City Council Minutes

Thursday, August 16,2001



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
AUGUST 16, 2001, 4:00 P.M.
CITY COUNCIL CHAMBERS

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

WELCOME AND CALL TO ORDER:
Mayor McArthur called the meeting to order and welcomed all in attendance. The flag salute was led by Council Member Suzanne Allen and the invocation was offered by Council Member Rod Orton.

Council Member Gardner arrived.

Mayor McArthur read a letter from a citizen encouraging the Mayor and City Council Members to use their microphones more effectively so those in the TV audience can hear and understand the comments made.

Council Member Whatcott arrived.

PRESENTATION BY BOB STEBBINS FAMILY:
Sharon Stebbins read a letter of thanks to the three agencies who assisted in rescuing her grandson, Scott, from a cliff last year. The three agencies were the City’s Fire Department, Police Department, and Dixie Ambulance. She presented a check to Chief Stoker as a token of appreciation. Mrs. Stebbins’ grandson, Scott, also thanked those who assisted in his rescue. Bob Stebbins also thanked life flight personnel who transported their grandson to the hospital.

SNOW CANYON GIRLS’ LITTLE LEAGUE UPDATE:
Coach Gary Esplin reported that he was privileged to coach 15 and 16 year old young women from St. George and Santa Clara who won the district championship in Albuquerque, New Mexico this past week. They then traveled to Los Angeles, California to play in the regionals, and came within one game of going to the World Series. He congratulated his team on being one of the top girls’ teams in the world.

PROCLAMATION:
Mayor McArthur read a proclamation proclaiming September as PTA Membership Month. Mayor McArthur recognized Carmen Snow and Dana Benson who advised

that the Governor’s Music and Education program will be held September 4 at 7:30 p.m. in the Sunbowl.

PRESENTATION OF PARADE TROPHY:
Miss St. George presented Mayor McArthur with a first place trophy for the St. George royalty float in the Washington County Fair.

CONSENT CALENDAR:
Consider approval of the financial statement for June, 2001.

City Manager Gary Esplin explained that as the City Council is aware, the utility fund experienced significant unplanned expenses this year due to the volatile power market. The golf course fund is also down 7% in revenue this past year which the City is trying to rectify. Other than that, the City had a very good year financially and revenues were significantly higher than expenditures allowing for a transfer of funds to the capital project fund.

In response to an inquiry from Council Member Orton about police fees, City Manager Gary Esplin explained that last year more funds were budgeted for than

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August 16, 2001
Page Two

collected with regard to the School Resource Officer program, but a new formula is now in place beginning July 1, 2001.

Council Member Allen inquired if the dispute between the City and County over dispatch fees had been resolved. Mr. Esplin advised that it had not.

Mayor McArthur advised that a meeting would be scheduled with the County Commission on several other issues as well.

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

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

The vote was unanimous and the motion carried.

AWARD OF BID:
Consider award of bid for the Bloomington Hills irrigation project.

Bids received are as follows:

Quality Excavation $201,500
L&M Engineering and Const. Inc. $224,478.50

City Manager Gary Esplin advised staff’s recommendation is to award the bid to the low bidder, Quality Excavation, in the amount of $201,500.

Water and Power Engineer Barbara Berrett explained this project involves installation of an irrigation line to feed the Bloomington Hills area by the new high school on Brigham Road. It will also feed churches and parks in the area. The project is planned to be finished as quickly as possible.

Council Member Gardner inquired if any discussions had taken place about making irrigation water available to anyone in the area who desired it as a result of this new line.

Ms. Berrett replied that this was considered as part of the study, but only for large users such as schools, parks, and churches in the area. A 100,000 gallon tank has also been planned as part of this project.

A motion was made by Council Member Orton and seconded by Council Member Isom to award the bid to the low bidder, Quality Excavation, in the amount of $201,500. Mayor McArthur called for a bid, as follows:

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

The vote was unanimous and the motion carried.

AWARD OF BID:
Consider award of bid for the 3050 East drainage project.

Bids received are as follows:



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August 16, 2001
Page Three

Sunroc Corporation $1,622,957.74
Quality Excavation $1,725,000
Interstate Rock Products $1,977.914.24

The engineer’s estimate is $1,903,996.94

City Manager Gary Esplin explained extra projects have been added to this long-awaited project in order to realize savings by not having to cut and repave the street. This project will include a new road, a major storm drain on 3050 East, and new irrigation system bringing water from the Sandberg Pond to water schools and parks in the area. Staff’s recommendation is to award the bid to the low bidder, Sunroc Corporation, in the amount of $1,622,957.74.

