City Council Minutes

Thursday, September 5,2002



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
SEPTEMBER 5, 2002, 4:00 P.M.
CITY COUNCIL CHAMBERS

PRESENT:
Mayor Daniel McArthur
Council Member Sharon Isom
Council Member Suzanne Allen
Council Member Larry Gardner
Council Member Bob Whatcott
Interim City Attorney Ron Read
City Recorder Gay Cragun

EXCUSED:
Council Member Rod Orton
City Manager Gary Esplin

OPENING:
Mayor McArthur called the meeting to order and welcomed all in attendance. He announced that Council Member Isom may be late, and until she arrived, all actions of the City Council would have to be unanimous in order for an item to be approved, and if anyone wished to have his or her item withdrawn from the agenda, they could do so. The pledge of allegiance was led by Council Member Allen, and the invocation was offered by Council Member Whatcott.

Council Member Isom arrived.

Dan Adams, representing the Utah State University Extension Office, explained USU's programs which are available through and in partnership with Dixie College; most are Master's Degree programs, with ten students enrolled in the first-ever long distance doctorate program available in St. George.

Mayor McArthur read a proclamation proclaiming September 11 as "Always Remember 9/11 Day" in the City of St. George. A musical tribute to 9/11 was then sung by Police Officer Travis Brown.

AWARD OF BID:
Consider award of bid for the construction of the Riverside Trail pipeline project.

Purchasing Agent Sue Swensen presented six bids received, as follows:

Blackmore Construction $423,235.50
L&M General Engineering $486,742.85
A-T Asphalt $487,928.88
Interstate Rock $498,785.05
Dennett Construction $517,909.50
Tradewest Construction $524,014.60

She recommended award to the low bidder, Blackmore Construction, in the amount of $423,235.50.

A motion was made by Council Member Isom and seconded by Council Member Gardner to award the bid to the low bidder, Blackmore Construction, in the amount of $423,235.50. Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

AWARD OF BID:
Consider award of bid for the Baneberry Drive/Marigold Way storm drain project.

Purchasing Agent Sue Swensen presented six bids received, as follows:



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September 5, 2002
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Rogers Construction $41,635
SunRoc Corp. $43,606
L&M Construction $36,034.50
AT Asphalt $37,756.78
Dennett Construction $37,008
Blackmore Construction $39,865

She recommended award to the low bidder, L&M Construction, in the amount of $36,034.50.

A motion was made by Council Member Allen and seconded by Council Member Gardner to award the bid to the low bidder, L&M Construction, in the amount of $36,034.50. Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

AWARD OF BID:
Consider approval of a proposal for First Night celebration professional services.

Purchasing Agent Sue Swensen recommended award of a proposal for First Night professional services for audio and lighting for three venues as well as the staging on the main Boulevard stage to Sine Wave Sound and Systems in the amount of $11,487.50. The City has used this company the past three years.

A motion was made by Council Member Gardner and seconded by Council Member Whatcott to award the proposal for First Night professional services to Sine Wave Sound & Systems in the amount of $11,487.50. Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

AWARD OF BID:
Consider award of bid for automated external defibrillators for the Fire Department.

Purchasing Agent Sue Swensen recommended award of the bid for 13 defibrillators to the sole source supplier, Physio-Control, in the amount of $30,236.

Fire Chief Robert Stoker explained that eight of the 13 units will be used by the Fire Department, with the remaining five to be placed by Leisure Services at various City buildings in time for the Senior Games.

A motion was made by Council Member Isom and seconded by Council Member Allen to award the bid to the sole source supplier, Physio-Control, in the amount of $30,236. Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

HILLSIDE DEVELOPMENT PERMIT:
Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held August 27, 2002, recommended approval of a hillside development

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permit for the Bella Viaggio Subdivision subject to the conditions made by the Hillside Review Board. Remington Group Realty is the applicant. Mr. Bradley explained that a portion of the area was zoned PD Residential, but this zoning has since expired and reverted back to the previous R-1-10 zoning. The PD zone was approved as a continuation of the Mirage Estates development and received a hillside development permit at that time. The new proposal is for 28 single family lots which changes the original development layout, thus constituting the need for a new hillside development permit. The Hillside Review Board, at its August 14, 2002 meeting, recommended approval with the following conditions:

(1) The City Engineer must review the width to see if there would be a road width option on 2025 South Circle from that of the master planned road width of 60' right-of-way to reduce the cut on the hillside.

