City Council Minutes

Thursday, August 21,2003



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
AUGUST 21, 2003, 4:00 P.M.
CITY COUNCIL CHAMBERS

PRESENT:
Mayor Daniel McArthur
Council Member Suzanne Allen
Council Member Sharon Isom (arrived 4:55 p.m.)
Council Member Rod Orton
Council Member Larry Gardner
Council Member Bob Whatcott
City Manager Gary Esplin
Deputy City Attorney Ron Read
City Recorder Gay Cragun

EXCUSED:
City Attorney Shawn Guzman

OPENING:
Mayor McArthur called the meeting to order and welcomed all in attendance. The invocation was offered by Council Member Orton and the pledge of allegiance was led by Council Member Allen. Mayor McArthur invited anyone wishing to open future meetings by offering the invocation or leading the pledge of allegiance to contact him.

Diane Wittwer, Washington County PTA Director, and another member of the Washington County PTA presented Mayor McArthur with a framed picture of this year?s PTA theme, and urged membership in the PTA and donation of time to schools.

Mayor McArthur clarified that the agenda item to consider adoption of a resolution
amending the Agreement for Residential Waste Collection was listed incorrectly in the agenda, as the manual collection of plastic bags, bundles and manual containers will not be eliminated.

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

City Manager Gary Esplin commented the City was in excellent financial condition, and all departments came in under budget for the year.

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

AWARD OF BID:
Consider award of bid for two aerifiers and two sweepers for the Golf Division.

City Manager Gary Esplin advised that staff?s recommendation is to award the bid to the second low bidder, Nucrane Machinery for all four John Deere units in the amount of $47,892. The low bidder does not have a track record as they have only one machine in operation, and staff did not feel comfortable awarding the bid to them.

Golf Director Dave Terry explained that the equipment will be used by the Southgate and St. George Golf Courses.

A motion was made by Council Member Gardner and seconded by Council Member Allen to award the bid to Nucrane Machinery in the amount of $47,892. Mayor McArthur called for a vote, and all voted aye. The motion carried.

UPDATE OF FLOOD DAMAGE TO GOLF COURSES:
Golf Director Dave Terry distributed a summary report of damage done to the golf courses during the recent flood and recommendations to minimize future damage.

AWARD OF BID:
Consider award of bid for two Pro-Gators for the Golf Division.

City Manager Gary Esplin advised that staff recommends award of the bid to Nucrane Machinery in the amount of $36,390 for two heavy duty utility vehicles. The City is replacing some of its broken and outdated equipment.


St. George City Council Minutes
August 21, 2003
Page Two

Golf Director Dave Terry explained that the utility vehicles will be used at the Sunbrook and St. George Golf Courses. The vehicles are used on a daily basis for irrigation and bunker work, and also as a mini dump truck.

A motion was made by Council Member Orton and seconded by Council Member Whatcott to award the bid to Nucrane Machinery in the amount of $36,390. Mayor McArthur called for a vote, and all voted aye. The motion carried.

AWARD OF BID:
Consider award of bid for two Jacobsen Greens King IV mowers with groomers and three Kawasaki mules for the Golf Division.

City Manager Gary Esplin explained that these mowers can only be purchased from the manufacturer?s representative, Rocky Mountain Turf, in the amount of $61,718.

Golf Director Dave Terry explained that these are not new, additional pieces of equipment, but replacement equipment.

A motion was made by Council Member Orton and seconded by Council Member Whatcott to award the bid to Rocky Mountain Equipment in the amount of $61,718. Mayor McArthur called for a vote, and all voted aye. The motion carried.

Council Member Whatcott commented that the Golf Division is the only Division within the City that pays for itself.

AWARD OF BID:
Consider award of bid for police interceptors.

City Manager Gary Esplin advised that staff recommends award of this purchase through the State contract in the amount of $230,000 for ten new vehicles. Local dealers could not match the price.

A motion was made by Council Member Whatcott and seconded by Council Member Orton to award the bid through the State contract in the amount of $230,000 for ten new vehicles. Mayor McArthur called for a vote, and all voted aye. The motion carried.

AWARD OF BID:
Consider award of bid for an Elgin MV Whirlwind street sweeper.

City Manager Gary Esplin explained that this item was approved as part of the current budget. Staff recommends award through the State contract with AG Body, Inc. in the amount of $119,880.

Streets Superintendent Randy Halverson advised that an old sweeper will be traded in for the new one. The City has had great success with Elgin sweepers. He advised that all residential streets are swept at least three times a year, and the business districts once a month.

A motion was made by Council Member Allen and seconded by Council Member Orton to award the bid to AG Body, Inc. in the amount of $119,880. Mayor McArthur called for a vote, and all voted aye. The motion carried.

AWARD OF BID:
Consider award of bid for glass beads for painting pavement markings.

City Manager Gary Esplin advised that staff recommends award of the bid to the low bidder, Safety Supply, in the amount of $29,959.

A motion was made by Council Member Orton and seconded by Council Member Whatcott to award the bid to the low bidder, Safety Supply, in the amount of $29,959. Mayor McArthur called for a vote, and all voted aye. The motion carried.

AWARD OF BID:
Consider award of bid for a self-propelled chip spreader for the Streets Department.

City Manager Gary Esplin advised that staff recommends award to the low bidder, Geffs Mfg., in the amount of $108,985.72.


St. George City Council Minutes
August 21, 2003
Page Three

A motion was made by Council Member Gardner and seconded by Council Member Allen to award the bid to the low bidder, Geffs Mfg., in the amount of $108,985.72. Mayor McArthur called for a vote, and all voted aye. The motion carried.