Council Member Orton expressed concern that the bid came in lower than the engineer’s estimate.

Mayor McArthur explained that the City will be saving 30% in overall costs by completing the irrigation and drainage simultaneously with the roadway resurfacing.

A motion was made by Council Member Orton and seconded by Council Member Isom to award the bid to the low bidder, Sunroc Corporation, in the amount of $1,622,957.74. Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

Assistant City Engineer Jay Sandberg advised the contract states the contractor has 90 days to complete all work on 750 North and north of 750 North. Work around the high school has to be completed by December 1. The contractor is doing everything it can to get started. The contractor will first connect 850 North between 2450 East and the high school, and will then work on 3050 East. Existing materials on the site will be used for additional savings.

Council Member Whatcott inquired about a safety hazard created by 3050 North to the industrial park as it banks to the right and narrows quickly.

Mr. Sandberg replied that this was not part of the project, but the City tried to include it in a special improvement district two years ago but was unsuccessful.
However, staff will look at widening this area.

AWARD OF BID:
Consider award of bid for the purchase of golf carts.

Bids were received as follows:

Yamaha $178,268.70
E-Z-Go $197,327.25
Par Car $321,279
Club Car $207,690.50

City Manager Gary Esplin advised staff recommends award to the low bidder, Yamaha, in the amount of $178,268.70. He explained this award of bid is a proposal to lease golf carts for five years in order to redo the City’s fleet. The City is trying to replace golf carts on a regular basis so that it does not have to replace all the carts in one year. The proposal is to trade in 95 carts and use the remainder at Red Hills, Southgate and St. George Golf Club. This will enable the City to go for two budget years before having to purchase carts for these three

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August 16, 2001
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courses. This will also increase the number of carts at the St. George Golf Club from 50 to 66.

A motion was made by Council Member Whatcott and seconded by Council Member Allen to to award the bid to the low bidder, Yamaha, in the amount of $178,268.70. Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

SET PUBLIC HEARINGS:
Associate Planner Marc Bradley advised that the Planning Commission, at its meeting held August 14, 2001, recommended that public hearings be scheduled for September 13, 2001 at 5:00 p.m. for the following items:

(1) An amended Pd Commercial zone for the new IHC Dixie Regional Medical Hospital to be located on the northeast corner of Foremaster Drive and River Road. Also to consider approval of an increased height allowance of up to 96 feet to the highest point. John Pike, agent.

(2) An amended PD Commercial zone for a plant nursery to be located west of the cemetery on Dixie Drive. Lilywhite Plant World, applicant.

(3) A zone change from R-2 to PD Commercial for a parking lot for the proposed Southern Utah mental health facility west of 400 West and north of the former BLM equipment yard on 200 North. Kevin Flowers, applicant.

(4) A zone change from R-1-8 to PD for two separate residential assisted living facility buildings with 12 beds each for a total of 24 beds and 12 detached dwelling units to be located on Tonaquint Drive and Mesa Palms Drive. Gerry Brown, applicant.

(5) An amendment to the Zoning Ordinance for yards to be unobstructed - exceptions of Chapter 3 - Supplementary and Qualifying Regulations regarding detached storage sheds. City of St. George, applicant.

A motion was made by Council Member Orton and seconded by Council Member Isom to set the public hearings 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.

SITE PLAN AND BUILDING ELEVATION:
Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held August 14, 2001, made three separate motions concerning this request for approval of a site plan and building elevation for a proposed customer care center, an in-bound calling center located west of the cemetery on Dixie Drive. He advised that the item came before the Planning Commission to determine (1) whether the proposed customer care center is similar in nature to a data processing center, and (2) whether the amended plan is significant enough to warrant a public hearing. The Planning Commission’s motions are as follows:

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August 16, 2001
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(1) They found that the use is similar in nature to that of a data processing center.

(2) They found that the amended plan is not significant enough to warrant a public hearing.

(3) They recommend approval of the site plan and elevation (which will be more of an earth tone rather than blue) subject to the applicants working with City Engineering staff regarding traffic studies, drainage issues, cross-access both on property and adjacent property, and to allow a landscape transfer.

