City Council Minutes

Thursday, July 19,2001



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
JULY 19, 2001, 4:00 P.M.
CITY COUNCIL CHAMBERS

PRESENT:
Mayor Daniel McArthur
Council Member Sharon Isom
Council Member Rod Orton
Council Member Suzanne Allen
Council Member Larry Gardner
Council Member Bob Whatcott
City Manager Gary Esplin
City Attorney Jonathan Wright
City Recorder Gay Cragun

CALL TO ORDER:
Mayor McArthur called the meeting to order and welcomed all in attendance. The pledge of allegiance was led by Gay Cragun, and the invocation was offered by Council Member Suzanne Allen.

Council Member Gardner arrived.

RECOGNITIONS:
Mayor McArthur recognized the firefighters who assisted in the recent fire along the Virgin River. He also recognized Wilma Courtney and Noma Clark, who took it upon themselves to supply the firefighters with water donated by many entities in the City. He then presented Ms. Courtney and Ms. Clark with keys to the City.

Council Member Whatcott arrived.

REPORT ON FIRE:
Fire Chief Robert Stoker reported that the recent fire was initially reported as a small brush fire, but it grew quickly moving at a rate of 15-20 mph and soon overwhelmed the City’s firefighting resources. Chief Stoker reported there was no way to stop the fire, therefore the main goal was to protect the homes on the south side of the Virgin River. Firefighting assistance was received from Washington, Ivins, Santa Clara, Hurricane, Leeds, Hildale, BLM, and the Forest Service. The BLM and Forest Service provided two small planes, a helicopter, and a large water bomber out of Cedar City. If not for these aircraft and the assistance from other entities, homes would have been lost. Help was also received from many citizens who provided hoses and manpower. There were no injuries, but some minor damage to a few homes in the St. James area. 120 firefighters battled the fire, which included 50 of St. George City’s firefighters and 60 from the BLM and Forest Service. Chief Stoker advised he is still following up on leads to the origin of the fire, but at the current time there are no suspects.

SCHOLARSHIP PRESENTATION:
Valorie Topham, President of the Utah Municipal Clerks Association, presented Bonnie Prisbrey with a $500 scholarship on behalf of UMCA and wished her success in her career.

NATIONAL NIGHT OUT AGAINST CRIME:
Sergeant Craig Harding introduced Kelly Hines, Director of the local Mobile Watch volunteer program, and advised there are currently 100 active members in the community. Mobile Watch is also a sponsoring the yearly National Night Out Against Crime event in the community.

Ms. Hines explained the reasons for the National Night Out Against Crime with participation by the City, County, SERT program, Fire Department, National Guard, Highway Patrol and Mesquite PD. 25% of the proceeds raised from the booths and activities at Worthen Park on August 7 from 6:00 to 9:00 p.m. will go to the Mobile Watch program. She explained that the Mobile Watch program consists of volunteer citizens who are trained by the PD to patrol their own neighborhoods.


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July 19, 2001
Page Two

Sergeant Harding advised that Mobile Watch volunteers donate 300-500 hours per month and provide their own vehicles and gasoline.

INTRODUCTION OF SCOUTS:
Mayor McArthur invited Scouts from Troops 521, 614, and 413 to introduce themselves.

AWARD OF BID:
Consider award of a blanket purchase order for S & C pad-mounted switch gear for the Power Department.

Purchasing Agent Sue Swensen recommended award of a blanket purchase order to Western States/Peterson Company, the only supplier of the switch which meets City specs. She recommended award of a blanket purchase order in an amount not to exceed $255,000 for the year. This amount represents only a 3% increase to the previous three-year old bid.

A motion was made by Council Member Isom and seconded by Council Member Allen to award a blanket purchase order in an amount not to exceed $255,000 for the year to Western States/Peterson Company for purchase of S&C pad-mounted switches for the Power Department. Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

AWARD OF BID:
Consider award of bid for the purchase of chip seal oil for the Streets Department.

Purchasing Agent Sue Swensen advised the City received two bids for chip seal oil as follows:

Crown Asphalt $75,173
Copperstate Emulsions $77,978.80

She recommended award to the low bidder, Crown Asphalt, in the amount of $75,173.

