City Council Minutes

Thursday, August 15,2002



St. George City Council Minutes
Regular Meeting
August 15, 2002 4:00 P.M.
City Council Chambers

Present:
Mayor Daniel D. McArthur
City Council Member Sharon Isom
City Council Member Rod Orton
City Council Member Suzanne Allen
City Council Member Robert Whatcott
City Council Member Larry Gardner
City Manager Gary Esplin
Acting City Attorney Ronald L. Read
Deputy City Recorder Ren? Fleming
Assistant to the City Manager Mark Mortensen

Visitors:
Angie Parkinson – The Spectrum Newspaper

Opening:

Airport Manager David Ulane led the pledge of allegiance. Mr. Bateman offered the opening prayer

The Mayor read a proclamation declaring the week of Aug. 18 - 22, 2002 as National Truck Driver Appreciation week. He commented trucks are the only way goods are brought into Washington County and truck drivers are the safest drivers on the road. He invited Don Cox of Cox Trucking to speak.

Mr. Cox indicated he appreciates the Mayor declaring National Truck Driver Appreciation week. He explained 80% of all cities in Utah receive all goods solely by trucks. There are over 3500 Commercial Driver License holders in the County. He explained the Utah Trucking Association and the Chamber of Commerce have gotten together to offer truckers discounts as a way of showing appreciation for their work. He suggested business owners take the opportunity to thank truck drivers making deliveries because it's a thankless job.

The Mayor presented the proclamation to Mr. Cox

Council Member Isom arrived at 4:10 p.m.

The Mayor introduced the St. George Royalty Attendants and invited them to introduce themselves. He indicated Miss St. George was not present at this time.

The Mayor discussed the amount of water used over the summer. He indicated the water savings is about 6% over the amount used last summer. He explained the City is using all it's resources other than the Quail Creek Water Treatment Plant (QCWTP) because the reservoir is so low it can't be used at this time.

City Manger Esplin indicated the reservoir is being lowered because the dike needs to be repaired. The Washington County Water Conservation District (WCWCD) is trying to save some of the water in the reservoir to provide a buffer for next year. He explained the Water Department is managing the system, supply is meeting demand, however, he encourages residents to continue in their conservation efforts. He expressed that it is a credit to the managers in the Water Department who are doing a good job of managing water sources, particularly as there has only been one rain storm this summer.

The Mayor asked about upcoming projects in the Water Department.

City Manager Esplin explained staff has been working with Washington, Ivins, Santa Clara cities and the WCWCD to bring additional water from the Sand Hollow well field to the communities. The plan is to construct a 60" pipeline to bring water to the communities that participate in the project. It is a critical, costly and complicated project. It is expected to be on line next May or June. The Environmental Assessment (EA) is still being worked on, as is the EA for the pipeline project to cross BLM property from the new wells in Gunlock to tie into the City system. The Gunlock pipeline project will be on line next year if the EA is approved. The staff hopes to have a plan in place to get through next year if the area doesn't receive enough moisture to alleviate the drought.

The Council discussed the conservation effort. It has resulted in the peak demand sifting to the middle of the night and early morning.

The Mayor commented the conservation efforts by residents is appreciated and encouraged more conservation in both water and power. He reviewed the water reuse plans and indicated reuse water is already completely allocated. He invited the Boy Scouts in attendance to introduce themselves.

Jeremy Garcia, rank of Second Class, member of Troop 532 is working on the Citizenship in the Community merit badge.

D Larson, rank of First Class, member of Troop 532 is working on the Citizenship in the Community merit badge.

Gary Garcia, rank of Second Class, member of Troop 532 is working on the Citizenship in the Community merit badge.

Ryan Adam, member of Troop 333, is working on the Citizenship in the Community merit badge.

Charles Spray, rank of Star, member of Troop 518, is working on the Communications merit badge.

City Manager Esplin advised item 6A9 to consider approval of water conservation plan for the City of St. George will be tabled. He explained there is a mandate from the State requiring a formal public hearing. It will be advertised and on the agenda for the meeting of September 5, 2002.

Consent Calendar

Consider approval of the financial statement for June 2002

City Manager Esplin presented the year-end financial statement. He indicated the City ended in strong financial position, revenues exceeded projections and costs were lower than projected. He indicated the electric fund continues to struggle due to market conditions.

Council Member Orton asked if the fund has caught up during the last part of the year.

City Manager Esplin indicated the department is breaking even, a profit is projected in July. He explained that over a 12-month period the department may not make a profit but the large deficits have ended. He explained in the golf fund it shows that there is a deficit. It is a result of capital projects approved by Council to be paid for by a loan. The interest is shown on the books, although payments aren't be due until 2007. Revenues in the golf department are better than in previous years.

Council Member Orton complimented the staff for keeping within the budget.

Council Member Orton made a motion to approve the financial statement for June 2002. Council Member Isom seconded the motion.

The vote was as follows:
Council Member Whatcott: aye
Council Member Orton: aye
Council Member Isom: aye
Council Member Allen: aye
Council Member Gardner: aye
Motion carried


Bid Openings:

Consider award of bid for the purchase of mobile radios and accessories for the Police Department

City Manager Esplin indicated the recommendation is to purchase 8 mobile radios and accessories under the State contract with Motorola in the total amount of $86,773.75.
Mr. Riggs, of the Police Department, indicated the radios will be purchased under a grant. He explained the repeater burned up some time ago and replacement parts are no longer available. The repeater will be replaced and a second one added. The grant is for 2 digital repeaters and 8 radios.

The Mayor asked if officers will be able to communicate throughout the State?

Mr. Riggs indicated they won't be able to communicate with those on the 800 mhz band, but a normal scanner won't pick these radios up and officers will be able to communicate with older radios.

Council Member Gardner made a motion to award the purchase of mobile radios and accessories for the Police Department under the State contract in the amount of $86,773.75. Council Member Allen seconded the motion.