Council Member Allen advised that a comment was made at the Planning Commission meeting that wording in the ordinance referring to a data processing center may be outdated.

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

Council Member Orton - aye
Council Member Allen - aye
Council Member Gardner - aye
Council Member Isom - 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 August 14, 2001, recommended approval of the preliminary plat for Black Hills Vista. Jeff Morby is the agent.

A motion was made by Council Member Gardner and seconded by Council Member Isom to approve the plat as recommended by the Planning Commission. 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.

PRELIMINARY PLAT:
Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held August 14, 2001, recommended approval of the preliminary plat for the Boulders Subdivision Phase V. Steve Sheffield, applicant.

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

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

The vote was unanimous and the motion carried.




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Page Six

FINAL PLAT:
Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held August 14, 2001, recommended approval of the final plat for Royal Oaks Phase 5. Kendrick Rogers, applicant.

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, as follows:

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

The vote was unanimous and the motion carried.

FINAL PLAT:
Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held August 14, 2001, recommended approval of the Twin Lakes road dedication plat. City of St. George, applicant.

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

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

The vote was unanimous and the motion carried.

FINAL PLAT:
Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held August 14, 2001, recommended approval of the final plat for South Towne Square Commercial Condominiums. Bown/Tooke, applicants. Lynette Miller, agent.

A motion was made by Council Member Isom 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 Gardner - aye
Council Member Allen - aye
Council Member Orton - aye
Council Member Whatcott - aye
Council Member Isom - aye

The vote was unanimous and the motion carried.

AMENDED FINAL PLAT:
Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held August 14, 2001, recommended approval of the amended final plat for the Millcreek Commercial Subdivision. City of St. George, applicant. He explained that the purpose of the amended final plat is to revise the road name of 880 North Street to 850 North Street and to show changes made on 850 North Street on the west end of the plat. A curve was placed on the west end to conform with the development on the property to the west.

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

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August 16, 2001
Page Seven

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

The vote was unanimous and the motion carried.

FINAL PLAT:
Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held August 14, 2001, recommended approval of the final plat for Painted Desert Townhomes Phase 8. Vince Clayton, agent.

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, as follows:

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

The vote was unanimous and the motion carried.

FINAL PLAT:
Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held August 14, 2001, recommended approval of the final plat for Sedona Hills Townhomes Phase 3. Vince Clayton, agent.

A motion was made by Council Member Orton 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 Gardner - aye
Council Member Allen - aye
Council Member Orton - aye
Council Member Whatcott - aye
Council Member Isom - aye

The vote was unanimous and the motion carried.

FINAL PLAT:
Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held August 14, 2001, recommended approval of the final plat for Ironwood Subdivision Phase III. Vince Clayton, agent.

A motion was made by Council Member Whatcott 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 Gardner - aye
Council Member Allen - aye
Council Member Orton - aye
Council Member Whatcott - aye
Council Member Isom - aye

The vote was unanimous and the motion carried.

CONDITIONAL USE PERMIT:
Consider a request for approval of a conditional use permit for a garage to 22’ high at 1550 West 3557 South. Jim Gregorius, applicant.



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Page Eight


Associate Planner Mark Bradley advised the Planning Commission recommended approval. Notices were sent to adjacent property owners, but no comments have been received. The garage will set back 10 feet from the side yard property line and 18 feet from the rear yard property line. There are also several other homes in the neighborhood with additional height.

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

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

The vote was unanimous and the motion carried.

CONDITIONAL USE PERMIT:
Consider a request for approval of a conditional use permit for a preschool for up to eight students in a home at 2384 East 390 North. Jennae Snow, applicant.

Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held August 14, 2001, recommended approval. The applicant plans to operate her preschool in the morning only the first year. She has a teaching degree, and the home has been inspected by the Fire Department.

A motion was made by Council Member Isom and seconded by Council Member Allen to approve the request as recommended by the Planning Commission. 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.

CONDITIONAL USE PERMIT:
Consider a request for approval of a conditional use permit for increased height up to approximately 120’ high for a manufacturing facility to be located in the Ft. Pearce Industrial Park. Ft. Pearce Industrial Park developers, applicants.

Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held August 14, 2001, recommended approval. The facility is an automated retrieval system warehouse. The main part of the 100,000 sq. ft. building will be 50-55 feet in height, with the tower portion proposed to be 120’ high. Ft. Pearce Industrial Park developers, applicants.

Scott Hirschi, Washington County Economic Development Director, advised that the industrial park is the appropriate place for a building of this height, and the location is sheltered from a view standpoint from all residential areas with the exception of south Little Valley. He advised that he was not aware of any other structures in this area this tall, but the temple is higher and the tabernacle is about that height.

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


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Page Nine

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

The vote was unanimous and the motion carried.

City Manager Gary Esplin commented that for the record, the City is concerned about heights, and it is important to note that the proposed location for this building is very far from the downtown area the City is trying to protect from buildings of this height.

Council Member Gardner commented it was important to note that just because the request is approved by the City Council, this does not mean the building will be built. However, if the City wanted to exclude itself from being in the running for location of this company, it would not have approved the request. The applicant needs the conditional use permit in order for the proposed company to consider locating here.

FEE WAIVER AND USE OF PARKS:
Consider a request for a fee waiver and use of neighborhood parks for soccer games. Southern Utah Soccer League, applicant.

City Manager Gary Esplin explained that many meetings have been held with regard to this request, as staff was concerned about use of neighborhood parks for this purpose. Community parks are usually scheduled for this purpose. Staff agrees with the applicant’s assertion that it is a non-profit group and would qualify for a fee waiver. However, all available City soccer facilities are scheduled for the fall and winter unless the City Council chooses to allow use of neighborhood parks. Staff is adamantly opposed to introducing organized events such as this in neighborhood parks, but if City Council chooses to do so, it is staff’s recommendation that only Sunset Park and Dixie Downs Park be used. These parks are generally isolated from nearby residences and dissimilar from other true neighborhood parks. He commented that there was no question a soccer complex was needed in the community, but the question remains of whether the City should be providing fields for programs other than those of the City, and this is also of economic concern to City staff. Staff is also concerned that the City of St. George is the only city being asked to supply fields. Since many of the participants are from surrounding communities, those communities should also be asked to provide fields for play.

Assistant Leisure Services Director Herb Basso commented that since the City has already scheduled more games than it has fields for, a temporary fix would be to allow use of Sunset and Dixie Downs parks, and recommend use of other communities’ fields. There are currently more needs for fields in the community than fields.

Mayor McArthur commented that a distinction can be made for use of Sunset and Dixie Downs parks in that they are located adjacent to schools.

City Manager Gary Esplin commented that allowing use of neighborhood parks for organized events such as soccer league games would lead to traffic congestion in neighborhoods, as many neighborhood parks have only one road leading in and out. However, there is adequate access to Sunset and Dixie Downs parks.

Council Member Gardner commented that the soccer leagues are good for economic development. He suggested this is a good opportunity to take this momentum and move forward with a soccer complex. Soccer is a growing sport and there is a growing need in the community for fields.

Mr. Basso suggested taking the present energy and concern and working together to make the soccer complex a reality.

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August 16, 2001
Page Ten

Council Member Orton inquired if temporary use of Dixie Downs and Sunset parks would satisfy the needs of the applicant.

Mr. Basso replied that there was no other option available, and use of these two parks will relieve some of the demand for fields. Additionally, the applicant has been speaking with other communities about use of their fields.

Monica Chadaz, representing the applicant, stated she appreciated the offer to use Sunset and Dixie Downs parks and they would suffice for their needs for the fall. She advised she met with Jim Johnson of the School District about using fields at the schools, as well as speaking with other communities about use of their fields. She advised she understood use of these fields was temporary, and
that she and City staff would again meet to discuss use of City fields for the following year.

Mayor McArthur commented that the City’s first goal is to accommodate the needs of the community at large, then the needs of others.

Rosie Gracias advised she represented the AYSO organization and they have been working with the Southern Utah Soccer League to share fields. She advised the two leagues provide different services for children.

Council Member Orton inquired about the fee waiver.

Ms. Chadaz replied that if a fee is charged for use of the parks, an increase in dues will be necessary. Three referees are needed on each field, and a competitive program is much more involved than a recreational program.

