City Council Minutes

Thursday, June 19,2003



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
JUNE 19, 2003, 4:00 P.M.
CITY COUNCIL CHAMBERS

PRESENT:
Mayor Daniel McArthur
Council Member Suzanne Allen
Council Member Bob Whatcott
Council Member Rod Orton
Council Member Larry Gardner
City Manager Gary Esplin
City Attorney Shawn Guzman
City Recorder Gay Cragun

EXCUSED:
Council Member Sharon Isom

OPENING:
Mayor McArthur called the meeting to order and welcomed all present. The pledge of allegiance was led by Scout Jordan Weaver and the invocation was offered by Gary Esplin.

Mayor McArthur invited several Scouts in the audience to introduce themselves.

UPDATE ON WATER CONSERVATION:
Mayor McArthur complimented citizens of St. George on their water conservation efforts, and advised that City parks, cemeteries, golf courses, and school grounds were watered with irrigation water. There are so many facilities to water that they cannot all be watered during night-time hours, and the City must take its irrigation turns when they are available.

Conservation Coordinator Ren? Fleming advised that water usage is down 16-17% from two years ago, while usage for the month of June is down 6.78%. She explained that citizens may call her at 986-4432 if they see any type of water waste or broken sprinklers. She explained that the City?s goal is not to fine, but to inform and educate to preserve water.

AWARD OF BID: Consider award of bid for a one-ton, 4 WD, single rear axle truck with extended cab for the Energy Services Department.

Purchasing Agent Sue Swensen presented two bids received:

Butterfield Ford $29,870
St. George Ford $26,252

She recommended award of the bid to the low bidder, St. George Ford, in the amount of $26,252. She explained that the State contact has expired so the City issued specs and called for bids.

A motion was made by Council Member Gardner and seconded by Council Member Orton to award the bid to the low bidder, St. George Ford, in the amount of $26,252. Mayor McArthur called for a vote, and all voted aye. The motion carried.

AWARD OF BID:
Consider award of bid for an F-450, 1.5 ton cab/chassis, 2 WD regular cab truck for the Energy Services Department.

Purchasing Agent Sue Swensen presented two bids received:

St. George Ford $27,982
Young Chevrolet $28,522

She recommended award of the bid to the low bidder, St. George Ford, in the amount of $27,982.

A motion was made by Council Member Gardner and seconded by Council Member Allen to award the bid to the low bidder, St. George Ford, in the amount of $27,982. Mayor McArthur called for a vote, and all voted aye. The motion carried.

AWARD OF BLANKET CONTRACT:
Consider award of a blanket contract for poly phase solid state demand meters, single phase.
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Page Two

Purchasing Agent Sue Swensen recommended award of a blanket contract with the manufacturer?s representative, Codale Electric, in an amount not to exceed $55,000 for the year.

A motion was made by Council Member Orton and seconded by Council Member Whatcott to award the blanket contract to Codale Electric in an amount not to exceed $55,000 for the year. Mayor McArthur called for a vote, and all voted aye. The motion carried.

AWARD OF BLANKET CONTRACT:
Consider award of bid for local telecommunication service.

Purchasing Agent Sue Swensen recommended award of a blanket contract with One Tel.

A motion was made by Council Member Orton and seconded by Council Member Allen to award the blanket contract to One Tel. Mayor McArthur called for a vote, and all voted aye. The motion carried.

Administrative Services Director Joe Vincent explained that the City will realize savings of about $15,000 a year, but will be paying 10% more than it is currently paying.

AWARD OF BID:
Consider award of bid for a heavy duty lift for Fleet Management.

Purchasing Agent Sue Swensen presented the following bids:

Del Bigelow Enterprises $56,605
Auto Equipment of Nevada $68,590
Maric Sales of Utah $64,080

She recommended award of the bid to Del Bigelow Enterprises in the amount of $56,605 with an option of safety switches on the inside rails in the amount of $1,000, for a total of $57,605.

A motion was made by Council Member Allen and seconded by Council Member Orton to award the bid to Del Bigelow Enterprises in the amount of $57,605. Mayor McArthur called for a vote, and all voted aye. The motion carried.

AWARD OF BID:
Consider award of bid for a water truck for the Water Services Department.