Glen Bundy inquired why the City was purchasing equipment when private contractors should be doing the work as it would be more cost effective.

Mayor McArthur responded that the City buys its chips and oil from private contractors.

City Manager Gary Esplin explained that under State law cities are allowed to do a certain amount of maintenance to its streets, and the City thinks this is the most cost effective way to get the job done.

AWARD OF BID:
Consider award of bid to install the north utilities project.

City Manager Gary Esplin explained that the low bidder withdrew his bid, and the second low bid is substantially over the estimate. It is staff?s recommendation to reject all bids and rebid the project. The engineer?s estimate was 1.4 million dollars, and the second low bid was 1.8 million. The City?s ordinance provides that when a bid is 5% over the amount of budgeted funds, the item can be rebid.

A motion to reject all bids and rebid the project was made by Council Member Orton and seconded by Council Member Whatcott. Mayor McArthur called for a vote, and all voted aye. The motion carried.

PRESENTATION BY EXCHANGE CLUB:
Dave Mathis, representing the Exchange Club, presented Mayor?s Walk T-shirts to the Mayor and Council.

RESOLUTION:
Consider approval of a resolution authorizing a new fee schedule for the City?s golf courses.

City Manager Gary Esplin explained it had been several years since golf fees were raised, and costs of operation have increased.

Golf Manager Dave Terry explained that the City is trying to move toward a demand-based pricing system in order to compete with nearby courses. It is proposed that each fee be increased by 5%, with one exception. It is recommended that a peak season rate be implemented at Sunbrook from February through April by adding another $5.00 to the 18 hole rate.

Mayor McArthur commented that the City?s golf rates are very competitive.

A motion was made by Council Member Gardner and seconded by Council Member Orton to approve the resolution increasing the City?s golf rates, attached hereto as Exhibit ?A?. Mayor McArthur called for a roll call vote, as follows:

Council Member Gardner - aye
Council Member Orton - aye
Council Member Whatcott - aye
Council Member Allen - aye

The vote was unanimous and the motion carried.

RESOLUTION:
Consider approval of a resolution declaring intention to reimburse expenditures from the proceeds of electric revenue bonds to be issued by the City of St. George, Utah.

City Manager Gary Esplin explained that approval of this resolution would allow the City to receive up to $8,300,000 in funds for capital projects. There are a few projects which may be imminent and prior to issuing the bonds. This resolution would protect the City if it has to spend funds before the bonds are issued.

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

St. George City Council Minutes
August 21, 2003
Page Four

Council Member Whatcott - aye
Council Member Allen - aye
Council Member Gardner - aye
Council Member Orton - aye

The vote was unanimous and the motion carried.

RESOLUTION:
Consider approval of a resolution amending the Agreement for Residential Waste Collection by eliminating manual collection of plastic bags, bundles, and manual containers.

Mayor McArthur explained that adoption of the resolution will provide for a second container at no cost, and will not eliminate the manual collection of plastic bags, bundles and manual containers.

Council Member Isom arrived.

Mayor McArthur explained that residents who want a second container at no additional charge should call the Solid Waste District and request one.

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

Council Member Gardner - aye
Council Member Allen - aye
Council Member Isom - aye
Council Member Orton - aye
Council Member Whatcott - aye

The vote was unanimous and the motion carried.

PUBLIC HEARING:
Public hearing to consider amendment of the Blackridge Planned Development zone to replace the proposed movie theater with a four story office building and for modifications to the site layout which includes restaurants and retail for the parcel east of 250 West Street located at the northeast corner of 250 West Street and the Blackridge Drive intersection.

City Manager Gary Esplin advised that there would not be a public hearing, as the public hearing on this item was closed at the last meeting, and it was inadvertently included on this agenda.

ORDINANCE:
Consider approval of an ordinance amending the Blackridge Planned Development zone to replace the proposed movie theater with a four story office building and for modifications to the site layout which includes restaurants and retail for the parcel east of 250 West Street located at the northeast corner of 250 West Street and the Blackridge Drive intersection.

City Manager Gary Esplin explained that the City Council made a field trip to this site at their last work meeting.

Council Member Isom advised that even though she did not attend the City Council work meeting field trip, she went out last weekend to look at the site.

Steve Brown, applicant, explained that the project will be a dramatic improvement over what has already been approved for the site. The color of the stucco is close to the color of the convention center at the entrance to the City, and the glass is the color of the sandstone cliffs. The colors have been blended to be aesthetically pleasing. He explained that the reason the Planning Commission unanimously recommended approval was because the building was pulled back off the toe and tucked in against the rock wall. The major reason for wanting a four story building is because of liability, as having a smaller footprint will minimize liability due to the expansive soils. The Skyline Center was built three years ago at about the same elevation and determination of the height of the building by the midpoint of the adjacent road is a legitimate argument for approval based on past determination of how high buildings can be. The proposed building will not upstage the temple, nor become a beacon, but will be good for St. George.


St. George City Council Minutes
August 21, 2003
Page Five

Council Member Isom stated she had a problem with the height, especially in the proposed location. She commented she felt the ordinance should be adhered to rather than changed every time there is a request to do so.

Council Member Orton commented that the City Council has looked at the proposed location from every entrance to the City, and all are after the same goal, that being to make the City the nicest looking City it can be. He commented that he was not sure if the proposed project was going to do that, and the decision the City Council will make will have to be lived with for a long time. He commented he feared if this project were approved, all the ridges could be filled with four story buildings, and most cities seem to clump their high rise buildings in the downtown area.

