City Council Minutes

Thursday, May 15,2003



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
MAY 15, 2003, 4:00 P.M.
CITY COUNCIL CHAMBERS

PRESENT:
Mayor Daniel McArthur
Council Member Rod Orton
Council Member Suzanne Allen
Council Member Bob Whatcott
Council Member Larry Gardner
City Attorney Shawn Guzman
City Recorder Gay Cragun
Assistant to City Manager Marc Mortensen

EXCUSED:
Council Member Sharon Isom
City Manager Gary Esplin

OPENING:
Mayor McArthur called the meeting to order and welcomed all present. The pledge of allegiance was led by Council Member Gardner and the invocation was offered by Mayor McArthur.

PROCLAMATIONS:
Mayor McArthur read and signed a proclamation designating the week of May 18-24 as National Public Works Week. He then read and signed a proclamation designating the week of May 12-18 as St. George Toastmaster Club Week.

PRESENTATION:
Joseph Ray Anderson, representing the Utah Local Governments Trust, presented a first place award to City employee Weston Albrecht for the 2003 Truck Roadeo.

ANNOUNCEMENTS:
Terry Hawks and John Belnap, representing the Red Rock Center for Independence, announced that the Red Rock Center would be the host and sponsor of an ADA celebration on July 23.

Brent Bennett, Director of the Southwest Science Foundation, announced that a replica of the Wright Flier will be at the St. George Airport May 30-31 and will make a flight if weather permits.

TABLE ITEM:
City Attorney Shawn Guzman advised that Item 6AE, to consider an appeal of a taxicab driver license denial, will be tabled from the agenda at the request of the applicant.

CONSENT CALENDER:
Consider approval of the financial statement for April, 2003.

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

AWARD OF BID:
Consider award of bid for wellhouses for Gunlock wells.

Purchasing Agent Sue Swensen presented two bids received:

Trade West Construction $35,595
ISRP $55,700

She recommended award of the bid to the low bidder, Trade West Construction, in the amount of $35,595 each for three wellhouses.

A motion was made by Council Member Whatcott and seconded by Council Member Gardner to award the bid to the low bidder, Trade West Construction, in the amount of $35,595 each for three wellhouses. Mayor McArthur called for a vote, and all voted aye. The motion carried.

Water Services Director Barry Barnum then updated the City Council on the laying of pipeline in this area. Completion of the entire project is projected to be within 45 days.




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May 15, 2003
Page Two

AWARD OF BID:
Consider award of bid for the Valley View Drive project.

Purchasing Agent Sue Swensen presented three bids received:

Trade West $54,907
Western Rock Products $51,988
L&M Gen. Eng. $65,906

She recommended award to the low bidder, Western Rock Products, in the amount of $51,988. The project consists of widening the road and installation of 260 feet of diamond block.

A motion was made by Council Member Orton and seconded by Council Member Gardner to award the bid to the low bidder, Western Rock Products, in the amount of $51,988. Mayor McArthur called for a vote, and all voted aye. The motion carried.

Council Member Whatcott inquired whether allegations of non-payment by the low bidder on other projects had been investigated and resolved.

City Attorney Shawn Guzman replied that an investigation was conducted and everyone had been paid.

Council Member Orton stated that he would add to the motion for approval the condition that the City follow up on this further before awarding the bid. Council Member Gardner agreed to this additional provision in his second to the motion. Mayor McArthur again called for a vote, and all voted aye. The motion carried.

RESOLUTION:
Consideration and adoption of a resolution authorizing and approving the execution by said City of a first amendment to Sublease Agreement amending the Sublease Agreement by and between said City and Washington County (the "County"); authorizing and approving certain actions to be taken by the Washington County/St. George Interlocal Agency, Washington County, Utah, (the "Agency") in connection with the financing of the 2003 Project, including, among other things, the execution and delivery and performance of a First Supplemental Indenture; authorizing the issuance and the sale of its Lease Revenue Bonds, Series 2003, and related matters.

City Attorney Shawn Guzman explained that this resolution was needed to facilitate the issuance and sale of bonds for purchase of property adjacent to the Dixie Center, as discussed with the City Council previously.

