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October 2 2003 City Council Minutes

ST. GEORGE CITY COUNCIL MINUTES

REGULAR MEETING

OCTOBER 2, 2003, 4:00 P.M.

CITY COUNCIL CHAMBERS



PRESENT:

Mayor Daniel McArthur

Council Member Sharon Isom

Council Member Suzanne Allen

Council Member Bob Whatcott

Council Member Larry Gardner

Council Member Rod Orton

City Manager Gary Esplin

City Attorney Shawn Guzman

City Recorder Gay Cragun



OPENING:

Mayor McArthur called the meeting to order and welcomed all present. The pledge of allegiance was led by Robert Bromley and the invocation was offered by Mike Foster.



Ann Staples and Robert Bromley, representing the St. George Musical Theater, extended complimentary tickets to the Mayor and Council for the current production of Fiddler on the Roof and expressed appreciation to the City for the Musical Theater?s new home in the old Woodward gym.



VIDEO UPDATE:

Assistant to the City Manager Marc Mortensen presented a video on the marathon. Mayor McArthur expressed appreciation to the County for their recent clean-up of U-18 in preparation for the marathon. Mayor McArthur advised that the Mayor?s Walk, in conjunction with the marathon, will begin at 7:00 a.m. Saturday at Bluff Street Park.



TABLE ITEMS:

City Manager Gary Esplin suggested that Items 5A, 6B, and 6C associated with the purchase of a portion of the Bloomington generation facility from UAMPS be tabled from the agenda.



A motion to table the items recommended by the City Manager was made by Council Member Gardner and seconded by Council Member Isom. Mayor McArthur called for a vote, and all voted aye. The motion carried.



CONSENT CALENDAR: Consider approval of the financial statement for August, 2003.



City Manager Gary Esplin explained that sales tax revenues are above projections for the first two months of the fiscal year, and building permits are way up. He stated he felt confident the City was on the right on track as far as the budget was concerned.



Council Member Gardner commented that he never remembered the City ever being out of budget.



A motion was made by Council Member Gardner and seconded by Council Member Allen to approve the financial statement. Mayor McArthur called for a vote, and all voted aye. The motion carried.



AWARD OF BID:

Consider award of bid for the North Utilities Project.



Purchasing Agent Sue Swensen presented four bids for Schedule A, and five bids for Schedule B, as follows:



SCHEDULE A



Interstate Rock Products $1,326,446.75

Niels Fugal & Son Co. $1,330,471.13

Cindy Taylor Trucking $1,342,668.76

Condie Construction $1,554,189.07



SCHEDULE B



Interstate Rock Products $343,417

Niels Fugal & Son Co. $326,140.74

Cindy Taylor Trucking $363,090.84

Condie Construction $282,150.59

H. E. Davis Construction $285,367



She advised that the recommendation from Alpha Engineering is to award Schedule A to Interstate Rock Products in the amount of $1,326.446.75, and Schedule B to Condie Construction in the amount of $282,150.59.





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October 2, 2003

Page Two



A motion was made by Council Member Orton and seconded by Council Member Whatcott to award the bid as recommended. Mayor McArthur called for a vote, and all voted aye. The motion carried.



AWARD OF BID:

Consider award of bid for two Supercab Pickups for the Police Department.



Purchasing Agent Sue Swensen presented three bids received:



Young Chevrolet $19,452

Butterfield Ford $22,706

St. George Ford $25,902



She recommended award to the lowest bidder who met the bid package, Butterfield Ford, through the State contract, in the amount of $45,412 for two pick-ups for the Bike Patrol.



Council Member Whatcott inquired if the pick-ups would be replacing cars currently in the fleet, or would be in addition to those the Police Department already has.



Police Chief Marlon Stratton replied the trucks will replace cars currently being used by the bike officers.



City Manager Gary Esplin explained that the cars being replaced have high mileage, and they will be offered to other City departments or placed in the public auction.



A motion was made by Council Member Orton and seconded by Council Member Isom to award the bid to Butterfield Ford through the State contract in the amount of $45,412. Mayor McArthur called for a vote, and all voted aye. The motion carried.