A motion was made by Council Member Gardner and seconded by Council Member Isom to award the bid to the low bidder, Crown Asphalt, in the amount of $75,173.

Council Member Whatcott inquired why mobilization costs were more than the engineer’s estimate.

Assistant City Engineer Steve Perry replied that one bidder’s unit prices may be higher with lower mobilization costs, while another bidder’s unit prices may be lower and mobilization costs higher; it is entirely at the bidder’s discretion. He commented that the bottom line was that the low bid was close to the engineer’s estimate.

Mayor McArthur called for a vote, as follows:

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

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July 19, 2001
Page Three

The vote was unanimous and the motion carried.

RESOLUTION:
Consider approval of a resolution authorizing and designating Gary S. Esplin as the official representative for the Utah State Agency for Surplus Property Program.

City Manager Gary Esplin advised this was a housekeeping item, and a representative from the City must be designated every two years in order to participate in the program.

A motion was made by Council Member Gardner and seconded by Council Member Whatcott to designate Gary Esplin as the City’s representative for participation in the Surplus Property Program. Mayor McArthur called for a roll call vote, as follows:

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

The vote was unanimous and the motion carried.

RESOLUTION:
Consider approval of a resolution abandoning a portion of the limited common areas at Sun River Phase I, Plat I-A.

City Manager Gary Esplin explained the applicants would like to combine several lots into one lot.

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

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

The vote was unanimous and the motion carried.

RESOLUTION:
Consider approval of a resolution authorizing a notice of intention to create a special improvement district for Rimrock Wash.

City Manager Gary Esplin explained the City received a petition to form an SID for the Rimrock Wash in the area from 700 South to 900 South. This SID would involve the installation of utilities necessary for a development project. The City is involved because of its substation at 900 South and its efforts to facilitate donation of land for a park. The City would also be the beneficiary of 50% of the property owned by the Jennings Trust on the east side of the wash.

A motion was made by Council Member Gardner and seconded by Council Member Allen to approve the resolution. Mayor McArthur called for a 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


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July 19, 2001
Page Four

The vote was unanimous and the motion carried.

HILLSIDE DEVELOPMENT PERMIT:
Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held July 10, 2001, recommended approval of a hillside development permit for Stone Cliff Phase 6 located on Schmutz Hill on the south side of 1450 South and east of River Road subject to the landscape statement include language that any disturbed areas outside the building footprint area be restored by spraying a native type seed mixture, as recommended by the Hillside Review Board. Kay Traveller is the applicant.

A motion was made by Council Member Isom and seconded by Council Member Orton to approve the hillside development permit subject to the recommendations of the Planning Commission. Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

HILLSIDE DEVELOPMENT PERMIT:
Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held July 10, 2001, recommended approval of a hillside development permit for Paragon Cove at Stone Cliff on Schmutz Hill on the south side of 1450 South and east of River Road. Kay Traveller is the applicant.

A motion was made by Council Member Isom and seconded by Council Member Allen to approve the hillside development permit as recommended by the Planning Commission. Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

PRELIMINARY PLAT:
Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held July 10, 2001, recommended approval of the preliminary plat for Stone Cliff Phase 6. Lots 601-610 will have access from Cliff Point Drive, and lots 611-620 will have access from View Point Drive. Kay Traveller is the applicant.

A motion was made by Council Member Orton and seconded by Council Member Isom to approve the preliminary plat as recommended by the Planning Commission. Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

FINAL PLAT:
Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held July 10, 2001, recommended approval of the road dedication plat

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July 19, 2001
Page Five

for a portion of 500 South Street which runs east from River Road between the new Lowe’s store and the IHC Insta-Care facility, and also widening River Road by 8’ from approximately 200 South to 500 South for a distance of 1428.74 linear feet. Craig Crandall is the agent for the applicant.

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

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

The vote was unanimous and the motion carried.

FINAL PLAT:
Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held July 10, 2001, recommended approval of the final plat for Rimrock Plaza. Craig Crandall is the agent for the applicant.