Purchasing Agent Sue Swensen presented the following bids:

Lake City International (new truck) $47,974
Sterling Trucks of Utah (new truck) $46,432
Freightliner of Utah (new truck) $44,604
Sterling Trucks of Utah (used truck) $29,900
Freightliner of Utah (used truck) $32,000

She clarified that the new vehicle bids include cab and chassis only, whereas the used truck bids are for a complete water truck. She recommended award of the bid to Sterling Trucks of Utah for a used 1994 Ford LA9000 truck in the amount of $29,900.

A motion was made by Council Member Gardner and seconded by Council Member Whatcott to award the bid to Sterling Trucks of Utah in the amount of $29,900. Mayor McArthur called for a vote, and all voted aye. The motion carried.

VACATING ORDINANCE:
Consider approval of an ordinance vacating a portion of platted roadway located at 1400 South 2580 East.

City Manager Gary Esplin commented that staff recommends approval.

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


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Council Member Whatcott - aye
Council Member Gardner - 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 June 10, 2003, recommended approval of the preliminary plat for Sun River Phase 10 with 68 units. The Planning Commission found that reducing the street width from 30' to 29' did not constitute a significant change to the PD.

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

AMENDED PRELIMINARY PLAT:
Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held June 10, 2003, recommended approval of the amended preliminary plat for Blackrock at Stonebridge with 116 units. The proposed change allows for single story, two story and three story buildings with detached garages along with the existing style of two and one-half story buildings with garages. The original plat called for two story buildings. The Planning Commission determined there was no significant change to the PD.

A motion was made by Council Member Orton and seconded by Council Member Gardner to approve the amended preliminary plat. Mayor McArthur called for a vote, and all voted aye. The motion carried.

AMEND CONDITIONAL USE PERMIT:
Consider a request to amend an existing conditional use permit for the Children?s Orchard Childcare and Preschool located at 195 South Main Street to extend the hours of operation to 24 hours per day, seven days a week.

Associate Planner Mark Bradley explained that the applicants, Patrick and Tabitha Reid, would like to amend their existing conditional use permit for The Children?s Orchard Childcare and Preschool at 195 South Main to extend the hours of operation to 24 hours per day, seven days a week. The Planning Commission recommends approval subject to (1) enclose the dumpster within 15 days; and (2) research the history of a permanent resident on-site. The Planning Commission felt there is adequate parking. Staff?s concern is the impact on residents. The applicants are licensed for up to 50 children with the State, but there are currently 90 children enrolled.

Mrs. Reid explained that when she purchased the business, it was with the understanding that the people next door were residential agents. She stated she did not know she could not expand, and has already been providing 24 hour per day seven days a week care.

Mr. Bradley explained that the property is surrounded by residential zoning on both sides.

Council Member Allen inquired if the property would revert back to a single family use or remain commercial if the applicants were to move from the site.

Mr. Bradley explained that the property should never have become a commercial use, and the conditional use permit allows a resident parent to stay at home and care for the children.

City Attorney Shawn Guzman explained that the intent of the conditional use permit in the current zone is to allow a stay-at-home parent to have another income by providing a day care service. However, the current use is very different and is a commercial enterprise, just as if a gas station were located in a residential neighborhood. If the City Council grants a conditional use permit for this type of use, it would be setting a precedent and would have to allow it to happen in any residential area.


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Community Development Director Bob Nicholson explained that under the City?s Zoning Ordinance, a school or preschool is a conditional use. The present use qualifies as a preschool, and in those cases a full time resident is not required.

Council Member Whatcott commented that a school does not operate 24 hours per day.

Debbie Justice commented that as the community has grown, opportunities and jobs have grown too, and there is no where else in the county for families to get good 24 hour care for their children. Traditional child care has grown from the original definition, and she asked the City Council to take that into consideration when it makes its decision.

City Attorney Shawn Guzman explained that the City Council would be setting a precedent by calling a 24 hour daycare a school, and would be opening up all residential areas to this type of use. The City Council can do this at its discretion, but it would broaden the definition of a school. The Council could, if it so chose to do so, advise the applicant to come into compliance within the next year.

Council Member Whatcott commented that by giving the applicants a year to come into compliance, the conditional use permit becomes invalid. He commented that the original conditional use permit issued by the City is for 28 children, and the applicants now have 90.

Mrs. Reid advised that the State issued her a permit for 50 children.

Council Member Whatcott commented that while that may be so, the City has only approved up to 28 children.