AWARD OF BID:

Consider award of bid for a brush/wild land truck for the Fire Department.



Purchasing Agent Sue Swensen presented two bids received:



Butterfield Ford $31,169

St. George Ford $36,141



She recommended award to the low bidder, Butterfield Ford, through the State contract in the amount of $31,169. She explained that the bid is for a cab and chassis which will be sent out for installation of a bed and bins.



A motion was made by Council Member Gardner and seconded by Council Member Allen to award the bid to Butterfield Ford through the State contract in the amount of $31,169. Mayor McArthur called for a vote, and all voted aye. The motion carried.



AWARD OF BID:

Consider award of bid for inventory items for repair of the diesel plant engine.



Purchasing Agent Sue Swensen explained this is a sole source purchase through Cooper Energy Services in the amount of $29,125.33 to replenish stock used off the shelf for repair of the diesel engines.



A motion was made by Council Member Whatcott and seconded by Council Member Orton to approve the sole source purchase through Cooper Energy Services in the amount of $29,125.33. Mayor McArthur called for a vote, and all voted aye. The motion carried.



AWARD OF BID:

Consider approval of a change order to the chip seal aggregate contract with Interstate Rock.



and



Consider approval of a change order for chip seal oil.



Purchasing Agent Sue Swensen explained that this item includes a change order as well as an overrun on chips in the amount of $25,410.58.



City Manager Gary Esplin explained that the City decided to chip seal more streets than originally planned.



A motion was made by Council Member Gardner and seconded by Council Member Whatcott to approve the change order and overrun on the aggregate supplied for the





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October 2, 2003

Page Three



chip seal project in the amount of $25,410.58 and for chip seal oil in the amount of $48,930.00. Mayor McArthur called for a vote, and all voted aye. The motion carried.



AWARD OF BID:

Consider award of bid for Phase 1 of the Snow Canyon Parkway widening/1400 West extension project.



Purchasing Agent Sue Swensen presented four bids received:



Cindy Taylor Trucking $376,395.19

H. E. Davis Construction $459,726

Tradewest Construction $544,128

Dennett Construction $562,206



She recommended award of the bid to the low bidder, Cindy Taylor Trucking, in the amount of $376,395.19.



Public Works Director Larry Bulloch explained this phase of construction includes extending 1450 West to connect to Snow Canyon Parkway and west to the old racetrack.



Council Member Orton inquired why the City was doing this work when it was not the adjacent property owner.



Mr. Bulloch replied that Allan Carter is contributing to the project.



City Manager Gary Esplin commented that the City?s portion is half of the roadway fronting the park and along the bridge.



Mr. Bulloch advised there were also other contributors.



Council Member Gardner inquired if the water line would be installed before the overlay was placed.



Mr. Bulloch replied that the water line would be installed before the overlay. The private developers will be required to place the overlay.



A motion was made by Council Member Orton and seconded by Council Member Isom to award the bid to Cindy Taylor Trucking in the amount of $376,395.19. Mayor McArthur called for a vote, and all voted aye. The motion carried.



AWARD OF BID:

Consider award of bid for outdoor staging for the Parks Department.



Purchasing Agent Sue Swensen presented four bids received:



Stage Right $32,522

Secoa $40,245

Staging Dimensions $37,082

Wenger $33,440



She recommended award to the low bidder, Stage Right, in the amount of $32,522. The stage is a single 32' x 32' portable stage for special events.



A motion was made by Council Member Isom and seconded by Council Member Whatcott to award the bid to the low bidder, Stage Right, in the amount of $32,522. Mayor McArthur called for a vote, and all voted aye. The motion carried.



RATIFICATION:

Consider ratification of marathon funds to the Dixie Center for the 10 year club dinner, pasta dinner, Japanese Sunday lunch and expo rental.



Purchasing Agent Sue Swensen explained the amount is $29,000.



A motion was made by Council Member Whatcott and seconded by Council Member Orton to ratify marathon funds to the Dixie Center in the amount of $29,000.