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

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

The vote was unanimous and the motion carried.

LOT SPLIT:
Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held July 10, 2001, recommended approval of a lot split in the Bloomington Ranches on Del Mar/Swaps Drive and Solano Way. This area of the Ranches is zoned R-1-10. The parcel with the home will consist of 29,641 sq. ft. and the new parcel will consist of 10,245 sq. ft. Harold Griffin is the applicant.

A motion was made by Council Member Orton to approve the lot split as recommended by the Planning Commission. The motion was seconded by Council Member Whatcott. Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

CONDITIONAL USE PERMIT:
Consider approval of a conditional use permit to put recreational equipment inside the fenced area at Sunhawk Academy located at 948 North 1300 West. Chris Klingonsmith, applicant.

Associate Planner Mark Bradley advised the applicant would like to locate recreational equipment in the outside yard area to provide teamwork experience, similar to a ropes course. A conditional use permit was required for the Academy, and some of the objects will be 35’ in height. Requiring a

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July 19, 2001
Page Six

conditional use permit will also allow the neighbors an opportunity to provide input.

Mayor McArthur inquired if comments from the neighborhood were made at the Planning Commission meeting. He was advised that none were made.

Kevin Baron, applicant, advised the tallest structures will be 6-8 telephone poles projecting 35’ into the air to be used for the ropes course. He advised the Academy is licensed to have 72 students, boys and girls ages 13-17. There are 60 residing at the building and 16 out in the wilderness. He advised the Academy’s relationship with neighbors has generally been good.

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

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

The vote was unanimous and the motion carried.

CONDITIONAL USE PERMIT:
Consider approval of a conditional use permit for a storage building on the east property line to store recreational equipment and maintenance supplies at the City Recreation Center, 300 South 400 East. City of St. George, applicant.

Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held July 10, 2001, recommended approval of a conditional use permit for a storage building on the east property line of the City’s Recreation Center to store recreational and maintenance supplies and equipment. The Planning Commission determined the use was in harmony with the zone and similar in nature to uses in the zone.

A motion was made by Council Member Gardner and seconded by Council Member Allen to approve the conditional use permit. Mayor McArthur called for a 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.

CONDITIONAL USE PERMIT:
Consider approval of a conditional use permit for an adult daycare center for up to 16 elderly persons at 571 South 440 East Cr. Bill Rauscher, applicant.

Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held July 10, 2001, recommended approval of the conditional use permit subject to the following conditions:

(A) Approval by the City’s Fire Marshall regarding site inspection and whether 16 adults are permissible for the amount of square footage designated as the care area;
(B) The applicant be a permanent resident of the dwelling;
(C) The applicant obtain all required licenses for the operation.


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Page Seven

He advised that hours of operation would be 6:00 a.m. to 6:00 p.m. five days a week. The site is the former Noah’s Ark child day care facility, and is located in an R-1-8 zone.

A motion was made by Council Member Isom and seconded by Council Member Whatcott to approve the conditional use permit subject to the recommendations of the Planning Commission. Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

CONDITIONAL USE PERMIT:
Consider approval of a conditional use permit for an on-site manager’s residence in a C-3 zone at Arrow Storage located at 928 North Westridge Drive. Bob Bart, applicant.

Associate Planner Mark Bradley advised that the applicant’s project includes both a business park and storage units. The Planning Commission, at their meeting held July 10, 2001, recommended approval subject to the manager or security personnel only be permitted to reside in the residential dwelling.

Bob Bart, applicant, advised that an on-site manager is desired for security reasons. He commented there was one more space to build, with a rental unit on the ground floor and an on-site manager’s residence above it. He did not know the exact nature of the rental unit, but suggested it might be something retail such as cabinet shop.

A motion was made by Council Member Gardner and seconded by Council Member Isom to approve the conditional use permit subject to the recommendations of the Planning Commission.

Mayor McArthur suggested the motion include an annual review to assure compliance with the requirement that only an on-site manager or security person reside in the dwelling unit.

Council Member Gardner replied he was not opposed to inclusion of this condition in his motion.