Laura Woolsey, City Business License Officer, advised that several renewal notices had been sent to the applicants advising them to renew their business license by February 28, but there had been no response until recently, when this issue was brought to her attention.

Council Member Allen commented that the applicants? lease expires in August, 2004, and she then made a motion to allow them to come into compliance by August 2004. The motion was seconded by Council Member Gardner.

Council Member Whatcott commented he would like to see where the City gave permission for the applicants to have 50 children.

Ms. Woolsey replied that the applicants are aware they are only supposed to have 28 children, even if the State license says they may have 50 children.

Associate Planner Mark Bradley advised that permission to have 28 children was established in 1986 when the conditional use permit was granted, and a higher number has never been set.

Council Member Whatcott inquired if the Fire Department had inspected the home.

Fire Chief Robert Stoker replied that he would have to check his records, but the facility has been inspected at least once a year.

Council Member Whatcott inquired if the inspections were made according to the City or State requirements.

Chief Stoker replied that the inspections were made according to the State requirements, as they had not seen the City requirements.

Mrs. Reid clarified that the State requires 35 sq. ft. per child. She advised that her facility was last inspected by the Fire Department in September, 2002.

Council Member Whatcott expressed concern that the inspection was carried out for the State license, and not the City license. The applicants have maxed out their enrollment according to the State, regardless of what the City authorized, and that is not right.

Council Member Allen amended her motion to approve the amended conditional use permit, with the applicant coming into compliance with the number of students within 14 months. If there is any conflict between the City and State concerning the

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number of students, the applicants will have to come into compliance within six months.

City Attorney Shawn Guzman expressed concern with the motion. He suggested that the City Council recognize that the applicants are not in compliance, and that they will have to work with City zoning and legal to come into compliance or move to another location within a suggested time frame of six months.

Council Member Allen agreed to amend her motion to recognize that the applicants are not in compliance with the existing conditional use permit, and that they will have to come into compliance or move to another location within six months. Council Member Gardner seconded this amended motion.

City Attorney Shawn Guzman clarified that the motion does not grant a conditional use permit, as the current use of the property is not in harmony with zoning for that area. This will also allow the City time to determine the appropriate number of children for the location in question.

Council Member Allen clarified her amended motion to deny the conditional use permit, and give the applicants six months to come into compliance, with a review at the end of the six month period. Council Member Gardner agreed to this clarification. Mayor McArthur called for a vote, and all voted aye. The motion carried.

PUBLIC HEARING/ZONE CHANGE/ORDINANCE:
Public hearing to consider a request to change the R-3, R-4, and PD Residential zones to R-1 Conservation zone for the area from Main Street to 300 East and from 100 South Street to 300 South Street, excluding existing AP zone. Neighborhood Enhancement Committee, applicant.

Community Development Director Bob Nicholson explained the purpose of the zone change is to preserve existing single family homes in the area and limit conversions from single family to multi-family by downzoning to R-1-8 standards. Vacant property would be allowed to develop single family homes rather than multi-family. Any legally established use would be a conforming use, and existing units may be replaced or remodeled. Another option would be an R-1 zone with R-1-6 standards. A small group met to look at development problems in the downtown and how to address them and have come up with an overlay zone they would like to present to the Planning Commission and City Council to address the problem from a different angle. The overlay zone would increase setbacks for units, provide more off-street parking, require visitor parking, and require a conditional use permit to convert an existing single family home to a multi-family unit.

Mayor McArthur opened the public hearing and advised that each speaker would be limited to four minutes.

Jewel Bringhurst commented she did not see how a triplex could be converted back to a duplex, and she wondered how adequate fire protection could be provided to the triplexes that currently exist on 200 East between 200 and 300 South.

Mayor McArthur announced that due to the large number of citizens wishing to speak, each speaker would be limited to two minutes.

Sherry McManus expressed frustration with the lack of adequate parking in the area.

Joe Empey stated he was opposed to R-1 zoning in this area.

Ray Schmutz commented he would like to see all options in print before a decision is made.

City Manager Gary Esplin clarified that any action taken at this meeting would be to simply approve, deny, or table the R-1 zone. All other alternatives will be addressed at another public hearing.

Ray Schmutz commented that if the R-1 zone is approved, it will cause stagnation in the entire area and no one will build or buy because of the restrictions. The R-1 zone will not solve parking or over-population problems.