Council Member Whatcott inquired of the applicant if there was a reason he wanted to equal the original PD in square footage. He commented that as he read the testing report, it does not say a four story building is any safer than a three story building with 30,000 sq. ft. He inquired of the applicant if his goal was to have 40,000 sq. ft. irrespective of the height, and if it was an economic decision.

Mr. Brown replied that it was not.

Council Member Gardner commented that it was a fact there were soils problems, and anyone who builds on that site has to be sensitive to the soils problems. The applicant is merely trying to counteract the expansive soils by calculating the weight of the building, and width or breadth of the footings to match that weight. If the size is decreased, then the footings can be decreased, and this can be altered depending on the size of the building. He expressed concern that the building be built appropriately, and commented that a three story building can be just as appropriately built as a four story.

Steve Brown commented that problems down the road may be created by building the footprint further out.

Council Member Whatcott advised that by putting 30,000 sq. ft. on three levels, the footprint would be the same size as 40,000 sq. ft. on four levels.

Steve Brown advised that this would then become an economic issue, because of the price of construction, sq. footage, cost of the land, etc. Mr. Brown advised the building would be worth $5,000,000 and generate $55,000-$60,000 in property taxes each year.

Council Member Whatcott commented that the proposed building would be similar to adding another story to the office building behind the Police building and setting it out on a hill. He commented that the economic factor put the proposed building in a different perspective rather than if a risk factor were involved.

Mr. Brown replied that economics was his secondary concern. His number one concern was liability.

Council Member Whatcott commented that the liability would be the same for a three or four story building if the footprint was the same.

Council Member Gardner commented that setting the building back against the hill has reduced the impact tremendously, and while he was supportive of the proposed project, he was also supportive of a three story building.

Mayor McArthur commented that the proposed building would be the only four story building built on a hillside, and while the applicant has been willing to turn the building and break up the lines of the building, height is an issue.

Mr. Brown commented that there was also substantially less glass than the original proposal.

Randy Green, managing partner of the Black Ridge Commercial Center, advised that he is a registered architect. He commented that development in the front of the project will soften the impact of the building, and the building pad in the center of the loop road is the same height as the pad the building will be on. Initially the building will be more prominent than it will be eventually. He felt a good compromise had been reached with regard to blending of building materials. Landscaping will also soften the impact. He advised he was committed to taking the entire proceeds of the project and put it back into the property to finish

St. George City Council Minutes
August 21, 2003
Page Six

improvements he committed to the City he would do. He advised the proposed building represented a coming together of economic realities of trying to build a building while dealing with the soil condition and other economic realities, and was not simply a matter of lopping off a story. This would result in 10,000 less sq. footage without reducing his development cost by 25%. The building is good looking, and better than a majority in the City and shows sensitivity to the environment. He encouraged favorable consideration as presented.

Mayor McArthur commented he wanted to be sure the project impacted the community in a good way and not as a billboard on a hillside. He expressed concern about its prominence in the community, and stated it was important that it blended in.

Council Member Orton commented that the City has made mistakes in the past and has had to live with them. If the City?s concerns now are valid, 20 years from now the proposed building will stick out as a billboard. He stated that while he did not want to do anything to stand in the applicant?s way of success, he was struggling to convince himself to support the four story building.

Mayor McArthur commented that the proposed project is PD, and the City Council can require it to be changed.

Council Member Allen commented that as much as she liked the color, she was not sure the building was the best against the backdrop. She inquired of the applicant if another glass could be used that was not so reflective.

Mr. Brown replied that there needed to be a certain level of reflectivity, or the building would be too utility consumptive.

Council Member Gardner commented that the City Council needed to make sure the color of the building fit the backdrop, and he was comfortable with and could support a three story building.

Council Member Allen commented she too preferred a three story building.

Council Member Whatcott commented that while he liked the building, he was leaning toward a three story building. He stated the City Council needed to make sure the colors of the building blended with the hill behind it.

Council Member Gardner inquired if options could be considered which would allow the requested 40,000 sq. ft. to be spread around in the footprint.

Mayor McArthur replied that the applicant would have to meet all other requirements for development, including parking.

A motion was made by Council Member Isom to approve the project, by ordinance, subject to a three story building spread out however the applicant preferred as long as he could meet parking and other requirements, and subject to obtaining City Council approval of the color of the building.

City Manager Gary Esplin clarified that the applicant could have 40,000 sq. ft. in a three story building as long as he could meet parking and other requirements.

Council Member Isom replied that this was correct.

Council Member Whatcott suggested that a restriction be made on the height.

After discussion, Council Member Isom amended her motion to include a stipulation that the building be no higher than 47' in height.

Mayor McArthur asked the applicants to present to the City Council at a later date the color scheme for the project.

Deputy City Attorney Ron Read advised that the Planning Commission also recommended two other conditions: that only monument signs be used, and that any rooftop equipment be shielded from residential view.

Council Member Isom agreed to again amend her motion to include the two stipulations recommended by the Planning Commission, that only monument signs


St. George City Council Minutes
August 21, 2003
Page Seven

be used for the project, and that any rooftop equipment be shielded from residential view.

The motion was seconded by Council Member Allen. Mayor McArthur called for a roll call vote, as follows:

Council Member Isom - aye
Council Member Allen - aye
Council Member Whatcott - aye
Council Member Orton - aye
Council Member Gardner - aye

The vote was unanimous and the motion carried.

DINOSAUR TRACK PROJECT:
Consider approval of the dinosaur track site design/build project.

