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ST. GEORGE CITY COUNCIL MINUTES
SPECIAL MEETING
FEBRUARY 13, 2003, 4:00 P.M.
ADMINISTRATION CONFERENCE ROOM
PRESENT:
Mayor Daniel McArthur
Council Member Rod Orton
Council Member Suzanne Allen
Council Member Larry Gardner
Council Member Bob Whatcott
City Manager Gary Esplin
City Attorney Shawn Guzman
City Recorder Gay Cragun
EXCUSED:
Council Member Sharon Isom
SITE VISIT TO STONE POINT TOWNHOMES:
Also present were Marc Mortensen, Mans Jennings, Mark Bradley, Bob Nicholson, Roger Bundy, Kathy Hasfurther, and several unidentified gentlemen.
Council Member Larry Gardner advised that he had nothing to do with this project, and therefore was not declaring a conflict of interest.
RECONVENE AT OFFICE:
The meeting reconvened at the City Office. Mayor McArthur led the pledge of allegiance. The invocation was offered by Mans Jennings.
CONSIDER A REQUEST TO AMEND A HILLSIDE DEVELOPMENT PERMIT AND ENCROACH ON TO CITY PROPERTY:
Council Member Gardner commented that the red scar on the hillside will be hidden by a wall or stacked rock of some sort.
A motion to approve the amendment to the hillside development permit and encroach on to City property was made by Council Member Orton and seconded by Council Member Allen. Mayor McArthur called for a vote, and all voted aye. The motion carried.
Mans Jennings, applicant, commented that he would make every attempt to stay off City property.
City Attorney Shawn Guzman suggested that, given the unanimous vote by the Planning Commission to deny the oermit, the staff report to the Planning Commission the reasons the City Council approved the request.
Council Member Orton commented that the project will be an improvement to the area and improve an eyesore.
Mayor McArthur commented that the project will cover damage done to the hillside in the early 90s.
City Manager Gary Esplin commented that the wall should not have a negative effect on City property.
Council Member Allen commented that the presentation to the Planning Commission by the applicant?s engineers was difficult to follow and was not well explained.
Associate Planner Mark Bradley inquired if the approval contained the stipulations recommended by the Hillside Review Board. He was advised by Council Members Orton and Allen that the approval was subject to the recommendations of the Hillside Review Board.
REQUEST TO HOLD RETAIL SALE IN MILLCREEK INDUSTRIAL PARK:
City Manager Gary Esplin explained that Sun First Bank has become the owner of the inventory of America?s Best Furniture Warehouse, and it would like to use space in the Millcreek Industrial Park to liquidate the furniture. The City?s Zoning Ordinance prohibits retail sales in an M-2 zone. The City Council could make a special exception if it finds that the parking is adequate and if the sale is for a limited time only.
St. George City Council Minutes
February 13, 2003
Page Two
City Attorney Shawn Guzman explained that the reason this request is unique is because warehousing of furniture is a permitted use in a M-2 zone, and a special event sale for a limited period of time is permitted. However, there can be no outside storage of furniture. This request can be approved because the facility is being used as a warehouse and the sale will include only stock from the warehouse, and the applicant will not be bringing in any new items.
John Allen, applicant, advised that he applied for a business license to sell the furniture.
Robert Schmutz explained that the furniture will be advertised for sale beginning February 20.
Mr. Allen explained the furniture sale will be held during weekdays also.
A motion was made by Council Member Gardner and seconded by Council Member Whatcott to approve the request for a three week period beginning February 20, and subject to the other conditions explained by the City Attorney. Mayor McArthur called for a vote, and all voted aye. The motion carried.
DISCUSSION RE ZONING IN DOWNTOWN AREA:
Community Development Director Bob Nicholson distributed a Neighborhood Revitalization Strategy hand-out and reviewed it.
Mayor McArthur commented that blocks around the temple might be needed for higher density, and he would hate to see the area between the ridges totally exclude higher density housing.
Gloria Shakespeare commented that more high density housing was not needed, as the balance was being lost, and the area between the ridges should be kept for single family homes.
Mayor McArthur commented that it made sense to allow higher density in some places.
Ross Taylor commented that the price paid for high density is the eventual loss of families with children and an increase in the number of transient short-term rentals. PUDs almost invariably gravitate toward rentals, and when they do, consequences follow. Balance is important, and if the area is overbalanced with PUDS, it is not family friendly any more.
Gloria Shakespeare commented that the chances of single family homes refilling with young families is greater than with PUDs. She commented that the Conservation Zone carries its mission in its name, and if the neighborhoods are conserved, they will take care of the community. However, if single family homes are lost, between PUDs and non-compliance in the neighborhoods, the neighborhoods will strangle and die, and the only way to revitalize them is to protect them from PUDs and non-compliance. If the City does not protect the neighborhoods, it will lose them.