City Manager Gary Esplin explained that the $29,000 will come from the marathon budget which is generated by sponsorships and entry fees.



Mayor McArthur called for a vote, and all voted aye. The motion carried.



STREET NAME CHANGE:

Consider a request to change the street name of 480 South Street to Medical Center Drive. Steve Wilson, Dixie Regional Medical Center, applicant.

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Page Four



Steve Wilson proposed that the street between Lowe?s and the new medical center, currently named 480 South Street, be renamed to Medical Center Drive. Physicians who will be housed in the adjacent office building feel 480 South is a confusing address and it would be easier for patients to find their offices if the street name were connected to the new medical center.



Mayor McArthur suggested that something other than Medical Center Drive should be considered, as there are other medical centers within the City.



Mr. Wilson replied that he would be happy to work with staff, but would like to tie the street name with activities associated with the medical center.



A motion was made by Council Member Gardner to approve a street name change and let hospital personnel and City staff work out a name. The motion was seconded by Council Member Isom. Mayor McArthur called for a vote, and all voted aye. The motion carried.



RESOLUTION:

Consider approval of a resolution abandoning an easement between Lots 607 and 608 of the Stone Cliffs Phase 6 Subdivision.



City Manager Gary Esplin explained that staff has reviewed the request and recommends approval.



A motion was made by Council Member Whatcott and seconded by Council Member Orton to approve the resolution. Mayor McArthur called for a roll call vote, as follows:



Council Member Whatcott - aye

Council Member Orton - aye

Council Member Isom - aye

Council Member Allen - aye

Council Member Gardner - aye



The vote was unanimous and the motion carried.



AMEND WATER AGREEMENT:

Consider approval of an amendment to the Entrada water agreement.



City Manager Gary Esplin reviewed changes to the agreement.



A motion was made by Council Member Gardner and seconded by Council Member Allen to approve the amendment to the water agreement. Mayor McArthur called for a vote, and all voted aye. The motion carried.



SERVICES CONTRACT:

Consider approval of a services contract with the Volunteer Center.



City Manager Gary Esplin explained that the contract with the County is for funding of a coordinator for court-ordered community service, with the County paying half the cost. He recommended approval.



A motion was made by Council Member Allen and seconded by Council Member Isom to approve the contract. Mayor McArthur called for a vote, and all voted aye. The motion carried.



PUBLIC HEARING/ZONE CHANGE/ORDINANCE:

Public hearing to consider a zone change for a portion of Halfway Wash from R-3 to OS located at approximately 1550 West 1040 North between the Parkside Phase 3 Subdivision and the proposed Tobler Subdivision. Brian Neville, applicant.



Associate Planner Mark Bradley explained that the subject property involves a portion of the Halfway wash and the zone change is needed in order to allow for development of two- story multi-family units with a 10' setback instead of a 20' setback. The goal of the General Plan is to have the flood plain areas zoned Open Space. The Planning Commission recommended approval.



Mayor McArthur opened the public hearing. There being no public comment, he closed the public hearing.



Council Member Whatcott commented that the zone change appeared to be beneficial to the developer, as well as the City, as the City would be getting more open space.



Mr. Bradley explained that a land trade was involved. The City obtained land along the wash to preserve for a trail, and the developer obtained useable area as well. Staff



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October 2, 2003

Page Five



met with the applicant to address concerns about how close the buildings will be to the wash area, and the applicant has worked with staff to locate the buildings in an appropriate way to address staff?s concerns.



Council Member Whatcott expressed concern with the decrease in setback from 20' to 10'.



Mayor McArthur commented that the City Council would see the layout of the buildings at a future date.



Fire Chief Robert Stoker advised he had not seen the project, but would not until platting took place.



Mr. Bradley explained that the applicant has satisfied the Engineering Department?s concerns with the proximity of the building to the floodplain and wash.



A motion was made by Council Member Gardner and seconded by Council Member Whatcott to approve the zone change by ordinance. 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 Isom - aye



The vote was unanimous and the motion carried.