City Manager Gary Esplin advised that proposals were received just yesterday and staff has not had time to review them and make a recommendation. The Committee ranked the proposals and have a recommendation for the Council, but he suggested that the matter be tabled and rescheduled on the next agenda.

SPECIAL EVENT PERMIT:
Consider approval of a special event permit for a Farmer?s Market at the Zion Factory Stores.

City Manager Gary Esplin advised that there have not been any problems in the past with the Farmer?s Market, and staff recommends approval.

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

City Manager Gary Esplin clarified that the special event permit is for a one year period, not five years as requested in the applicant?s letter.

AIRPORT LEASE:
Consider approval of an Airport Commercial Operating Lease agreement with JLH Ventures, LLC. Justin Hansen, applicant.

Airport Manager Dave Ulane advised that in March the Airport Board recommended approval of the applicant?s request to construct a new hangar, contingent upon coming up with a leasehold map of the airport. Staff recommends approval. The applicant is aware that a new airport is planned, and the lease term is for five years.

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

SET PUBLIC HEARING:
Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held August 12, 2003, recommended that a public hearing be scheduled for
September 18, 2003 at 5:00 p.m. to consider a zone change request from R-3 to AP on 0.14 acre located at 694 South Main St. Greg Stevens is the applicant.

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

FINAL PLAT:
Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held August 12, 2003, recommended approval of the final plats for The Springs Estates Phase 6, Paul Jensen applicant; Springfield Townhomes Phase 5, Brent Goodwin, applicant; and Stone Point Townhomes Phase 3, Mansfield Jennings, applicant.

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


St. George City Council Minutes
August 21, 2003
Page Eight

LOT SPLIT:
Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held August 12, 2003, recommended approval of a request for a lot split at 1100 West 1165 North in an M-1 zone subject to identifying that the parking is adequate for the existing uses and subject to an access easement being recorded and the deeds being recorded. The Planning Commission also recommended that the City not enforce parking issues should they arise. Gary Knight is the applicant.

A motion was made by Council Member Isom to approve the lot split.

Deputy City Attorney Ron Read clarified that the City will enforce its Parking Ordinance, but the applicant has entered into a private cross-parking agreement which the City will not enforce.

Council Member Isom?s motion was seconded by Council Member Whatcott. Mayor McArthur called for a vote, and all voted aye. The vote was unanimous and the motion carried.

EXPAND NON-CONFORMING PARKING:
Associate Planner Mark Bradley explained that the Planning Commission, at its meeting held August 12, 2003, recommended approval of a request from Kolob Care and Rehabilitation for a proposed addition to comply with the amended parking standards allowing the existing portion to remain under the previous parking standards. Janet Jenson, agent. Mr. Bradley explained that the facility has 120 beds and 40 parking spaces. They would like an addition for 60 beds and will comply with the new parking standards for the additional 60 beds, for a total of 70 parking spaces.

Council Member Isom commented that cars park now on both sides of 1250 East, and the City must make sure that residents and visitors of the facility are not parking in the street.

Mayor McArthur advised that it would not be long before parking is completely taken off 1250 East. He suggested that any motion include the condition that the applicant meet current codes and expand the parking, if possible.

Deputy City Attorney Ron Read advised that the ordinance allows discretion. Staff recommends that the additional ten parking spaces will help alleviate some of the existing parking problems.

A motion was made by Council Member Gardner and seconded by Council Member Orton to approve the expanded non-conforming parking as requested. Mayor McArthur called for a vote, and all voted aye. The motion carried.

CONDITIONAL USE PERMIT:
Consider approval of a conditional use permit for a temporary church site for the New Life Christian Center located at 189 W. Tabernacle.

Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held August 12, 2003, recommended approval subject to the lease time frame not conflicting with the parking lot completion. Mr. Bradley explained that the site is the former school district administration building, and the church has leased the north wing of the building. Staff thinks the proposed use would work well with the existing parking.

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

CONDITIONAL USE PERMIT:
Consider approval of a conditional use permit for a preschool in an A-1 zone at 2131 South 3430 East for up to 12 students. Travis and Genevieve Milne, applicants.

Associate Planner Mark Bradley explained that the Planning Commission, at its meeting held August 12, 2003, recommended approval of the request requiring the students to begin preschool in the home and then move out into the accessory building. The Planning Commission felt the accessory building needed to be clearly incidental to the house. He advised that up until now, all preschools within a residential zone have been held within the residence.

St. George City Council Minutes
August 21, 2003
Page Nine

Deputy City Attorney Ron Read advised that the home occupation ordinance requires the use to be in the home initially, and that is why the Planning Commission recommends the preschool begin in the home. This is a legal technicality.

A motion was made by Council Member Whatcott to approve the request subject to the recommendations of the Planning Commission. The motion was seconded by Council Member Isom. Mayor McArthur called for a vote, and all voted aye. The motion carried.

CONDITIONAL USE PERMIT:
Consider approval of a conditional use permit for a preschool in an R-1-8 zone for up to 11 students at 239 South 2040 East Cr. Stephanie Peterson, applicant.

Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held August 12, 2003, recommended approval of the request subject to final inspection once the home is completed, meeting all requirements, and obtaining a business license.

A motion was made by Council Member Orton and seconded by Council Member Gardner to approve the request subject to the recommendations of the Planning Commission. Mayor McArthur called for a vote, and all voted aye. The motion carried.

CONDITIONAL USE PERMIT:
Consider approval of an extension of a conditional use permit for an RV park located at approximately 2580 East and 2000 South. Karl Larson, applicant.

