City Council Minutes

Thursday, November 15,2001



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
NOVEMBER 15, 2001, 4:00 P.M.
CITY COUNCIL CHAMBERS

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

OPENING:
Mayor McArthur called the meeting to order and welcomed all in attendance. The flag salute was led by Rod Orton and the invocation was offered by Larry Gardner.

PRESENTATION TO JAYDE CLUFF:
Mayor McArthur read a letter of appreciation from the Luciano family in New York City to Jayde Cluff, a four year old resident of St. George who sent her entire savings, $.60, to aid the victims of the New York City tragedy.

Water and Power Director Wayne McArthur, who is also a Colonel in the Utah National Guard and highest ranking National Guard officer in the St. George area, presented Jayde with a certificate making her an Honorary Colonel in the New York State National Guard. He then read a citation in her honor.

Mayor McArthur presented Jayde with a copy of the "Glory of the Games" Olympic book, a City pin, and key to the City. He then presented her with toys from the Luciano family.

City Manager Gary Esplin advised that the request for a conditional use permit for a temporary building at 1062 West Sunset Blvd. for a used car lot was tabled from the agenda.

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

City Manager Gary Esplin advised that the City was in good shape in the General Fund, however, he was concerned about the revenue base, as the City does not yet know what the September 11 tragedy has done as far as potential revenues. Until then, staff is being cautious in its expenditures. The golf courses had a good month, but always run a little short because of the summer season revenues. The electric utility fund continues to lose money.

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

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

The vote was unanimous and the motion carried.

AWARD OF BID:
Consider award of bid for the purchase of surveillance equipment for the Police Department.

Purchasing Agent Sue Swensen advised this was a sole source purchase through the State contract in the amount of $41,820.59. The vendor is Skaggs.



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November 15, 2001
Page Two

A motion was made by Council Member Whatcott and seconded by Council Member Orton to award the bid through the State contract to Skaggs in the amount of $41,820.59. Mayor McArthur called for a vote, as follows:

Council Member Whatcott - aye
Council Member Orton - 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 purchase of a wet and dry portable vacuum for the Water Department.

Purchasing Agent Sue Swensen presented three bids received:

Century Equipment $36,555
Maric Sales $32,760
AG Truck No bid

She recommended award to the second low bidder, Century Equipment, in the amount of $36,555. Century Equipment is the only bid which met minimum specs for a liquid-cooled engine.

A motion was made by Council Member Orton and seconded by Council Member Gardner to award the bid to the second low bidder, Century Equipment, in the amount of $36,555. Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

ORDINANCE:
Consider approval of an amendment to Title 9, Chapter 5, Section 14 (1) of the St. George City Code regarding publication times for bids.

City Manager Gary Esplin explained this item was essentially a housekeeping item, as the City is already publishing notices for bids at least twice, as required by State law. The City?s ordinance, however, only requires the notices to be published once.

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

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

The vote was unanimous and the motion carried.

ABANDONMENT RESOLUTION:
Consider approval of a resolution pertaining to the abandonment of existing easements lying between Lots 4 and 5, 5 and 6, and 6 and 7 of the Sandstone Shadow Subdivision.

City Manager Gary Esplin explained that this resolution was necessary to resolve an error in construction where units were built too close to the property lines. New easements have been submitted, and staff recommends approval.

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November 15, 2001
Page Three

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

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

The vote was unanimous and the motion carried.

ABANDONMENT RESOLUTION:
Consider approval of a resolution pertaining to the abandonment of the easement between Lots 37 and 38 of the Tamarack Ridge Estates Phase

City Manager Gary Esplin explained that in order to build a larger home on two lots, abandonment of this easement is necessary.

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

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

The vote was unanimous and the motion carried.

2000-2001 FISCAL AUDIT:
Presentation of the 2000-2001 fiscal audit for the City of St. George.

Ken Hinton, auditor, distributed a hand-out (attached hereto as Exhibit "A") and reviewed it with the Mayor and City Council. He advised that his overall conclusion is that the City is financially healthy, although there are a few things which should be monitored. However, the City is aware of them and is already addressing them. He commented that the City is being wisely administered financially, and the audit has resulted in a clean opinion of the City?s financial statements, as well as state and federal compliance.

PRESENTATION RE DINOSAUR FIND:
Presentation from Sheldon Johnson regarding progress of the dinosaur find.