(2) The Hillside Review Board reconvene on-site to look at the progress on the cut along 2025 South Circle to determine the treatment (mitigation) if necessary. All efforts are to be made to have the cut look as natural as possible due to the visibility of the site. City staff will determine when the Board is to reconvene on-site.

(3) The applicant's engineers are to provide additional information on the terraced lots shown on the plans (i.e. material, slope, placement, etc.). The plans may be submitted to staff for review. If staff has concerns with the submitted plans, the plans are to be reviewed by the Hillside Review Board.

Council Member Allen recommended that sidewalk be required on only one side of the street in order to reduce the cut.

A motion was made by Council Member Gardner and seconded by Council Member Isom to approve the hillside development permit subject to the recommendations of the Hillside Review Board and Planning Commission, and to require sidewalk on only one side of the street. Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

PRELIMINARY PLAT:
Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held August 27, 2002, recommended approval of the preliminary plat for Bella Viaggio Subdivision. Remington Group Realty is the applicant.

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

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

The vote was unanimous and the motion carried.

FINAL PLATS:
Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held August 27, 2002, recommended approval of the final plat for Foremaster Subdivision (Mark Walter, agent), and the final plat for Sunset Plaza (Dean Terry, applicant).

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


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

The vote was unanimous and the motion carried.

UPDATE ON WATER SUPPLY SITUATION:
Mayor McArthur advised that in the past several days the City considered the possibility of declaring Stage Two of its drought management plan. However, the overall levels of the tanks have recently increased.

Water and Power Director Wayne McArthur advised that as the summer progresses, it appears that residents are watering more and conserving less. The City will also have additional water available to it from Hurricane at 55? per 1,000 gallons up to 12,000 gallons a minute. Additionally, the West City Springs may be able to be turned into the City's culinary system. He recommended that the City not declare Stage Two of the drought management plan at this time.

Mayor McArthur called for a five minute break.

PUBLIC HEARING:
Public hearing to consider comments and input regarding expenditures
under the LLEBG Block Grant for the Police Department.

Deputy Chief of Police Russ Peck advised that this grant award will be split 50/50 between the City and Washington County Sheriff's Office. The City's portion of the grant is $15,294, with a match required by the City in the amount of $1,529. Grant funds will be used to purchase a portable presentations projector, two digital portable radios, a digital fingerprinting system for the kids' ID program, and kids' ID materials.

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

Deputy Chief Peck then provided an update on the recent incident at the Tooele Army Depot.

PUBLIC HEARING/ZONE CHANGE/ORDINANCE:
Public hearing to consider a request for a zone change from R-3 Multiple Family Residential to PD Residential on 9.348 acres for 64 units located on the west side of the Black Hill and the east side of Shadow Mountain Drive at 360 North. Mans Jennings, applicant.

Community Development Director Bob Nicholson advised that 64 detached units are proposed for the project. Six twin homes already located in Phase One will become part of the overall project and included in the homeowner's association. Elevation drawings have been submitted showing the units with stucco exteriors and tile roofs. Phase One will require a hillside development permit.

Mayor McArthur opened the public hearing.

David J. Evans, a resident of the Stone Point development, stated he was disturbed that the six twin homes would be included in the zone change and homeowners association, leaving the existing R-2 units across the street all alone. As a result, these six units will not have any power to obtain special TV rates, or have any way to pay for upkeep of the area.

Mans Jennings commented that including the units in the zone change would not affect the homeowners association or bylaws in any way, and all units will be included in it, including the six units across the street. The units on the west side are not affected by the zone change, therefore they were not included in the zone change.

Cheryl Evans expressed concern about the number of units in the proposed development, as one common street serves the development and there are many children residing along Stone Mountain Drive. The proposed number of units will

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September 5, 2002
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increase traffic on this small street, and the development will not add to the property values of surrounding properties as the proposed units are all stucco.

Mayor McArthur commented that this zoning request is actually a downzone, and density is much less than what it could be in an R-3 zone.

Community Development Director Bob Nicholson explained that an R-3 zone would allow 13 units per acre.

Tracy Hokanson inquired about the difference in density between an R-2 and R-3 zone.

Mr. Nicholson replied that density could be as low as three to four units per acre, or as high as 12-18 units per acre. A PD requires the applicant to bring in the site plans and renderings so that the City Council and neighborhood can see how the project will look.