City Attorney Jonathan Wright advised the Zoning Ordinance prohibited rental of the dwelling unit for anything other than for use by an on-site manager or security personnel.

Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

Mr. Bradley requested clarification of the motion, and was advised the motion included an annual review to verify compliance.

Council Member Isom suggested the City’s compliance officer make this verification.



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Page Eight

CONDITIONAL USE PERMIT:
Consider approval of a conditional use permit for an addition to the Qwest Communications Green Valley building at 360 South Valley View Drive. Qwest Communications applicant.

Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held July 10, 2001, recommended approval of the conditional use permit subject to the following conditions:

(A) Planting of street trees along Valley View Drive and noise barrier trees along the wall between the property and adjacent neighbors;
(B) The property be cleaned up and maintained;
(C) The air conditioning units be located on the ground or enclosed within the building (the building could have up to an additional 100 sq. ft. if necessary to accommodate this request).
(D) Installation of a solid masonry brick wall between the neighbors to reduce impacts in a residential zone.

Council Member Allen commented there was discussion in the Planning Commission meeting about using dryvit stucco on the outside of the building as brick heats up too much, and this issue should be clarified.

Wayne Rex, architect, advised that block walls will be installed on two sides of the property adjacent to the residential areas, and the building will be the same color and height as the building on the north side of the property. There was also discussion about landscaping the site and continual upkeep. He advised he had discussions with maintenance personnel for Qwest and indicated their work needed to be upgraded and proper maintenance done on all Qwest sites. Street trees will be added along the front on the street side and berming and landscaping with native trees will be done along all other three sides of the property to provide a sight and sound barrier. The air conditioning unit will be wall-mounted to the building. Additionally, the cost to install insulation in the building was reviewed and is thought to be a good idea as it will help save energy costs too. However, this has not been formally approved.

A motion was made by Council Member Allen and seconded by Council Member Orton to approve the conditional use permit subject to the recommendations of the Planning Commission. Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

Community Development Director Bob Nicholson inquired if the dryvit stucco was a condition of approval, and was informed by the Mayor and City Council that it was.

PUBLIC HEARING/ZONE CHANGE/ORDINANCE:
Public hearing to consider a request for a zone change from R-1-8 Single Family Residential to R-3 Multiple Family Residential for property located at 67 West 300 South. Sheldon Leavitt, applicant.

Community Development Director Bob Nicholson explained the site consists of 8/10 of an acre located between Main Street and 100 West and 300-400 South. The applicant’s property is currently zoned R-1-18, with surrounding property zoned R-2 and R-3 to the north, and PD to the east and south. The applicant is requesting R-3 zoning. R-3 zoning is consistent with the General Plan which recommends medium density. The applicant is proposing to build three duplexes. There is an existing single family home which would remain on a 6,000 sq. ft. lot. The Planning Commission recommended approval.

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July 19, 2001
Page Nine

Sheldon Leavitt advised he is the general contractor, not the owner of the property.

Council Member Gardner inquired why the applicant was requesting R-3 zoning instead of PD.

Associate Planner Mark Bradley advised the request was originally for a PD, but the applicant desires a density greater than allowed in the General Plan. By reducing the lot size with the single family home from 8,000 to 6,000 sq. ft. and change to R-3 zoning, the applicant was then able to meet the density requirements of an R-3 zone and be consistent with the General Plan.

Community Development Director Bob Nicholson commented if the City Council thinks a PD would be more appropriate, the applicant would possibly lose a unit or two.

Mayor McArthur opened the public hearing.

Judy Glidden presented a petition from neighbors opposing the zone change and advised that when she was originally contacted by the applicant she was told the zone change would be for one duplex, not three. If the City Council grants a zone change to R-3, the applicant can change his plan and construct something

else on the property. She advised that the area already has problems because of adjacent apartment complexes and the density.

Doug Glidden advised he lived adjacent to the site and was concerned about water drainage. He also expressed concern that the applicant would construct two story units and block views.

Kim Allen advised the zone change would hurt property values in the area and the police visit the adjacent apartment buildings more than frequently. She expressed concern about repercussions to neighboring homes and children who are harassed by questionable people. She expressed concern that if R-3 zoning is granted, the applicant may change his mind and construct an apartment building.