Laverna Johnson advised that the dinosaur site has had 200,000 visitors from 55 countries around the world. She expressed gratitude to the City and Volunteer Center for their assistance in the project. She advised that 501c3 status has been obtained from the IRS and they are now ready to accept tax-free donations. They also had an appraisal done of the site and it is appraised at $1,000,000. A marketing agreement has also been entered into to market the site, and any monies coming in will be given to the City to be used for maintenance and operating costs, and for preliminary design of a building. She distributed copies of the appraisal, her remarks, and a book to the Mayor and City Council.

Sheldon Johnson displayed a cast of the best dinosaur print ever found in the world taken from his dinosaur site, and presented it to the City for display.

Mayor McArthur thanked Mr. and Mrs. Johnson and commented they have a world class dinosaur find, and because of their love for the community and education in general, they are donating the land and dinosaur find back to the community. He presented the Johnsons with a copy of the "Glory and the Games" Olympic book in recognition for all they do for the community.


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November 15, 2001
Page Four

Mr. Johnson advised that more tracks are still being uncovered.

Mrs. Johnson advised that the St. George dinosaur site has the support of the Museum Association, and its 2003 conference will be held in St. George.

SET PUBLIC HEARING:
Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held November 13, 2001, recommended that a public hearing to consider a zone change from A-20 and RE-12.5 to R-1-12 on 26.647 acres be scheduled for December 13, 2001 at 5:00 p.m. Paul Jensen is the applicant.

The Planning Commission also recommended that a public hearing be held on December 13, 2001 at 5:00 p.m. to consider a zone change from OS to R-1-10 on Bloomington Drive West. Don Oborn is the applicant.

A motion was made by Council Member Orton and seconded by Council Member Allen to schedule the public hearings as recommended by the Planning Commission.

Council Member Isom arrived.

Mayor McArthur called for a vote, as follows:

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

Council Member Isom did not vote. The motion carried.

SET PUBLIC HEARING:
Associate Planner Mark Bradley advised that the Planning Commission, at their meeting held November 13, 2001, recommended that a public hearing not be scheduled to consider a zone change from R-1-8 to R-2 on .832 acre located north of Diagonal Street on 500 West Street for two duplex units and nine detached units. Habitat for Humanity is the applicant. Mr. Bradley advised that the applicant is aware of the Planning Commission?s recommendation, but would like the request heard by the City Council.

Council Member Allen advised that the Planning Commission recommended denial because the requested zone change would vest the property with R-2 zoning if Habitat for Humanity changed its mind, and felt this zoning was not appropriate for the area. She made a motion to set the public hearing for December 13, 2001 at 5:00 p.m. She commented that perhaps the applicant?s plan would be amended when it was heard by the City Council.

City Attorney Jonathan Wright advised that changing to a PD zone would require a new application and the process would have to begin again.

Mark Fonger, Rosenberg & Associates, and Rebecca Stucki, applicant, came to the podium and advised they would like to proceed with the R-2 zoning and did not wish to restart the process.

Council Member Allen?s motion was seconded by Council Member Isom. Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.


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November 15, 2001
Page Five

PRELIMINARY PLAT:
Associate Planner Mark Bradley advised that the Planning Commission, at their meeting held November 13, 2001, recommended approval to amend the preliminary plat for Ironwood Subdivision. Ence Group is the applicant.

A motion was made by Council Member Gardner and seconded by Council Member Isom to approve the plat. 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 their meeting held November 13, 2001, recommended approval of the preliminary plats for Phases 6 and 7 of Sun River St. George. Darcy Stewart is the applicant.

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

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

The vote was unanimous and the motion carried.

PRELIMINARY AND FINAL PLATS:
Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held November 13, 2001, recommended approval of the preliminary and final plats for a one lot subdivision and dedication of a portion of Dixie Drive for the proposed Tonaquint Center west of the new cemetery on Tonaquint Drive. Gail Maxwell is the agent.

City Manager Gary Esplin recommended that if the City Council was inclined to approve the plat, that it be subject to working out details of the drainage channel adjacent to the property with the owners and developers. This channel needs to be constructed at the time the building permit is taken out.

A motion was made by Council Member Whatcott to approve the preliminary and final plats and authorize the Mayor to sign the final plat subject to construction of a drainage channel at the time the building permit is taken out. 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 Orton - 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 November 13, 2001, recommended approval of the final plat for Bloomington Courtyard Commercial Center Phase 4, and of a landscape

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November 15, 2001
Page Six

transfer. The applicants will also install and maintain landscaping in the Pioneer Road right-of-way. Brian McMullin and Monty Magelby are the applicants.