Ms. Hokanson expressed concern about traffic in the area. She stated she would rather see PD Residential zoning than R-3 zoning. She expressed concern about how high up the hillside the units were being developed, as no one in Shadow Mountain was allowed to build that high upon the hill.

Dee L. Ashliman explained that he moved here from Pennsylvania and lives on Shadow Point Drive and felt he entered into a contract with the City when he bought his property. That contract is that the City would not change the zoning, and in turn he would not raise chickens and pigs in his backyard. He stated he felt he had the right to the same zoning and hillside development rules that he bought into, and it would be criminal and irresponsible on the City Council's part to change the rules. He also expressed concern that the vision of those who first set up the City's zoning and hillside development rules was being undone. He stated it was the right thing to do and visionary to retain the status quo, but also pragmatic to not kill the goose that laid the golden egg, which is the City's beautiful physical setting and peaceful way of life. He urged the City Council to deny the hillside development permit.

Council Member Isom explained that the developer could build apartments in accordance with the present zoning, and the proposed project is a down zone.

Mayor McArthur explained that 15 years ago slopes greater than 40% could be developed, but the City then lowered this figure to preserve its hillsides. The zoning request is also a down zone, and one of the benefits of a PD zone is so neighbors and the City Council can see how the project will be laid out on the property. Without the requested zone change, the developers could build a project that would adversely affect the neighborhood more than the proposed project.

Council Member Gardner commented it appeared this project was misunderstood, as it was at the City's request that this project be downzoned so that the neighborhood could have more understanding of what was going to take place. The project has undergone review by the Hillside Review Board and development will have to function within the guidelines of the Hillside Ordinance.

Amy Bowler, a resident of the Stone Point Patio Homes, inquired how this project would affect the resale value of surrounding homes, and when the project would be finished.

Mr. Jennings replied that the project would not be finished until all the units were sold.

Council Member Gardner commented that more apartments would devalue surrounding homes, but this project would increase their value.

Mr. Jennings commented that as a developer he was concerned about the quality of life and aesthetic values in St. George as he has lived here a long time and it is home. He stated the project would be an improvement over the eyesore which currently exists on the property, and the project will be an improvement to the neighborhood and increase property values. He stated he was planning to begin

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construction immediately and build the units as fast as he could sell them, probably in three phases.

Ms. Hokanson inquired if there would be any recreation or open space in the project.

Mr. Jennings replied the project will contain three grassed play areas.

Mr. Evans inquired of Mr. Jennings if all the existing units, even those across the street, would belong to the same homeowners' association.

Mr. Jennings replied that they would all belong to the same association.

Council Member Whatcott commented that R-3 zoning would allow 13 units per acre, and the proposed project will contain 6.8 units an acre, which is an improvement.

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

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

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

The vote was unanimous and the motion carried.

HILLSIDE DEVELOPMENT PERMIT AND PRELIMINARY PLAT:
Community Development Director Bob Nicholson advised that the Planning Commission, at its meeting held August 13, 2002, recommended approval of a hillside development permit and preliminary plat for Stone Point Townhomes with the same conditions made by the Hillside Review Board. Those conditions are as follows:

(1) Subject to a zone change approval by the City Council.
(2) Compliance with submitted studies, with specific attention to diamond wall and/or stacked rock.
(3) A restoration bond as determined by the City Engineer per the ordinance, subject to fairness with existing conditions of the disturbed area.

A motion was made by Council Member Gardner and seconded by Council Member Allen to approve the hillside development permit and preliminary plat subject to the recommendations of the Hillside Review Board and Planning Commission. Mayor McArthur called for a vote, as follows:

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

Community Development Director Bob Nicholson explained that the purpose of the requested downzone is to protect the character of the neighborhood as it exists today, which is predominantly single family owner-occupied housing. The downzone would create legal non-conforming uses. There are seven or eight legally-established duplexes in the area, and they can continue to exist. It is legal in an R-1 zone to have up to four unrelated people in a home, or a family plus

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three additional unrelated people as a single housekeeping unit. The area in question is well-kept. Area residents are concerned that coming years will bring a need for more student housing, and it is the intent of the General Plan that this student housing be provided to the north, south, and east sides of the college campus. There is also an empty home with eight bedrooms along 700 East which was used as a group home, and the owner is requesting that the City exclude this home from the zone change.