Janet Bice commented that small families do not want to live in old homes, and the lots are very deep but not wide enough for two families to use. The only way to use

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the land in the back of the lots is to combine properties and put smaller units on them and provide access and parking. The R-1 zone change proposal penalizes a few people and makes it impossible for them to use their property wisely.

Lucille Christensen suggested the possibility of the government putting in housing for low and moderate income people.

Del Packard commented that he is buying a home at 178 West 100 South in the old, historic part of town, and even though the home is old and there are electrical and plumbing challenges, he likes the neighborhood and wants to live downtown, and would like his future neighbors to be the same.

LaPriel Wilson commented that she lives on a block which is an example of what the City does not want to see happen. Between 500 and 600 South and 100 to 200 East there are nine homes and 68 small rental/condo units and parking is a nightmare. The neighborhood setting is non-existent, and the block is a prime example of over-development. The blocks cannot be over-built if neighborhoods are to be preserved.

Roberta Blake Barnum commented that she was for single family homes. The Hammer home now has 15 cars on the lawn and in the street. She expressed concern about possible fire hazards.

Vardel Curtis, representing the Washington County Board of Realtors, expressed opposition to the zone change and commented that the R-1 zone will provide no guarantee that people will not continue to illegally convert single family homes. He suggested the overlay zone is an option which should be considered, and recommended the zone change not be approved as there are still many things left to be discussed and a solution found.

Vince Clayton, a member of the St. George Planning Commission, advised that the Planning Commission found the alternatives presented at their last meeting to be acceptable. He requested that the City Council deny the request in order to consider other alternatives.

Jeff Fawcett expressed opposition to the R-1 zone change.

Tom Bayles, a resident at 129 South 100 West, expressed support for the downzone request based on the way the neighborhood has declined. He commented that tenants are generally not as interested in keeping up the homes as homeowners. He inquired as to the number of developers who were actually willing to live in the units they built in the downtown area, and the current homeowners in the area would be appreciative of dispersing more lower income housing throughout the City.

Ross Taylor applauded the efforts made on behalf of the downtown. He expressed hope that the strong language contained in the master plan was more than rhetoric and that the City would do all it could to encourage people to own homes and live in central St. George. He expressed concern with the two organizations opposing the zone change as both of them are members of national organizations whose primary purpose is to encourage home ownership. He stated that the R-1 zone would provide tools for better land use and management of growth.

Sam Sampson commented he was opposed to the R-1 zone because of private property rights.

John Lawton expressed support for private property rights and commented that more student housing was needed.

Jim McArthur commented that property values in the central City area were declining because of what has transpired over the last several years. In his area a two bedroom home sold for $70,000, and a nice brick home with a detached garage sold for $103,000. There is a four bedroom home in his cul-de-sac available for $118,000, all because of the neighborhood and what is taking place around the area. With regard to private property rights, these property owners are losing money on their property because of what?s taking place around them. In 1950 John Willie advised that the first zoning program was established, and many properties were zoned not knowing what zone to bring them in as. He stated he was worried about the vast zoning to R-2 and this is a serious issue needing consideration. He recommended that the City Council not deny the zone change, but consider tabling it.


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Kenton Barker, a resident at 279 South 660 East, distributed a hand-out supporting the downzone proposal. The proposed downzone will stabilize neighborhoods and act as a deterrent to those who speculate and invest yet do not live there. It is obvious that the downtown is deteriorating and action is needed, and the down zone is an important tool to protect the neighborhoods. It would be shortsighted to think this zoning is not necessary as part of appropriate community planning. He asked the Council to consider the private property rights of the residents rather than the development community and those seeking financial gain.

An unidentified woman commented that there are inoperable motor vehicles in the yard next to her, parking everywhere on the street, and suggested that the boundaries of the proposed down zone be widened to include everyone in the system.

Carol Sapp commented that she did not agree with the R-1 zone, and from a land planning position she has researched the issue from the best around the United States. She then read a portion from a book. She commented that the issue is not density of housing within the area, but home ownership. Ideas to encourage the downtown neighborhoods include citation-based enforcement, an overlay zone, and creation and enforcement of a landlord ordinance. She suggested that a certain area in the overlay zone be set aside for purchase with CDBG funds to enable people to build housing on the property. The housing would be owned by the City and would be placed in trust in perpetuity. This would add families to the downtown.