A motion was made by Council Member Orton and seconded by Council Member Gardner to approve the final plat, authorize the Mayor to sign it, and also the landscape transfer. 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.

ROAD DEDICATION PLAT:
Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held November 13, 2001, recommended approval of the road dedication plat for Lava Flow Drive and Little League Drive.

City Manager Gary Esplin explained that the property was originally developed under an RPP with the City and School District. The BLM decided it wanted the property under ownership of one entity, so it was put under the ownership of the School District. When the school was built on this site, the road was never dedicated, and the RPP was amended. The property to the east of Lava Flow Drive is being dedicated and the City will keep the property to the west of Lava Flow Drive.

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

The vote was unanimous and the motion carried.

ROAD DEDICATION PLAT:
Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held November 13, 2001, recommended denial of the road dedication plat for Black Ridge Drive and Airport Road right-of-way.

Public Works Director Larry Bulloch commented that the City has been engaged in a special improvement district in this area to accommodate increased traffic in the Hilton Drive area, and the project is nearing completion. All signatures have been obtained on the road dedication plat, and staff would like to record the plat.

Mayor McArthur advised that in order to open Black Ridge Drive, the plat had to be recorded.

City Manager Gary Esplin commented that it was not the City?s intent to construct the connection from Black Ridge Drive to the airport at this time, and staff understands that requirements of the Hillside Ordinance will have to be met when this is done, and has every intention of doing so. The Legal Department?s position is that it is not necessary to obtain the Planning Commission?s permission to accept dedication of Black Ridge Drive, and staff can see no conflict in approving the plat now with the understanding that the connecting road to the airport will not be built unless all requirements are met. Therefore, there is no reason to hold up the opening of Black Ridge Drive.


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November 15, 2001
Page Seven

Council Member Isom stated she thought staff?s position had been made clear when the City Council met with the Hillside Review Board, and she did not understand why the Planning Commission recommended denial.

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

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

The vote was unanimous and the motion carried.

LOT SPLIT:
Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held November 13, 2001, recommended approval of a lot split located at the northeast corner of 400 South 100 West. The request complies with the requirements of the zone.

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

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

The vote was unanimous and the motion carried.

PUBLIC HEARING/ZONE CHANGE/ORDINANCE:
Public hearing to consider a request for a zone change from Open Space to RE-12.5 for property located north of Pheasant Run at 1287 W. Bloomington Drive South. Dan Steuer, agent.

Community Development Director Bob Nicholson explained the site consists of 2.17 acres and is adjacent to Bloomington Drive. The property is a remnant of the old Raymond Lowe estate and the parcel is suitable for development. The Planning Commission recommended approval. The applicant would also like permission to erect a detached garage 22? to the roof peak. No opposition or concern has been expressed from neighbors.

Mayor McArthur opened the public hearing. There being no public comment, he closed the public hearing and called for a motion.

A motion was made by Council Member Orton and seconded by Council Member Gardner to approve the zone change by ordinance and height of the garage to 22? to the roof peak. Mayor McArthur called for a roll call vote, as follows:

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

The vote was unanimous and the motion carried.




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November 15, 2001
Page Eight

PUBLIC HEARING/ZONE CHANGE/ORDINANCE:
Public hearing to consider a request for a zone change from A-1 Agricultural to R-1-8 Single Family Residential, 8,000 sq. ft. minimum lot size, on nine acres located at about 2000 South and 2000 East. Brent Greenwood, applicant.

Community Development Director Bob Nicholson explained the site is accessed from 2450 South and is located on the back side of the Stonecliff development. The General Plan shows the area as low density residential, up to four homes per acre, and the request meets these guidelines. Adjoining zoning to the east is currently Mobile Home, with A-1 to the west, RE-20 to the south, and a hillside to the north. In the past there has been a quite a bit of opposition from neighbors to any similar requests for zoning, but no one was at the Planning Commission to protest this zone change. The Planning Commission recommended approval on a four to two vote.

Council Member Orton inquired if the property fell within the ?Little Valley? area, and he was advised that it did. Mr. Nicholson replied that the project would have to have sewer service.

Council Member Orton commented that a similar zone change request by Darrell Larkin for property to the south was denied.

Community Development Director Bob Nicholson replied that at the end of the Planning Commission meeting Darrell Larkin changed his request to half-acre agricultural lots.

Council Member Gardner commented that he thought the City Council?s commitment to residents in this area was for half acre lots.