The vote was as follows:
Council Member Whatcott: aye
Council Member Orton: aye
Council Member Isom: aye
Council Member Allen: aye
Council Member Gardner: aye
Motion carried

Consider award of bid for a blanket contract for alum for the Quail Creek Water Treatment Plant (QCWTP).

City Manager Esplin explained this is a blanket contract for a necessary chemical for the QCWTP. He recommended accepting the bid from Thatcher Chemical, the only vendor to respond to the bid request. The purchase order will be issued for the fiscal year, not to exceed $30,000.

Deputy Director Solomon explained that when water comes into treatment plant, it is mixed with alum to remove the dirt. It is the primary chemical used to treat the water.

Council Member Gardner made a motion to award the bid to Thatcher Chemical, not to exceed $30,000. Council Member Whatcott seconded the motion.

The vote was as follows:
Council Member Whatcott: aye
Council Member Orton: aye
Council Member Isom: aye
Council Member Allen: aye
Council Member Gardner: aye
Motion carried

Consider award of bid for a blanket contract for PAC for the Quail Creek Water Treatment Plant.

Deputy Director Solomon explained PAC stands for power activated charcoal. It is used to remove taste and odor from the water. He explained both this and the previous blanket contract numbers are based on the previous years numbers. The price is almost the same although alum has increased slightly.

Council Member Gardner made a motion to award the bid to Thatcher Chemical for the purchase of PAC, not to exceed $30,000. Council Member Isom seconded the motion.


The vote was as follows:
Council Member Whatcott: aye
Council Member Orton: aye
Council Member Isom: aye
Council Member Allen: aye
Council Member Gardner: aye
Motion carried

ORDINANCES

Consider approval of ordinance amending Title 5, Chapter 2, Section 15, and St. George City Code, relating to proximity limits for issuance of beer licenses.

City Manager Esplin explained that Acting City Attorney Read has drafted new language to deal with some concerns expressed in previous meetings.

Acting City Attorney Read indicated there is language for a variance in the ordinance. He drafted the language so it would meet the requirements of the first element in the ordinance. The second element would have to be met by the applicant. This would make it one step easier for an applicant requesting a license where there an existing a violation of the distance requirement.

City Manager Esplin explained if Council approves this amendment, an applicant would have to meet both criteria. The applicant would automatically meet the first criteria if there is already an existing violation. The second element would still have to be met. The burden of proof is on the applicant to show the existing encroachment and their application does not create a detrimental effect.

Council Member Orton asked if the Council can do this by granting variances on a case-by-case basis.

The Council discussed if it would be better to leave the ordinance as it is rather than approve the amendment. The percentage of existing licenses that are in violation was discussed. It was estimated 5% to 10% may be in violation. The definitions in the ordinance, such as what defines a church and City park and are they clearly defined was discussed.

The Mayor summarized that from the discussion the Council feels it is better to take no action leaving the ordinance as it is written.

Council Member Orton made a motion to leave the ordinance as it is. Council Member Isom seconded the motion.

Council Member Gardner suggested the issue be tabled rather than act on it.

City Manager Esplin advised if the Council passes the amendment under discussion, the applicant would still have to come forward to argue the second issue. He expressed concern that as the master plan is completed and areas are designated as neighborhood/commercial, a new church, which can go in any zone, may prevent a business from opening. He suggested the ordinance be left as allowing the Council to review variance requests on a case-by-case basis.

The Mayor advised there is a motion and called for vote

The vote was as follows:
Council Member Whatcott: aye
Council Member Orton: aye
Council Member Isom: aye
Council Member Allen: aye
Council Member Gardner: aye
Motion carried

Consider approval of a resolution authorizing the issuance and sale of not more than $3,100, 000 of Golf Course Revenue Refunding Bonds, Series 2002, of the City of St. George, Utah, fixing the maximum number of years over which the bonds may mature, the maximum interest rate which the bonds may bear, and the maximum discount from par at which the bonds may be sold; providing for the publication of a notice of bonds to be issued; and providing for the running of the contest period; and related matters.

City Manager Esplin indicated with the interest rate having gone down, refinancing makes sense, it will result in a present value savings of approximately $100,000.

Council Member Gardner made a motion to approve the resolution authorizing the issuance and sale of not more than $3,100, 000 of Golf Course Revenue Refunding Bonds, Series 2002, of the City of St. George, Utah, fixing the maximum number of years over which the bonds may mature, the maximum interest rate which the bonds may bear, and the maximum discount from par at which the bonds may be sold; providing for the publication of a notice of bonds to be issued; and providing for the running of the contest period. Council Member Isom seconded the motion.

The Mayor called for a vote as follows:
Council Member Whatcott: aye
Council Member Orton: aye
Council Member Isom: aye
Council Member Allen: aye
Council Member Gardner: aye
Motion carried

Consider approval of a resolution authorizing the execution and delivery of the (1) water transportation agreement (60" line) between the City and the Washington County Water Conservancy District; and (2) the water transportation agreement (30/24" line) between the City and the Washington County Water Conservancy District; and related matters.

City Manager Esplin explained this has been a discussion item at a previous meeting. He indicated basically this resolution will authorize the City to participate with the WCWCD and other cities that decide to go forward with the 60" water line and participation in the 24/30" line, the size of this line has not been determined yet. He indicated staff is in discussions with Washington, Santa Clara, Ivins and the WCWCD. Washington City is committed to the 60" line, Ivins City has agreed to go forward, Santa Clara City has not made a final decision on participation. He indicated staff is asking for approval to go forward with the concept which means the City would have 67.36% use in the 60" line, and 47% of 24" or 30" inch line. The only caveat is if Santa Clara City chooses not to participate, one of the participants will have to pick up an additional 6% of the project, which is the amount of the line allocated to Santa Clara City. It would have to be discussed among the participants as to how to allocate that 6%. The City may have to be prepared to take the entire 6% although staff would prefer to share that with the other participants. This line will be important for the next 20 to 30 years. He explained the bonds need to be issued by September 1, 2002 in order realize a savings in the cost of issuing the bonds. Additionally, the City can not afford to have the 60" line delayed, it needs to be completed by next May or June in case the area does not have the rain and snowfall needed to alleviate the drought. He is asking the Council to approve subject to the final details to be worked out by City Attorney and staff. He indicated this project is in the capital improvement budget in the Water Department.