Sheldon Leavitt advised that preliminary drawings are for one story units, and the plan has always been to construct multiple duplex units. The units will have garages and will be fairly attractive. Storm drains will be installed in the back, and toward the east there is a large storm drain which can be tied into. One of the units will be 1400-1500 sq. ft., with the others averaging about 1200 sq. ft.

Council Member Isom stated she felt the zoning should be PD.

Council Member Gardner inquired of the neighbors if their concerns would be alleviated with PD zoning instead of R-3.

Mrs. Glidden replied that she would like to look at the plans before the units were built because the project would affect property values.

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

Council Member Whatcott informed the neighbors that PD zoning requires a public hearing at which time the plans would be available for inspection.

Council Member Gardner commented the plan was attractive and seemed to be an efficient use of the property. If the density is changed, the plan will not work.

Community Development Director Bob Nicholson commented a PD zone limits density up to nine units per acre, and a PD plan would have to be looked at to determine if units would be lost. The owner of the single family home may want

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July 19, 2001
Page Ten

the home excluded from the project, and this square footage would then have to be subtracted from the project.

Council Member Allen expressed hesitancy to change the zone to R-3 and stated she would prefer PD zoning.

Mr. Nicholson advised there was presently PD zoning on two side of the property in question.

Council Member Whatcott commented that while he trusted Mr. Leavitt to build three duplexes on the property as planned, he agreed that a PD was the way to go.

Mike Cannon, representing the owner of the property, advised the owner wants the single family home kept apart and separate as an individual unit. He wondered if the property in question were zoned PD, could the property to the west be used as a PD.

Council Member Gardner replied that the westerly lot could qualify on its own as a PD as the PD on the east is exactly the same dimension.

Mr. Nicholson commented he thought the plan would work, even if the home were removed from the plan.

Council Member Gardner commented if there were a way to make it work, it should be done.

A motion was made by Council Member Isom to deny the request and suggested the request be resubmitted as PD zoning and the fees waived. The motion was seconded by Council Member Allen.

Mr. Nicholson indicated the next available Planning Commission meeting was August 14, and the request could then be heard by the City Council on September 13.

Mayor McArthur called for a roll call vote, as follows:

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

The vote was unanimous and the motion carried. The request was denied.

PUBLIC HEARING/ORDINANCE TO AMEND ZONING ORDINANCE:
Public hearing to consider an amendment to the Zoning Ordinance, special provisions of Chapter 19, Commercial Zones, regarding automobile sales and services.

Community Development Director Bob Nicholson advised his office has received many complaints and comments about the proliferation of car lots on every block in the City. In fact, many conversions of small parcels are being made to car lots. Staff looked at options and recommended to the Planning Commission that a minimum lot size of one acre be required for any new car lot application. This restriction would not be retroactive. Additionally, 100 feet of frontage on a public street would be required, and only certain arterial streets have been designated for location of car lots: Bluff Street, Convention Center Drive, Highland Drive, Hilton Drive, and Sunland Drive. The Planning Commission recommended the minimum lot size for a car lot be increased to one and one-half acres.




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City Attorney Jonathan Wright suggested the language in the proposed ordinance be clarified to restrict car lots to the streets specified, not all arterial streets.

Council Member Whatcott inquired why St. George Blvd. was not included in the list of approved streets, as it currently has many car lots.

Mr. Nicholson replied the ordinance would prohibit additional car lots and not affect the ones currently in place.

Council Member Gardner inquired why it is being suggested that car lots be limited, and if they were being negatively viewed.

Mr. Nicholson replied that they were negatively viewed, particularly on small lots.

Council Member Gardner commented if the City becomes too restrictive, this may cause property to remain vacant, and he would rather see a car lot than an empty lot or business. He commented if the intent was to have car lots more evenly distributed throughout the City, an area size would accomplish that rather than restricting them to certain streets.