Council Member Isom commented she wanted her property to remain R-2 due to its higher property value, and hers would be included within the next area considered for a down zone.

Mayor McArthur commented that most of the property owners in favor of the zone change live in the area, while those who are opposed live outside the area.
He then opened the public hearing.

Kenton Barker, a resident of the downtown area and member of the Neighborhood Committee, advised that neighbors are concerned about what is happening in their area. The Neighborhood Committee was formed to change the zoning to preserve the integrity of the area. 85% of homeowners in the area signed a petition in favor of the zone change. He stated that the area did not need more housing which attracts rentals, instead housing was desired to attract young families and stop deterioration from high density developments. Area residents want the zone change to ensure their property values are maintained and to discourage conversion of single family homes to rentals.

Miriam Blake, a property owner in the downtown area, disagreed with the proposed zone change as it would reduce the number of units she would be able to develop on her property from 15 to four or five. She commented the proposed zone change would not make the neighborhood better, and she asked that her be property be excluded from the zone change.

Doug Alder stated that he understood R-1-8 zoning would allow four units per acre, and he would support the Blake's proposal as he was anxious to see the Blake's property developed with a quality development and adequate parking. He advised that the group home on 700 East currently does not have adequate parking and has only three parking spaces, when eight is required. He stated he was anxious to see the area protected, as its nature has remained R-1. He stated that rezoning now will prevent major problems with inner-city decline currently being experienced in Orem, Provo, Ogden, and other major cities.

Marguerite Christopherson, a resident of Elmwood Townhomes, questioned why her development was left out of the boundaries of the proposed zone change.

Community Development Director Bob Nicholson explained that all PDs were excluded from the zone change as they were already zoned for multiple housing.

Edna Hinkey advised that sufficient off-street parking to meet the requirements of the ordinance will be provided for the group home, and requested that it be excluded from the zone change.

Carol Gubler, a property owner in the downtown area, requested that homes facing south on 100 South be included in the zone change to preserve the homes on both sides of this street.

Darren Aiken, a resident of the downtown area, commented he was in favor of the zone change to protect the area.

Marcia Stucki, a resident of the downtown area, advised that her home on the corner of 100 South and 400 East recently burned, and it will have to be completely demolished. She commented she would like the option of building duplexes on the site, as that is the best use of her property.

Council Member Gardner commented he would hate to see Ms. Stucki's home demolished and inquired if there were a way for the City to become involved in its restoration, perhaps through a historical preservation grant.


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Jim McArthur advised that the City of Riverdale has been using RDA funds for the past 2 ? years for residential rehabilitation and restoration. He suggested there were some areas of the downtown which might be financially affected by the downzoning. He inquired if it would be possible to purchase open spaces within blocks, such as the Blake property, make them a part of the RDA, and then make them available to private developers to build single family homes on the property.

Pam Wall, a resident of the downtown area, stated she was grateful that as a single parent she was able to rent a single family home for her children. She commented that parking was not an issue for people who lived in other areas of the City, and property in St. George is so expensive that single parents can usually only afford to buy a townhome. She commented that townhomes will not make the area less appealing, and the group home is a blessing to the area.

Glynnis Sylvester commented she was opposed to the zone change as she owned a large lot adjacent to the Blake property.

Ira Hodges, a resident of the downtown area and an architect and planning consultant, advised that other cities which are experiencing problems in their downtowns are downzoning, and the downzone is a tool of implementation of all the goals and objectives of the master plan. A vote of confidence in the master plan can be made by voting for this implementation tool.

Georgia Barker advised that nice homes in the downtown area are being bought by investors who have no desire to live in them, but only to rent them out and drive others out of the neighborhood. Area residents want young families who will own and occupy the homes. She expressed hope that the City Council would follow the master plan, and commentd that the downzoning is good for the City.

Miriam Blake commented she was told by real estate people that if the area zoning changes to R-1-8, she would have no chance of getting 12 units on her property, which is what she wants. She stated the downzone would cause her great hardship.

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

Council Member Gardner commented the debate is between private and public property issues, and he inquired if there were a way to exclude the Blake property
or approve the zone change request recognizing there has been a request for a PD for the property.

Mayor McArthur commented this would then have to be done for every piece of vacant property in the City, and would not accomplish the purpose for which the zone change has been requested. If the City Council were to do that, there would be no need for the zone change.