Joe Vincent commented that the purpose of the Conservation Zone is to conserve low density neighborhoods, but there is a corridor that runs from Tabernacle to 700 South and from 200 to 400 East that is not low density residential any more, and his concern is with property in this area. A single family residential zone cannot be preserved where one does not exist, and it does not apply to every area.
Council Member Gardner commented that it was difficult to rezone an established area without negatively impacting someone. He inquired if there was room for some isolated areas to be left out of the proposed zoning.
Ross Taylor commented that one of the main purposes of a residential conservation zone is to restore in the minds of the property owners that there is protection from deteriorating neighborhoods. This zoning is a statement from the City that restores a sense of faith and confidence in the downtown area. Numerous exceptions would erode that confidence.
St. George City Council Minutes
February 13, 2003
Page Three
Mayor McArthur commented that the recent rezone of one block was easy, as all the property owners agreed to the rezone. Others will not be so easy.
Jim McArthur commented that a majority of people living in the downtown area think the area is already zoned single family residential, most are comfortable with family style living, and ideologically the new zone would not be changing anything. The average density of the area between the ridges is already on the top end of high density. He stated he would rather struggle with a few individual cases with the overall objective being to revitalize the area. He stated that one or two vibrant families with children can revitalize an entire block. He stated that overall the rezone will bless St. George and revitalize the area, but perhaps there are areas that can be looked at again.
Doug Alder expressed confidence in the Planning Department, and urged the City Council to adopt the recommendations of the Neighborhood Committee.
Georgia Barker commented that she would like to see the historical homes preserved.
Gloria Shakespeare commented that young families have to be protected and assured that if they purchase a home in the downtown area, that the home next door won?t be turned into a duplex or apartments. If not, they will be better off to take their money and purchase a home elsewhere. If downtown St. George is not protected, it will turn into a rental-ville, and much hinges on the decision of the City Council. West Elementary School is suffering, and every single family home is a vital asset to its neighborhood if it is revitalized.
Council Member Allen commented that the School District took a major step when it decided to rebuild Dixie High School, as it could easily have been moved elsewhere, but it said it wanted families to come back to the downtown area and fill the school.
Gloria Shakespeare commented that the City must now support Dixie High School by rebuilding the neighborhoods.
Council Member Orton commented that the downtown area was not the only area in town needing protection. If the City forces PUDs or high density developments outside of the downtown area, it will just be putting pressure elsewhere. He stated he felt the downtown St. George area was not located just between the ridges, but that the Graham Subdivision is part of downtown St. George, and a rezone of a nine to ten block area was a pretty big decision to make.
Ross Taylor commented that this proposed rezone to Conservation would be the last in the downtown area.
Council Member Orton commented that the City?s current plan is market-driven, and the reason many PUDs were built in the downtown area was for temple workers, as that was what was required at the time. He expressed concern that by relieving pressure in the downtown area, the City would be putting it elsewhere.
Gloria Shakespeare commented that the downtown area is the City?s historical area.
Council Member Orton commented that a rezone would be taking away the rights of property owners who own large blocks of property in the downtown area.
Jim McArthur replied that the area requested for a rezone is 95% built-out. He commented that the City needed to build confidence that the downtown area will remain revitalized. He suggested a public hearing be held, as there are only several small areas in which condos could be built.
Carol Vincent commented that the concept of preserving single family neighborhoods in some blocks is fine, but on her mother?s block, 31 of the 42 dwellings are condos, and the City would be trying to change the block into something it isn?t. This property is her investment for the future, and if the area is
changed, her investment will be devalued. She commented that a blanket zone change approach was not the best approach.
St. George City Council Minutes
February 13, 2003
Page Four
City Manager Gary Esplin commented that rights-of-way on City streets in the downtown area are 90\', compared to 50\' for a normal street. A lot of the old trees in the parkways behind the curb are dying. The City also has issues with liability and obstructions. Staff has looked at the entire area between the ridges and is formulating a plan to reforest the area, and it may have to become involved in maintenance of the parkway areas in order to improve the image along these streets. He suggested that perhaps CDBG funds could be used to improve areas in the parkways.
Gloria Shakespeare inquired if CDBG funds could be used for historical lighting along some streets in the downtown area.
City Manager Gary Esplin replied that the main criteria for use of CDBG funds is to benefit low and moderate income people, and there are restrictions on its use.
Doug Alder stated he felt the most direct value for use of CDBG funds was to help young people move into the area.