Council Member Orton commented that he too had concerns with the proposed amendment, and if St. George Blvd. is the best place to locate car lots, they should not be restricted there. He agreed with Council Member Gardner that he would prefer a used car lot over a vacant building, especially due to the recent trend of large boxes making it tougher for small businesses to survive. He commented he would hate to see a business that could survive on St. George Blvd. be forced to other areas of town. Council Member Orton stated that conditions could be placed upon car lots to beautify their site, but the City should not try to discourage business. He expressed concern that the City was trying to restrict the number of car lot businesses when it did not restrict the number of other businesses.

Mr. Nicholson commented there is an aesthetic impact when a front lawn is removed in order to sell ten cars on the lot.

Mayor McArthur commented the public is concerned about the proliferation of car lots.

Council Member Whatcott stated that while he agreed with the intent of the ordinance, perhaps the 1.5 acre requirement is too restrictive, and suggested that half an acre be considered instead. He commented that none of the new, nice car lots currently existing would be able to qualify for the 1.5 acre proposed requirement.

Mr. Nicholson advised that he was surprised the Planning Commission recommended 1.5 acres, but they felt there are too many small car lots and they negatively affect the City’s aesthetics.

Mayor McArthur inquired if the Planning Commission recommendation was unanimous, and Mr. Nicholson advised him it was.

Council Member Allen expressed concern that the proposed ordinance appeared to make it seem government was trying to regulate business, and that is not its job.

City Manager Gary Esplin commented that government’s role is to try and direct growth, zoning and aesthetics. The City would not allow a restaurant to locate in its boundaries if it was not aesthetically pleasing and complied with the standards of the City’s ordinances. He stated he felt the City’s standards for car lots were not strict enough with regard to size, landscaping and density.



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Page Twelve

Council Member Orton suggested regulating car lots by size, landscaping or setbacks.

City Manager Gary Esplin commented another problem with car lots is parking and the flow of traffic. The City’s present parking requirements are not strict enough for car lots, but perhaps the industry would self-regulate through requirements for aesthetics and design.

Council Member Orton commented if a car lot business could survive with only three cars on the lot and meet all other requirements, they should be encouraged to remain in business.

Council Member Isom inquired if public restrooms were required in the car lot sales offices.

City Manager Gary Esplin advised staff will come back with suggestions for requirements based not on acreage, but on aesthetics. He suggested the public hearing be continued until then.

Mayor McArthur inquired if location would be considered, as a car lot would not be desirable across from the new School District Office, on or Main Street near the Tabernacle.

Council Member Orton commented that the City does not tell other businesses where they can locate.

City Attorney Jonathan Wright advised that one of the functions of the Zoning Ordinance is to regulate where certain types of businesses may locate.

City Manager Gary Esplin suggested a new zone could be created - a variation of the C-3 zone to allow car sales.

City Attorney Jonathan Wright advised it would not be illegal to specify which streets car dealers may locate upon.

Council Member Allen stated she had no problem with specifying which streets car dealers could locate upon, but if the City is going to ask car dealers to upgrade their landscaping, every business should be required to.

Associate Planner Mark Bradley advised that when managing space in a direct environment, many things must be looked at including the type of service and the need to have adequate width and exposure. At present many car dealers are parking their sale vehicles on landscaped areas and within the State right-of-way. Others may look nice but have minimum width and inadequate exposure.

Mayor McArthur inquired of staff how long they would need to modify the proposal.

Mr. Nicholson replied staff would need at least one month.

Council Member Whatcott inquired of the City Attorney if the pending ordinance doctrine would be invoked.

City Attorney Jonathan Wright replied that it would be.

A motion was made by Council Member Allen and seconded by Council Member Whatcott to continue the public hearing until August 16. Mayor McArthur called for a vote, as follows:

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


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Page Thirteen

Council Member Gardner - aye
Council Member Isom - aye

The vote was unanimous and the motion carried.

Mayor McArthur called for a five minute break.

BEER LICENSE:
Consider approval of a beer license for Thrifty-Payless, Inc. at 615 E. St. George Blvd.

City Manager Gary Esplin advised that when Rite-Aid changed hands, it was inadvertently dropped from the City’s beer license list and the license was never transferred. The applicant will pay all back license fees.