Council Member Gardner commented that the purpose of development of the Blake property is for a PD, not apartments or duplexes.

Council Member Whatcott commented if the Blake property were not included in the zone change, they could then sell the property and apartments could be built on it.

Community Development Director Bob Nicholson advised that a neighborhood redevelopment agency could be created for the residential area, but the problem is the difference in funding between the present and new valuation. Additionally, the City is two years away from being declared an entitlement city and eligible for $500,000 annually.

Council Member Gardner commented he was not bothered by development in the middle of blocks. He stated he was supportive of the zone change to R-1-8, but willing to honor some sort of request by the Blake family for a PD in the future.

Mayor McArthur commented that filling in the middle of the blocks increases the density, and in ten to fifteen years, this is where all the rentals will be.



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Jim McArthur commented that on the west side of the downtown area 40% of the condos are now rentals, and this is the point the Neighborhood Committee is trying to make.

Council Member Isom made a motion to allow property which is currently zoned R-1-8 to remain that way, and property which is zoned R-2 to remain that way, at the owner's discretion. The motion died for lack of a second.

A motion was made by Council Member Gardner to approve the zone change to R-1-8, with an effort by the City to protect the historic George Seegmiller property either through discretionary funds for mitigation of any asbestos or some other method, and excluding the former group home on 700 East with a grandfathered use as a group home. Additionally, the Blake property is included in the zone change, but with a willingness to look at a PD on the property.

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

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

The motion carried.

Mayor McArthur called for a five minute break.

Community Development Director Bob Nicholson commented that with regard to the group home, grandfathering its use implies the group home use is going on today, and in fact the home is vacant. He clarified that the action would allow the home to continue to be used as a duplex home.

PUBLIC HEARING:
Public hearing to consider comments and input regarding a proposed water conservation plan for the City of St. George.

Mayor McArthur commented he would prefer the entire City Council be present when rates are discussed.

Council Member Whatcott commented that he had no problem with tabling the matter, as long as the rate structure was not proposed at the next meeting as it should first be discussed in multiple work meetings.

Carol Sapp, a member of the Advisory Council, commented she had no problem with the matter being tabled.

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

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

The vote was unanimous and the motion carried.

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

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

The vote was unanimous and the motion carried.

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Page Ten

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

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

The vote was unanimous and the motion carried.

CONDITIONAL USE PERMIT:
Consider a request for approval of a conditional use permit for an RV park in a Mobile Home zone north of 2000 South and east of 2580 East Street in the Little Valley area.

City Attorney Ron Read explained he was instructed by the City Council to obtain a legal opinion as to the applicant's vested rights, and that legal opinion has been received from Jody Burnett. The City concurs that the applicant has vested rights in a mobile home park, and possibly in an RV park. The RV park, however, is contingent upon obtaining a conditional use permit. Based upon the City's ordinances and the fact that the property is currently zoned MH, there is an application pending for an RV park, and an application for an excavation and grading permit for the mobile home park if the conditional use permit for the RV park is not granted. Mr. Larson presented plans to build a mobile home park on August 27, 2002 at the Planning Review meeting, and those rights are vested.
The City Council must decide which of the two uses is best for the City. He recommended that a final decision not be made tonight, and that staff work with Mr. Larson to enter into a development agreement to address all the issues.

Mayor McArthur commented the issues to be addressed were sewer, water, streets, open space, and setbacks to address concerns of the neighbors, planning in the area, and the health, safety and welfare of the community.

City Attorney Ron Read advised that access roads under the City's concurrency standards must be finished to a 32' width of asphalt all the way to 3000 East and then north clear around the hill. It is recommended that sewer be free flow into the fields rather than into the Special Improvement District. Setbacks for the transition area between the stockyards around the perimeter are recommended to be another 30' in depth, with a landscape strip, wall, or possibly a berm.

Council Member Isom commented that an equestrian trail would also be required.

Council Member Gardner commented it was evident the applicant has vested rights in the project, yet the community would ask if there is any way to work with the developers on other options, and if so, they should be pursued. An option discussed with the applicant was for a higher density residential zone more compatible with the surrounding neighborhood.

Council Member Isom made a motion to instruct the applicant to meet with staff and enter into a development agreement.