Carol Vincent commented that she was against the R-1 zone, and that St. George is not Provo as a majority of Provo?s problems have arisen because of the student population in the area. BYU has 50,000 students, 90% of whom are from outside the county. Dixie College has 7,000 students, 54% of whom are from Washington County and live at home. There are other solution such as the overlay zone, and the matter deserves time for presentation of better options.

Sam Haslem advised that he was a realtor, builder and investor, and while he supports the theory of what the applicant is trying to do, the rights of those who purchased property with the thought of investment down the road should not be taken away.

Doug Alder read a letter from the Utah Historical Society advising that downzoning is the most important step a city can take to stabilize neighborhoods.

Heath Stone, Government Affairs Director for the Washington County Board of Realtors, advised that Provo has made great strides but has not accomplished everything it hoped for, and they are looking at other options closely paralleling an overlay zone. The current downzone proposal to R-1 will allow all the problems currently existing to remain by allowing them as conforming uses, and there are other things that need to be addressed such as more enforcement and other alternatives to consider.

Floyd Jackson advised that his mother owns a home in the downtown St. George area and his mother could not sell her property for enough to move out because property values have declined so much and alternatives are needed to bring property values back up. Down zoning is not a good alternative because people should have the option to do what they want. He volunteered to work on a committee to look at alternatives.

Joe Vincent stated that a Provo councilman commented that Provo?s problem was not caused by units designed as multi-family dwellings, but by single family homes illegally converted to multi-family rentals. With regard to St. George, the primary blight conditions are single family dwellings that have been converted to rentals, and it would be premature to approve the down zoning before viable options are considered. He suggested that if the down zone is approved, a line should be drawn at 200 East, as the area between 200 and 400 East is no longer a low density neighborhood.

Gloria Shakespeare, representing the Neighborhood Enhancement Committee, commented that the best government is the one who does the greatest good for the greatest amount of citizens, and the first step is with zoning. Zoning protects property rights, and an R-1 zone does not take away use of property; it merely changes the use. When the City decided to rezone the area, it changed the use of the property around every single home without even knowing it, and not only did it change the use, it changed the integrity of the neighborhoods. Units have been

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built without aesthetics or adequate parking. A zone change to R-1 will stop this. If the City decides to adopt the overlay zone instead of rezoning, she inquired how this would be justified to the residents of the neighborhoods. The General Plan states that people are coming here to get away from congestion, and yet everyone opposed to the downzone wants to create more congestion. The balance issue is a serious problem. An R-1 zone will do away with homes converting into apartments and duplexes, but an overlay zone will allow a conditional use permit to do this and is a zoning nightmare. R-1 zoning protects the people. The General Plan states that the people of the community have a right to determine the quality of life they wish to preserve, and she then presented a petition signed by 80% of the area?s residents in favor of the down zone.

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

Council Member Gardner commented that the City Council was very aware of property rights, but it depended on which side of the fence you sat as to whose property rights were supreme. The R-1 zone will allow certain things to be done to the property, but does not guarantee a maximum investment. St. George differs from Provo or Salt Lake because of the uniqueness of its downtown and beauty between the ridges and convenience. As the City Council makes a decision, it has to realize there are a lot of people who, if possible, would live in the downtown area because of the beauty and convenience, and the City wants to enhance this, not discourage it. He suggested a blending of ideas to allow for progress in an appropriate way to protect the neighborhoods, and that not all options had been explored. He stated he was not opposed to giving the matter some more time to see if the best of both sides could be incorporated into something positive for the community.

Council Member Allen commented that there has not been a lot of discussion about the overlay zone, and the City Council has heard nothing about the CDBG or Fannie Mae programs. These are exciting alternatives to getting families back into the downtown, and there is more than just the downtown neighborhoods to consider, as this decision can be worked into all other areas of the City.

Council Member Orton commented that while he does not like what he sees in the downtown area or agree with what has happened in the past, he was not sure the City would be accomplishing what it needed to in proceeding with the R-1 down zone. He stated he was in favor of tabling the matter.

Council Member Whatcott commented that given the choice to either approve or deny the down zone, he would vote to approve it, but at the same time there is not only one option to consider. Viable solutions can be found, and the City has already invoked the pending ordinance doctrine to protect the area. He seconded the motion to table the matter.