Council Member Allen asked if Santa Clara City does decide to opt out, can it opt back in if their anticipated water sources don't materialize.

City Manager Esplin explained if that situation arises, Santa Clara City would have to pay a fee for the cost of carrying their percentage of the project. If their well comes in as they anticipate, they may not need this water to meet their build out estimates.

The Council discussed the issues important to all the communities such as the proposed arsenic rules that are not based on growth.

Council Member Orton made a motion by resolution authorizing the execution and delivery of the (1) water transportation agreement (60" line) between the City and the Washington County Water Conservancy District; and (2) the water transportation agreement (30/24" line) between the City and the Washington County Water Conservancy District and to give staff the opportunity to pick up Santa Clara City's share if needed subject to changes by the City Attorney or staff. Council Member Whatcott seconded the motion.

The Mayor called for a vote as follows:
Council Member Whatcott: aye
Council Member Orton: aye
Council Member Isom: aye
Council Member Allen: aye
Council Member Gardner: aye
Motion carried

Consider Approval of a resolution indicating the City's support for the U.S. Bureau of Reclamation and their various projects.

City Manager Esplin indicated this is a general resolution of support for the Bureau of Reclamation (BOR) indicating the City of St. George has been the recipient of benefits of those projects in both water and power.

Council Member Isom made a motion to approve the resolution indicating the City's support for the U.S. Bureau of Reclamation and their various projects. Council Member Allen seconded the motion.

The Mayor called for a vote as follows:
Council Member Gardner: aye
Council Member Allen: aye
Council Member Isom: aye
Council Member Orton: aye
Council Member Whatcott: aye
Motion carried.

The Mayor noted that Becky Mickelsen, who represented the City of St. George as Miss St. George at the County Fair arrived. He invited her to introduce herself to the Council and to demonstrate her talent, which is playing the violin.

Ms. Mickelsen apologized for being late. She played a classical piece on the violin for the group.

The Mayor complimented Ms. Mickelsen on her presentation.

Public Hearings

Public hearing to consider approval of an amendment to the Hillside Overlay Zone to include the Ledges Addition located between the former north City limit line and the south boundary of Winchester Hills.

Council Member Gardner declared a conflict of interest.

Community Development Director Nicholson explained the public hearing. He indicated that normally when property is annexed into the City it is done under the Hillside Overlay Zone so that the provisions of the Hillside Ordinance apply. It affects property with slopes of 15% or more. The mining of the cinder cone could continue under the hillside ordinance until the resource is exhausted, the area will be left in a level condition. He indicated the Planning Commission recommends approval.

Council Member Orton asked if future mining will be allowed.

Community Development Director Nicholson indicated an applicant would come before the Planning Commission and the City Council for approval to open another mine.

The Mayor declared the Public Hearing open and invited anyone interested to come to the microphone. Seeing no one requesting to speak the Mayor closed the Public Hearing and asked the Council for a decision.

Council Member Allen made a motion to approve an amendment to the Hillside Overlay Zone to include the Ledges Addition located between the former north City limit line and the south boundary of Winchester Hills and exclude the cinder cone. Council Member Whatcott seconded the motion.

The Mayor called for a vote as follows:
Council Member Whatcott: aye
Council Member Orton: aye
Council Member Isom: aye
Council Member Allen: aye
Council Member Gardner: abstain
Motion carried, the overlay was approved with exemption of the cinder cone.

Public hearing to consider a request for approval of a zone change from A-20 Agricultural 20 acre minimum lot size to RE-12.5 Residential Estates 12,500 sq. ft. minimum lot size on 39 acres located at 2300 East 2450 South. Rick Salisbury, applicant.

Community Development Director Nicholson explained the request for the zone change. He indicated it is within the Little Valley sewer improvement district and water pressure should be enhanced with Bloomington Area Tank and pump station on line. The Planning Commission recommends approval.

Council Member Orton asked if this is an updated map.

Community Development Director Nicholson indicated the map is updated, the area is west of Little Valley Road.

The Mayor declared the public hearing open and invited anyone interested to come to the microphone, seeing none, he closed the public hearing and asked the Council for a decision.

Council Member Isom made a motion to approve the zone change from A-20 Agricultural 20 acre minimum lot size to RE-12.5 Residential Estates 12,500 sq. ft. minimum lot size on 39 acres located at 2300 East 2450 South. Council Member Allen seconded the motion.

Council Member Whatcott commented the question has been raised in the Little Valley area concerning the ability to move livestock, specifically horses being able to get to and from trails. There is nothing to protect access to the trails. He explained he is not opposed to the zone change, but thinks the Council is premature in blocking out 39 acres without access to the trails.

Council Member Orton commented the land is all privately owned.

Council Member Whatcott commented that in R-12.5 zoning one large livestock animal is allowed. Residents will have the ability to board a horse on their property but there will be no ability to get the horse onto trails. He asked how does the Council address the question.

The Council discussed the issue of access to trails. The difference between that area and the Dixie Downs is that there is the HCP for people to ride in near the Dixie Downs area, although there is no way to access it. The Council discussed that by the time the property in question is developed there will be a trail for horses. Access easements have been required in other areas that have trails.

Community Development Director Nicholson indicated he can look at the trail access issue and also see if the irrigation right of way can used as a horse trail access.

The Mayor commented that if there is a way to this, it should be done.

Council Member Whatcott commented that the Council is short sighted if it doesn't look at the future and possible equestrian activities that may be included.