DISCUSSION RE COMMUNITY ARTS MASTER PLAN AND ART CENTER:
John Pike distributed a flyer on the public arts program, and explained that the Arts Commission desires to form a subcommittee responsible for selection and collection of art for the City. As part of this program, they would like to use the art at the Tabernacle roundabout, and rotate it on an annual basis. Legal issues will need to be worked through.
Mark Talbert advised that the Subcommittee will address two issues - permanent purchases for the City, and the rotation program.
Leisure Services Director Kent Perkins explained that a proposal for the top floor of the Arts Building should be received soon from the architect. The Arts Foundation will then take the proposal to the Eccles Foundation to see if they will fund the project, with matching funds from the City.
It was the consensus of the City Council to proceed with forming of a subcommittee under the Arts Commission to select and collect permanent purchases for the City, and to administer the rotation program.
John Pike explained that the Arts Commission would like to send out an RFP to qualified firms to do a community arts master plan survey for the City.
It was the consensus of the City Council to proceed with issuance of an RFP.
Mr. Pike advised that he would come back to the City Council once the cost of the survey has been determined.
Council Member Bob Whatcott commented it was important that the survey determine what the community wants, not justify how funds are spent.
Mayor McArthur commented the City Council would like to see the survey before it is sent out.
ADJOURN TO EXECUTIVE SESSION:
A motion to adjourn to an executive session to discuss possible litigation was made by Council Member Whatcott and seconded by Council Member Gardner. Mayor McArthur called for a roll call vote, as follows:
Council Member Whatcott - aye
Council Member Gardner - aye
Council Member Orton - aye
Council Member Allen - 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 Gardner. Mayor McArthur called for a vote, and all voted aye. The motion carried.
St. George City Council Minutes
February 13, 2003
Page Five
DISCUSSION WITH DINOSAUR FOUNDATION:
City Manager Gary Esplin explained that the legislature approved a bill awarding the BLM $500,000 for the dinosaur tracks, but another bill awarding $500,000 to the City did not pass. Additional legislation will have to be approved by Congress in order to obtain the full $500,000. He suggested that $200,000 could be put toward land purchase and infrastructure, and $300,000 toward building a facility to house the tracks. The City?s lobbyist is still trying to pursue a technical correction and is meeting with senators and congressmen to see if this is an alternative. The BLM could elect to purchase the property but not build the building.
Leisure Services Director Kent Perkins advised that there are funds being donated at the site, and he felt it was important to formalize the relationship and who is doing what.
Sheldon Johnson advised that the Dinosaur Foundation is a 501c(3) corporation.
Laverna Johnson advised that a building will have to be built this year in order to protect the tracks. She advised that they would be happy to oversee construction of the facility, or oversee staff and volunteers at the bookstore, or operate internet sales. However, this cannot be done until each party knows what its responsibilities are.
Sheldon Johnson advised that the City can choose what they would like them to do, and they will be glad to help in any way.
Laverna Johnson advised that 62-65% of visitors to the dinosaur site are from out of state.
An unidentified man advised that 5,000 people a month visit the dinosaur tracks.
LaVerna Johnson advised that they are talking with McDonald?s about locating a restaurant in the facility, and the facility will have to be expanded a little bit to accommodate them.
Sheldon Johnson commented that a lease with McDonald?s would put the museum in the black.
Leisure Services Director Kent Perkins advised that Lyle Drake, the attorney for the foundation, will talk with the City Attorney about drafting preliminary documents. The City has spent $86,000 in the past three years protecting the site, and at the end of this year this amount will total $100,000. If the City continues this spending, a budget will have to be developed for the tracks.
City Manager Gary Esplin explained the critical issues are who the players are, how the facility will be designed, and funding of the building.
Sheldon Johnson advised he had a building design with an estimate for construction at $753,000.
Leisure Services Director Kent Perkins inquired if the City was going to be in the dinosaur business for the long haul.
Mayor McArthur replied that the City has already made this commitment.
LaVerna Johnson advised that the CIB contacted her and was interested in helping with the project in the form of a low interest loan.
ADJOURN TO AN EXECUTIVE SESSION:
A motion to adjourn to an executive session to discuss personnel issues was made by Council Member Gardner and seconded by Council Member Allen. 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
St. George City Council Minutes
February 13, 2003
Page Six
The vote was unanimous and the motion carried.
RECONVENE:
The meeting then reconvened. Council Member Whatcott updated Council Members on UAMPS issues.
Council Member Gardner expressed concerns about the City?s development review process.
The meeting then adjourned.
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Gay Cragun, City Recorder |
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