Associate Planner Mark Bradley explained that a year ago the City Council recommended approval of an RV park, but since no work commenced, the conditional use permit expired. The applicant is requesting an extension. The Planning Commission recommended denial finding that no substantial work has been accomplished. There are 374 lots within the project on 37.49 acres. 90% of the required development agreement has been agreed to, but it has not yet been executed.

City Manager Gary Esplin explained that the applicant would still have vesting in the zone, unless the zone were changed before the applicant came in with another plan.

Council Member Gardner commented that a ?no? vote would indicate the City wants the applicant to proceed with the mobile home park, while a ?yes? vote would still allow other options to be pursued.

City Manager Gary Esplin advised that even though work has not commenced on the project, there has been an expenditure of funds, but he stated he did not know whether it was enough to warrant an extension.

Council Member Isom inquired of Mr. Bradley if substantial work on the project had been done.

Mr. Bradley replied that the applicant submitted his grading plan to obtain vesting, but the project cannot be approved without construction drawings. Staff has not seen construction drawings or improvement plans for the site. The applicant has been looking at another site as requested.

Council Member Isom commented it appeared the applicant had done enough work to warrant an extension.

Mayor McArthur explained that the applicant and City Council have talked about moving the RV park to a more appropriate site, as the applicant cannot have RV parks at both locations. If the RV park were moved to another site, the site could possibly be rezoned to a more appropriate zone.

Council Member Gardner made a motion to extend the conditional use permit for one year. The motion was seconded by Council Member Allen.

Karl Larson, applicant, explained that he has an offer pending and has identified two other possible sites. He is requesting the extension in case his offer is not accepted.


St. George City Council Minutes
August 21, 2003
Page Ten

Deputy City Attorney Ron Read suggested that the City Council base their decision on the statements made in Mr. Curtis Jensen?s letter of August 20, 2003 to the City Council, attached hereto as Exhibit ?B?.

Council Member Gardner?s motion was seconded by Council Member Allen. Mayor McArthur called for a vote, and all voted aye. The motion carried.

CONDITIONAL USE PERMIT:
Consider approval of a conditional use permit for a residential treatment facility for up to 80 boys age 12-17 at 249 E. Tabernacle Street.

Associate Planner Mark Bradley advised that the applicant is proposing to convert the Tabernacle Towers building into the Liahona Academy, a residential treatment center for boys. The applicant has submitted a community impact study. The request meets the 30% open space requirement, and the building will be required to meet the building code by changing the use of the building from office to residential. Parking requirements are two spaces per unit, or they may be reduced as part of the conditional use permit depending on the needs of the public and the program. The Planning Commission expressed concern about the program?s proximity to the Montessori School and lack of parking, however, they recommended approval for up to 72 youth, and compliance with all fire and building codes, and re-evaluate the parking prior to City Council meeting. The ages of the youth will be 12 to 17 years of age, and many will not be driving. The number of parking spaces required should be based on the number of staff, visitors, etc., and it would not make sense to require two parking spaces per unit.

Council Member Isom commented she did not think there was anywhere near the needed amount of parking. Mayor McArthur and Council Member Whatcott agreed.

Council Member Whatcott commented that even if only one parking space per every two youth were required, 36 parking spaces would still be needed.

Mr. Bradley explained that one of the proposed parking spaces would be for disabled parking, leaving 33 parking spaces. He stated he felt parking would have a critical impact on the residents and small businesses around the site.

Clayton AhQuin, Program Director for the Liahona Academy, explained that all admissions are screened for safety. The kids come from family-based referrals. The program does not take adjudicated kids, or social system referrals. The kids have academic problems, suffer from depression, substance abuse, poor social skills, etc.
Mr. AhQuin then made a power point presentation on a typical daily schedule. He advised that the teacher to student ratio is four to one, and there is an alarm system on each door and window. Parents are provided with a weekly report and are expected to telephone their child once a week. He then made a power point presentation on the building layout, parking and shift changes. Mr. AhQuin again stated that the program does not take state-ordered or adjudicated kids, and the risk is not high. He has never had a child run or had to use a restraint in two years.
The program works on a level system, and all privileges are based on behavior and levels. Parents are able to visit once a month, and in fact the program does not work unless the parents are involved. Most kids are in the program nine months to a year, with most staying one year. He then made a power point presentation on the management team. Mr. AhQuin advised that the program is also an accredited school, and some graduate high school as well as the program. He then introduced his staff.

Carolle Bell, Clinical Director of Therapy, explained that the kids have just begun to have problems at home and in the community, and have not yet come to the attention of the court system. The boys receive individual, group and family therapy, and skills development service with an emphasis on restoring justice. They also do social service projects.

Brad Christensen, Head School Master, explained the program?s goal is to get the boy back on track, and the program is not a credit mill. The boys are allowed to earn only eight credits in a calendar year and most of the students? goals are to go back home to school.

Ben Harris, with the Clinical Department, advised that the screening process is extensive. He then described the process. The program focuses on substance abuse and behavioral issues.


St. George City Council Minutes
August 21, 2003
Page Eleven

Morris Peacock explained that he was engaged by Liahona to do the community
impact study. He then described the process. The report concludes that while St. George?s resort image is a concern, this program is less visible than other programs on the Boulevard.