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

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

The vote was unanimous and the motion carried.

RESOLUTION:
Consider approval of a resolution declaring the City?s intention to reimburse expenditures relating to expansion of the Quail Creek Treatment Plant from bond funds.

Water Services Director Barry Barnum explained that in order to capitalize engineering costs and pay them out of bond funds, the City must declare its intention to do so. The City can also go back 90 days from the date of the resolution and reimburse itself for any money spent on engineering.

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

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

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May 15, 2003
Page Three

The vote was unanimous and the motion carried.

FINAL PLAT:
Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held May 13, 2003, recommended approval of the final plat for Bellsera Townhomes at Sunbrook Phase 3.

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

CONDITIONAL USE PERMIT:
Consider approval of a conditional use permit for a new bank building with a height up to 45 feet at 120 East St. George Blvd. Sun First Bank, applicant.

Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held May 13, 2003, recommended approval, recognizing that the height of the three story building will be 46' from the grade of the sidewalk.

Council Member Whatcott inquired why the building was set on an angle.

The architect of the project replied that the reason the building was put on an angle was to facilitate traffic flow from 100 East and to free up more green space and pedestrian space.

Associate Planner Mark Bradley commented that the building is quite large for the site, and minimum parking requirements are being provided. Underground parking will be provided in this area. An agreement has been reached with Washington County for joint use of an exit, but this is a tight radius and will cause challenges, as will the tight situation with parking.

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

CONDITIONAL USE PERMIT:
Consider approval of a conditional use permit for an addition to an existing garage with a 21 foot overall height at 3550 Sugar Leo Drive. Richard Lewis, applicant.

Associate Planner Mark Bradley advised that the Planning Commission recommended approval.

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

REQUEST TO TEMPORARILY CLOSE STREET:
Consider a request to temporarily close a street for the Brigham Young birthday celebration. Church of Jesus Christ of Latter-Day Saints, applicant.

Marc Mortensen, Assistant to the City Manager, explained that the applicant would like to close 200 North at the roundabout to 100 West on May 31 from 7:00 a.m. to 6:00 p.m. 1000 people are expected, 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.

APPEAL OF TAXICAB LICENSE DENIAL:
Consider appeal of a taxicab driver license denial.

This item was tabled at the applicant?s request.

AIRPORT CONCESSION AGREEMENT:
Consider approval of a concession agreement for Santos Coffee dba The Bean Scene to open a coffee cart at the airport.

Airport Manager David Ulane recommended approval of the agreement in order to improve customer service and increase revenue, subject to review by the City Attorney.


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May 15, 2003
Page Four

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

AIRPORT LEASE AGREEMENT:
Consider approval of an operating and lease agreement with Joseph Venuti to open an FBO at the airport.

Airport Manager David Ulane explained that Skywest owns the facility out of which Aero West operates, and in February Aero West was served with a notice of intent to terminate the lease. Skywest opted to sell to Mr. Venuti who will start up a new FBO, Million Air. This transition to a more well-known operator is a huge coup for the community. Building improvements will be significant.

Mr. Venuti introduced himself and advised that fuel is currently $2.75 a gallon, with a local discount of 10%. He explained that courtesy cars will be provided, as well as snooze rooms for the pilots, briefing and planning rooms, and access to the internet for pilots.

David Ulane suggested that approval of the agreement be made subject to review by the City Attorney.

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

DESIGNATE ALTERNATE REPRESENTATIVE TO UAMPS:
Consider designation of an additional Alternate Representative to UAMPS.

Marc Mortensen, Assistant to the City Manager, advised that it is recommended Laurie Mangum be designated as an Alternate Representative to UAMPS.

A motion was made by Council Member Allen and seconded by Council Member Whatcott to designate Laurie Mangum as an Alternate Representative to UAMPS. Mayor McArthur called for a vote, and all voted aye. The motion carried.

PUBLIC HEARING/ORDINANCE:
Public hearing to consider amendments to Chapter 19 of the Zoning Ordinance regarding various permitted and conditional uses in the C-1, C-2, C-3 and C-4 zones. St. George City, applicant.