Council Member Allen advised that Council Member Isom wanted her to mention that she is in favor of a holding zone and would like to see options other than the R-1 down zone.

Council Member Gardner commented that he felt the R-2 zoning was invasive, but the City Council cannot base its decisions on public clamor or threat of non-support. City Council members vote their conscience on issues after studying them thoroughly, and those who serve have been sincere and look at the broad picture and the best good of the community. He then made a motion to table the issue. He then made another motion to reschedule the matter for the first regular meeting in September. The combined motion was seconded by Council Member Whatcott. Mayor McArthur called for a vote, and all voted aye. The motion carried.

Mayor McArthur called for a five minute break.

Council Member Orton was excused from the meeting.

PUBLIC HEARING/AMEND GENERAL PLAN LAND USE MAP/ORDINANCE:
Public hearing to consider a request to amend the General Plan Land Use Map for property located between Foremaster Ridge and 1990 East Street and north of the UAMPS power substation from Low Density Residential to High Density Residential and from Medium Density Residential to Commercial. Randy Simonsen, applicant.



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Community Development Director Bob Nicholson explained that the applicant is not going to press forward to change the master plan as far as residential, but would like to amend the General Plan to show additional commercial.

Randy Simonsen, applicant, explained that the existing zoning would allow 180 units on the combined property, but he is not asking to do that. He will also bring in the project as a PD. The Planning Commission approved his proposal unanimously. He would like to put in 90 units and cluster them in an area of about 12 acres. Further, he would not develop any hillside above a slope of 26%, even though he could develop up to 40%. While the commercial zoning contains a lot of acreage, in reality not much of it is developable, and most of it lies around the substation. The best entrance to the property would be between his and Walter Plumb?s property to the north, and he would run a road straight east and west across the west side of his property, with a bridge across the wash. This would provide the best boundary between the residential and commercial areas.

Mayor McArthur opened the public hearing.

Wilford Day, representing the residents of Foremaster Ridge, read a statement requesting denial of the request and that the hillside property be rezoned from high and medium density to low density as provided by the General Plan.

Karen Mehrs asked for clarification of the rezone request.

Mr. Simonsen replied that he wanted to bring the project in as a PD so that everyone will have a chance to review it. He is asking that property zoned R-3 be rezoned to commercial, and there is about 12 acres below the power lines which will be clustered housing.

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

Council Member Gardner clarified that the applicant is now requesting enlargement of the commercial area and changing the low density to medium density.

City Manager Gary Esplin advised Mr. Simonsen that in figuring total acreage, he could not include any acreage above a 40% slope. If the overall density is four units or less, a master plan amendment or zone change would not be needed, as the property is already zoned to accommodate this. The question is how much commercial should be allowed, and how far north. The applicant would not have to do anything other than submit plans for a PD to see how the development fits in the area. He suggested that any action be tabled to allowed the applicant to proceed with his plan.

Council Member Whatcott commented that the pending ordinance doctrine was in place, which included the applicant?s R-3 property. The City Council needs to rethink what is happening in this area. He stated he was not in favor of changing the General Plan and allowing more commercial, and if anything, the request should be denied.

Mayor McArthur agreed that the City Council should look at the General Plan, as that is why they invoked the pending ordinance doctrine.

City Attorney Shawn Guzman advised that the applicant could come back with a concept, not a plan, as right now the property is covered by the pending ordinance doctrine.

The motion to deny the request was seconded by Council Member Allen. Mayor McArthur called for a vote, and all voted aye. The motion carried.

PUBLIC HEARING/RESOLUTION:
Public hearing on the proposed 2003-2004 fiscal budget for the City of St. George.

Mayor McArthur opened the public hearing.

A gentleman by the name of Philip complimented the Mayor and Council on the current bus service and requested Saturday bus service.

Mayor McArthur advised that this was not included in the budget at this point, but the City Council would take it under advisement.

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There being no further public comment, he closed the public hearing.

City Manager Gary Esplin recommended approval of the budget as submitted, including the recommended market adjustment for City employees. Also included in the budget is a proposed fee increase for the golf courses, and a fee increase in the Building Department.

Mayor McArthur advised that he would like to include two additional police officers in the budget as requested.

City Manager Gary Esplin explained that the proposed budget also includes a new planner and project engineer. The increase in fees in the Building Department would provide revenues to cover the cost of the new Planner and Plans Examiner in the Building Department.