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

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

The vote was unanimous and the motion carried.

DRAFT MANAGEMENT PLAN FOR SAND HOLLOW RECREATION AREA:
Presentation regarding the draft recreational management plan for the Sand Hollow/Sand Mountain Recreation Area by Gordon W. Topham, representing Utah State Parks and Recreation.

Gordon Topham, representing Utah State Parks and Recreation, advised that several months ago he met with the Water Conservancy District about the possibility of a management agreement for the new Sand Hollow Reservoir, similar to that at Quail Creek. This began the process of the recreational plan. In November a stakeholders meeting was held and a planning committee formed which met once a month to put together the plan. A final draft public meeting was held a month ago, and it was decided to try and get the word out about the plan. Results from the meetings include a recommendation that fees be charged if the facility is run by State Parks and Recreation, and that there be rules and regulations. More day use areas were requested. The proposed park is unique in the United States as visitors can play in the water, boat, and ride OHVs through the dunes. 20,000 acres have been designated for this purpose by the BLM. There will also be hiking trails and equestrian riding trails. He then displayed maps of the area. He explained at low level the reservoir will be double Quail Creek’s capacity.

Council Member Gardner expressed disappointment that designated trails within the HCP became restricted use trails, and inquired of Mr. Topham if traffic would be restricted to trails within the Sand Hollow plan.

Mr. Topham replied that traffic would not be restricted to trails, but would be restricted by topography. He continued that in an era when many federal lands are being closed, this recreation area will be open and will be managed by three different agencies through a management agreement. Development of the plan will cost approximately $7,000,000. Operating cost of the facility will be $350,000 per year, and fees will be charged for use of all areas.

Mayor McArthur expressed concern that once the facility is established, more restrictions on use will be made.

Mr. Topham replied he did not anticipate that happening. He advised the dam will be completed this year, but it is not known how long it will take to fill the dam because of the aquifer.

St. George City Council Minutes
July 19, 2001
Page Fourteen

CITY SKATE PARK:
Consider approval of a name for the new City Skate Park.

Council Member and Chairman of the Skate Park Naming Committee, Bob Whatcott, announced it was the unanimous decision of the committee to name the skate park "SK8 George." He then made a motion to name the skate park "SK8 George." The motion was seconded by Council Member Isom. Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

Council Member Whatcott advised the dedication and a festival celebrating the opening of the skate park will be held Saturday, August 11 from 9:00 a.m. to 2:00 p.m.

PARK AGREEMENT:
Consider approval of an agreement for a park in The Springs area. Paul Jensen, applicant.

Leisure Services Director Kent Perkins explained that Deputy City Attorney Ron Read has been working closely with Mr. Jensen’s attorney for several years to acquire this property which is the gateway to the pond area. Mr. Jensen will be donating the property under a separate agreement and quit-claiming his interest to all of the property along the river for the length of his property. In exchange, the City has agreed to a time line to build the park in the Springs area. The major focus of the site is the large pond. There is a water delivery system to bring water in from the field, and an adjacent large field is watered by the pond. The City has agreed with Mr. Jensen to convey water to him to water this field. Mr. Jensen would like to have the park named the "Springs Park" and place a plaque on the sign in memory of his deceased son. At one time Mr. Jensen also wanted to donate some equestrian trail property, but the City has decided not to take the trail at this time but reserve a right to obtain an easement at some point in the future.

City Manager Gary Esplin advised that if the City Council desires, the agreement will be redrafted and placed on the next City Council agenda. He explained that buildable area of the property donated is 5-6 acres. He stated this park will be a neighborhood park, not a regional park as originally thought.

PROPERTY TRADE:
Consider approval of a property trade with Don Taylor to facilitate the South Virgin River Trail.

Leisure Services Director Kent Perkins explained that under this proposed agreement Mr. Taylor will quit-claim all property located outside of the fence line and the City will quit-claim its interest in property on the inside of the fence line. Once the trade is made the City will commence building the trail, perhaps within the next ten days.

City Manager Gary Esplin suggested the agreement be approved subject to review by the City Attorney so the project is not delayed.

