advised he received from the Purchasing Agent a lengthy list of recent projects which have been contracted out to private contractors and subcontractors, thereby creating wealth for other businesses in the community. Purchasing Agent Sue Swensen presented three bids received for an industrial wheel loader backhoe for the Streets Department: Crossroads Equipment No Bid Wheeler Machinery $64,072 Scott Machinery $63,972 She recommended award of the bid to the low bidder, Scott Machinery, in the amount of $63,972. A motion was made by Councilmember Orton to award the bid to Scott Machinery in the amount of $63,972 for purchase of an industrial wheel loader backhoe for the Streets Department. The motion was seconded by Councilmember Gardner. Mayor McArthur called for a vote as follows: Councilmember Whatcott - aye Councilmember Orton - aye Councilmember Allen - aye Councilmember Gardner - aye The vote was unanimous and the motion carried. AWARD OF BID: Consider award of bid for the purchase of a wheel loader for the Streets Dept. St. George City Council Minutes September 21, 2000 Page Three Purchasing Agent Sue Swensen presented four bids received for purchase of a wheel loader for the Streets Department: Wheeler Machinery $138,300 Scott Machinery $106,922 Rasmussen Equipment $121,581.19 Crossroads Equipment No Bid She recommended award of the bid to the low bidder, Scott Machinery, with the addition of an option for a hydraulic coupler, in the total amount of $110,122. Mayor McArthur commented the addition of the hydraulic coupler is a very worthwhile addition as it makes the machine capable of multiple uses. A motion was made by Councilmember Gardner to award the bid for a wheel loader with an option for a hydraulic coupler to the low bidder, Scott Machinery, in the amount of $110,122. The motion was seconded by Councilmember Whatcott. Mayor McArthur called for a vote as follows: Councilmember Gardner - aye Councilmember Allen - aye Councilmember Orton - aye Councilmember Whatcott - aye The vote was unanimous and the motion carried. AWARD OF BID: Consider award of bid for the purchase of a gang mower for the Parks Dept. Purchasing Agent Sue Swensen presented three bids received for a gang mower for the Parks Department: Rocky Mountain Turf $33,100 Nucrane Machinery $31,085 BA Bar Leasing $30,378 She advised that the Parks Department, per its memo to the Leisure Services Director, recommends award to Rocky Mountain Turf in the amount of $33,100 as the mower offered by Rocky Mountain Turf is lighter than the machines offered by the other bidders, the cutting width is wider, fuel capacity is greater, and there is a hydraulic drive on the mowing decks not offered on the other machines. Ms. Swensen advised Rocky Mountain Turf’s bid was the only one which met all the specs. A motion was made by Councilmember Gardner to award the bid to Rocky Mountain Turf in the amount of $33,100 for purchase of a gang mower for the Parks Department. The motion was seconded by Councilmember Whatcott. Mayo...

...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 Haslem, applicant. Community Development Director Bob Nicholson explained that the net result of this zone change will be a lot more open space and cleaning up of the zoning map. The Planning Commission and staff recommend approval. Mayor McArthur opened the public hearing. There being no public comment, he closed the public hearing. MOTION: A motion was made by Council Member Whatcott to approve the zone change by ordinance. SECOND: The motion was seconded by Council Member Gardner. VOTE: Mayor McArthur called for a roll call vote, as follows: Council Member Whatcott - aye Council Member Gardner - aye Council Member Allen - aye Council Member Bunker - aye The vote was unanimous and the motion carried. PUBLIC HEARING/PRELIMINARY PLAT: Public hearing to consider approval of a preliminary plat for a four lot single family subdivision in an R-1-10 zone at 2620 East 1450 South Street. Arturo Del Toro, applicant. Community Development Director Bob Nicholson explained that the subject property is located by Stone Cove and Stone Cliff Subdivisions. The request is straightforward and the applicant?s intent is to build a culdesac and on the plat note that each site requires its own grading and drainage plan. The Planning Commission recommended approval. Mayor McArthur opened the public hearing. There being no public comment, he closed the public hearing. Associate Planner Mark Bradley clarified that there would be no driveways or access onto 1450 South. A wall along 1450 South is not required. Council Member Whatcott inquired as to the landscaping requirements along 1450 South and if a sidewalk would have to be installed. He expressed concern that the property is longer than a football field, yet no improvements were being required. Mr. Nicholson commented that the four lots are all corner lots and hopefully the owners would landscape