Brent Greenwood, applicant, advised that there is MH property to the east, and 2000 South to the south which will separate the project from the rest of the area. He advised his property consists of nine acres, but he would only develop four to six acres, so the top part of the rock will not be involved. The homes proposed for the project will be 1,300-1,700 sq. ft.

Mayor McArthur opened the public hearing.

Council Member Whatcott inquired if the project would be accessed from 2450 South. He was advised that it would be.

Glen Bundy stated there was a water problem in the area and asked if this was being addressed as more and more property is being developed. He stated there was no flow or pressure.

City Manager Gary Esplin replied there is a pressure problem in the area, but it was not germane to this zone change discussion. The City expects to cure the problem by installing a new pump, and is presently working on the problem.

Mr. Bundy stated he hated to see the area cut into smaller pieces, and that the City Council was aware of the feelings of the residents in the area.

Marian Belin inquired as to the time frame for curing the water problem.

Water and Power Director Wayne McArthur replied that he hoped to have the problem solved by summer, and the pressure problem is not as severe in the winter months.

Ms. Belin replied that her water pressure tested at 75 pounds.

Mr. McArthur replied that the City is required to supply 40 pounds, and while the pressure may currently be less than the residents are used to, it is sufficient.



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November 15, 2001
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City Manager Gary Esplin advised that the City is alerting developers that new subdivisions in the Little Valley area will not be approved until the water problem is solved.

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

Council Member Allen wondered why the neighbors were not present at the meeting.

Council Member Orton replied that he remembered the City Council assuring the residents of Little Valley that the City would keep the area as agricultural.

Council Member Whatcott suggested that perhaps the City Council should do some long range planning in the Little Valley area. He commented that if this zone change were approved, acre lots will be backing up to it and would constitute spot zoning.

Community Development Director Bob Nicholson replied that the City is in the process of planning for the Little Valley area right now with the general plan, and the Little Valley area is the most difficult area in the City to get a consensus on zoning. There is a certain area on both sides of 2450 South designated as low density residential, and whether right or wrong, this was done in 1995. Area residents have expressed concerns that they do not want a mixture of lots which allow animals, and others that do not. However, owner of large parcels of property in this area would like to have the option of developing smaller lots.

Mayor McArthur commented that previous conversations with area residents centered around retaining half acre lots and allowing animals on these lots.

Council Member Whatcott reminded that the Washington City Master Plan shows the Washington Fields area as R-1-10, four homes per acre.

Council Member Orton commented that RE-12.5 zoning only allows one large animal, and therefore the residents and City Council preferred half acre zoning to allow more than one large animal.

Council Member Whatcott stated his recollection was also that the City Council agreed on half acre lots. He stated that if the City is looking at long term planning for the Little Valley area, the adjacent MH zoning needed to be rethought.

Community Development Director Bob Nicholson advised that the City received an application last month to rezone the MH property to something else, but when the developer heard about the water pressure problems, he backed off.

Council Member Gardner advised that this property was still in the County when it was zoned MH.

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

Council Member Gardner commented that while the City Council would like to accommodate everyone?s wishes, it desires to be consistent in its thinking. There has been a lot of discussion about zoning in the Little Valley area throughout the SID process. It was his feeling at that time that if developers were going to have the ability to subdivide into smaller lots, they should have paid on a per dwelling unit basis, rather than on a per acre basis. Animals are important to the residents in this area, and there has to be someplace in the City where they are allowed.

Mayor McArthur commented that many people will be watching to see what the City Council does with this request, as it will determine what will happen with similar requests in this area.

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November 15, 2001
Page Ten

Council Member Whatcott commented that the request seemed to be out of character for the area.

Council Member Gardner asked for clarification that the parcel of property included in this request was included in the SID.

Community Development Director Bob Nicholson confirmed that it was included in the SID, and was assessed on a one unit per acre basis.

A motion to deny the request was made by Council Member Gardner and seconded by Council Member Whatcott. 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.

PUBLIC HEARING/ZONE CHANGE/ORDINANCE:
Public hearing to consider a request for a zone change from Open Space to C-3 General Commercial on a 22? wide strip of land located north of St. George Blvd. on 700 East. Doug Holt, applicant.

Community Development Director Bob Nicholson advised the property is located at the north end of 700 East north of St. George Blvd. and the applicant is requesting that the north 22? (or .16 acre) of a two acre parcel be changed from OS to C-3. The remainder of the property is zoned C-3. The applicant is proposing to develop a retail landscaping and rock products business on the site. The Hillside Review Board recommendation approval, as did the Planning Commission on a four to three vote.