City Manager Esplin suggested identifying where the trails go to determine if proposed development would block them. If it does, as part of the planning process, the staff needs to plan for an equestrian access route to the trails. It is something that needs to be looked at it and planned for now.

Community Development Director Nicholson indicated he would ask developers when they come in with their plats if they can put a 10 or 15-foot easement for a trail access.

Council Member Isom amended the motion to say that the developers will work with the City on equestrian trails if a solution can be reached. Council Member Allen seconded the motion.

The Mayor asked if the developer was in attendance and could speak to this issue.

City Manager Esplin expressed the concern that other areas with larger lots that may have horses and need a way to get the through the 39 acres. There needs to be a way to connect to trails for those with horses.

Mr. Newberger of Pope Engineering indicated that he is sure there is something that can be worked out to provide equestrian access.

The Mayor called for a vote as follows:
Council Member Gardner: aye
Council Member Allen: aye
Council Member Isom: aye
Council Member Orton: aye
Council Member Whatcott: aye
Motion carries.

Public hearing to consider amending the 2002 – 2003 fiscal budget for the City of St. George and making necessary adjustments.

City Manager Esplin explained some revenues have been added to the budget. As a result of the growth in the area, there is an additional $65,000 in property tax revenue. That revenue will be allocated to purchase two off road motorcycles needed by City Police Department to deal with the ATV problem and also allocated to the Capital Project Fund for the City building, specifically for parking lot improvements. The other item to amend is to show revenues and expenditures to accommodate the purchase of the Staska property for the soccer complex in the Little Valley area.

The Mayor declared the public hearing open, and invited anyone wishing to speak to come to the microphone. Seeing none he closed the hearing and asked the Council for a decision.

Council Member Allen made a motion to amend the 2002 – 2003 fiscal budget for the City of St. George and to make the necessary adjustments. Council Member Isom seconded the motion.

The Mayor called for a vote as follows:
Council Member Whatcott: aye
Council Member Orton: aye
Council Member Isom: aye
Council Member Allen: aye
Council Member Gardner: aye
Motion carried

Consider approval of a resolution indicating the City's support for the APPA position on market power.

City Manager Esplin indicated this resolution is similar to the BOR resolution. This resolution addresses closing loopholes in market pricing, it supports the APPA's position on public power, it is a very general resolution.

Council Member Garden made a motion to approve the resolution indicating the City's support for the APPA position on market power. Council Member Isom seconded the motion.

The Mayor called for a vote as follows:
Council Member Gardner: aye
Council Member Allen: aye
Council Member Isom: aye
Council Member Orton: aye
Council Member Whatcott: aye
Motion Carried.

Consider approval of a resolution authorizing the sale of property along the Sunbrook Golf course to the adjacent property owners

City Manager Esplin explained this is property the golf course does not need. He proposed to declare it surplus and value the property at one dollar per square foot. This would be consistent with what has been done with other surplus property adjacent to City golf courses

Council Member Isom made a motion to approve the resolution declaring the property surplus and authorizing the sale of property along the Sunbrook Golf Course to the adjacent property owners. Council Member Orton seconded the motion.

The Mayor called for a vote as follows:
Council Member Whatcott: aye
Council Member Orton: aye
Council Member Isom: aye
Council Member Allen: aye
Council Member Gardner: aye
Motion carried

Consider approval of a resolution pertaining to the abandonment of the existing public utilities and drainage easements associated with the existing Southpoint, Phase 3 Subdivision, Lots 75 and 76.

City Manager Esplin explained the resolution is to abandon the utility easements as the property owners will combine the two lots into one. He indicated staff doesn't have a problem the request.

Council Member Whatcott made a motion to approve the resolution pertaining to the abandonment of the existing public utilities and drainage easements associated with the existing Southpoint, Phase 3 Subdivision, Lots 75 and 76. Council Member Orton seconded the motion.

The Mayor called for a vote as follows:
Council Member Whatcott: aye
Council Member Orton: aye
Council Member Isom: aye
Council Member Allen: aye
Council Member Gardner: aye
Motion carried

Consider approval of a resolution appointing a board of equalization and review for St. George Special Improvement District No. 99-4; setting the dates for the Board of Equalization to hear and consider objections and corrections to any proposed assessments; authorizing the City Recorder to publish and mail a meeting of said Board of Equalization and review; and related matters.

City Manager Esplin explained this is the Black Ridge SID and the proposed dates for the Board of Equalization are September 10, 11 and 12, 2002 at 5:00pm. He indicated at least 3 representatives from the Council need to attend the meetings. He indicated staff will try to set appointments for one day only.

Council Member Isom made a motion to approve September 10, 11 and 12, 2002 as the dates for the Board of Equalization to hear and consider objections and corrections to any proposed assessments; authorizing the City Recorder to publish and mail a meeting of said Board of Equalization. Council Member Allen seconded the motion.

The Mayor called for a vote as follows:
Council Member Gardner: aye
Council Member Allen: aye
Council Member Isom: aye
Council Member Orton: aye
Council Member Whatcott: aye
Motion Carried.

Consider a request for waiver of park requirements in order to sell yard sale-type items at Worthen Park. New Covenant Christian Church, applicant.

City Manager Esplin explained the staff has worked with this group before and reported no problems with their request, the staff recommends the Council waive the use fee but not the $10.00 reservation fee.

Tom Scholone with the New Covenant Christian Church explained the church held the same event last year. It is a fundraiser to send men to a convention in California on how to be a better father, husband, and son. He indicated the group made sure the facilities were clean after the event.

City Manager Esplin commented the staff recognizes the group did follow the rules and did clean the park up, which is why they are recommending the use fee be waived.

Council Member Isom made a motion to approve the request with the $10 reservation fee, waiving the use fee provided the park is cleaned up after the event. Council Member Orton seconded the motion.

The vote was as follows:
Council Member Gardner: aye
Council Member Allen: aye
Council Member Isom: aye
Council Member Orton: aye
Council Member Whatcott: aye
Motion carried.