Council Member Orton suggested that further dialogue was needed in the future as there are maintenance and clean-up costs paid for by taxpayers. However, it would not hurt to allow use of two neighborhood parks for this fall season only. He then made a motion to allow use of Sunset and Dixie Downs parks for the fall season only, and waive the associated fees for use of these parks. The motion was seconded by Council Member Allen. Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

PUBLIC HEARING/ORDINANCE:
Public hearing to consider an amendment to the Zoning Ordinance, Special Provisions of Chapter 19, Commercial Zones, regarding automobile sales lots.

Community Development Director Bob Nicholson advised this public hearing is a continuation of a hearing held July 19. He explained that car lots are a permitted use in C-2, C-3, and C-4 zones. Conversion of a previously developed property with one or more buildings into a car sales lot requires a conditional use permit. Staff has heard many comments over the past year about the proliferation of car lots throughout the community, and the Planning Commission made a recommendation to revise the ordinance. Staff now proposes an ordinance which would require a minimum lot size of .3 acre in addition to designating certain areas of the City for car dealerships. This proposed change would not affect existing car sales businesses.

Council Member Orton inquired if the City restricted other businesses to certain areas of town.



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Mr. Nicholson replied there is concern that many buildings which once housed fast food restaurants or gas stations are being converted to car sales lots.

Council Member Gardner commented he would hate to see vacant buildings rather than car sales businesses. While he appreciated what staff was trying to do to clean up the City and make it more attractive, he expressed concern about too restrictive an ordinance that would serve to eliminate any chance a business had for survival.

Council Member Orton commented he agreed with Council Member Gardner that the City should not regulate where a business can locate. However, he did approve of requirements for improvements to the property.

Mayor McArthur opened the public hearing. There was no public comment, and he therefore closed the public hearing.

Council Member Whatcott commented that while he agreed with what had been said, the free enterprise system is often what moves businesses to a certain location. If the City designates certain roads for car sales businesses, then a majority of the car sales businesses will move to that area, just like restaurants tend to locate at interchanges and other high traffic areas.

Mayor McArthur commented he felt it important to set minimum standards for car sales businesses.

Council Member Allen commented that there was something to be said for the roads chosen for car sales businesses, as some of the newer larger roads are not appropriate for car dealerships. She stated she felt car sales businesses should meet minimum standards, but was unsure if the City’s role was to regulate business. However, the City’s role is to protect the overall image of the community.

A motion was made by Council Member Orton to eliminate from the proposed ordinance where car lots could locate and eliminate required frontage, but set standards of improvement.

The motion was seconded by Council Member Gardner, who commented it may be more preferable to table action until a version of the proposed ordinance with suggested changes is presented at a future meeting.

Mayor McArthur invoked the pending ordinance doctrine and advised the proposed ordinance would again be presented at the next regular City Council meeting.

Associate Planner Mark Bradley inquired if the practice of parking vehicles for sale within road rights-of-way would be addressed in the ordinance.

City Manager Gary Esplin commented this practice is already prohibited by the City’s Parking Ordinance, and should be enforced.

City Attorney Jonathan Wright advised he would include language in the ordinance prohibiting parking vehicles for sale within landscaped areas.

PROPERTY PURCHASE:
Consider approval of a property purchase agreement with Gerry Brown/Tonaquint, Inc. for the Dixie Drive project.

City Manager Gary Esplin explained the terms of the agreement including a payment by the City of $170,000 for the property. The property owner would pay his outstanding assessment from the proceeds of the sale. There is an access issue, however, in that if the City does not abandon the property and relocate the road in Heritage Lane, the City would purchase the property for $5.00 a sq. ft. and the property would not be vacated back to the adjacent property owner. If a proposed modification to access to the subdivision is made,

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August 16, 2001
Page Twelve

then there will be extra property within the existing roadway which will be deeded back to Tonaquint and Tonaquint would deed property for the new road. Mr. Esplin reiterated the City would not be purchasing any property which is an existing right-of-way.

City Attorney Jonathan Wright advised the road right-of-way has already been dedicated to the City and Tonaquint cannot not sell it because it does not own it.

Public Works Director Larry Bulloch explained that key points of the agreement include a purchase price of $170,000. There is a $6,400 credit to be refunded because of some sewer work which benefitted the seller. The seller would like the City to pay for the title insurance, and asks that Paragraph 7 be changed which addresses a concern that the existing access to the Heritage subdivision will be off this major road. It is preferable that this access be closed and a new access off Indian Hills Drive provided. The City desires to accommodate the project and spend the money to relocate Heritage Drive to build a new access off Indian Hills Drive. The seller would like to change the language addressing Exhibit "C" to the agreement to affect the seller bearing the cost. The City will bear the cost if the seller donates the right-of-way.