Doug Holt, applicant, advised that 97% of the property is zoned C-3, and while he found other properties he liked better, he was turned down on all of them.

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

Council Member Whatcott asked if the 22? in question was located within a hillside.

Mr. Nicholson replied that the 22? is within a hillside, above a 15% slope. The applicant will stay 4? away from the top.

Council Member Orton asked if staff?s concerns about drainage had been taken care of. He was advised that drainage will be addressed through the site plan process before a building permit is issued.

Mayor McArthur advised that as a result of discussions with the applicant, perhaps the applicant could assure that adjoining area owned by the Citye is cleaned up and maintained. He also suggested that perhaps the applicant could pursue a site in the Middleton area.

Mr. Holt replied this was still possible, but it was not financially feasible to develop both sites at once.

Council Member Whatcott inquired about the elevation change between the 22? feet of property in question and the rest of the property.

Mr. Nicholson replied that the property gently slopes and continues 22? up the hill. He stated staff thinks the business could be done without using the hillside, but the applicant has a different opinion.

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November 15, 2001
Page Eleven

Council Member Whatcott expressed concern about the cut.

Jerry Amundsen, Project Engineer, stated that as far as the location of the cut, it will be within the hillside and within the 22? portion, however, the Hillside Review Board stipulated that the applicant should try and cover the slope and even specified which types of trees to use.

Doug Holt stated he needed at least 17? of the 22? in order to turn his trucks around.

Council Member Gardner inquired of Mr. Holt if the 22? was critical or preferred.

Mr. Holt replied that he needed the additional 17? to turn his trucks around, or the project would not be feasible.

Community Development Director Bob Nicholson advised that if the property remains Open Space, the hillside will not be cut, and the applicant can cut to the C-3 Open Space line.

Mayor McArthur advised he would prefer to see another location pursued.

Mr. Holt replied that he would like to pursue approval for this piece of property, but the other location could still happen. He replied that the property is valuable to him unless his request is turned down.

Council Member Gardner commented that he had no problem with the zone change or the cut, but he was not sure the entrance to the City was an appropriate place for this business.

Mr. Holt replied he was advised to seek C-3 property for his business, and he did so.

Mayor McArthur commented that the City would like to continue discussions with Mr. Holt about enhancing adjacent City property.

Mr. Holt replied that he would be willing to clean up adjacent City property and make it more attractive, and install a fence and picnic table, if the City grants his zone change request.

A motion to approve the request was made by Council Member Isom and seconded by Council Member Gardner.

Council Member Whatcott commented that while he did not think this location was appropriate for the business, he was concerned to hear about Mr. Holt?s struggle to find a suitable location for the business.

Mr. Holt replied that he found a location in the Millcreek Industrial Park, but was advised retail sales were not allowed. He also found three acres zoned C-2, but was advised by City staff that C-2 zoning was not suitable. The Rowland Stone rock yard is zoned C-3, as is Sunroc outside sales and Anderson Lumber outside sales, so staff directed him to look for C-3 property.

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

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

The motion carried.



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November 15, 2001
Page Twelve

CONDITIONAL USE PERMIT:
Consider a request for approval of a conditional use permit to increase the building height to 19? for a garage located at 487 South 1000 East. James Smith, applicant.

Associate Planner Mark Bradley advised the applicant is requesting a building height of 17?, not 19?. There was no opposition at the Planning Commission meeting, but later the City received one letter of concern. Additionally, the address in question is 487 South 100 East, not 1000 East.

A motion was made by Council Member Gardner and seconded by Council Member Allen to approve the conditional use permit as requested. 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 approval of a conditional use permit for an extension of time for the Masonic Lodge at 1990 East and Mall Drive. Dick Rein, applicant.

Associate Planner Mark Bradley advised the applicants have submitted and received approval of their construction drawings. The Planning Commission recommended approval of a one year extension.

Jack Davidson, Co-Chairman of the Committee, advised that they have had difficulty in finding a general contractor, but have now located one and have the financial ability to begin the project.

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

CONDITIONAL USE PERMIT:
Consider approval of a conditional use permit to allow an increase in building height to 50? for the new Southwest Center office building to be constructed at 486 West 200 North. Les Stoker, agent.

Associate Planner Mark Bradley explained that the building will actually be 43?, not 50?, and the Zoning Ordinance allows elevator and mechanical rooms to exceed the allowed height. The applicant expects the mechanical room will not exceed 47? in height. The Planning Commission recommends approval. The area is flat, so the height of the building is consistent at all angles.

Les Stoker, agent, explained the building will be located across from Hurst, and will be a three story building.