Consider a request for approval of a fee waiver for the Latino Soccer League of Southern Utah.

Present for this discussion: Park Superintendent Lynn Scott

City Manager Esplin explained the Council has previously approved the request for the use of the park, but there was a question of whether or not the fee should be waived because it wasn't known if the league was a non profit organization or not. He indicated in the past the Council has waived fees if the group is a non-profit organization.

Freddy Florence and Miguel Perez spoke to the Council. They explained the organization is non-profit. The park will be used every Sunday from 9 to 5, beginning in October.

Council Member Gardner asked if this is a different group than last year.

A representative from the league indicated this is a different group.

City Manager Esplin expressed that some questions need clarification, such as which facilities will be used.

The group discussed who is using the parks. Past problems were discussed, such the league using the park illegally. The league is now trying to do this legally.

Council Member Isom asked is there any other thing scheduled on Sundays.

Superintendent Scott replied there isn't. the group using it now is not scheduled. They are bunch of guys having fun.

Council Member Gardner asked if scheduling the park for this league will prevent other citizens from using the parks.

The representative from the league responded that they can be flexible and can use whatever facility the City approves.

Council Member Allen asked if they are aware of the restrictions on the park, such as no alcohol and the park needs to be cleaned up after the games..

Council Member Whatcott commended the adults for putting this together and assumes people that are not Latino can play too. He explained he pays a fee to play in a leagues, part of the fees are allocated for care of the facility. He explained he has a hard time waiving the fees on a facility that will have to be maintained. It may be discriminating against everyone else in the City that is required to pay a use fee.

The representative from the league explained they don't have the money to pay, but thinks they can work with the players if it is not much of a fee. But they don't really have any privileges and would like the Council to consider that.

The representative from the league explained there are a lot of non-Latinos playing already. In the future they may want to play in the Latino league but many of them can't play on Sunday.

The Council discussed that fees have been waived for youth sports as a way to encourage participation. They also discussed that a portion of the fee paid by those participating in City Leagues is allocated to park maintenance. The amount of the fee was discussed, the fee is $228 per Sunday, which is based on the cost to maintain the facility and clean up and repair the sod after events.

City Manager Esplin suggested reevaluating the fee schedule.

Park Superintendent Scott explained that usually the Parks Department charges adults because they have the ability to pay and adults can be harder on the grass than kids.

Council Member Isom made a motion to approve this request, but asked the Latino League to check with Superintendent Scott as to which park is available, until the fees are evaluated for all organizations that use it. Council Member Allen seconded the motion and added that the Latino League is responsible to police the area to make sure it is cleaned and taken care of so the City doesn't have to.

City Manager Esplin emphasized the park rules have to be followed.

The Mayor suggested the applicant pass out and review park rules with the teams so they know what the rules are and asked the Council for a vote.

The vote was as follows:
Council Member Gardner: aye
Council Member Allen: aye
Council Member Isom: aye
Council Member Orton: aye
Council Member Whatcott: aye
Motion carried.

Consider a request for approval of a beer license for the Winger's restaurant.

City Manger Esplin explained the request is due to a new owner, it is not a new license, simply a change of ownership

Council Member Whatcott made a motion to approve the request for a beer license for the Winger's restaurant. Council Member Allen seconded the motion.

The vote was as follows:
Council Member Gardner: aye
Council Member Allen: aye
Council Member Isom: aye
Council Member Orton: aye
Council Member Whatcott: aye
Motion carried.

Consider a request for approval of a beer license for Mr. Steve Holt for the former AM/PM convenience store.

City Manager Esplin indicated this is the same situation as the above request, a change in ownership.

Council Member Isom made a motion to approve the request for a beer license for the former AM/PM convenience store. Council Member Whatcott seconded the motion.

The vote was as follows:
Council Member Gardner: aye
Council Member Allen: aye
Council Member Isom: aye
Council Member Orton: aye
Council Member Whatcott: aye
Motion carried

Report from the Planning Commission meeting held August 13, 2002

Associate Planner Mark Bradley made the report from the Planning Commission meeting.

The Planning Commission recommends approval of the following item to be advertised for a public hearing on Thursday, September 5, 2002 at 5:00 p.m.

Consider approval of a zone change from R-3 Multiple Family Residential to PD Planned Development Residential on 9.348 acres for 64 units located on the west side of the Black Hill on the east side of Shadow Mountain Drive at 360 North, north of the Shadow Mountain development. Mans Jennings, applicant.

Council Member Allen made a motion to set the public hearing for approval of a zone change from R-3 Multiple Family Residential to PD Planned Development Residential on 9.348 acres for 64 units located on the west side of the Black Hill on the east side of Shadow Mountain Drive at 360 North, north of the Shadow Mountain development on September 5, 2002. Council Member Isom seconded the motion.

The vote was as follows:
Council Member Gardner: aye
Council Member Allen: aye
Council Member Isom: aye
Council Member Orton: aye
Council Member Whatcott: aye
Motion carried.

Associate Planner Bradley indicated the Planning Commission recommends approval of the following item to be advertised for a public hearing on Thursday, September 19, 2002 at 5:00 p.m.

Consider approval of zone change from R-2 to R-1-8 in the east portion of the downtown St. George area for property located between 100 South and 400 South and between 400 East and 700 East. Downtown Neighborhood Committee/City of St. George, applicants.

Council Member Gardner asked if the hearing can be set for September 5, 2002.

Associate Planner Bradley indicated staff can send out notices advertising the hearing for September 5, 2002.

Council Member Gardner made a motion to set the public hearing to consider approval of zone change from R-2 to R-1-8 in the east portion of the downtown St. George area for property located between 100 South and 400 South and between 400 East and 700 East for September 5, 2002. Council Member Whatcott seconded the motion.

The vote was as follows:
Council Member Gardner: aye
Council Member Allen: aye
Council Member Isom: aye
Council Member Orton: aye
Council Member Whatcott: aye
Motion carried.