SET PUBLIC HEARING:

Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held September 23, 2003, recommended a public hearing be scheduled for November 6, 2003 at 5:00 p.m. to consider an amendment to the City?s Zoning Ordinance,



Chapter 2, Definitions, to delete a portion of the family definition regarding college students. The City of St. George is the applicant.



A motion was made by Council Member Gardner and seconded by Council Member Isom to set the public hearing as recommended by the Planning Commission. Mayor McArthur called for a vote, and all voted aye.



PRELIMINARY PLAT:

Associate Planner Mark Bradley explained that the Planning Commission, at its meeting held September 23, 2003, recommended approval of the preliminary plat for Augustus Point located at 1500 W. Snow Canyon Parkway west of Paradise Canyon. Brett and Ed Burgess are the applicants. He clarified that the Planning Commission recommended approval using the Alternate 1 cross-section with the trail incorporated in the first retaining wall and subject to the trail and landscape development agreement being finalized.



City Manager Gary Esplin advised that staff has received a copy of the proposed development agreement, but suggested the City Council hold of on approval of it as there is some responsibility the City is taking on in exchange for the trail easement, and he was not prepared to make a recommendation. However, he recommended that the preliminary plat be approved.



A motion was made by Council Member Whatcott and seconded by Council Member Orton to approve the preliminary plat, but hold off on approval of the development agreement. Mayor McArthur called for a vote, and all voted aye. The motion carried.



HILLSIDE DEVELOPMENT PERMIT:

Associate Planner Mark Bradley explained that the Planning Commission, at its meeting held September 23, 2003, recommended approval of a hillside development permit for Stone Cove Subdivision located at 1450 South 2580 East subject to the recommendations of the Hillside Review Board, as follows:



1. The non-graded pad lots are not to exceed 10' in height with regard to cuts.

2. Details of the road alignment at 2580 East and 1450 South intersection be worked out.

3. Street trees be placed along 1450 South Street.

4. The intersection alignment be worked out before the preliminary plat is submitted.



The applicant is Norm Dobson.







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October 2, 2003

Page Six



City Manager Gary Esplin explained that the alignment of the intersection does not have any bearing on this item, as the request is for a hillside development permit, and the City Council will see the intersection alignment as part of the preliminary plat process.



A motion was made by Council Member Gardner and seconded by Council Member Allen to approve the hillside development permit as recommended by the Planning Commission. Mayor McArthur called for a vote, and all voted aye. The motion carried.



LOT SPLIT:

Associate Planner Mark Bradley explained that the Planning Commission, at its meeting held September 23, 2003, recommended approval of a lot split for Lot 7, Ft. Pierce Industrial Park, located at 3840 South 1600 East Cr. Jerry Lewis is the applicant.



A motion was made by Council Member Isom and seconded by Council Member Gardner to approve the lot split. Mayor McArthur called for a vote, and all voted aye. The motion carried.



HILLSIDE DEVELOPMENT PERMIT STATUS REPORT:

Associate Planner Mark Bradley explained that the hillside development permit previously granted to Russell Limb for his property south of The Knolls has expired. The site is 25% complete. The applicant would like to request additional time.



Russell Limb, applicant, requested an additional nine months.



A motion was made by Council Member Gardner and seconded by Council Member Orton to extend the hillside development permit for an additional nine months. Mayor McArthur called for a vote, and all voted aye. The motion carried.



CONDITIONAL USE PERMIT:

Consider approval of a conditional use permit for transitional housing for mental health recovery for six adult males at 230 East Tabernacle. Southwest Center, applicant.



Associate Planner Mark Bradley explained that the Planning Commission, at its meeting held September 23, 2003, recommended approval of the request on a five to two vote, subject to the following conditions:



1. The Southwest Center put up a solid wall between its property and the Montessori School.

2. Evidence be provided that there is adequate parking on site.

3. Evidence be provided that the 5% landscape requirement is met.

4. Zero tolerance of behavior.

5. No adjudicated person or anyone who poses any violence to the public health, safety and general welfare is allowed to reside at the location.



Council Member Isom inquired if there were any offenses when a residential treatment center was previously located at the subject site.