their lots to the sidewalk. Mr. Bradley advised that 1450 South is an 80' right-of-way and street trees are required. Council Member Whatcott inquired if the City was prepared to allow a section of 1450 to be unsightly. MOTION: A motion was made by Council Member Gardner to approve the zone change. The motion died for lack of a second. MOTION: A motion was made by Council Member Allen to approve the zone change subject to placement of street trees and making sure the homes present well to the street and in a uniform manner. If one owner installs a wall, the other must also. Mr. Nicholson commented that if one homeowner constructs a fence, the other should too because the property is on an 80' road. Arturo Del Toro, applicant, commented that a wall was desired to protect children, but he would do this with his own CC&Rs. As far as landscaping, he would do something that fits within the scheme of the area, similar to the project across the street. Small trees are desired, however, because of the view. Mr. Nicholson advised that a 10' landscape strip was also required. Council Member Bunker inquired if the plan was to have the homes face the culdesac. Mr. Del Toro replied that placement of the homes would be up to the owners. He stated he would rather have a 4' landscape strip, as a 10' landscape strip and 4' sidewalk would be too limiting to the property. Council Member Whatcott commented that the project across the street did not have a 10' landscape strip. St. George City Council Minutes January 5, 2006 Page Five Mr. Bradley replied that the project across the street was constructed prior to the ordinance change requiring a 10' strip. He stated that 10' is needed for utility easement access. MOTION: Council Member Allen restated her motion to approve the preliminary plat subject to matching frontages along 1450 Street - either both lots have to have fences, or neither one shall have a fence. Mr. Del Toro requested permission to install a smaller landscape strip. Mayor McArthur replied that the landscape strip had to meet the ordinance. SECOND: The motion was seconded by Council Member Bunker. An unidentified man commented that if a wall is built, it would have to be set back for sight distance. Mayor McArthur commented that both properties had to have a wall, or neither one could have a wall. City Manager Gary Esplin commented that the City Council could require the wall as part of the subdivision with landscaping in front maintained by CC&Rs. The unidentified man commented that the owner of the lot would be better able to maintain the landscaping. The intent is to have R-1-10 zoning. SUBSTITUTE MOTION: A motion was made by Council Member Whatcott to approve the preliminary plat subject to a 10' landscape strip next to the sidewalk, with the construction of a wall at the discretion of the property owner or developer, but if a wall is built, then the landscaping on the outside of the wall must be maintained. If a wall is built on one lot, a matching wall must be built on the other lot fronting 1450 South. Both lot frontages along 1450 South must match. SECOND: The motion was seconded by Council Member Gardner. The unidentified man inquired if the wall and landscaping had to be built now, or when the homes were built. City Manager Gary Esplin replied that some sort of requirement will have to be included on the plat for enforcement of the matching lot frontages. VOTE: Mayor McArthur called for a roll call vote, as follows: Council Member Allen - no Council Member Bunker - aye Council Member Whatcott - aye Council Member Gardner - aye The motion carried. The applicant was advised that the landscaping and trees had to be installed when the houses are built. PUBLIC HEARING/PRELIMINARY PLAT: Public hearing to consider approval of a preliminary plat for a six lot family subdivision in an R-1-10 zone located off Indian Hills Drive between Shadow Creek Subdivision and Southwood Meadows Subdivision. Roger Nelson, applicant. Associate Planner Mark Bradley explained that the applicant has been working with the City Engineering Department with regard to mitigation of the river. Lots 3 and 4 have restricted pad areas. The Planning Commission recommended approval subject to hillside review, and grading of the hillside for sight distance and a note on the plat denoting a sight clear zone on Lots 1 and 6. Council Member Gardner inquired if staff was suggesting the applicant have control of taking down the hill on property across the street that does not belong to him. Jay Sandberg replied that the applicant has been working with Gary Carter, the owner of the property on the other side of the road, to trim the hillside for a line of sight. Material taken from the hillside will be placed in a berm to strengthen erosion protection. The applicant has agreed to grant access to the City to maintain the berm. All parties have agreed to take care of the sight distance problem. Mayor McArthur