Temporary Use Extension

Associate Planner Bradley explained this is to consider an extension of time for a temporary use for the Lillywhite Plant Nursery on Hilton Drive during the time of construction of their permanent facility on Dixie Drive. Staff has not received any complaints regarding the temporary use and would support an extension. The construction drawings were approved in April of this year and construction is under way. The extended time request by the applicant was until the end of November 31, 2002 to allow ample time for completion and to transport the material over to the new site. The Planning Commission recommends approval of an extension to the end of December 2002. Roy Lillywhite, applicant.

Council Member Orton made a motion to approve the temporary use request for the Lilywhite Plant Nursery through December 2002. Council Member Gardner seconded the motion.

The vote was as follows:
Council Member Gardner: aye
Council Member Allen: aye
Council Member Isom: aye
Council Member Orton: aye
Council Member Whatcott: aye
Motion carried.

The Planning Commission recommends approval of the following final plats:

Paradise Canyon Phase 5 with 53 units located at 1400 W. Snow Canyon Parkway. Milo McCowan, applicant.

Pine Brook Subdivision Phase 2 with 24 single-family lots located at 530 South Indian Hills Drive. Cary Blake, applicant.

Trebruk Estates Phase 2 with 1 single-family lot located west of Valley View Drive on Blue Duck Lane. Craig Astle, applicant.

Cotton Manor Phase 5 with 20 units at 350 North 2450 East. Todd Edwards, agent.

Mayor asked if there were any changes from preliminary plat?

Associate Planner Bradley indicated there was one change to the Pine Brook Subdivision, they reduced the plat by 2 lots to create larger lots.

Council Member Allen made a motion to approve the final plats for Paradise Canyon Phase 5 with 53 units located at 1400 W. Snow Canyon Parkway, Pine Brook Subdivision Phase 2 with 24 single family lots located at 530 South Indian Hills Drive. Trebruk Estates Phase 2 with 1 single-family lot located west of Valley View Drive on Blue Duck Lane. Cotton Manor Phase 5 with 20 units at 350 North 2450 East. Council Member Gardner seconded the motion.

The vote was as follows:
Council Member Gardner: aye
Council Member Allen: aye
Council Member Isom: aye
Council Member Orton: aye
Council Member Whatcott: aye
Motion carried.

Consider approval of the following preliminary plats:

Associate Planner Bradley explained this is a preliminary plat for Kachina Springs East at Entrada with 45 units located on Entrada Trail off of Snow Canyon Parkway. The proposed plat is consistent with the approved Entrada Master Plan. There will be water features within the project similar to the Kachina Springs South phase but less intense according to the applicant. The plans provide for guest parking spaces along the road with sidewalk on one side of the street. There is one parking space near the entrance that is questionable and will require further review. The entrance and exit areas are both 20 feet in width for emergency access requirements. There is a proposed berm on the east side of the project instead of a wall. There will be no access from the homes to Wapatki Trail due to the elevation difference and proposed water feature. The Planning Commission recommends approval. Brett Henke, agent.

Council Member Isom made a motion to approve the preliminary plat for Kachina Springs East at Entrada. Council Member Gardner seconded the motion.

The vote was as follows:
Council Member Gardner: aye
Council Member Allen: aye
Council Member Isom: aye
Council Member Orton: aye
Council Member Whatcott: aye
Motion carried.

Associate Planner Bradley explained this is a preliminary plat for Sandstone Shadows Phase 3 with 17 single-family lots located on Valley View Drive and Shadow Point Drive. This would be the final phase of the Sandstone Shadow development. Valley View Drive is a limited access public street causing the project to have double fronting lots, which requires a six-foot solid privacy wall with a minimum four-foot landscape strip. Since this development is a conventional R-1-8 subdivision with no homeowners association the applicant is requesting the City to maintain the landscape along Valley View Drive an 80-foot right-of-way. The Planning Commission recommends approval of both the preliminary plat and landscape maintenance subject to the landscape plans being approved and signed off by the City Parks Department at the same time construction drawings are approved prior to final plat approval. Nate Blake, applicant.

City Manager Esplin provided some clarification, the City isn't maintaining across the street from this, the PD's that have frontages maintain them. It's a little inconsistent with other developments as this will be the first thing on Valley View Drive the City would maintain.

Council Member Orton asked what the status is of future situations such as this.

City Manager Esplin indicated the City will not maintain 66-foot wide areas, but will maintain on 80-foot wide access.

Council Member Whatcott asked if Valley View Drive is already developed out to 80 feet.

Associate Planner Bradley indicated this area would have to widened.

The Council discussed the walls and the amount of traffic and that on Valley View Drive. The City is requiring the walls to avoid residents backing out into Valley View Drive. The Council discussed the look of walls and ways to soften the look.

Council Member Gardner made a motion to approve the preliminary plat for Sandstone Shadow Phase 3 with agreement to maintain landscape. Council Member Allen seconded the motion.

The vote was as follows:
Council Member Gardner: aye
Council Member Allen: aye
Council Member Isom: aye
Council Member Orton: aye
Council Member Whatcott: nay
Motion carried.

Associated Planner Bradley explained this plat is for Eastwood Business Park with 14 professional office buildings located at 280 North Mall Drive. This area recently received a zone change approval from R-1-10 to Administrative & Professional Office. The Planning Commission recommends approval including the discussion of relocating the trash dumpsters and knowing that a deceleration lane is required along Mall Drive. Brad Stucki, applicant.

Council Member Isom made a motion approve the preliminary plat for Eastwood Business Park with 14 professional office building located at 280 North Mall Drive with the stipulations put on the Planning Commission. Council Member Allen seconded the motion.

The vote was as follows:
Council Member Gardner: aye
Council Member Allen: aye
Council Member Isom: aye
Council Member Orton: aye
Council Member Whatcott: aye
Motion carried.