City Attorney Ron Read advised that for the record, the road issues include completion and dedication of at least 32' in width, and improving the 32' width from the project east to 3000 East and then north along the road to where the additional width already exists at Stonecliff. With regard to sewer, the applicant is working with St. George and Washington in separate agreements, but perhaps this could be made a part of the development agreement. The applicant's commitment is almost $150,000 to participate in a portion of the 12" line, and then he will bring an 8" line into his development. Discussion needs to be held on the transition area to create a space between the project and the property owners to the west. Some direction from Council is needed to address street sides to the south and east, and also the equestrian trail.

Council Member Allen commented she would rather see berming than a landscape strip which could be just cactus.


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Mr. Nicholson advised that the project proposes to have a wall around three sides.

City Attorney Ron Read commented that the City Council can set conditions for the conditional use permit, and it is then up to the applicant if he wants to meet them.

Mayor McArthur commented that a transition area is appropriate, and staff would like to work with the developers in other areas too to come up with a more traditional form of subdivision, if possible.

Council Member Gardner commented that in some agricultural areas, official notification is required so that when people move into an area where farming activities are taking place, the people are aware of those impacts and agree that they will not force agricultural activities out of the area.

Council Member Isom commented that since the owner already owns the property, deed restrictions cannot be made, but the conditions can be made part of the development agreement.

City Attorney Ron Read advised that the applicant is willing to have something in the leases that would terminate the lease if the lessee objected to the adjacent zoning.

Council Member Allen seconded the motion previously made by Council Member Isom.

Council Member Gardner clarified that the development agreement must include the issued discussed.

City Attorney Ron Read advised that the development agreement pertains to the RV park, not the mobile home park.

Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

Curtis Jensen commented that it was clear his client had a vested right in the RV park through a conditional use permit, but if discussions are not fruitful or there is resistance, his client has the option to develop a mobile home park.

PUBLIC TRANSPORTATION PROGRAM:
Consider approval of a public transportation program for the City of St. George.

Public Works Director Larry Bulloch displayed a map to illustrate the proposed routes, and advised stops would be made with a one hour frequency, Monday through Friday, serving the general area which is being served today. The proposed plan reduces the cost, and is identified as Option No. 2. There will be one bus to serve ADA needs, and also on-demand service if the schedule can be kept. Mr. Bulloch advised that Five County Association of Governments will continue to operate the service through the end of the calendar year if the City contributes $10,000 each month. The City would take over the system in January, 2003.

Council Member Isom inquired how soon Bloomington and Bloomington Hills would be served as part of the system.

Mr. Bulloch responded that service to Bloomington and Bloomington Hills would require additional subsidies.

Council Member Gardner stated he was disappointed that the public misunderstood the City's position. He emphasized that the system is owned by Five County Association of Governments, and they requested the City to take over the existing system as they had been running it. The City responded that it was not financially

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able to take over the existing system, but would look at continuing some sort of service. The City Council has determined that it wants some sort of a transportation system in the community. However, if in a year it is not moving in the right direction, the City retains the option of discontinuing the system.

Council Member Allen commented the reduced system will give the City the opportunity to work it on its terms, and then it can expand and grow, rather than take on a system that it cannot afford.

A motion was made by Council Member Gardner and seconded by Council Member Allen to approve Option No. 2. Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

Council Member Whatcott inquired why the City was waiting until January 1 to take over the system.

Mr. Bulloch replied it was due to logistics. The City will have to redo some of the buses, remove the wrap from the windows, change the name of the system on the buses, work out routes, hire and train personnel, and begin advertising. The bottom line cost to the City will be $123,000. This is its portion of matching funds to run the system. Other funds will also be applied for.

Blaine Imlay commented he was not sure the City needed a bus system. However, if there was going to be one, he wanted to bid on it and run it himself, as the cost could be cut in half.

SIGN VARIANCE:
Consider a request for a variance for location of a sign in the right-of-way adjacent to St. George Motor Cars on Bluff Street.

Community Development Director Bob Nicholson explained that the applicant, Darin Toone, began placement of the sign, but it has been on hold pending resolution of this matter. The City's Sign Ordinance requires that the pole support structure be located outside of the right-of-way on private property, at least 8' back from the curb. When the applicant originally took out the sign permit, the sign was going to be located further north, but due to underground utilities, it was moved further south. The applicant has received a permit from UDOT to locate the sign within its right-of-way, but this does not exempt the applicant from requirements of the Sign Ordinance.

Council Member Isom inquired if any part of the sign would be lighted. She was informed that it would be.