City Manager Gary Esplin clarified that the connection to the Indian Hills subdivision will be a connection off of Indian Hills Drive, and the City would not be paying for right-of-way it currently owns.

Mayor McArthur explained that the City would be basically trading rights-of-way.

City Attorney Jonathan Wright advised that the City cannot be contractually bound to abandon a right-of-way and it must be at the City’s option.

Mr. Bulloch commented City staff wanted to be sure the residents agree to the proposal before it is consummated.

Gerry Brown commented he would not want to make the trade if the residents did not want it.

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

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

The vote was unanimous and the motion carried.

ADDENDUM TO WALMART AGREEMENT:
Consider approval of an addendum to the agreement between Walmart and the City for landscaping of the roundabout.

City Manager Gary Esplin explained the City is trying to make sure that landscaping of the roundabout is completed when the roundabout is finished. According to the present agreement between the City, Walmart and UDOT, the
City is contributing $464,000, the State is contributing $500,000, and Walmart is contributing $500,000 toward construction of the roundabout. $1.46 million was in place to complete all necessary improvements at the interchange, but City staff was concerned the agreement did not include landscaping, as Walmart bid the project without including landsacping. City staff was concerned if there were overruns, there would be no money for landscaping. This agreement reduces the City’s obligation by $125,000 and the City will then use that amount to install the landscaping, thereby assuring that it gets done.



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Page Thirteen

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

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

The vote was unanimous and the motion carried.

AIRPORT LEASE:
Consider approval of an airport lease agreement with Chris Peterson for a ground lease for a self-fueling operation.

Public Works Director Larry Bulloch advised that the Airport Board looked at two options for location the operation and recommended approval of the north option. The applicant will be required to install an above-ground fuel tank in the fuel farm area and run a line to the fueling station. This will be outside of the paved area.

Chris Peterson, applicant, advised his fueling operation will be the third located at the airport, but the only self-service operation and is designed to service small single engine aircraft and general aviation users, not large twins or commercial planes.

Council Member Orton inquired of Mr. Peterson if self-service fueling operations were common at other airports.

Mr. Peterson replied that they are beginning to be installed, similar to self-fueling islands at Costco and Smiths. He advised that the service will be available 24 hours a day, seven days a week, and the business will be advertised on the sign board at the airport. There is also a 24 hour phone number for emergencies, and there will not be an attendant. Gas will be purchased with cards or account numbers for locals.

Alan Boyack advised he represented the two competing business interests at the airport. His clients are full service FBOs. He expressed concern the Council did not have all the facts and requested that the matter be tabled for four weeks until a full presentation could be made. He advised the proposed business had far-reaching implications on the aviation community.

Mayor McArthur advised there used to be a self-fueling operation at the airport.

Mr. Boyack requested the matter be set for a public hearing.

Council Member Orton inquired of Mr. Boyack the concerns the City Council should be aware of.

Mr. Boyack replied that his clients, Western Air Service and Aero West Aviation, would not be able to continue in business if the applicant were granted a license to operate.

Council Member Whatcott commented the Airport Board recommended approval on a split vote.

Mayor McArthur commented that the self-fueling business formerly located at the airport worked well, although he understood there might be concerns.

Dan Smith, Director of Flight Training at Dixie State College, advised the reason the self-fueling business formerly at the airport was removed was because it was located within the taxiway and did not meet airport standards. He stated that while he did not know Mr. Peterson, his program spends over $60,000 a year on

St. George City Council Minutes
August 16, 2001
Page Fourteen

fuel. He advised there used to be competitive gas pricing when Aero West first located at the airport, but competitive pricing has disappeared and the prices are now identical. He advised he flies to Oakland, Los Angeles, Albuquerque, and Denver, and the highest fuel prices encountered are in St. George. He advised that competition in St. George is non-existent, and any attempt to delay a decision will cause the College problems as the program begins next week. While self-service may not be the complete answer, the other two fuel providers’ hours do not always mesh with the College’s hours, and valuable flight time is lost waiting for fuel. Flights have even had to be canceled. He stated that any act which stifles competition would be wrong. He advised that fuel costs $.40-$.50 a gallon more at the St. George airport than it does elsewhere in Utah. He commented if the two large competitors go out of business, it would be due more to the overall nature of the service they are providing.