A motion was made by Council Member Gardner and seconded by Council Member Whatcott to approve the agreement subject to review by the City Attorney. Mayor McArthur called for a vote, as follows:

Council Member Gardner - aye
Council Member Whatcott - aye

St. George City Council Minutes
July 19, 2001
Page Fifteen

Council Member Orton - aye
Council Member Allen - aye
Council Member Isom - aye

The vote was unanimous and the motion carried.

PUBLIC DEFENDER CONTRACT:
Consider approval of a public defender contract.

City Manager Gary Esplin recommended a slight change in the amount of the contract with Mr. LaMar Winward. This change is an increase of $250 a month, the first increase in four years.

City Attorney Jonathan Wright explained the amount of the contract is tied to the caseload the public defender will handle.

A motion was made by Council Member Isom and seconded by Council Member Allen to award a contract to LaMar Winward in the amount of $19,200. Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

AGREEMENT WITH UAMPS:
Consider approval of an agreement between UAMPS and the City for operation of UAMPS’ mobile generator.

City Manager Gary Esplin explained that UAMPS owns a mobile generator which it moves around throughout the state. It is proposed that the generator be located in St. George and UAMPS would pay the costs. If another entity needs to borrow the generator, they could do so.

Mayor McArthur explained location of the generator in St. George is for an immediate and temporary need, and would not be permanent.

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

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

The vote was unanimous and the motion carried.

LETTER OF UNDERSTANDING:
Consider approval of a letter of understanding with Hildale, UAMPS, and the City regarding allocation of the City’s entitlement in Resource 2001.

City Manager Gary Esplin advised the Water and Power Board recommends approval of the proposed letter of understanding with Hildale and UAMPS which will reduce the City’s allocated share of Project 2001 by 1.69% and allow it to go to Hildale. If the City then wants to increase its allocation, it can because all of the shares in Project 2001 have not yet been allocated. The reason the City would like to do this is to help Hildale meet their future contract obligations. The City has a contract with them in which they provide 6 megawatts of power through their gas-fired plant. Last winter they could not deliver. It is proposed

St. George City Council Minutes
July 19, 2001
Page Sixteen

they join Project 2001 so they can use that resource to help meet their obligations to the City of St. George.

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

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

The vote was unanimous and the motion carried.

INTERLOCAL AGREEMENT:
Consider approval of the Snow Canyon Water Project Interlocal Agreement.

This item was tabled.

APPROVAL OF MINUTES:
Consider approval of the minutes of the City Council work meeting held June 28, 2001.

A motion was made by Council Member Isom and seconded by Council Member Allen to approve the minutes as presented. Mayor McArthur called for a 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.

Consider approval of the minutes of the regular City Council meeting held July 5, 2001.

A motion was made by Council Member Isom and seconded by Council Member Whatcott to approve the minutes as amended. Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

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

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

The vote was unanimous and the motion carried.

St. George City Council Minutes
July 19, 2001
Page Seventeen

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

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

The vote was unanimous and the motion carried.

REORGANIZATION OF STREETS DIVISION:
City Manager Gary Esplin explained his recommendation for reorganization of the Streets Division which will create four supervisor positions.

It was the consensus of the Mayor and City Council to approve this reorganization.

WEST CITY SPRINGS:
Council Member Gardner advised the West City Springs irrigation committee is anxious for an indication from the Mayor and City Council of their position in this matter.

City Manager Gary Esplin explained the City Council rejected the Committee’s most recent offer and made a counter offer. If the counter offer is rejected by the Committee, the City Council will then have to decide what it wants to do.

Council Member Orton commented it was time the City moved forward on its offer to allow use of the water for ten years or purchase shares for $3,000 each, as it will be impossible to please everyone.

City Manager Gary Esplin was excused from the meeting.

Council Member Whatcott suggested a counter offer to allow use of enough water to water one particular piece of property only, with the City purchasing all the remaining shares above the share needed for this use.

After considerable discussion, it was the consensus of the Mayor and City Council to put the matter on a City Council agenda for a decision.

The meeting then adjourned.


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Gay Cragun, City Recorder