Council Member Whatcott commented that the residential treatment center was located there before the Montessori School was in existence, and perhaps the treatment center fit better into the area then, but the City had changed.



Stephanie Volker, Community Resource Director for the Southwest Center, explained that the Southwest Center is a public mental health organization mandated to provide services for the mentally ill in the community. Their greatest need was for low income housing. She explained that former patients of the state hospital, as part of their continued care, are located in a 24 hour supervised residential treatment center in Cedar City. From there the Southwest Center has not had a residential or independent living center to further maintain their skills. In the past these patients have not made the best tenants as staff has not been able to get them to a place where they could be productive in the community. This facility will provide an additional step they have not had in the past.



Council Member Gardner inquired of Ms. Volker how the Southwest Center would know a patient was not adjudicated.



Ms. Volker replied that this knowledge would come from the patient?s history. Persons who were violent or adjudicated would not reside in this type of facility.



Paul Thorpe, Director of the Southwest Center, explained that the Southwest Center is sensitive to the issues of the Montessori School and the community, and would never place them in jeopardy. He stated with assurity that he would not be opposed to being next to a facility of this type knowing the people who would be placed there.





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Page Seven



Mayor McArthur inquired how long a resident would reside there.



Mr. Thorpe replied that the Southwest Center has not had a facility of this type before. The individuals are living independently and not succeeding. They do not know how to cook, clean, or manage time. It is hoped a facility of this type will allow staff to spend additional time with them so they can succeed independently in the community.



Council Member Orton inquired why there would only be six residents.



Mr. Thorpe replied that Southwest Center owns the facility, and six is all it will hold. If there were more than six residents at the residential facility, 24 hours a day staff would be needed.



Ms. Volker explained that there are six single rooms in the facility, and the residents will do better with more privacy.



Mayor McArthur inquired if a state license was required.



Mr. Thorpe replied that this level of care does not require a license or staff, as it is considered transitional independent living.



Laura Bergeson, owner and director of the Dayspring Montessori School, explained that her two acre campus backs up against the subject site. The school serves 87 families and has 120 students and 12 professional employees. She encouraged denial of the request.



Council Member Gardner inquired of Mrs. Bergeson if the proposed wall solved some of her concerns.



Mrs. Bergeson replied that while the wall solved some of the concerns, the children will be within 30' of the back door of the proposed facility. The Montessori school has an open campus, and someone could walk right onto the campus and into a classroom.



Council Member Gardner commented that the residents will be gone during the daytime.



Ms. Volker commented that a resident could be at the residential facility during the day if he was sick or decided to stay home, but daily contact would be made.



Julie Ward, co-owner and director of Dayspring Montessori, stated that while she knew this type of facility was needed and she was not against the facility itself, she was opposed to the location. The type of people who will be residing in the facility will be unpredictable, as that is one of the main definitions of mental illness. Because the school would not be able to assure the well-being of the children entrusted to them, changes in the playground and staffing would have to be made. She recommended the City Council consider the impact this location would have on the community and the Montessori school.



Bruce Bergeson, co-owner of the Dayspring Montessori school, advised that he had expertise and experience in the area of mental illness, as well as a masters degree in rehabilitation counseling. He commented that placement in this residential facility will be the first opportunity these individuals have had since they were committed where there was not any supervision, and if a problem arises, it will be in this situation. While medication and therapy have done wonders for the mentally ill, many go off their medication because they feel good and feel they no longer need it. While the Southwest Center says it will try and supervise, they cannot make sure every patient will take his medication every day. Some times medication makes a person feel rotten, and they don?t want to take it so they stop it. Putting up a block wall close to the school will not stop the children from hearing outbursts or swearing, nor keep the residents from walking around the side where there is a chain link fence around the playground area. He stated that while he would not argue the need for the facility, the proposed location is not the right place. He stated it was his experience that the mentally ill are attracted to children, not necessarily to do them harm, but the laughter of children will attract them. With regard to whether or not he was over-reacting, he spoke with Marshall Topham who strongly recommends the facility not be located next to a school. He advised he also spoke with Dixie Andrus, Ray Brooks, Rob Stevenson, Richard Holmes, Burke Staheli, Harry Gentry and John Whatcott, and every one was flabbergasted that the Southwest Center would proposed locating a facility of this type next to a school. He stated the proposed location was not best for the children or for the clients, as it would put them in a situation where it would be probable there would be problems which would affect their treatment and progress. He commented that City government should not be in the business of putting businesses in jeopardy and children in harm.