Mayor McArthur commented that Liahona?s community impact study was not as detailed as that submitted by Red Rock, and the report pointed out that St. George has 25% of all the youth in treatment in Utah. While he was not trying to take away from the facility nor what it does, if he were in favor of having more youth treatment centers in the community, Liahona would be a great one to have. However, he did not want St. George to become the youth detention capital. There is a synergy between businesses in the downtown which attracts other businesses, and the downtown is a public place, and the proposed treatment center is a closed campus. While the treatment center may improve its own property value, he inquired what it would do to the properties around it. He stated he hoped the community impact statement would have delved deeper into the matter. He stated that perhaps the City should do its own impact study on these types of facilities.
He also cited the effort the City has put into its downtown area with redevelopment, and he was not sure the proposed program enhanced it. While the program may be a good business and well thought-out, it may not be the best for the community and downtown. He stated he also saw major problems with the parking, and while parents coming to visit their children may be beneficial to businesses, hotels and restaurants, it is a minimal impact as the community?s resort image may be tainted, and in his opinion the community impact statement does not cover the impact on the community.

Mr. Peacock replied that while the report may not be as detailed as the Council has seen in the past, it pointed out that tourism may be affected along with the image of the community. He simply gathered data from other individuals, and was not an appraiser, expert realtor, or police officer.

Council Member Orton inquired of Mr. Peacock if this was the first time he had done a community impact study and who he worked with in the City.

Mr. Peacock replied that this was the first time he had prepared a community impact study for a youth program, and he interviewed Bob Nicholson and members of the Police Department. He addressed the issues required by statute.

Mayor McArthur commented that if St. George has 25% of the youth in programs in the State, this would surely justify more than a four page report.

Jerry Jensen advised that he currently managed the Tabernacle Towers building for a group of owners who repossessed the property. The owners are unable to put any money into the property to bring it to standard. Over the years St. George has overbuilt apartments, storage units and office buildings. Removal of this amount of office space would have a positive impact on the remainder of office space within St. George. Staff salaries are also important and would be a positive impact.

Council Member Allen inquired of Mr. Jensen if there were currently tenants in the building.

Mr. Jensen replied that there were tenants with short term leases which would expire soon, and he would assist them with relocation.

Mayor McArthur advised that the City has made a significant investment in the downtown area and the City Council?s decision could not be based on what property owners have done. He inquired if the property were brought up to a higher standard with additional parking or an elevator if this would make the property more valuable.

Mr. Jensen replied that the building is functionally obsolete and would require demolition. The homes around the building are being used for other uses and are old, and this is an opportunity to make beautiful buildings.

Associate Planner Mark Bradley advised that the property is zoned AP, and there are still quite a few residences in the area.

Brian Burton, owner of Godfather?s Pizza and the property on which it sits, advised that he is in the process of evaluating a liquor license, and this would impact his ability to lease the facility in the future.


St. George City Council Minutes
August 21, 2003
Page Twelve

Kim Campbell, an adjacent property owner, distributed an outline in opposition to the request and then reviewed it.

Council Member Allen advised that Mr. Campbell is a member of the Planning Commission, but he stepped down and did not vote on this issue.

Council Member Isom commented that she had to be excused from the meeting, but she was opposed to the request.

Kim Campbell advised that there were only 34 parking stalls on site, and that reason alone was enough for denial.

Associate Planner Mark Bradley clarified that the actual zone of the site was C-4.

Kim Campbell stated that the purpose of a conditional use permit is to provide regulation of land use to assure compatibility and proper integration with land use patterns of the City. This request is not compatible nor harmonious, and other treatment centers within the City do not have residences directly abutting the facilities. The community impact study says the proposed layout will be beneficial by camouflaging it, and the existing block wall and abundant trees and shrubs add to the integrity of the security. He commented that by their own statement the applicants are aware of the non-compatible location. The study says that Liahona intends to avoid a prison-like appearance with no additional fencing, but some of the adjoining residences and businesses have only a 4' fence between them which is not an adequate deterrent or protection for the neighbors. There are risks to the adjacent owners and property values will be decreased. This type of facility requires liability insurance. No one wants to do business or live next to a place where police assistance may be required, and each youth is in trouble and not happy about being removed from his home. The east stairway is not enclosed and not fire rated. This is a code violation and places them at risk in case of a fire. He also expressed concern that the windows were fire-rated, and on three sides the building is only 5' away from the property lines. Fire-rated windows are not operable and a residential treatment facility is required to have windows for all treatment rooms. The City Council should be committed to preservation and renovation of the downtown, and a ?no? vote is simply a recognition that the facility should be located where there is adequate parking and there are no residences adjacent to the property. Mr. Campbell clarified that the State Code requires that each room have a window, but if the building is too close to the property line, it cannot have windows. The windows on the outside walls are non-operable, with steel frames and wire glass.

Laura Bergeson and Julie Wand, operators of the Montessori School around the corner from the proposed facility, advised that their school is less than 400' from the northeast corner of the property to the southeast corner of the school walking through the street. The school is less than 150' if one cuts through the property. They expressed concern about the safety of their students, and while the applicants say they only take children who have not been adjudicated or through the court system, this is not who they are advertising for. She advised that the Montessori School has been educating children in St. George since 1984 and has been a long-time contributor to the community. Ms. Bergeson commented that the reason Liahona will be a secure facility is because the youth are troubled and the Liahona Academy, according to their website, does not guarantee against accidents, sexual activity or use of illegal substances. She commented that while Liahona says they will not take youth who have been mandated to the program by the court, they cannot assure that they will not be taking youth who have not been in the court system at all. Approval of the Liahona Academy would severely limit the peace of mind and opportunity to provide safety for the children of the Montessori School. She strongly suggested the request be denied.