Mr. Nicholson advised that another requirement of the Sign Ordinance is that the edge of the sign be no closer than 8' to the curb. This requirement was met before installation of the deceleration lane, but now there is a setback of only 6'. The height of the sign is around 25', and iwill not be located on a street designated for monument signs only. The sign will be a video display sign, and under the City's Sign Ordinance, falls under the "animated sign" category. The Sign Review Board met a year ago and four members recommended that the Sign Ordinance be changed to prohibit animated signs. This would not include, however, electronic message-type signs, such as reader boards.

Darin Toone, applicant, advised that some letters will be internally illuminated, and the electronic message center is a LED display. It has the ability to flash or pulse, and pictures of cars and prices will appear on the display, as well as the time and temperature.

Mayor McArthur inquired if there were a reason for the height of the sign.



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September 5, 2002
Page Thirteen

Mr. Nicholson explained that cars will be parked underneath the sign, and the sign will have to be high enough to clear adjacent trees. The current ordinance allows pole signs to be 35' in height.

A motion to approve the variance was made by Council Member Isom.

Mr. Draper advised that the sign will cost $100,000. The message center alone will cost $80,000.

The motion was seconded by Council Member Whatcott.

Ray Draper, YESCO, commented that the variance should be approved as the sign is beautiful. However, if a 6' setback is allowed, this will set a precedent.

City Attorney Ron Read advised that the deceleration lane is the only reason for this variance, and each request for a variance is considered on a case-by-case basis.

Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

DUST PROBLEM:
Presentation from Mr. Wes Sullivan regarding dust problems adjacent to his property in the Horsemen Park area.

Wes Sullivan advised that the road in front of his property in the Horsemen Park area was dedicated 30-40 years ago, but the paperwork cannot be found. He stated he felt the City has responsibility for the dust nuisance by letting construction trucks travel the road which has resulted in his cows going blind and trees dying.

Mayor McArthur advised that shredded asphalt was put on this road as a road base to help eliminate the dust problem.

Mr. Sullivan advised that as a result, the dust now is black, and the road is being used more and more.

Council Member Gardner inquired of Mr. Sullivan if he was asking that the road be oiled.

Mr. Sullivan replied he was asking for something to keep the dust down.

Public Works Director Larry Bulloch advised that the City has committed to the possibility of road improvements in this area beginning on River Road, with developers sharing in the cost of the project. The final segment of this project past Mr. Sullivan's property will be done in conjunction with the School District and will cost $145,000, however, it is not expected that this portion will be improved for at least five years.

Council Member Gardner suggested that this section be done now by trading it with another portion of the project.

Mr. Bulloch replied that perhaps an arrangement could be made with the School District for reimbursement when the school in this area was constructed.

Mr. Sullivan stated that oiling the road would help a lot.

Council Member Isom suggested that Public Works Director Larry Bulloch and Wes Sullivan work together to solve the problem.



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September 5, 2002
Page Fourteen

Blaine Imlay suggested that ground-up asphalt from the reuse center be used, along with oil and cement, for an inexpensive road which would last for 10-15 years. This will eliminate the dust, and the project could be completed for $10,000.

Mr. Bulloch replied a double chip seal would cost $40,000-$50,000 to do the entire length of the road.

Mayor McArthur commented that staff would see what it could do.

REQUEST TO MAINTAIN LANDSCAPING:
Consider a request for the City to maintain landscaping on Mall Drive (80 foot right-of-way). Darcy Stewart, applicant.

Gil Nicola, a resident of Santa Fe, advised that Santa Fe tore out all the grass in its landscape strip and installed stone at a cost of $10,000.

Mayor McArthur advised that the recommendation from staff is that the City not maintain this landscape strip, as all the developments along Mall Drive would then want the City to maintain their landscape strips.

Mr. Nicola advised in that event, there would be 20-30 entities to deal with.

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

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

The vote was unanimous and the motion carried.

AIRPORT SECURITY CHANGES:
Report regarding airport security changes.

Airport Manager David Ulane reported that as part of new security legislation affecting airports, the federal government was to assume responsibility for airline screening by the end of this year. This is now starting to take place at smaller airports. The TSA (Transportation Security Administration) has contracted with Lockheed to review our facilities and determine what needs to be done for the transition. Lockheed reviewed the St. George Municipal Airport on July 19, analyzed the facility, and came up with a plan. He then reviewed the work plan. All changes will be funded by the TSA at no cost to the City, including closed circuit TV cameras, an explosives trace detection machine, and other new equipment.