A motion was made by Council Member Gardner to approve the budget as recommended, by resolution, including two new police officers and a 2% market adjustment coming from discretionary funds. The motion was 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 Whatcott - aye

The vote was unanimous and the motion carried.

PUBLIC HEARING/RESOLUTION:
Public hearing to consider adjustments to the 2002-2003 fiscal budget for the City of St. George.

City Manager Gary Esplin explained there is a surplus in the police account and they would like to purchase some rifles for the police patrol. There has been a significant increase in registration for Recreation programs, and an adjustment is needed to account for salaries, etc. There have also been changes to the Dixie Center budget.

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

A motion was made by Council Member Whatcott and seconded by Council Member Allen to approve the adjustments by resolution. 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.

APPEAL OF LICENSE DENIAL FOR TAXICAB DRIVER:
Consider an appeal of license denial for a taxicab driver. Gregory K. Bivens, applicant.

Police Chief Marlon Stratton explained that the City Council directed him to determine what the penalties would be if the offense had occurred in Utah. The applicant was convicted in Nevada of two gross misdemeanors, the equivalent of Class A misdemeanors in Utah. In Utah, the applicant could have been charged with an aggravated first degree felony with a penalty of not less than five years or life. The applicant will also be listed on the sex offender?s registry until September 7, 2006. Chief Stratton recommended that because of the seriousness of the offense, the license be denied. He also expressed concern that approval of the license would set a precedent by disregarding negative results of a background check.

City Attorney Shawn Guzman clarified that the City?s position is that not every crime revealed in a background check would prohibit an applicant from being licensed, but one of this serious nature would. More importantly, the City does not want to be in a position of second-guessing the court system and the punishment meted out by the court.




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A motion was made by Council Member Whatcott to deny the request. The motion was seconded by Council Member Gardner. Mayor McArthur called for a vote, and all voted aye. The motion carried.

OVERHEAD POWER LINES:
Discussion on overhead power lines in the Ft. Pearce Industrial Park.

City Manager Gary Esplin explained that discussions have been held previously about overhead power lines in the Ft. Pearce Industrial Park. Staff has reviewed the request, and it is the consensus that based on existing overhead lines in the area, overhead lines should be allowed. However, this is a deviation from the requirement in the City?s ordinance.

A motion was made by Council Member Gardner and seconded by Council Member Allen to approve overhead power lines in the Ft. Pearce Industrial Park. Mayor McArthur called for a vote, and all voted aye. The motion carried.

AGREEMENT:
Consider approval of an agreement between the City, Sunset Plaza, and Stan Perkins regarding the wall between the new Sunset Plaza, Albertson?s Shopping Center and adjacent property owner.

City Attorney Shawn Guzman explained that a situation arose with development of the new Albertson?s on Sunset Blvd. There are a number of residential properties which abut the property being developed, and the issue is whether the developer should take down an existing wall and replace it, or add to it. The parties met on site, and it has been agreed that the developer will add three courses of block to the Perkins? wall. The agreement has been signed by both parties.

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

WATER CONSERVATION PLAN:
Consider approval of revisions to the Water Conservation Plan.

Conservation Coordinator Ren? Fleming reviewed minor changes to the Water Conservation Plan.

City Attorney Shawn Guzman advised that the suggested revisions are in keeping with the City?s policy and goal of encouraging its citizens to follow the restrictions.

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

COOPERATIVE AGREEMENT:
Consider approval of a cooperative agreement for preparation of a Watershed Management Plan for the Virgin River watershed in Washington and Kane Counties.

Water Services Director Barry Barnum explained that federal regulations require a plan which involves all water which drains in to the Virgin River basin. The City is required to participate because so much of its water resources come from the Virgin River. The Washington County Water Conservancy District is taking the lead on the project, the total cost of which is $267,000. The City?s share will be $30,000. This plan will help protect the water shed and quality and quantity of water available through the Virgin River drainage.

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

AGREEMENT:
Consider approval of an agreement with Carter Burgess to provide traffic signal and roadway design work on Bluff Street.

City Manager Gary Esplin commented that the City has been fronting the funds with reimbursement from the State. The State has chosen the option preferred by the


St. George City Council Minutes
June 19, 2003
Page Twelve

City - restriping, signal work, and two lanes both ways at St. George and Bluff Street. Another signal will be installed at Bluff and 900 South.