A motion was made by Council Member Isom and seconded by Council Member Allen to approve the conditional use permit.



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November 15, 2001
Page Thirteen

City Attorney Jonathan Wright advised that the Planning Commission recommendation for approval came with a stipulation that the building not exceed 43? in height, not including the elevator and mechanical room.

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.

CONDITIONAL USE PERMIT:
Consider approval of a conditional use permit for the upgrading of a power line on the west side of St. George from 34 kV to 69 kV using the existing alignment from the HCP boundary near Bluff Street to Santa Clara. Mark Cox, agent for Utah Power and Light.

Associate Planner Mark Bradley advised the realignment will pass through the HCP area which is Open Space, and the applicant will upgrade with wood poles at the same height. There may be some adjustments to meet requirements.

Gary Muhlstein advised the new realignment will do away with the two existing lines by combining then into one.

Mark Cox of Utah Power displayed a map of the alignment of the lines, and explained that the poles will not be the same height, but taller. For the most part they will be 65? in height, but there may be a few places they will have to be higher. The existing poles are 45-50? in height.

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

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

The vote was unanimous and the motion carried.

Council Member Gardner was excused from the meeting.

Mayor McArthur called for a five minute break.

CONDITIONAL USE PERMIT:
Consider approval of a conditional use permit using the temporary building on site at 1062 West Sunset Blvd. for a used car lot.

This item was tabled.

REQUEST TO PURCHASE CITY PROPERTY:
Consider a request to purchase City property or to obtain an easement for sewer on City property located in Washington City along the Millcreek drainage. Doug Hunt, applicant.

City Manager Gary Esplin explained the City acquired the property in question when it acquired Millcreek water. There is now no need to retain the property. Mr. Hunt would like an easement across the property to install a sewer line or
to purchase the property. The City?s concern is the value. Mr. Hunt had an appraisal performed by Stan Blake, which differs from the appraisal the City

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November 15, 2001
Page Fourteen

obtained. Mr. Hunt does not agree with the value of the appraisal obtained by the City. The property has no access as the road was abandoned by Washington City, and there is no access through adjacent properties. Further, the City has no intention of developing the property and staff suggests the property be sold. If the City Council chooses to do this, it must determine which appraisal to use.

Mayor McArthur suggested averaging the two appraisals.

Mr. Esplin replied that Mr. Hunt was not willing to pay more than his appraised price. Mr. Hunt could go around the property to hook into the sewer even without an easement, and once his project is built, no one else would want the property.

Council Member Isom suggested the property be sold to Mr. Hunt if Mr. Blake?s appraisal is a fair price.

City Manager Gary Esplin agreed that it would be very difficult to put anything else on the property, and the appraisal the City obtained was valued on the number of units which could be placed on the property. Mr. Esplin commented that in order to build that many units on the property, it would have to be combined with adjacent property.

Mayor McArthur commented that if the City sold the property at Mr. Hunt?s appraised price, it would be following a different procedure, as the City normally averages two appraisals.

Doug Hunt advised that the City had no buyer for the property, and he would purchase it for the amount appraised by Stan Blake. Half the property is in the Millcreek Wash and within FEMA?s flood plain, and there is no access. He did not see how the property could be developed.

City Attorney Jonathan Wright advised that even if Washington City had abandoned the road, the City would still have a private easement to access the property.

A motion was made by Council Member Isom and seconded by Council Member Whatcott to sell the property to Mr. Hunt for the amount of the Stan Blake appraisal, $21,500. Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

AGREEMENT WITH UDOT:
Consider approval of a cooperative agreement for an I-15 improvement project with UDOT.

City Manager Gary Esplin explained that this item was tabled from the last agenda and is an agreement with Sear Brown for design of landscaping along the freeways. A grant from UDOT has been received to do this, and the City?s match will be $12,000 for the project.

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

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

St. George City Council Minutes
November 15, 2001
Page Fifteen

The vote was unanimous and the motion carried.

PROPERTY EXCHANGE AGREEMENT:
Consider approval of an agreement with SIMLEW for a property exchange to facilitate a trail adjacent to McArthur?s Landing and the Post Office along Riverside Drive.

City Manager Gary Esplin advised that the City has been working with SIMLEW to facilitate a trail in the area adjacent to the Post Office on Riverside Drive. The proposed agreement will result in the City quit-claiming its interest in property north of the trail. According to the Deputy City Attorney Ron Read, the City has no right to the property. The City will receive acreage for the trail from SIMLEW.