Lot Split

Associate Planner Bradley explained this is to consider approval of a lot split at the Dixie Sunset Plaza at about 1750 W. Sunset Blvd. The proposed request works in a commercial zone with a recorded ingress and egress access agreement. Staff doesn't see any problem with the request subject to obtaining the necessary utilities & drainage easements and access agreement being recorded. The Planning Commission recommends approval with the above mentioned easements and access agreement. Larry Belliston, applicant.

Council Member Isom made a motion to approve the lot split at the Dixie Sunset Plaza at about 1750 W Sunset Blvd. with items being recorded as specified by the Planning Commission. Council Member Orton seconded the motion.

The vote was as follows:
Council Member Gardner: aye
Council Member Allen: aye
Council Member Isom: aye
Council Member Orton: aye
Council Member Whatcott: aye
Motion carried.

Consider a request for approval of a conditional use permit for a new City fire station to be located on the northwest corner of 1800 North and Dixie Downs Road.

Associate Planner Bradley explained this is a conditional use permit for a new fire station, back-up dispatch center and police substation to be located on the northwest corner of 1800 North and Dixie Downs Road. This site is at the southeast corner of the Ironwood development and the access will be off of 1800 North. The Planning Commission recommends approval. Kevin Taylor City Fire Marshal, applicant.

The Mayor asked City Manager Esplin to explain why police officers are at fire stations on occasion.

City Manager Esplin explained it is an opportunity for police to utilize City facilities to communicate with headquarters or write a report with out having to leave the area they are assigned. He indicated this new station will provide a back up communications center to the one at the Police Department headquarters.

City Council Member Orton made a motion to approve a conditional use permit for a new fire station, back up dispatch center to be located on the northwest corner of 1800 North and Dixie Downs Road. Council Member Gardner seconded the motion.

The vote was as follows:
Council Member Gardner: aye
Council Member Allen: aye
Council Member Isom: aye
Council Member Orton: aye
Council Member Whatcott: aye
Motion carried.

Review a conditional use permit issued previously for the Family Support Center located at 513 North 500 West.

Associate Planner Bradley indicated this is a review and renewal of a conditional use permit for a Family Support Center for up to 16 daytime persons and up to 8 overnight persons (children up to 11 years old) at 513 North 500 West. One of the conditions approved for the permit was to come back to the City after one year for review. There have been no complaints of the use that staff is aware of. The Planning Commission was satisfied with the review and recommends there is no need to come back for another review unless there are considerable complaints of the use. Washington County Family Support, applicant.

Council Member Gardner made a motion to approve and renew the conditional use permit for a Family Support Center for up to 16 daytime persons and up to 8 overnight persons (children up to 11 years old) at 513 North 500 West. Council Member Whatcott seconded the motion.

The vote was as follows:
Council Member Gardner: aye
Council Member Allen: aye
Council Member Isom: aye
Council Member Orton: aye
Council Member Whatcott: aye
Motion carried.

Consider a request for approval of conditional use permit to allow an RV park for age 55 and older in a Mobile Home zone located north of 2000 South and east of 2580 East on approximately 37 acres.

City Manager Esplin indicated the Planning Commission voted to deny this request.

Associate Planner Bradley explained the Planning Commission heard this request on June 11, 2002. The request for the RV park is a conditional use in this zone, this request is for 374 RV pads on the 37 acres, which is under the density of what is permitted in that area. There can be 16 RV's per acre or 7 mobile homes per acre. The road network within the project is 10% to 15% of the project. The applicant has provided a comparison between the two issues. The issues tonight is to discuss the location of this RV park, the sewer issues can be resolved. He explained there is a lot of concern because of the location of the zone. The Planning Commission supports the request for a 55 and older development, but not the location of the zone. He explained the applicant has provided pictures of the location that are displayed on the video screen.

Curtis Jensen introduced himself to the Council and explained he is here to assist applicants. He assured the Council that the park will be a quality project. He assured the Council that the developer is financially able to see the project through to completion and to participate in the SID. The project is for persons who are 55 and older, these are the types of individuals the economy has thrived on. He explained the developer is trying to provide a housing opportunity for theses folks who give a lot and ask for little in return. He indicated this group is known to be of less impact on the services than others, they conserve water and power. The development may be high density, but it is something for which the area has been zoned. He explained the applicant feels like at this time it is of best option for the area and asked the Council to grant the conditional use permit.

Karl Larson thanked the Council for taking the time to consider this proposal. He reviewed the slides of the property. He explained the slope will be left as open space, with would have picnic tables. He would be glad to have a horse trail through the project. He understands that 374 is a fairly high density but regulations would allow to the number of units to be as high as 572. The Clubhouse would be 12,000 square feet, it would be used for dinners, dances and other community activities. He explained he went to Phoenix and Mesa AZ as well as other areas to look at parks of this type to see what works. The amenities are what make the project successful. The project will have 2 tennis courts, shuffleboard courts and other activities. He indicated one of the major concerns is the water situation. In the summer the park will have about a 30% occupancy rate, the landscaping will be desert type reducing water use. This will be a lease park, the individuals will lease the lots and put the park models and RV's on the lots and he will maintain the lots. He expressed this will keep it looking nice and it will be successful.

Council Member Isom asked Mr. Larson to discuss the type of medical arrangements made for people in the park.

Mr. Larson explained he will retain a home health nurse to come to the park a couple of times a month to address any needs the residents may have.

Todd Edwards indicated Mr. Larson did participate in the SID so there is access to improved roads, he explained a traffic study has been done that indicates what needs to be done, Mr. Larson is willing to do those things. He explained they worked with the sewer department to get access to the wastewater facility. The water situation is much improved, power will be provided by Dixie Escalante. This is a little more secluded area for an RV park than others in the City. He indicated there is a definite need and zoning for this type of development is limited.

Council Member Isom asked Mr. Edwards to elaborate on what is being done with the roads outside the park.