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

TASK ORDER:
Consider approval of a proposed task order with Carollo Engineers for construction management services relating to the expansion of the Quail Lake Water Treatment Plant.

City Manager Gary Esplin explained that Carollo Engineers was involved in the last expansion, and is currently doing the design work. It is therefore logical that they continue with the work and provide the services.

Council Member Gardner inquired if it would be possible for them to do the design, without supervising the project, as the amount of the contract is $264,000 for construction management and $500,000 for inspection. He wondered if the City would save a lot by using another supervisor.

City Manager Gary Esplin replied that someone has to watch all construction activity to make sure specs are met. He stated he was not sure how it could be done differently other than to take proposals from other firms.

Council Member Gardner wondered if someone else could be hired for a lot less.

Water Services Director Barry Barnum explained that the original proposal was higher, but was cut a million dollars in construction management services. Staff feels the City is getting a good deal. Carollo will have an engineering inspector on site all the time construction is going on to watch everything going in. This type of supervision is essential to a project of this size and importance, and the same thing was done at the wastewater treatment plant during its expansion. Carollo provides an invaluable service and knows the specs. The process will take a year and a half.

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

WATER EXCHANGE AGREEMENT:
Consider approval of a water exchange agreement with Santa Clara City.

City Manager Gary Esplin explained that Santa Clara owns some water rights and springs north of Snow Canyon Parkway and the City would like to exchange water with them. The City proposes to given them water somewhere else in exchange for this spring water which will be put into the Tawa pond and used for irrigation. Santa Clara would like this arrangement formalized in an agreement in order to protect its interests.

Water Services Director Barry Barnum advised that the water could come from the Hafen well, or a tap off the reuse line, but the exact place has not yet been specified.

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

ENGINEERING SERVICES AGREEMENT:
Consider approval of an engineering services agreement with Creamer and Noble on the Red Hills Parkway project.

City Manager Gary Esplin explained that in order to get the project on the hill going, the City has been using Creamer & Noble. He recommended approval of an agreement in the amount of $480,000 for all engineering, and all environmental at $649,000.

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


St. George City Council Minutes
June 19, 2003
Page Thirteen

AGREEMENT:
Consider approval of the scope of work and an agreement with the Volpe National Transportation System Center to evaluate and review the technical noise data, studies and models created during the EIS process for the replacement airport.

City Manager Gary Esplin explained that the agreement is with the company recommended to help with airport noise considerations to try and satisfy anticipated concerns. The City is eligible for grant participation up to 90%. The City?s portion will be 10%. The agreement will allow the City to use them as needed.

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.

COOPERATIVE AGREEMENT:
Consider approval of a cooperative agreement with UDOT for traffic signal design services on Bluff Street at St. George Blvd. and at 900 South.

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

APPROVAL OF MINUTES:
Consider approval of the minutes of the special City Council meeting held May 22, 2003.

A motion to approve the minutes as presented 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.

Consider approval of the minutes of the City Council work meeting held May 29, 2003.

A motion to approve the minutes as presented 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.

Consider approval of the minutes of the City Council work meeting held June 3, 2003.

A motion to approve the minutes as presented 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.

ADJOURN TO REDEVELOPMENT AGENCY
A motion to adjourn to a Redevelopment Agency meeting was made by Council Member Whatcott and seconded by Council Member Allen. Mayor McArthur called for a vote, and all voted aye. 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.

ADJOURN TO EXECUTIVE SESSION:
A motion to adjourn to an executive session to discuss litigation and personnel 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

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, and all voted aye.


St. George City Council Minutes
June 19, 2003
Page Fourteen

DISCUSSION WITH WELLS DAIRY:
Scott Hirschi, Washington County Economic Development Director, distributed background information and reviewed a proposal to help Wells Dairy meet some costs which were not anticipated.

Representatives from Wells Dairy then presented a power point presentation concerning background of the unanticipated costs and status of construction.

Staff will research the matter.

ADJOURN TO EXECUTIVE SESSION:
A motion to adjourn to an executive session to discuss litigation and personnel was made by Council Member Allen and seconded by Council Member Whatcott. 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.

RECONVENE AND ADJOURN:
A motion to reconvene and adjourn 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. The meeting adjourned at 10:30 p.m.



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Gay Cragun, City Recorder