Mr. Boyack commented the matter was not one of competitiveness, but of survival. While Utah State may obtain fuel for $1.88 a gallon, his clients pay $1.90 for it.

Council Member Gardner commented that the way businesses are conducted at the airport differ from those conducted downtown, as the City owns and has control over the airport. He wondered if members of the City Council needed additional time to more fully understand that role.

Mayor McArthur commented that prior to his years as Mayor, he served on the Airport Board for many years. He stated that home-based aircraft used to be given preferential pricing, but that is no longer the case. He confirmed that aircraft fuel is more expensive in St. George than Salt Lake City.

Mr. Boyack commented that his clients have to make aircraft payments and pay rent to the City.

City Manager Gary Esplin stated that the City previously held many discussions about minimum operating standards at the airport and these standards need to be considered when making a decision. These minimum standards were implemented to force needed services as part of the airport’s overall operation. He suggested the matter be further discussed as any decision will affect the quality of service at the airport.

Wayne Olsen advised he rents ten hangars at the airport to general aviation tenants, and eight out of ten are in favor of having a self-fueling operation at the airport. He reported the following current pricing for a gallon of aviation fuel:

Bryce Canyon $2.25
Kanab $2.25
Overton $2.15
North Las Vegas $2.15
St. George $2.60

Glen Bundy suggested the City Council take a hard look at the matter as the proposed fuel island may be good in some respects, but what it will do to maintenance at the airport also needed to be considered.

Chris Peterson, applicant, advised the Airport Board voted 4 to 1 to approve his request. They also reviewed the minimum standards, and the one vote against was for safety reasons, not fairness. Additionally, he is not offering any of the other services Aero West and Western Air Services offer, and he stated they should be making money on their charter, flight services, and maintenance services. He advised he also has operating expenses and is a legitimate business.

Kent Christopherson advised that the Airport Development Act required the City to provide for non-discrimination. As an airplane owner, he has wondered why two operators for the preceding six months have the exact same prices every day. As an aircraft user, he finds that at every location except Cedar City and

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August 16, 2001
Page Fifteen

St. George, both of which have two operators owned by the same entities, prices are different. More importantly, if aircraft users avoid purchasing fuel in St. George, the City is not getting the revenue needed to build the new airport. When the City condones this practice, directly or non-directly, it is providing a forum for discrimination, and while the two FBOs’ service is adequate for the most part, their restroom facilities are deplorable.

City Council Member Sharon Isom assured Mr. Christopherson the City Council was not trying to discriminate, it just wanted all the facts so it could make a decision.

Mr. Christopherson said that while he has been concerned for some time, he had no problem with tabling the matter.

Council Member Orton stated that he agreed with Mr. Esplin’s suggestion to table the matter in order to review the airport’s minimum operating standards, and he would be interested to know if a self-fueling operation has to supply restroom facilities.

City Manager Gary Esplin commented that he thought the minimum operating standards required an applicant had to be an FBO in order to provide services at the airport, and what was required of one operator should be required of all.
Mr. Esplin advised the matter would again be scheduled for the special City Council meeting to be held August 30, 2001.

A motion was made by Council Member Orton and seconded by Council Member Whatcott to table the matter until the special City Council meeting of August 30, at which time a decision will be made. Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

LAND ACQUISITION AGREEMENT:
Consider approval of land acquisition agreements.

Council Member Allen declared a conflict of interest as she serves on the IHC Foundation Board. Council Member Orton nodded his head in agreement as he also serves on the Board.

City Manager Gary Esplin explained the City and IHC are exchanging equal sized and valued properties below Sunset Drive for the bike and pedestrian trail.

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

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

The vote was unanimous and the motion carried.

Mayor McArthur then called for a five minute break.




St. George City Council Minutes
August 16, 2001
Page Sixteen

UTILITY BILLING PROCEDURES POLICY:
Consider approval of a policy concerning billing procedures for utility billings.