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Page Eight



Donna Martin, a nurse presently employed at the St. George Care Center and grandmother of one of the children at the Montessori School, commented that someone with a shattered mind is totally unpredictable and at times can be violent for no apparent reason. When they feel good, they feel they don?t need their medication, and as a nurse she finds it difficult to give patients their meds. She commented she has seen schizophrenics strike out at their caregivers for no apparent reason, while another took all his clothes off and pranced down a hallway in front of children, and these were patients with 24 hour care.



Michael Deal, Financial Director for the Southwest Center, explained that adjudicated or violent persons would not be housed at the proposed facility, and while some may have been at the state hospital, not all had been committed. He explained that the proposed residents are residents of St. George and Washington County, and will not be brought in from out of state for profit. The Southwest Center is a public entity and it is the City?s responsibility to help them. The proposed facility will help the mentally ill to learn, and they are currently living here today, whether in their cars, on the streets, or in apartments. Mental illness crosses economic and religious boundaries, and this is a step to work with them to be better citizens in the community, with the goal of at some time getting to the point where they can live in an apartment and be a better tenant.



Jim Bound, a parent of a child at the Montessori school, advised that up to this point he has felt comfortable about dropping his children off at the school, and while he was not arguing the importance of this type of facility, the residents of the facility will have severe and persistent mental illness, and he has concerns about an unsupervised facility so close to his children and school.



Rick Jamison, owner of the H&R Block building next to the proposed facility, advised that he was the health director for an Indian tribe for seven years and has great sympathy for individuals with mental illness. He stated he knew from experience that the safety of individuals around the facility could not be guaranteed. He expressed concern for the safety of his female employees who work late at night. He stated the only way to guarantee the safety of his employees would be to build a wall down his property line which would eliminate most of the available parking. He stated that the

proposed location of the facility would impact his ability to make a living and run a successful business.



Lola Sims advised that she lives next door to the proposed facility and the two properties are separated only by a driveway. She stated her biggest concern was for the safety of the children at Montessori as she hears and enjoys them every day. She is also concerned about her own health. When a rehab center was located previously in this facility, the young people paced outside all day and smoked, and she is allergic to cigarette smoke. Her air conditioner brought the smoke into her house. She also expressed concern about coming home alone at night and with residents of the facility parking in her driveway. She expressed concern about the facility being located only two blocks from the downtown area, and commented there must be a better place for it to be located.



Lucinda Sessions advised she has suffered with major depression and borderline personality disorder and has been in and out of hospitals and psych units. She stated she knew the type of people at this stage in their lives. She advised she lost her children because of her mental illness but has gotten them back as adults. She advised that homes like the one proposed work, and if not for them, she would not be where she is at today. She volunteers at the hospital and is a foster mother to children who have mental illness. She stated that people in this stage in their lives who are put into this type of home are not as aggressive as people think.



Gloria Shakespeare read from the City ordinance the criteria for issuance of a conditional use permit, and the intent of the master plan. She stated that group homes are not part of the revitalization process of the general plan. The City?s responsibility is to decide if the intended use is in the best interests of the neighborhood and community as a whole, and the proposed use is not. The City, from Bluff Street to the College, and from the Red Hill to 700 South is saturated with special needs facilities, and if the City does not adhere to its general plan and ordinances, it is going to be swimming in them. She read from the Utah Code, Section 10-9-605, which gives cities some liberties in this area. She commented that at a time when the City is trying to focus on owner-occupied housing, this proposal is counter-productive and against the general plan and City ordinances.