Marc Mortensen, Assistant to the City Manager, explained that this item is a continuation of the April 17 public hearing.

Mayor McArthur expressed concern that residential and commercial uses were being mixed in the area of the College because of possible conflicts.

Council Member Orton suggested that these uses be reviewed once a year and commented that conditional use permits can be amended at any time.

Associate Planner Mark Bradley then reviewed the proposed changes to the ordinance.

City Attorney Shawn Guzman advised that a conditional use usually means a use not normally conducive to that zone, and the City Council can place specific conditions on the property to be in harmony with the zone.

Mayor McArthur opened the public hearing.

Carol Sapp, representing the Southern Utah Homebuilders Association, commented that new urban planning mixes retail projects with residential units, and this is something which is extremely upscale. The Gateway Center is currently implementing this. A conditional use permit could allow resort residential in certain circumstances along with retail areas, and this would be a great asset to the retail area by bringing evening traffic to the downtown area. She suggested that exceptions be left in the ordinance for this purpose.

Glen Bundy expressed concern that the proposed ordinance prohibited certain things in certain areas.



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May 15, 2003
Page Five

Doug Terry, representing Sunset Plaza LLC, Dean Terry Investments LLC, and several property owners in the Sunset Plateau Subdivision, expressed concern with the location of large animal vet clinics, and advised that the one currently located on Dixie Drive is a detriment to surrounding development and is not appropriate, even as a conditional use permit. He stated he failed to see how a large animal clinic or hospital would meet the criteria of a C-2 zone, and they should be located only in C-3 zones. As a compromise he suggested modifying the proposed language to prohibit overnight boarding of large animals, even as a conditional use permit.

Mayor McArthur commented that overnight observation is important in the care of animals, and is usually short term.

Mr. Terry disagreed and commented that a line had to be drawn as the result to the surrounding property owners creates a problem and is not appropriate for the zone.

Council Member Orton commented he could not disagree more, and that it would not be appropriate to force veterinarians into AG zones. He stated he did not think locating large animal vets in commercial zones was out of line, as that is where they need to be to do business.

Doug Terry commented that when drafting an ordinance all things that might happen have to be considered, and if the ordinance as drafted is approved, pigs would be allowed overnight at large animal vet clinics because they are defined as ?large animals.? He advised that Craig Brinkerhoff?s vet clinic was denied a conditional use permit for large animals, and has been in non-compliance ever since.

Glen Bundy commented that R-1-10 zoning has sprung up all around Max Brinkerhoff?s vet clinic in Little Valley, and he expressed concern that Dr. Brinkerhoff might some day be forced to move out of the area.

City Attorney Shawn Guzman explained that legal uses would be grandfathered in, but non-permitted uses would not be able to expand.

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

Council Members suggested a few minor corrections to the ordinance.

A motion was made by Council Member Orton to approve the ordinance. The motion was seconded by Council Member Whatcott.

Council Member Gardner commented he could support the motion if a landscaping rock business could be made a conditional use in C-3 and C-4 zones.

Council Member Whatcott replied that a landscape rock business does not fit the definition of a C-4 zone.

Associate Planner Mark Bradley advised that Sunset Blvd. is zoned C-3, and C-4 zoning is for a central business district.

City Attorney Shawn Guzman inquired if there was another commercial zone where landscaping rock might fit, other than the zone which now allows it with a conditional use permit.

Mr. Bradley replied that there was not, and that the C-3 zone would be the most practical. The C-2 zone is becoming more restrictive as far as uses, as the City Council has said it wants more grasp on the types of uses within the C-2 zone.

City Attorney Shawn Guzman advised that a large animal vet clinic would fit within the definition of a C-3 zone as opposed to landscape rock sales.

Council Member Gardner suggested that storage units be made a conditional use in C-2 zones.

Council Member Whatcott commented that the purpose of a C-2 zone is to promote the appearance and beauty of roadsides.

Council Member Orton offered an amendment to his original motion to include storage units as a conditional use in C-2 zones. The motion was seconded by Council Member Whatcott. Mayor McArthur called for a roll call vote, as follows:




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May 15, 2003
Page Six

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

The vote was unanimous and the motion carried.