City Manager Gary Esplin advised that this policy is simply to bring the City’s existing policy up to date, as many changes have been implemented throughout the years and the policy was not amended. Some of the items being updated concern (1) return transformer credit, (2) temporary meter costs, (3) water rate increases, and (4) special rate changes. The Water and Power Board recommended approval.

A motion was made by Council Member Isom to approve the policy as presented with the exclusion of item (4) - special rate changes. The motion was seconded by Council Member Allen. 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.

AIRPORT LEASE:
Consider approval of an airport lease agreement with Arrah C. Curry for a ground lease for a hangar.

Public Works Director Larry Bulloch explained this item concerns a transfer of an airport ground lease for a hangar from Stephen Howcroft to Arrah C. Curry.

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

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

The vote was unanimous and the motion carried.

ENGINEERING AGREEMENT:
Consider approval of an engineering agreement with Bowens Collins Associates for engineering design services for water reuse.

City Manager Gary Esplin advised approval of this agreement will allow the City to proceed with the reuse project. Staff recommends using Bowens Collins as they have been involved in the project from the beginning.

Council Member Gardner commented that he hoped the project could include extra capacity for irrigation water in the same line.

City Manager Gary Esplin replied that the agreement is for design of the plant itself, as the pipeline has already been designed.

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

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


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August 16, 2001
Page Seventeen

Council Member Isom - aye
Council Member Orton - aye

The vote was unanimous and the motion carried.

AGREEMENT FOR DROP POINT SERVICES:
Consider approval of an agreement for drop point services with Ford Motor Company.

City Manager Gary Esplin advised this agreement provides a creative way for the City to save money.

A motion was made by Council Member Isom and seconded by Council Member Allen to approve the agreement 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.

SAFE SIDEWALK AGREEMENT:
Consider approval of a cooperative agreement for the Safe Sidewalk Program.

A motion was made by Council Member Whatcott and seconded by Council Member Gardner to approve the agreement as presented. The City’s match is $2,236. Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

RIVER ROAD PHASE II CONTRACT MODIFICATIONS:
Consider approval of a request for contract modification of engineering services for River Road Phase II with Sear Brown.

City Manager Gary Esplin explained when the second phase of River Road was designed, major problems were encountered with hillsides and fill slopes. Sear Brown is recommending 2,100 feet of various types of walls, and is requesting they be authorized to move forward with the design of these walls in the amount of $9,991.

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

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

The vote was unanimous and the motion carried.



St. George City Council Minutes
August 16, 2001
Page Eighteen

AGREEMENT WITH UDOT:
Consider approval of an agreement with UDOT for relocation of a sewer main at Milepost 10 interchange.

City Manager Gary Esplin explained when the new Washington Interchange is built, the City’s sewer line which runs through this area will have to be moved at no cost to the City.

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

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

The vote was unanimous and the motion carried.

AGREEMENT WITH UDOT:
Consider approval of an agreement with UDOT for airport pavement maintenance.

City Manager Gary Esplin reported that funds were included in the budget for this project. The City’s match will be $114,977.

A motion was made by Council Member Isom and seconded by Council Member Whatcott to approve the agreement as presented. 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.

LOCAL CONSENT FOR RESTAURANT LIQUOR LICENSE:
Consider approval of local consent for a restaurant liquor license for the Panama Grill. Panama Holdings, LLC, applicant.

City Manager Gary Esplin explained the Panama Grill is changing hands and the applicant requests approval of local consent to apply to the State for a restaurant liquor license.

A motion was made by Council Member Isom and seconded by Council Member Orton to approve the local consent as requested. 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.

APPROVAL OF MINUTES:
Consider approval of the minutes of the regular City Council meeting held July 19, 2001.


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August 16, 2001
Page Nineteen

City Attorney Jonathan Wright and City Recorder Gay Cragun advised that after listening to the tape, it was determined that the discussion concerning the West City Springs was mistakenly discussed as part of the regular meeting and not as part of the executive session. It cannot, therefore, be removed from the regular minutes.

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

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

The vote was unanimous and the motion carried.

DISCUSSION RE ECONOMIC DEVELOPMENT:
Mayor McArthur advised he would like an item placed on the next City Council agenda to discuss possible incentives for a proposed economic development project.

ADJOURN:
A motion to adjourn was made by Council Member Isom and seconded by Council Member Whatcott. Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried. The meeting adjourned at 6:55 p.m.



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Gay Cragun, City Recorder