John Moyes, Technical Director for the Southwest Center, stated that by virtue of his experience on the crisis team in St. George, the proposed residents of the facility are less likely to be violent when they are under treatment than the general population. Staff will monitor the medications and will know when a patient has gone of his medication and take the steps necessary to locate the individual in a more appropriate



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October 2, 2003

Page Nine



setting. The proposed residents are not horrendously dangerous; they are not able to manage their lives, and if there is a risk, it is more to themselves.



Ross Taylor applauded the employees of the Southwest Center for their commitment to the mentally ill and stated their services were critically important to the community. The community needs to recognize the needs of the mentally ill and help them find success in their lives. The main concern, however, is the location of the facility. The only thing he could find to be positive about the location of the facility is that it is already owned by Southwest Center, and if they were searching on the open market for a location, they would never consider this location. The building is not an attractive place to live and is in an area where there is a fairly high risk. If tax dollars are spent to make the facility more suitable, those tax dollars are at risk. The Danville Center at 200 West 200 South fits comfortably into the neighborhood, and its purpose is similar. It was designed for its purpose and those who live there feel at home. One of the best things to do for the mentally ill is to give them a sense of belonging, and the proposed facility will not do that. The facility is woefully inept in meeting the needs of the people, and tax dollars would be better spent in designing a facility. While the Southwest Center has a wonderful plan for returning the mentally ill into the community, that plan will not be successful at the proposed facility.



Council Member Gardner inquired of the Southwest Center if they had considered exchanging the subject property for another more appropriate location. A Southwest Center representative replied that they had not because of funding issues and the fact that they already owned the property.



Jim Eardley, Washington County Commissioner, advised that as a member of the

governing board of mental health, the Southwest Center is an arm of County government mandated to provide care by the State. There is not currently the proposed level of treatment, and this proposal is in the best interests of the

community. One option would be not to have this sort of facility and require the

individuals to mainstream some other way, but it comes down to budgetary constraints.



Council Member Whatcott commented that while he could not disagree with anything that was said, from his personal perspective he felt the current proposal did not offer the proper location or structure to integrate the individuals back into society.



Council Member Allen commented that while the Southwest Center was proposing a good program, and there is a need for it, the location was wrong. It is the City Council?s charge to watch over the health, safety, welfare and aesthetics of the neighborhood and downtown, and while the City Council is sympathetic to the needs, there are concerns about the location.



Council Member Orton commented that there might be a possibility to joint venture to help solve the location issue, but the proposed location is not the direction the City wants for the downtown.



A motion was made by Council Member Isom to deny the request due to its proximity to the Montessori school and the concerns of the elderly who live alone in her neighborhood. The motion was seconded by Council Member Whatcott.



Council Member Orton suggested that the motion include a statement that the proposed facility is not in line with what the City is trying to do in the downtown area.



Council Member Gardner suggested that a statement also be added to the motion that the City is willing to work with the County to look for a suitable site or facility. However, social service efforts are under the jurisdiction of the County for the most part.



Council Members Isom and Whatcott agreed to add the two statements to their motion. Mayor McArthur called for a vote, and all voted aye. The motion carried.



Mayor McArthur then called for a two minute break.

RESOLUTION:

Consider approval of a resolution approving a PUD development agreement which accommodates a donation of 17 acres of land for park and open space along the Santa Clara River as part of the Casa Blanca Villas at Green Valley housing project.



City Manager Gary Esplin explained that the City has been discussing this proposal for several years. Out of the approximately 17 acres proposed for donation to the City, about 3.814 acres is located in the flood plain. Actual useable property for a park is 12.9 acres. The issue to be decided is whether the City, through this donation, is willing to pick up the cost associated with the sewer line which runs through the property. It is proposed that the City pay for part of the sewer line assessment which



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October 2, 2003

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amounts to $32,985. Another City responsibility would be to take on improvement of Dixie Drive frontage. In exchange the City would have acreage to build a park in the Green Valley area.



Council Member Isom was excused from the meeting.



Mr. Esplin explained that the total cost, with improvements, amounted to $10,000 per acre, which includes all frontage improvements and the assessment. He stated he thought this was a good deal, and he recommended approval.



Mayor McArthur commented that the density, because of the location, would not affect other property owners.