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

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

The vote was unanimous and the motion carried.

BEER LICENSE:
Consider approval of a beer license for the Panama Grill Restaurant.

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

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

The vote was unanimous and the motion carried.

SPECIAL EVENT PERMIT:
Consider approval of a special event permit for the Utah Rock Crawling and Off-Road Challenge to be held in St. George in February.

City Manager Gary Esplin advised the event is proposed to be held between Green Valley and Bloomington in the Tonaquint area.

The applicants, Craig Stump, Mike Cook, and Dave Berling advised that the event has received high reviews from every community in which it was held. No alcohol will be allowed, and it will be held only on Friday and Saturday. The event will bring money into the community, and the proposed location is emergency vehicle accessible, yet challenging. After the event, any old cars, junk, and debris will be hauled out, and the area will be left cleaner than when the event began.

Mayor McArthur advised he attended the event in Cedar City last year and it was a fun event.

City Manager Gary Esplin advised that the applicant?s original request included security to be provided by the City, but the applicant was advised that the City will not be providing security for the event.

The applicants advised that private security has been arranged for. The property on which the event will be held is owned by State Trust Lands.


St. George City Council Minutes
November 15, 2001
Page Sixteen

Don Leavitt, State Trust Lands, advised that he would like to see the event be successful, but was concerned about the number of people that would be going back into the area and what type of parking area will be provided. He requested that the parking site and access be approved by him and a representative of the City.

Mayor McArthur advised the City would work with State Trust Lands as the event was a great one for the community.

City Manager Gary Esplin commented that State Trust Lands had the ultimate say, but the City would be happy to send someone to look at the site.

A motion was made by Council Member Orton and seconded by Council Member Whatcott to approve the event subject to the stipulations mentioned in the discussion. Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

SPECIAL EVENT PERMIT:
Consider approval of a special event permit for live music at Shark?s at 1028 East Tabernacle.

Clint Malnar, applicant, advised that Shark?s has been open for eight months for the purpose of providing a place for kids to hang out in a clean environment free of tobacco and other elements. The business provides pool tables, arcades, and snacks and has an array of patrons from children to parents. Six or seven events have been held in the past which consisted of high school and college bands for a two hour period on Friday and Saturday nights from 9:00 to 11:00 p.m. He stated he did not know a permit was needed. He advised he recently met with Chief Stratton and Deputy Chief Peck to determine requirements for a security plan, which he then distributed to the Mayor and City Council.

Council Member Orton advised that he picks up his daughter from dance lessons at a location adjacent to Sharks, and there is a parking and traffic problem in this area.

Mr. Malnar advised that he is requesting permission to hold the special events on Saturday nights only, so there would no longer be a conflict in use of the parking lot. He stated that parking in general is a challenge in the area due to the layout, but there is ample parking around the building.

Council Member Orton commented that he was concerned about dropping off his 14 year old daughter when there were a lot of guys hanging out in the parking lot, which is not well lit.

Mr. Malnar replied that Saturday night events should not conflict with any other nearby use.

Chief Stratton advised that he met yesterday with Mr. Malnar to express concern about incidents in the past at Sharks, and was assured by Mr. Malnar that he would run a very clean and controlled business. Mr. Malnar also welcomes the police to come in at any time and police the parking lot and area. Chief Stratton advised that he outlined the areas of compliance, i.e. the bands will play on Saturday nights only for two hours; there will be no dancing; and adequate staff will be provided to properly supervise the activities within. There will be no alcohol or drugs allowed, and if any are detected, the police will be contacted immediately. Chief Stratton recommended that under these conditions, the special event permit be approved.


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November 15, 2001
Page Seventeen

City Manager Gary Esplin advised that a special event permit is desired over a business license in this case because if the conditions are not complied with, the permit can be revoked much easier than a business license.

A motion to approve the permit subject to the conditions outlined by the Chief of Police was made by Council Member Orton and 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

The vote was unanimous and the motion carried.

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

Becky Pendleton advised that there are a few farmers with produce all year round who would like to continue to sell at the Farmers Market on Saturdays from 9:00 a.m. to 1:00 p.m. Food items only will be sold, and may include pies and donuts.

A motion was made by Council Member Isom to approve the special event permit for six months. 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 Whatcott - aye

The vote was unanimous and the motion carried.

TRANSPORTATION PRESENTATION:
Consider a presentation from Mr. Kelton Gubler regarding transportation issues in the City.