Lorraine Blanch explained that she rents the Seegmiller home and has lived there ten years. Mr. Seegmiller was not notified of the Planning Commission meeting. She stated she wanted to be assured use of the property by Liahona would not be detrimental to her use of her backyard, or to the safety or welfare of the citizens. She stated she would like to continue to have the opportunity to use her backyard without worrying about the schedule of the youth in the facility or hearing foul language. She commented there was not enough parking at the facility.

Jim Boone advised that he worked for Cinnamon Hills which has 125 youth in the program, 204 employees, and 90 parking stalls, and it is difficult to find parking.
He advised that if there are not enough parking stalls for the employees, they park in other places, and Liahona?s parking problems would be even worse.

St. George City Council Minutes
August 21, 2003
Page Thirteen

Dorothy Norton, a member of the Neighborhood Enhancement Committee, commented that in trying to make the downtown better, the General Plan states that the central City area contains many nice neighborhoods which are facing threats to their livability, including an increase in the number of group homes. The Neighborhood Enhancement Committee has been in favor of the General Plan and would like to see it followed and the application denied as it is not in the best interests of the downtown area.

Jared Bowler, representing one of the short-term lessees in the Tabernacle Towers building, advised that his lease runs until April, 2004. He advised that David Watson, the previous owner and manager of the building, advised him he had no problem filling the building with viable businesses. Mr. Watson also had huge problems with the parking. There is not sufficient parking for an office building, and there is no way there would be sufficient parking for a residential treatment center. He stated he felt it would be shortsighted to grant the conditional use permit. Additionally, he was never been contacted about moving, and no one has made attempts to help him relocate to another office. He expressed concern about the effect the treatment center would have on St. George?s image, and one of his clients in New York already refers to St. George as having all the golf courses and youth prisons in the State of Utah. He stated that maintenance issues at the building stem from poor management, and it would not take much to make the building the best in St. George. He stated he felt a residential treatment facility at the proposed location was inconsistent with the General Plan, and while granting the conditional use permit may be the right thing to do, it is in the wrong place. The parking issues alone should be enough basis to deny the request. There are currently five tenants in the building who would have to relocate.

Ross Taylor, a member of the Neighborhood Enhancement Committee, distributed a summary sheet and reviewed it. He commented that the site is only 6/10 of an acre, including all green space, and is too small for the facility.

Gary Colf commented that the City did not need any more residential treatment facilities, especially in the downtown area. He stated that location of this facility next to his business and apartments would make it difficult for him to rent his apartments. He stated he did not feel good about the proposal and felt the facility would negatively affect his property values.

Greg Stevens commented he did not feel residential treatment facilities should be allowed on the Boulevard or in a commercial area where homes should be, and if the City approves any more they should be located in the industrial park area.

Curtis Jensen, representing the applicant, distributed a letter, attached hereto as Exhibit ?C?, and advised that his clients have done everything needed to comply with the conditional use permit process. The subject site is zoned C-4, and they have met or exceeded all standards. His clients have met with staff regarding the parking and he thought all of the issues had been addressed. Liahona Academy cannot be compared to other residential treatment facilities as it is totally different because of its students and its structure. He stated that it takes more than an economic impact to make a wonderful community, and the applicants are service-minded. All staff are qualified and trained, and the Fire Marshall has approved the project. The facility will have a positive impact on the community, and under the City?s own ordinance this type of facility is allowed. As protection, if the conditional use permit is not complied with or followed, it can be revoked. There are also stringent State requirements which must be adhered to, and Liahona Academy is a family-owned business and has a genuine concern for the kids to see them succeed. Even more important are the sheer economics because if the standards are not maintained, they will not be in business.

Mayor McArthur commented he still felt the community impact study was inadequate and did not cover the issues.

Fire Chief Robert Stoker advised that the Fire Marshall did meet with the applicants and he has code concerns, and has not passed off the facility, although he said it was possible the planned use could work at the site. His main concerns are driveway access and the windows on the north side. Code says that if the driveway is over 150', a turnaround at the end must be provided. The driveway is 200', and he doubted this would work for Fire Department purposes.




St. George City Council Minutes
August 21, 2003
Page Fourteen

Clayton AhQuin, applicant, advised that he met with the Fire Marshall and the old windows will be taken out and new ones installed. Smoke detectors will also be installed. The building is already equipped with sprinklers.

Chief Stoker advised he did not know if the windows could be replaced, as the edge of the building is within 5' of the property line and that is the reason fire glass was installed. If they are replaced, they would be in violation of State Code.

Mr. AhQuin advised when this building was originally selected, he met with the Fire Marshall and he did not mention anything about the windows. Not being able to change the windows is news to him.

Chief Stoker advised that all dorm rooms would have to be on the south side of the building where there are operable windows.

Council Member Whatcott commented that while he was 100% in favor of the Liahona Academy and what it is doing, he feels the location is wrong. The City is trying to revitalize its downtown, and this is not the right location.

Council Member Allen commented that she felt the proposed use did not fit the location.

Council Member Orton agreed that while the program is great, it is proposed for the wrong location.

A motion was made by Council Member Allen and seconded by Council Member Orton to deny the request.

Deputy City Attorney Ron Read advised that the City Council needed to make a clear distinction on why it was denying the request, i.e. lack of parking, building code problems, safety concerns, no turnaround for fire trucks, General Plan concerns, etc.

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

Council Member Allen agreed to include the language suggested by the Deputy City Attorney in her motion. Council Member Orton, who seconded the motion, also agreed.

Mayor McArthur called for a five minute break.