Mayor McArthur advised that this ordinance would be reviewed on a yearly basis.

PUBLIC HEARING/AMEND GENERAL PLAN LAND USE MAP/ORDINANCE:
Public hearing to consider amendments to 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.

Associate Planner Mark Bradley advised that this matter came before the Planning Commission on April 8. The Planning Commission felt the area proposed for re-designation was too large to undertake at one time, and requested that the area be broken into four smaller areas. The Planning Commission recommended approval of the request for the subject site. There is currently R-3 zoning on the site which supersedes the General Plan. The applicant is requesting a change from low density to high density residential, and to change low density residential to commercial zoning around the UAMPS substation site. He displayed a slope map and showed slides of the area. When the matter was considered by Planning staff, staff had strong concerns about the proposal because of the overall density in the general area and traffic. Staff is also concerned about the hillside. The General Plan states that hillsides should remain low density. Staff?s recommendation is that the area remain low density for public safety reasons and aesthetic qualities of the hillside.

Council Member Whatcott suggested that whenever the General Plan is changed, staff should take the next step and change the zoning too. If there is no follow-through, the General Plan does not have a lot of meaning.

Randy Simonsen, applicant, advised that residential is not desired near the substation, and the project is landlocked behind R-3 development. It would be difficult to develop low density residential when a large area of R-3 is in front of the project. He stated he wanted to rezone seven acres to high density, and no more units than allowed will be put on the hillside. He requested permission to move R-3 zoning from one parcel to another and for a commercial designation around the substation. 8.5 acres is designated as Open Space, and it is his intent to donate property to the City once it is decided what can reasonably be developed. The steeper areas are difficult and expensive to develop. The City will have control with a PD project, and a property donation will provide him with tax advantages. He stated he was just trying to make the best of the property.

Mayor McArthur opened the public hearing.

Wilford Day advised that he has lived on Foremaster Ridge for seven years and opposes the proposal. The commercial zone does not have access to an existing street and is on a steep hillside. The six acre piece has a flood channel and wetlands, and the UAMPS substation cannot be categorized with retail. The proposed retail zone is isolated and is spot zoning. The overall proposal does not make sense. He then distributed a hand-out and reviewed it. He stated he did not want ugly businesses below his home, nor noise or bright lights or the congestion of a commercial area. The traffic over the hill is already dangerous, and he suggested that Riverside Drive be completed and a tunnel constructed under Foremaster Ridge. He stated that St. George City has a comprehensive General Plan which clearly addresses the issue, and he then read from it. He stated the zone change proposal was ill conceived and contrary to the General Plan, and constitutes blatant disregard for the rights and feelings of the neighborhood and detrimental to the entire area.

Karen Mehrs commented that she was concerned about the traffic and crime potential.

Doug Rogers, representing R&D Development, the developers of Foremaster Ridge, expressed concern that traffic will be dramatically increased. He stated that any student housing should be located by the College. He recommended denial of the request. He stated he was opposed to the commercial and R-3 zoning proposal.

Council Member Gardner commented that he could not envision any residential next to the substation, and to him commercial fits.

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May 15, 2003
Page Seven

Mr. Rogers commented that when Mr. Simonsen first looked at the property, he talked about putting in amenities (clubhouse, pool) around the substation with a landscape buffer between the substation and residential.

Karen Baca, a resident of Foremaster Ridge, advised that she sent a letter to the City in opposition to the proposal. She stated that once the beauty of the terrain is dug into, it cannot be replaced.

Kathy Maya, a resident of Foremaster Ridge, expressed concern with the traffic over Foremaster Ridge and for the safety of the children in the area.

Council Member Gardner inquired of Public Works Director Larry Bulloch if the timetable for completion of Riverside Drive could be accelerated sooner than five years.

Mr. Bulloch replied that there is little potential for development along the road adjacent to the flood plain, which would mean the City would have to carry a greater burden to build the road. This would also have to be weighed with all the other pressures the City has.

Mayor McArthur inquired of Mr. Bulloch where in the five year plan the Riverside Drive project was scheduled.

Mr. Bulloch replied that it was four years out.