Mr. Edwards indicated 2000 South and is being improved as are improvements to the intersections so that everything is safe and that RV's can get in and out without problems. He explained Mr. Larson wanted to make sure there was no pass through traffic so there is limited the access to one intersection on each street.

There was discussion concerning the width of the roads and the traffic study recommendations.

Council Member Gardner asked regarding sewer participation, did developer participate in the prior SID and are they going to participate in the next one too?

Mr. Edwards indicated a lift station would be needed to use the sewer line that was recently put it. The developer did participate in the last SID and will work with the sewer department to participate in a gravity flow line. But the developer is not doing a sewer lift station, that money can be used for installing a sewer trunk line.

Council Member Isom provided some information from the fair housing office in Salt Lake City for Mr. Larson to review to be sure that anything that is done is in compliance with State laws.

The group discussed the age of RV's and mobile homes within the development, only units 5 years or younger would be allowed without going through a review process. Units older than 5 years would need the permission of the developer to be installed. No camp trailers less than 20 feet nor campers would be allowed in the community.
The group discussed the leasing options and types of leases available. Mr. Larson indicated he is going for annual basis leasing. Plans for weekly or monthly leases will be available for those who want to "test the waters".

The Mayor commented that the Council has looked at this area in conjunction with the City's master plan. The new master plan doesn't accommodate this kind of density. He asked Mr. Larson if he has considered anything that is less dense.

Mr. Larson explained he has looked at every option there is, and feels like this is the best use for this property. He has considered what he paid for this property, SID costs and this project is economically feasible. He explained he doesn't like to do any project that isn't quality, he wants to exceed standards. He explained this project is his retirement he is not going to do anything to jeopardize it.

The Mayor commented that he knows Mr. Larson does a quality project, but once it's been rezoned anything can happen. He explained the Council often bases decisions on the worse case scenario rather than a best case scenario. He indicated this isn't a public hearing, but there are a lot of people in attendance that are interested in the project. He invited them to make comments.

Brian Jenkins explained he is a prospective buyer in the area, he indicated his heart sank when he heard there was a mobile home project going in. He explained he could feel comfortable with the project if it goes in as planned and with some assurances that the quality would be maintained. But he is concerned about main road and heavy traffic, how can that be alleviated.

City Manager Esplin explained that in theory, the conditional use permit is granted based on the plan that is submitted. So if it deviates from the plan the project gets shut down. If the property is sold, it has to be maintained as submitted, this is not a guarantee, but it does provide some assurance the approved plan will be followed.

Jim McArthur asked if the Council received a copy of the petition that was sent around. He handed in some additional pages that were not available when the petition was submitted. He commented that he appreciates Mr. Larson's emotional appeal, but the City's general zoning rules need to be abided. He said the Greystone subdivision voluntarily went to ? acres lots and Crimson Cliffs subdivision is being forced to go to ? acre lots. He expressed concerned about the traffic and older people driving. He hopes this proposed conditional use permit will not be approved as this is not the place for this type of development. He thinks the legal department should take a look at this because it could border on negligence due to the amount of traffic. He also asked about units that age after they are put in there, when they are over 5 years old will they be removed?

Council Member Orton asked Mr. McArthur if the neighbors would prefer leaving the area zoned as a mobile home park rather than the RV park.

Mr. McArthur commented that it's the lesser of 2 evils, it's too bad that before this request went in the City didn't look at this area and address the zoning issues.

Council Member Orton explained the City inherited this property from the County, which did the zoning 17 years ago. He commented it probably wouldn't go through today. The developer can put the mobile home park in without coming to the Council if the requirements are met. He indicated in some ways the Council's hands are tied. Again, would you prefer a mobile home park to RV park.

Mr. McArthur replied he can't speak for the group of people, but he would prefer a mobile home park for 55 and over. He doesn't know why the property can't be turned into a residential area.

The Council discussed changing the zone and the rezoning being done in the downtown area, which it being driven by the neighborhood.

Council Member Gardner commented that he doesn't disagree with what Mr. Larson has said. He expressed that those living in this type of development can be good neighbors, it does, however, bring density into the neighborhood and may decrease property values and increase traffic. He recalled a discussion of concerns when Temple RV came into town, however, it seems to have worked well but it is located in an industrial area. He has seen mobile home parks that have deteriorated rather rapidly. He agreed the City has inherited something that has been difficult to deal with. He asked if Acting City Attorney Read can address what are options available.

The Mayor commented that the Council has to consider what developments will be in 10 to 20 years and determine if it fits in the master plan.

Acting City Attorney Read indicated that as he remembers case law it says there is a vested interest once a permit is obtained and construction is started. Case law says you can deal with zoning at any other time. The Council could deny it prior to a permit being obtained and construction beginning. He explained that although the developer has invested money, without the permit being issued and construction begun his recollection is that the zoning can be changed.

Mark McCloghlin indicated he purchased a lot in Crimson Cliffs to get off a busy street and because density was lower. He explained that within a week of buying his lot he was notified of Mr. Larson's development. He indicated that he feels like since the City has required Crimson Cliffs to have ? or larger lots this proposed development doesn't fit in the area. The traffic would increase the concern of letting our children play. As a potential home builder, he would support the City changing the zone to decrease the density.

Natalie Larsen indicated she has a question with the zoning. In the book she has on codes, it says no travel trailer or transient vehicle can be used in a mobile home park. She thinks the RV park would be better suited near a freeway. She explained there are over 70 kids in the area. She commented the developer of Greystone goes down the street at 15 mph for the safety of our children. This is not the right place for an RV Park or a Mobile Home Park. The clubhouse is the same size some of homes in Stonecliff. She asked if there will there be an SID coming down 3000 East to accommodate the proposed RV park. She said she hasn't received the bill for her SID assessment, has Mr. Larson paid for his assessment? She said if the development is approved, it will be the end of the fields. Once the livestock and fields are gone they won't come back. There is money being made with the Greystone subdivision, so if it's all about money and not the integrity of the area what is the reason fo