Kelton Gubler advised that as a private business which transports people, there is a shortcoming in the ordinance which needs changing. He advised that no insurance companies will write taxi policies, and applicants can only meet the requirements by lying. A taxi endorsement will add sixteen times the cost to an insurance policy. He advised that a commercial base of operation with parking spots should also be required.

City Attorney Jonathan Wright advised that the City requires taxi companies to have insurance in order to protect the fares, and if a taxi endorsement is required, he will make sure this requirements is complied with.

City Manager Gary Esplin commented that assuring a commercial base of operation was a zoning issue.

City Attorney Jonathan Wright advised that this is also covered by the Home Occupation Ordinance. He advised he will check with the Chief of Police to see what his concerns are and make a determination as to the appropriateness of the business location.

City Manager Gary Esplin suggested that staff be allowed to research the existing cab businesses to find out where they are parking their vehicles, and insurance requirements, and then report back to the City Council.




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November 15, 2001
Page Eighteen

AGREEMENT FOR WATER TANK CONSTRUCTION:
Consider approval of an agreement with Stout Construction for construction of an irrigation water tank in the Bloomington Hills area.

City Manager Gary Esplin advised this item was tabled from the last City Council agenda as an exhibit was missing from the information provided in the packet.
The amount of this contract is $66,750.

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

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

The vote was unanimous and the motion carried.

IMPROVEMENTS TO AIRPORT PARKING LOT:
Consider approval of improvements to the parking lot at the St. George Municipal Airport.

City Manager Gary Esplin advised that staff has researched the information the Mayor suggested at the last meeting to see if it would be feasible to expand parking at the airport into the tie down area on the north side of the terminal building. Staff advises that the City would have to pay the FAA for this area, as they do not participate in parking lots. The question is whether the City Council would like to approve funds to pave the overflow area. The cost would be $50,000 to be paid for through funds generated at the airport through passenger facility charges. The project would consist of chip seal and would be done as inexpensively as possible.

A motion to approve paving the overflow area at the airport was made by Council Member Orton and seconded by Council Member Allen. Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

LOCAL CONSENT FOR SINGLE EVENT PERMIT
Consider approval of local consent for a single event permit for the sale of alcoholic beverages. Washington County Board of Realtors, applicant.

A motion was made by Council Member Isom and seconded by Council Member Orton to approve local consent for a single event permit for the Washington County Board of Realtors Christmas party. Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

APPROVE MINUTES:
Consider approval of the minutes of the regular City Council meeting held October 18, 2001.
St. George City Council Minutes
November 15, 2001
Page Nineteen

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

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

The vote was unanimous and the motion carried.

Consider approval of the minutes of the City Council work meeting held October 23, 2001.

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 Whatcott - aye
Council Member Allen - aye

The vote was unanimous and the motion carried.

Consider approval of the minutes of the regular City Council meeting held November 1, 2001.

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 Whatcott - 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 and litigation was made by Council Member Allen and seconded by Council Member Whatcott. Mayor McArthur called for a roll call vote, as follows:

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

The vote was unanimous and the motion carried.

RECONVENE:
The regular meeting then reconvened.

SETTLEMENT AGREEMENT:
The City Council authorized City Manager Gary Esplin to offer a settlement proposal to Kay Traveller in an amount up to $15,000 to resolve a drainage dispute onr property adjacent to the proposed call center.

DISCUSSION RE HILLSIDE REVIEW BOARD:
Mayor McArthur advised that he received a complaint that the Hillside Review Board does not hold regularly scheduled meetings. He suggested they meet regularly once a month at a specified time. The meeting can always be canceled if no one attends. Additionally, Hillside Review Board members should be given

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November 15, 2001
Page Twenty

copies of the ordinance creating the Hillside Review Board and Hillside Ordinance and be reminded to comply with their requirements and adhere to the purpose of the Board?s creation.

CIVIL RIGHTS COMMISSION MEETING:
City Manager Gary Esplin advised that a Civil Rights Commission meeting will be convened tomorrow at the Sheraton in St. George to look at how law enforcement in the area deals with minorities. Chief Stratton will make a presentation.

DISCUSSION RE DARTS:
Mayor McArthur advised that representatives of DARTS would like to meet wit the Council. If funding is not found, DARTS will be out of operation next year. He suggested that a meeting be scheduled with Lowell Elmer for discussion of the issue.

NOON WHISTLE:
Council Member Isom reported that at an Exchange Club breakfast for police and fire fighters, it was suggested that the City start blowing the noon whistle again.

The meeting then adjourned.



_____________________________
Gay Cragun, City Recorder