Council Member Whatcott replied that in reality the City would be purchasing the property and also giving the applicants the density they want.



City Manager Gary Esplin commented that improvement of the frontage was never discussed, and while it may have been on the donee?s mind, staff understood that as development occurred, the City would be responsible for any frontage it owned. While it really is a sale, he still recommended approval as the property will be used as a park and meets the park master plan, plus taking away the opportunity to develop along Dixie Drive on the narrow frontage between the road and river, as well as buffering the road which will be a high traffic road in the future. There are more positives than negatives.



A motion was made by Council Member Gardner and seconded by Council Member Allen to approve the request by resolution. 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



The vote was unanimous and the motion carried.



APPOINTMENTS:

Mayor McArthur recommended appointment of Kristine Twiggs as a new member of the Shade Tree Board, along with reappointment of Carol Hortin, Bonnie Pendleton, Steve Nelson, and Dale Jones to the Shade Tree Board.



A motion was made by by Council Member Allen and seconded by Council Member Orton to appoint the members of the Shade Tree Board as recommended by Mayor McArthur. Mayor McArthur called for a vote, and all voted aye. The motion carried.



APPROVAL OF MINUTES:

Consider approval of the minutes of the regular City Council meeting held September 4, 2003.



A motion was made by Council Member Whatcott and seconded by Council Member Orton to approve the minutes as presented. Mayor McArthur called for a vote, and all voted aye. The motion carried.



Consider approval of the minutes of the regular City Council meeting held September 18, 2003.



A motion was made by Council Member Orton and seconded by Council Member Whatcott to approve the minutes as presented. Mayor McArthur called for a vote, and all voted aye. The motion carried.



ADJOURN TO EXECUTIVE SESSION:

A motion to adjourn to an executive session to discuss property issues was made by Council Member Whatcott and 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

Council Member Orton - aye



The vote was unanimous and the motion carried.









St. George City Council Minutes

October 2, 2003

Page Eleven



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.



MISCELLANEOUS DISCUSSIONS:

City Manager Gary Esplin explained that Kyle Talbot, a City employee, loaned his backhoe and two mules to the City, and he would like to reimburse him for that use.



City Manager Gary Esplin explained that City engineers would like to hire Carter Burgess to design Riverside Drive. If the City waits for proposals it could end up with a cheap proposal without the expertise. Professional service agreements do not have to be bid. Staff feels that Carter Burgess is the best to complete this type of project in a timely manner. He inquired if the City Council would prefer to advertise for formal proposals, or if they felt OK about using Carter Burgess as recommended by staff.



Mayor McArthur replied that it was imperative that Riverside Drive be completed as soon as possible if the cost is where it should be.



City Manager Gary Esplin explained that the City?s obligation with regard to the dinosaur tracks was to preserve the tracks, not build a museum. The City?s position is that it should cover its O&M costs. There apparently is a difference in vision, and the City Council must decide to what extent it will subsidize the museum.



Mayor McArthur and Council Member Gardner commented that in order to save the tracks, a paleontologist was needed full time.



Mr. Esplin advised that the annual budget for the dinosaur museum would be $120,000, which includes grounds care, a coordinator, a paleontologist, custodial services, utilities, etc. A meeting has been scheduled with the dinosaur board and they are requesting an agreement spelling out the responsibilities of the City.



Council Member Orton commented that first it should be determined if the museum is a viable product.



City Manager Gary Esplin suggested the paleontologist be hired under a one year contract. He stated that priorities must be set. The City is willing to maintain the building, but there are currently no funds for a paleontologist.



Council Member Gardner advised that according to Gary Wood, more detailed comments on the EIS for the new airport are needed. The City?s comments so far have been isolated and have not provided a lot of information. More information is needed on endangered species and what is being done. Mr. Wood advises that the City is setting itself up for a big lawsuit because the new interchange was not specifically identified in the impact statement. He suggested that the City amend its comments, while Larry Bulloch feels the City has made enough comments. It may be helpful for the Mayor and City Council to make their own comments.



The meeting then adjourned.







________________________________

Gay Cragun, City Recorder
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