MAINTAIN LANDSCAPE STRIP:
Consider a request for the City to maintain a landscape strip on Snow Canyon Parkway at the Skyline Ridge Subdivision. Joseph Venuti/J. Venuti, Inc., applicant.

City Manager Gary Esplin explained that the applicant?s subdivision is very small with only eleven lots and fronts Snow Canyon Parkway. The landscaping plan has been approved by staff and is similar to that currently being maintained by the City along Snow Canyon Parkway. Because the applicant is so far along in the process, staff recommends approval. He suggested, however, that the City Council not approve any other requests, other than the two on this agenda, in order to determine how to fund the maintenance long term.

Council Member Allen commented it was important that staff understand the City Council would not approve any other requests until a funding solution had been reached.

Glen Bundy commented that the City should not be in the business of gardening all over the City at the taxpayers? expense, and everyone should take care of their own landscaping.

Council Member Orton replied that staff is maintaining the landscaping at the request of the City Council, as landscaping on the outside of subdivisions beautifies the City.

Mr. Bundy commented he would like to see the cost of maintaining the landscaping strips.

City Manager Gary Esplin replied that this is exactly what staff is now trying to do.


St. George City Council Minutes
August 21, 2003
Page Fifteen

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

Council Member Orton - aye
Council Member Gardner - aye
Council Member Allen - aye
Council Member Whatcott - no

The motion carried.

REQUEST TO MAINTAIN LANDSCAPE STRIP:
Consider a request to maintain a landscape strip along 2450 South for the Jedora subdivision. Riggs Family Development, LLC, applicant.

City Manager Gary Esplin advised that the landscaping plan meets all City standards and has been approved by staff.

Glen Bundy commented he was opposed to this request.

Council Member Whatcott commented that while the project is great and he has nothing against it, he felt the City was preliminary in what it was doing until it had the hard facts on what it will cost to maintain the landscaping. He suggested that perhaps the matter should be put to a referendum, as the citizens are the ones paying for it.

Council Member Gardner commented that the City has not been successful in coming up with the right mechanics to fund the maintenance of the landscaping strips, and the landscaping strips do set the tone for the community. The City Council has agreed that it will maintain landscaping on 80' rights-of-way as everyone travels them and they are the community?s responsibility and it is important that they are maintained properly.

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

Council Member Gardner - aye
Council Member Allen - aye
Council Member Orton - aye
Council Member Whatcott - no

The motion carried.

FINAL PLAT:
Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held August 12, 2003, recommended approval of the final plat for Skyline Ridge Phase 1. Joseph Venuti is the applicant. He explained that since the City will be maintaining the landscaping strip, the applicant would like to dedicate it to the City and not show it as part of a lot on the plat.

A motion was made by Council Member Orton and seconded by Council Member Gardner to approve the final plat and authorize the Mayor to sign it. Mayor McArthur called for a vote, as follows:

Council Member Orton - aye
Council Member Gardner - aye
Council Member Allen - aye
Council Member Whatcott - no

The motion carried.

DONATION AGREEMENT:
Consider approval of a donation agreement for donation of property to the City from Black Ridge Development.

City Manager Gary Esplin advised the donation consists of 2.816 acres of land on Black Ridge Drive.

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

St. George City Council Minutes
August 21, 2003
Page Sixteen

RIGHT-OF-WAY ASSIGNMENT:
Consider approval of a right-of-way assignment of BLM rights -of-way to UAMPS.

City Manager Gary Esplin explained that the City would like to assign its power line easement from the BLM to UAMPS. In exchange UAMPS will pay the City for the cost of the line ($600,000).

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

AGREEMENT:
Consider approval of a payment agreement with UAMPS for assignment of a power line easement.

City Manager Gary Esplin advised that the agreement is with UAMPS for assignment and payment for the power line easement.

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

CONSERVATION REBATE PROGRAM:
Consider approval of a conservation rebate program for restaurants.

Conservation Coordinator Ren? Fleming advised that water usage is down 7% this month through the first 20 days in August. The power peaks have also been low because of cloud coverage. She explained that many restaurants leave their water running constantly due to cross-contamination concerns, and a foot pedal would allow employees to operate a tap with their foot, thereby decreasing water use by a significant amount. This is a win-win for restaurants by reducing their water and sewage costs which are based on consumption.

Council Member Whatcott and City Manager Gary Esplin suggested that ice machines be looked at also, as water cooled ice machines also require the water to be running all day long.

A motion was made by Council Member Orton and seconded by Council Member Whatcott to approve the conservation rebate program for restaurants. Mayor McArthur called for a vote, and all voted aye. The motion carried.

Ms. Fleming advised that the rebate amount is $150 for each water saving device.

INSTALL IRRIGATION LINE:
Consider approval to install irrigation line in Bloomington Hills.

City Manager Gary Esplin explained that in 2001 a water tank and pump station were built as part of the Bloomington Hills irrigation project, but at the time an easement could not be obtained because of bankruptcy. The developer is now working with the City in order to run an irrigation line to the St. George Golf Course pond in order to increase capacity.

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

PAYMENT FOR CONNECTION TO SAND HOLLOW WELL:
Consider approval of a payment to the Washington County Water Conservancy District for connection to the Sand Hollow well.

City Manager Gary Esplin explained that the Washington County Water Conservancy District has constructed a 36" line from the Sand Hollow well field to connect to the City?s water treatment plant, and it is appropriate that the Water District be paid for this line.

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


St. George City Council Minutes
August 21, 2003
Page Seventeen

APPROVAL OF CONTRACT:
Consider approval of a land and water conservation fund contract.

City Manager Gary E