Arnell West has been selected as the contractor. There will be 11-15 federal employees performing the screening, with five to six on duty at any one time.

Council Member Isom was excused from the meeting.

Mr. Ulane explained that because additional office space will be required for the federal employees, the TSA will bring in a modular building for this purpose. The City will work with them to find a spot and design for a location close to the terminal. The proposed changes will provide secure but customer friendly service.

PROFESSIONAL SERVICES AGREEMENT:
Consider approval of a professional services agreement with Costanza PS Associates for the Blake Memorial Park design.

Parks Superintendent Lynne Scott recommended approval of a professional services agreement with Costanza Associated for design services for the Blake Memorial Park on Indian Hills Drive. A request for proposals was done, with three proposals submitted. After interviews and review of the proposals, staff selected Costanza Associates. However, their proposal was quite low, and after further review with them to make sure they understood the scope of the project, they asked to renegotiate their fee. The new amount is $22,045, and staff feels this amount is

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September 5, 2002
Page Fifteen

appropriate. She explained that this was not a bid proposal, but a request for services.

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

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

The vote was unanimous and the motion carried.

PROPERTY DONATION AGREEMENT:
Consider approval of a property donation agreement between the Blake family and the City of St. George for the Blake Memorial Park.

Lynne Scott explained the subject property consists of a five acre parcel in the Pine Brook subdivision. The park will front on a street in the subdivision and back against the Santa Clara River, and will serve as a trailhead for the Santa Clara Trail. Main access to the park will be through the subdivision, and from the trail. The plan is to have the park constructed by August, 2003.

A motion was made by Council Member Whatcott and seconded by Council Member Gardner to approve the property donation agreement, with thanks to the Blake family for their generous donation. Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

AUTHORIZE GRANT EXPENDITURES FOR POLICE DEPARTMENT:
Consider authorization of grant expenditures and purchases for the Police Department.

Deputy Chief of Police Russ Peck advised the recommended expenditures were discussed in the public hearing earlier in the meeting.

A motion was made by Council Member Gardner and seconded by Council Member Whatcott to authorize the grant expenditures for the Police Department as discussed earlier in the meeting. Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

APPROVAL OF MINUTES:
Consider approval of the minutes of the regular City Council meeting held August 1, 2002.

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

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

The vote was unanimous and the motion carried.

Consider approval of the minutes of the City Council work meeting held August 8, 2002.


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September 5, 2002
Page Sixteen

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

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

The vote was unanimous and the motion carried.

Consider approval of the minutes of the regular City Council meeting held August 15, 2002.

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

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

The vote was unanimous and the motion carried.

Consider approval of the minutes of the City Council work meeting held August 22, 2002.

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

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

The vote was unanimous and the motion carried.

AUTHORIZATION TO PURCHASE PROPERTIES:
Consider authorization for the City to purchase various properties within the City of St. George.

Kent Garrett advised the dinosaur property consists of .551 acres, and a price of $45,000 per acre has been agreed to, for a total of $24,795. The tracks will be donated and are valued at 1.5 million dollars.

A motion was made by Council Member Whatcott and seconded by Council Member Gardner to authorize purchase of the dinosaur property in the amount of $24,795. Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

Kent Garrett advised that the pistol range property consists of four acres and is valued at $75,000 per acre based on its commercial value.

A motion was made by Council Member Whatcott and seconded by Council Member Allen to approve purchase of the pistol range property in the amount of $75,000 per acre. Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.


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Page Seventeen

Kent Garrett recommended purchase of the Howard Foremaster property in the area of Riverside Drive and advised that it will be the final link in the City's trail system.

A motion was made by Council Member Allen and seconded by Council Member Gardner to authorize purchase of the Howard Foremaster property. Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

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

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

The vote was unanimous and the motion carried.

BUILDING IN MILLCREEK INDUSTRIAL PARK:
A motion to do due diligence on a building located in the Millcreek Industrial Park for a possible Parks building was made by Council Member Gardner and seconded by Council Member Whatcott. Mayor McArthur called for a vote, as follows:

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

The vote was unanimous and the motion carried.

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

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

The vote was unanimous and the motion carried. The meeting adjourned at 10:15 p.m.



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Gay Cragun, City Recorder