Mayor McArthur commented that it is the City Council who determines the priorities, as long as funds are available.

Council Member Gardner commented that even if the road around the south end of the ridge were completed, people would still take the shortest route.

Mr. Bulloch commented that the new road would divide the traffic, and people traveling to Bloomington Hills would take the new route, and people going to the college would still travel over the ridge.

Doug Rogers commented this was his concern, that students will still go over the top of the ridge, and the City did not put any money into the road from the intersection near Harmons to the other side. 100% of this cost was borne by R&D Development.

Patricia Southard commented that the wash at the bottom of the hill seemed like a natural walkway and she suggested that it be exchanged and used for a different purpose. She stated it was inappropriate to take a hillside and turn it into student housing.

Tom Colburn expressed concern with the aesthetics and appropriateness of the housing and traffic. He pointed out that every student has a stereo and this noise will echo cross the hill and funnel up to the homes on the ridge.

Randy Simonsen commented that some of the property is already zoned R-3, and he is not requesting anything that is not already there. He is simply requesting to move the number of units which would be by the substation. The residents of Foremaster Ridge would have to walk out to the edge of their properties and look down to see the project. The project will not have a major impact on the residences on the hill other than a potential increase in traffic, and the major solution to the traffic is completion of Riverside Drive. He stated he was open to suggestions if anyone had a better suggestion for use of the property around the substation, and he wished he could afford to put in a park. He is willing to look at trades with the City, and he is willing to work with the City to have as little impact on the hillside as possible, but he has to recoup his investment.

Doug Rogers commented that residents of Foremaster Ridge purchased their lots so they could walk out to the edge and look. He suggested the City look at the General Plan and eliminate the present R-3 zoning and stick to low density zoning. He stated that a nice condo project with good landscaping would not be objectionable to anyone.

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

Council Member Gardner suggested a site visit.

A motion to table the request in order to make a site visit was made by Council Member Orton and seconded by Council Member Allen.

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May 15, 2003
Page Eight

A site visit was scheduled for May 22 at 4:00 p.m.

Mayor McArthur advised that this item will be moved to the next regular City Council agenda.

Council Members Orton and Allen agreed to include this provision in their motion.

Council Member Whatcott again expressed concern that the City must now take a look at areas which in the past have been overlooked, such as the subject property, which is zoned contrary to what the City has been trying to accomplish. This is a major concern and puts more responsibility on staff to be proactive in looking at areas of potential development so that the City Council is not stuck in a situation where it has no choice. While it is not fair to have individuals who move here from California stop everyone else from moving here, and the City is doing the best it can with the staff it has, it needs to be more proactive.

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

EXECUTION OF DEED:
Consider approval of execution of quit-claim deed from the City to Quality Development, LC of 1.125 acres.

City Attorney Shawn Guzman explained that the subject property is a parcel purchased from Little Valley Properties nine months ago, and not all of the legal description was recorded and the City inadvertently obtained extra acreage.

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

Council Member Orton requested a report from staff on why nothing has been done on the equestrian trail in the Royal Park area.

APPROVAL OF MINUTES:
Consider approval of the City Council work meeting minutes of April 24, 2003.

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

Consider approval of the minutes of the regular City Council meeting held April 17, 2003.

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

ADJOURN TO EXECUTIVE SESSION:
A motion to adjourn to an executive session to discuss property purchase was made by Council Member Allen and seconded by Council Member Orton. Mayor McArthur called for a roll call vote, as follows:

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

The vote was unanimous and the motion carried.

Council Member Gardner was excused from the meeting.

RECONVENE:
A motion to reconvene was made by Council Member Allen and seconded by Council Member Whatcott. 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 personnel and litigation was made by Council Member Allen and seconded by Council Member Whatcott. Mayor McArthur called for a roll call vote, as follows:


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May 15, 2003
Page Nine

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

The vote was unanimous and the motion carried.

RECONVENE AND ADJOURN:
A motion to reconvene and adjourn was made by Council Member Allen and seconded by Council Member Orton. Mayor McArthur called for a vote, and all voted aye. The motion carried.

_________________________________
Gay Cragun, City Recorder